City of Salina Code 2002
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SUPPLEMENT NO. 16
September 2001
CODE
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City of
SALINA, KANSAS
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Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 01.10043, adopted June 25, 2001.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
ix-xviii ix-xvii
459 459
461--489 461-503
1507-1508.1 1507-1508.2
1511--1514 1511-1514.1
1519--1522 1519-1522
2223,2224 2223-2224.1
2474.3--2474.9 2474.3--2474.16
2501,2502 2501--2502.1
3509, 3510 3509, 3510
3583--3592 3583-3592
3595--3604 3595--3604
3611--3616 3611-3616
3623, 3624 3623, 3624
3633--3634.1 3633,3634
3639--3641 3639--3641
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1-800-262-CODE
Website: www.municode.com
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SALJNA CODE
-CITY OF
SALINA" KANSAS
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Adopted, November 1, 1982
Effective, January 1, 1988
Published by Order of the Board of Commissioners
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MUNICIPAL CODE CORPORATION
Tallahassee, Florida
1988
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OFFICIALS
of the
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CITY OF SALINA. KANSAS
AT THE TIME OF THIS CODIFICATION
Keith G. Duckers
Mayor
John F. Burgess
Karen M. Graves
Merle A. Hodges. M.D.
Charles B. Roth
Commi8sicmers
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Rufus L. Nye
City Manager
L. O. Bengtson
City Attorney
D. L. Harrison
City Clerk
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PREFACE
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This Code constitutes a complete recodification of the ordinances of
the City of Salina of a general and permanent nature. As expressed in
the Adopting Ordinance, the Code supersedes all such ordinances not in-
cluded herein or recognized as continuing in force by reference thereto.
The chapters of the Code are arranged in alphabetical order and the
sections within each chapter are catchlined to facilitate usage. Source
materials used in the preparation of the Code were the 1966 Salina Code
as supplemented through January 7, 1980, and ordinances subsequently
adopted by the governing body. The source of each section is included in
the history note appearing in parentheses at the end thereof. The absence
of such a note indicates that the section is new and was adopted for the
first time with the adoption of the Code. By use of the Comparative
Tables appearing in the back of the volume, the reader can locate any
section of the 1966 Code and any subsequent ordinance included herein.
Footnotes which tie related sections of the Code together and which
refer to relevant provisions of the state law have been included. A table
listing the state law citations and setting forth their location within the
Code is included at the back of this volume.
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Numbering System
The numbering system used in this Code is the same system used in
many state and local government codes. Each section number consists of
two component parts separated by a dash, the figure before the dash
representing the chapter number and the figure after the dash indi-
cating the position of the section within the chapter. Thus, the first
section of chapter 1 is numbered 1-1 and the third section of chapter
4 is 4-3. Under this system, each section is identified with its chapter,
and, at the same time, new sections or even whole chapters can be in-
serted in their proper places, simply by using the decimal system for
amendments. By way of illustration: If new material consisting of three
sections that would logically come between sections 3-2 and 3-3 is de-
sired to be added, such new sections would be numbered 3-2.1, 3-2.2 and
3-2.3, respectively. New chapters may be included in the same manner.
If the new material is to be included between chapters 12 and 13, it will
be designated as chapter 12.5. Care should be taken that the alpha-
betical arrangement of chapters is maintained when including new chap-
ters. New articles and new divisions may be included in the same way or,
in the case of articles, may be placed at the end of the chapter embracing
the subject, and, in the case of divisions, may be placed at the end of
the article embracing the subject, the next successive number being as-
signed to the article or division.
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Index
The index has been prepared with the greatest of care. Each particular
item has been placed under several headings, some of the headings being
couched in lay phraseology, others in legal terminology and still others
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in language generally used by government officials and employees. There
are numerous cross references within the index itself which stand as
guideposts to direct the user to the particular item in which he is in-
terested.
Looseleaf Supplements
A special feature of this Code is the looseleaf system of binding and
supplemental service, by which the Code will be kept up-to-date periodi-
cally. Upon the final passage of amendatory ordinances, they will be re-
printed. These new pages will be distributed to holders of copies of the
Code, with instructions for the manner of inserting the new pages and
deleting the obsolete pages. Each such amendment, when incorporated
into the Code, may be cited as a part thereof, as provided in Section 5
of the Adopting Ordinance.
The successful maintenance of this Code up-to-date at all times will
depend largely upon the holder of the volume. As revised sheets are
received it will then become the responsibility of the holder to have the
amendments inserted according to the attached instructions. It is strongly
recommended by the publishers that all such amendments be inserted
immediately upon receipt to avoid misplacing them and, in addition, that
all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
The publication of this Code was under the direct supervision of George
R. Langford, President, and Bill Carroll, Supervising Editor, of the
Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully
given to the other members of the publisher's staff for their sincere
interest and able assistance throughout the project.
The publishers are most grateful to the Assistant City Manager, Mr.
Bill Harris, the City Attorney, Mr. Larry Bengtson, and the City Clerk,
Mr. D. L. Harrison, for their cooperation and assistance during the
progress of the work on this Code. It is hoped that their efforts and
those of the publishers have resulted in a Code of Ordinances which will
make the active law of the City readily accessible to all citizens and which
will be a valuable tool in the day-to-day administration of the City's affairs.
1982
MUNICIPAL CODE CORPORATION
Tallahassee, Florida
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ORDINANCE NUMBER 82-8943
(Published in The Salina Journal November 5,1982)
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AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR
THE CITY OF SALINA; ESTABLISHING THE SAME; PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN; PROVIDING FOR THE MANNER OF AMENDING AND
SUPPLEMENTING SUCH CODE; AND PROVIDING WHEN SUCH
CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Code of Ordinances, consisting of Chapters 1 to
42, each inclusive, and constituting a codification of the city's ordinances
in conformity with sections 12-3014 and 12-3015 of the Kansas Statutes
Annotated, is hereby adopted and enacted as the "Salina Code", which
Code shall supersede all general and permanent ordinances of the City
adopted on or before May 3, 1982, to the extent provided in section 2
hereof.
Section 2. That all provisions of such Code shall be in full force and
effect from and after January 1, 1983, and all ordinances of a general
and permanent nature of the City of Salina, adopted on final passage on
or before May 3, 1982, and not included in such Code or recognized and
continued in force by reference therein, are hereby repealed from and
after the effective date of such Code.
Section 8. That the repeal provided for in section 2 hereof shall not
be construed to revive any ordinance or part thereof that has been re-:
pealed by a subsequent ordinance which is repealed by this ordinance.
Section 4. That unless another penalty is expressly provided, a viola-
tion of any provision of such Code, or any provision of any rule or
regulation adopted or issued pursuant thereto, shall be punished by a
fine of not more than Five Hundred Dollars ($500.00), or by imprison-
ment for a period of not exceeding six (6) months, or by both such fine
and imprisonment, at the discretion of the court, as provided in section
1-10 'of such Code. .
Section 5. That any and all additions and amendments to such Code,
when passed in such form as to indicate the intention of the City to
make the same a part of such Code, shall be df:emed to be incorporated
in such Code, so that reference to such Code shall be understood and
intended to include such additions and amendments.
Section 6. That in case of the amendment of any section of such Code
for which a penalty is not provided, the general penalty, as provided in
section 4 of this ordinance and in section 1-10 of such Code shall apply
to the section. as amended, or in case such amendment contains provi-
sions for which a penalty, other than the aforementioned general pen-
alty, is provided in another section in the same chapter, the penalty so
provided in such other section shall be held to relate to the section so
amended, unless such penalty is specifically repealed therein.
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Secticm 7. That any ordinance adopted after May 3, 1982, which
amends or refers to ordinances which have been codified in such Code,
shall be construed as if they amend or refer to like provisions of such
Code.
Section 8. That this ordinance and the Code adopted hereby, shall
become effective January 1, 1983.
Introduced: October 25, 1982
Passed: November 1, 1982
Keith G. Duckers
Mayor
(SEAL)
ATTEST:
D. L. Harrison
City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, D. L. Harrison, City Clerk of the City of Salina, Kansas, do hereby
certify that Ordinance Number 82-8943, was adopted by the Board of
Commissioners at a Regular Meeting on November 1, 1982, and that
the above and foregoing is a true and correct copy of the original on
file in my office.
D. L. Harrison
City Clerk
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TABLE OF CONTENTS
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Officials of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adopting Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CODE
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Chapter
1. General Provisions.. . . ... " .. . . . . . . . '" . .. . . . . . . .. .. ... "
2. Administration..........................................
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Board of Commissioners . . . . . . . . . . . . . . . . . . . . .
Art. III. City Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. IV Officers and Employees Generally. . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Bonds...................................
Div. 3. Indemnification for Liability. . . . . . . . . . . . . .
Art. V. Administrative Departments . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Department of Law . . . . . . . . . . . . . . . . . . . . . .
Div. 3. Department of Public Health . . . . . . . . . . . . .
Art. VI. Boards and Commissions (Reserved) . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Reserved................................
Art. VII. Salina Arts and Humanities Commission. . . .
Art. VIII. Public Records. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. IX. Salina Bicentennial Center. . . . . . . . . . . . . . . . . .
Art. X. Salina Business Improvement District Design
Review Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. XI. Accessibility Advisory Board. . . . . . . . . . . . . . . . .
Art. XII. Public Improvement Procedures. . . . . . . . . . . . .
Art. XIII. Finance..................................
Page
iii
v
VII
1
55
57
57
57
58
58
58
59
60
60
60
61
61
61
61
61
62
65
65
67
68
70
3. Advertising............................................. 111
4. Airport................................................. 163
Art. I. In General.... . . . . . .. . . . . . . . .. . . . . . . .. .. .. . . . 165
Art. II. Airport Authority .. . . . . . . . . . . . . . . . . . . . . . . . . . 165
Art. III. Airport Zoning Commission.. " . . . . . . " ... .. 165
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5. Alcoholic Beverages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General... . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . "
Art. II. Alcoholic Liquor. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Retailer's License. . . . . . . . . . . . . . . . . . . . . . . .
Div. 3. Distributor's License. . . . . . . . . . . . . . . . . . . . .
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Supp. No. 16
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219
221
221
221
224.3
224.3
SALINA CODE
Chapter
Art. III. Cereal Malt Beverages. . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally...............................
Div. 2. Retailer's License. . . . . . . . . . . . . . . . . . . . . . . .
Art. IV. Private Clubs and Drinking Establishments . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. License.................................
Div. 3. Drinking Establishments. . . . . . . . . . . . . . . . .
6. Amusements and Entertainments. . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Carnivals, Circuses and Tent Shows . . . . . . . . . .
Div. 1. Generally .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. License ........................ . . . . . . . . .
Art. III. Adult-Oriented Businesses . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. License .................................
Div. 3. Operating Regulations . . . . . . . . . . . . . . . . . . .
Div. 4. Suspension, Revocation, Nonrenewal, Ap-
peal.................................... .
Div. 5. Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Animals.................................................
Art. I. In General..... ....... ...... . . . .., . . . . ., . . ..,
Art. II. Administration and Enforcement. . . . . . . . . . . . .
Art. III. Restrictions on Owning Animals. . . . . . . . . . . . .
Art. IV. Responsibilities of Persons Owning Animals . .
Art. V. Animal Protection Responsibility of All Persons
Art. VI. Registration of Cats and Dogs . . . . . . . . . . . . . . .
Art. VII. Licensing of Commercial Animal Establish-
ments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. VIII. Impoundment, Recovery and Adoption of An-
imals at Animal Shelter . . . . . . . . . . . . . . . . . . .
7.5. Reserved..............................................
8. Buildings and Structural Appurtenances . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Building Codes Advisory and Appeals Board.. .
Art. III. Building Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. IV. General License Requirements. . . . . . . . . . . . . . .
Art. V. Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Administration and Enforcement. . . . . . . . . .
Subdiv. I. In General .......................
Subdiv. II. Reserved . . . . . . . . . . . . . . . . . . . . . . . .
Div. 3. Electrical Contractors. . . . . . . . . . . . . . . . . . . .
Div. 4. Electrical Mechanics.. . . . . . . . . . . .. . . . . . . .
Div. 5. Permits and Inspections.. ..... .. ... .... ..
Art. VI. Plumbing Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Plumbers................................
Supp. No. 16
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Page
224.4
224.4
227
230.1
230.1
233
236
287
289
289
289
290
290
290
295
300
303
304
345
347
352
353
355
357
358
360
361
409
459
461
461
462
473
475
475
475
475
477
477
478
479
481
481
486
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TABLE OF CONTENTS-Cont'd.
Chapter
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Div. 3. Reserved................................
Art. VII. Reserved..................................
Art. VIII. Mechanical Code. . . . . . . .. . . . . . . . . . . . . . .. ..
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Mechanical Contractors . . . . . . . . . . . . . . . . . .
Div. 3. Permits and Inspections................ ..
Art. IX. Code for Abatement of Dangerous Buildings . .
Art. X. Demolition, Removal or Relocation of Buildings
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Permit..................................
Art. XI. Sign Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. XII. Fences, Walls and Hedges . . . . . . . . . . . . . . . . . .
Art. XIII. Reserved.................................
Art. XIV. Private Swimming Pools. . . . . . . . . . . . . . . . . . .
Art. XV. Reserved .......... . . . . . . . . . . . . . . . . . . . . . . . .
Art. XVI. Structures Damaged by Fire, Explosion, or
Windstorm. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. XVII. Contractors/I'radesman Registration. . . . . . .
9. Cemeteries..............................................
10. Civil Emergencies and Disasters. . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. City-County Emergency Preparedness Board. .
Art. III. Emergency Proclamation. . . . . . . . . . . . . . . . . . . .
Art. IV Emergency Action in Response to a Release or
Threatened Release of Material into or upon
the Environment. . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Page
488
488
488
488
490
491
492
492
492
493
494
495
498
498
499
499
501
537
587
587
587
589
590
11. Economic Development (Reserved) .. ... .. ......... .. . .... 641
12. Elections......................... . . . . . . . . . . . . . . . . . . . . . . 741
13. Equal Opportunity and Affirmative Action. . . . . . . . . . . . . . . . 791
Art. I. In General.... ... .. . " .. .. . . . . . . . . . . . . . . . . . '. 793
Art. II. Human Relations Commission ............... 796
Art. III. Unlawful Practices . . . . . . . . . . . . . . . . . . . . . . . . . 799
Art. IV Complaint Procedures. . . . . . . . . . . . . . . . . . . . . . . 801
Art. V HOusing..................................... 804
Art. VI. Public Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . 810
Art. VII. The Organizational Structure and Responsi-
bilities for Carrying Out the City's Commit-
ment to the Principle of Nondiscrimination in
City Employment..... ... .. . . . . . " . . . ...... 812
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14. Fire Prevention and Protection. . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General.. .. . .. .. . . . " " ... . . . . . . . . . . . . . . . .
Art. II. Firemen's Relief Association. . . . . . . . . . . . . . . . . .
Art. III. Fire Prevention Code . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Fireworks...............................
Div. 3. Liquefied Petroleum Gases . . . . . . . . . . . . . . .
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Supp. No. 16
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853
855
855
857
857
858
860
SALINA CODE
Chapter Page
15. Flood Prevention and Control ........................... 909
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 909
Art. II. Flood Protection Works. . . . . . . . . . . . . . . . . . . . . . 909
16. Food and Food Handlers............. ................... 961
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 961
Art. II. Establishments............................. 961
17. Health and Sanitation.................................. 1061
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1061
Art. II. City-County Board of Health. . . . . . . . . . . . . . . . . 1061
18. Housing...............................................
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Administration and Enforcement. . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Appeals.................................
Art. III. Use and Occupancy Regulations. . . . . . . . . . . . .
19. Library................................................
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Library Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20. Licenses...............................................
21. Minors.................................................
Art. I. In General.. . ...... . . . .. . . . . . . . . . . .. .. . . . . . . .
Art. II. Curfew.....................................
22. Mobile Homes and Trailers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. General Regulations Applicable to All Existing
and Future Mobile Homes and Mobile Home
Owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. III. New Parks or Park Expansions..............
Art. IV. Mobile Home Contractors and Craftsmen. . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Permits and Inspections..................
23. Municipal Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Bail Bond Agents and Companies ..... . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Licenses.................................
24. Nuisances..............................................
25. Offenses, Miscellaneous Provisions... ., . . .. . ., . . . . . . . . . .,
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Anticipatory Offenses. . . . . . . . . . . . . . . . . . . . . . . .
Art. III. Offenses Against Persons . . . . . . . . . . . . . . . . . . .
Art. IV. Sex Offenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. V. Offenses Affecting Children. . . ., . .. ., . . . .. . . . .
Art. VI. Offenses Against Property. . . . . . . . . . . . . . . . . . .
Supp. No. 16
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1113
1115
1116.1
1116.1
1119
1122
1175
1175
1175
1229
1283
1285
1285
1333
1333
1334
1337
1338
1338
1341
1391
1393
1393
1393
1393
1445
1497
1499
1501
1502
1505
1505
1508
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TABLE OF CONTENTS-Cont'd.
.
Chapter
Art. VII. Offenses Affecting Governmental Functions. .
Art. VIII. Offenses Against Public Peace .. . . . . . . . . . . .
Art. IX. Offenses Against Public Safety. . . . . . . . . . . . . . .
Art. X. Offenses Against Public Morals. . . . . . . . . . . . . . .
Art. XI. Violations, Penalties. . . . . . . . . . . . . . . . . . . . . . . .
Art. XII. Miscellaneous Provisions . . . . . . . . . . . . . . . . . . .
Page
1510
1512
1516
1519
1521
1522
26. Oil and Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1559
Art. I. In General. . .. . . ... . . . . . . . . . . . . " . . . . ... . . . " 1559
Art. II. Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1559
e
27. Parks and Recreation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Park Regulations......... . ............. ... ..
28. Peddlers and Solicitors.. .. . . . . . . . . . ... " . . .. . . . . . . .. . . ..
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Permit ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. III. Operating Regulations. . . . . . . . . . . . . . . . . . . . . .
Art. IV Ice Cream Street Vendor . . . . . . . . . . . . . . . . . . . .
Div. 1. License ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Operating Regulations . . . . . . . . . . . . . . . . . . .
Art. V. Suspension, Revocations, Appeals. . . . . . . . . . . . .
Art. VI. Penalty....................................
29. Planning...............................................
Art. I. In General.. .. . . '" . . . ... . . . . . . . . . . . . . . . . . . . .
Art. II. City Planning Commission...................
Art. III. North Central Regional Planning Commission
30. Police..................................................
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Canine Operations. . . . . . . . . . . . . . . . . . . . . . .
Art. II. Merchant or Private Policeman. . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. License and Permit. . . . . . . . . . . . . . . . . . . . . .
1611
1613
1613
1661
1663
1663
1665
1665
1665
1666
1667
1668
1711
1711
1711
1712
1763
1764.1
1764.1
1764.1
1764.1
1765
31. Public Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1817
32. Sales..................................................
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Going Out of Business Sales.................
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. License .................................
.
33. Secondhand Goods.......................... ....... .....
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Pawnbrokers, Secondhand Dealers and Pre-
cious Metal Dealers .... . . . . . . . . . . . . . . . . . . . . .
Art. III. Junk and Junk Dealers. . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
Supp. No. 16
xiii
1869
1869
1869
1869
1869
1921
1921
1921
1922
1922
1923
SALINA CODE
Chapter
34. Solid Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Refuse and Sanitation. . . . . . . . . . . . . . . . . . . . . . .
Art. III. Private Haulers . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. License ....... . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. IV. Solid Waste Disposal Area. . . . . . . . . . . . . . . . . . .
Art. V. SalinalSaline Solid Waste Management Commit-
tee......................................... .
35. Streets, Sidewalks and Other Public Places...............
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Bench Marks ........................... . . . .
Art. III. Obstructions and Encroachments. . . . . . . . . . . .
Div. 1. Generally .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Obstructing Visibility at Intersections. . . . .
Art. IV. Moving Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Permit..................................
Art. V. Numbering Buildings. .......................
Art. VI. Driveways and Sidewalks . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Permit..................................
Art. VII. Service Pipes and Sewers Ahead of Paving. . .
Art. VIII. Excavations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. IX. Railroad Crossings... . . . ... . . . . .. . . ... .. . . ..
Art. X. Snow and Ice on Sidewalks. . . . . . . . . . . . . . . . . . .
36. Subdivision Regulations. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Application Procedure and Approval Process ..
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Preliminary Plat.... ....... ... ........ ..,
Div. 3. Final Plat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 4. Lot Split Regulations. . . . . . . . . . . . . . . . . . . . .
Art. III. Requirements for Improvements, Reservations
and Design ................................
Art. IV. Specifications for Documents to be Submitted.
37. Taxation...............................................
38. Traffic and Motor Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Miscellaneous Rules. . . . . . . . . . . . . . . . . . . . . . . . .
Art. III. Stopping, Standing and Parking. . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Reserved................................
Div. 3. Inoperable Vehicles . . . . . . . . . . . . . . . . . . . . . .
Art. IV. Parades and Processions .... . . . . . . . . . . . . . . . .
Art. V. Trains and Railroads. . . . . . . . . . . . . . . . . . . . . . . . .
Art. VI. Size, Weight and Load . . . . . . . . . . . . . . . . . . . . . .
Supp. No. 16
xiv
Page
1975
1977
1977
1980
1980
1981
1982
1983
2031
2031
2032
2033
2033
2035
2036
2036
2038
2039
2040
2040
2043
2044.1
2045
2048
2048
2099
2100.1
2106
2106
2107
2108
2109
2110
2118.3
2173
2221
2223
2225
2227
2227
2228.2
2228.2
2230
2230
2231
e
TABLE OF CONTENTS-Cont'd.
.
Chapter Page
Art. VII. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2234
39. Trees and Shrubs............................ ...........
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Tree Advisory Board. . . . . . . . . . . . . . . . . . . . . . . . .
Art. III. Protection of Public Trees... .......... .. ....
Art. IV Duties and Abatement of Nuisances. . . . . . . . . .
Art. V. Street Trees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. VI. Licensing and Regulations .... . . . . . . . . . . . . . .
40. Vehicles For Hire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. Taxicabs.....................................
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Business License ........................
Div. 3. Driver's License ......... . . . . . . . . . . . . . . . .
e
41. Water and Sewers. ....... ..................... .. .......
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Air Conditioning Systems '" . . . . . . . . . . . . .
Div. 3. Water Conservation. . . . . . . . . . . . . . . . . . . . . .
Div. 4. Cross Connections . . . . . . . . . . . . . . . . . . . . . . .
Art. III. Sewers ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. IV Rates and Charges. . . . . . . . . . . . . . . . . . . . . . . . . .
Art. V. Use of Public and Private Sewers and Drains. .
Art. VI. Installation and Connection of Building Sewers
and Drains. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. VII. Discharge Criteria. . . . . . . . . . . . . . .. " . . . . . . .
Art. VIII. Penalties and Violations. . . . . . . . . . . . . . . . . . .
Art. IX. Industrial Pretreatment. . . . . . . . . . . . . . . .. . . . .
42. Zoning Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Amendments................................
Art. III. Districts, Maps and Boundaries. . '" .... ....
Art. IV. General Use Regulations. . " .. . . . " ..... .. ..
Art. V. General Bulk Regulations. . . . . . . . . . . . . . . . . . . .
Art. VI. District Regulations ..... . . . . . . . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. A-I Agricultural District. . " . . . . . . .. . . . . . .
Div. 3. RS Single-Family Residential Suburban Dis-
trict ....................................
Div. 4. R Single-Family Residential District. . . . . .
Div. 5. R-1 Single-Family Residential District. . .. .
Div. 6. R-2 Multiple-Family Residential District. .
Div. 7. R-2.5 Multiple-Family Residential District.
Div. 8. R-3 Multiple-Family Residential District. .
Div. 9. MH Manufactured Home Park District....
Div. 10. U University District . . . . . . . . . . . . . . . . . . .
Div. 11. C-1 Restricted Business District. . . .. . . . .
.
.
Supp. No. 16
xv
2287
2289
2290
2290
2292
2293
2293
2339
2341
2341
2342
2344
2403
2405
2406
2406
2410
2411
2414
2414.4
2414.7
2414.9
2420
2422
2425
2426
2461
2462
2465
2467
2468.1
2474.14
2474.15
2474.15
2474.16
2477
2478
2480
2482
2484
2487
2490
2492.6
2493
SALINA CODE
Chapter
Div. 12. C-2 Neighborhood Shopping District. ....
Div. 13. C-3 Shopping Center District. ...........
Div. 14. C-4 Central Business District. . . . . . .. ....
Div. 15. C-5 Service Commercial District. . . . . . . . .
Div. 16. C-6 Heavy Commercial District. . . . . . . . . .
Div. 16.1. C-7 Highway Commercial District.. ....
Div. 17. 1-1 Industrial Park District..............
Div. 18. 1-2 Light Industrial District. . . . . . . . . . . . .
Div. 19. 1-3 Heavy Industrial District. ., ., .... . . .
Art. VII. Planned Development Districts . . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Rezoning to a Planned Commercial District
Div. 3. Corridor Overlay Districts.. . . . . . . . . .. ., . .
Art. VIII. Flood Plain Zoning District . . . . . . . . . . . . . . . .
Div. 1. Statutory Authorization, Findings of Fact
and purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. General Provisions. . . . . . . . . . . . . . . . . . . . . . .
Div. 3. Development Permit......... . .. ..... .. .,
Div. 4. Establishment of Zoning Districts. . . . . . . . .
Div. 5. Standards for Floodway Overlay District
and the Floodway Fringe Overlay District .
Div. 6. Floodway Fringe (FF) Overlay District . . . .
Div. 7. Floodway (FW) Overlay District. . . . . . . . . . .
Div. 8. Variances ................... . . . . . . . . . . . .
Div. 9. Violations...............................
Div. 10. Amendments...........................
Art. IX. Heritage Conservation District ., . . . . . . . . . . . .
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Heritage Commission . . . . . . . . . . . . . . . . . . . .
Art. X. Signs.......................................
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. District Regulations. . . . . . . . . . . . . . . . . . . . .,
Art. XI. Off-Street Parking and Loading. . . . . .,. .... .,
Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Div. 2. Off-Street Parking.. .., ., . . .., ......... ..
Div. 3. Off-Street Loading.............. ....... ..
Art. XII. Nonconforming Uses, Bulk and Signs..... .,
Art. XIII. Administrative Provisions . . . . . . . . . . . . . . . . .
Art. XIV. Definitions................................
Art. XV. Airport Zoning District . . . . . . . . . . . . . . . . . . . . .
A. Charter Ordinances ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No. 1. Limitation on Tax Levies....... .,. ., . . . ..... .
No.2. Urban Renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No.3. Limitation on Tax Levies....... .., . . .,. ..... .
No.4. Longevity Pay for Fire Department. . . . . . . . . . . .
No.5. Payment Upon Retirement to Certain Members
of the Police and Fire Departments. . . . . . . . . . . .
No.6. Contributions by Officers and Members of the
Fire and police Departments for Retirement Sys-
Supp. No. 16
xvi
Page
2495
2497
2500.1
2502
2506.1
2508.2
2509
2510.3
2513
2516
2516
2522
2524.2
2524.2.2
2524.2.2
2525
2526
2527
2527
2528
2530
2530
2530.1
2530.1
2530.1
2530.1
2540.3
2540.4
2540.4
2540.6.3
2540.11
2540.11
2540.11
2541
2543
2548.1
2553
2574
2869
2870.1
2870.1
2871
2871
2871
e
.
Chapter
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
No.
e
TABLE OF CONTENTS--Cont'd.
tems ............ ..... .......................
7. Investment of Money for Policemen's and
Firemen's Pension Funds. . . . . . . . . . . . . . . . . . . . .
8. Band........................................
9. Limitation on Tax Levies... ..........0.......
10. Cereal Malt Beverage Licenses. . . . . . . . . . . . . . .
11. Licensing of Pawnbrokers. ...............0.0.
12. Licensing of Pawnbrokers. ...................
13. General Improvements . . . . . . . . . . . . . . . . . . . . . .
14. Consumption of Alcoholic Liquor in Public Places
15. Payment Upon Retirement to Certain Members
of the Police and Fire Departments. 0 . . . . . . . . .
16. Special Fund for Paying Utility Costs and Em-
ployee Benefits. . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . .
17. Special Fund for Paying Utility Costs and Em-
ployee Benefits. . . 0 . .. ... . . . . ..0. . . . ..0. . . . . .
18. Municipal Court Costs and Fees. . . . . . . . . . . . 0 .
19. Licensing of Pawnbrokers and Precious Metal
Dealers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 .
20. Fixed Asset Records for Buildings and Land. . .
21. Municipal Court Costs and Fees. ....... ..0. o.
22. Promotion of Tourism and Conventions . . . 0 . . .
23. General Improvements and Issuance of Bonds.
24. Salaries of Members of Governing Bodies . . . . .
25. General Improvements and Issuance of Bonds.
26. Membership of Convention and Tourism Com-
mittee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27. Exempting the City from the Provisions ofKS.A.
13-1017, As Amended........................
28. Exempting the City from the Provisions ofKS.A.
12-868. . 0 . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . .
29. Exempting the City from the Provisions ofKS.A.
13-1024a .. . . . .. . . . . . .. . . . . . . . .. . . . . . . .. . . . .
30. Exempting the City from the Provisions ofKS.A.
12-1008 ....................................
B. Franchises..............................................
Art. I. Kansas Power and Light Company-Electric Fran-
chise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. II. Kansas Power and Light Company-Natural
Gas Franchise ... 0 . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. III. Salina Cable Toy' System. . . . . . . . . . . . . . . . . . . .
Art. IV. Southwestern Bell Telephone Company. . . . . . .
Code Comparative Table-1966 Code.........................
Code Comparative Table-Ordinances . . . . . . . . . . . . . . . . . . . . . . . .
Statutory Reference Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Code Index .............. 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
.
Supp. No. 16
XVII
Page
2872
2872
2872
2872
2873
2874
2875
2875
2876
2877
2877
2877
2879
2879
2880
2880
2881
2882
2883
2884
2885
2886
2886
2887
2888
2959
2959
2960
2961
2987
3489
3495
3547
3577
e
.
e
.
.
Chapter 1
CODE
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
The chapters, articles and sections herein shall
constitute and be designated as the "Salina Code,"
and may be so cited or may be cited "S. C." (Code
1966, ~ 1-1)
State law reference-Compilation, revision and codifica-
tion of ordinances, K.S.A. 12-3014-12-3016.
Sec. 1-2. Definitions and rules of construction.
In the construction of this Code and of all ordi-
nances, the following definitions and rules of con-
struction shall be observed, unless they are in-
consistent with the manifest intent of the board
of commissioners or the context clearly requires
otherwise:
(1) Board of commissioners; city commission;
commission. The phrases "board of commis-
sioners," "city commission," or "commis-
sion" mean the Board of Commissioners of
the City of Salina, Kansas.
(2) Bond. When a bond is required, an under-
taking in writing shall be sufficient.
(3) City. The words "the city" mean the City
of Salina, in the County of Saline, State of
Kansas.
(4) 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; but if the last day is Sunday, that day
shall be excluded.
(5) County. The words "the county" mean the
County of Saline, State of Kansas.
(6) Delegation of authority. Whenever a provi-
sion appears requiring or authorizing the
head of a department or other officer of the
city to do some act or perform some duty, it
shall be construed to authorize such depart-
ment head or officer to designate, delegate
and authorize subordinates to do the required
act or perform the required duty unless the
terms of the provision designates .otherwise.
(7) Gender. Words importing the masculine gen-
der include the feminine and neuter.
(8) In the city. The words "in the city" mean
and include any territory within the corpo-
rate 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, ex-
cept as otherwise specified.
(9) Joint authority. All words giving a joint
authority to three (3) or more persons or
officers shall be construed as giving such
authority to a majority of such persons or
officers.
(10) KS.A. The abbreviation "K.S.A." shall mean
the Kansas Statutes annotated, as amended.
(11) Number. Words used in the singular include
the plural and words used in the plural
include the singular.
(12) Oath. The word "oath" includes an affir-
mation 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 "af-
firm" and "affirmed."
(13) Officer, department, board, commission or
other agency. Reference to any officer, de-
partment, board, commission or other agen-
cy, shall be construed as if followed by the
words "of the City of Salina, Kansas," un-
less otherwise provided. Such references shall
also include any duly authorized repre-
sentative.
(14) Or, and. The word "or" may be read as
"and" and the word "and" as "or," where
the sense requires it.
1
~ )-2
SALINA CODE
(15) Owner. The word "owner" applied to a build-
ing or land, shall include not only the owner
of the whole, but any part owner, joint owner,
tenant in common or joint tenant of the
whole or a part of such building or land.
(16) Person. The word "person" includes a firm,
partnership, association of persons, corpo-
ration, organization or any other group act-
ing as a unit, as well as an individual.
(17) Personal property. The words "personal prop-
erty" include every species of property, ex-
cept real property.
(18) Preceding, following. The words ,"preeeding"
and "following" means next before and next
after, respectively.
(19) Property. The word "property" includes real,
personal and mixed property.
(20) Real property. The words "real property"
include lands, tenements and hereditaments.
(21) 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.
(22) State. The words "the state" mean the State
of Kansas.
(23) Street. The word "street" means and includes
public streets, avenues, boulevards, high-
ways, roads, alleys, lanes, viaducts, brid-
ges and the approaches thereto and all other
public thoroughfares in the city.
(24) Tenant, occupant. 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.
(25) Writing, written. The words "writing" and
"written" include typewriting, printing on
paper and any other mode of representing
words and letters. (Code 1966, ~ 1-2)
State law reference-Rules of statutory construction, K.S.A.
77-201,
Sec. 1-3. Parenthetical and reference matter.
The matter in parentheses at the ends of sec-
tions is for information only and is not a part of
J
the Code. Citations to the 1966 Code (Code 1966)
and to later ordinances indicate only the source
and the text mayor may not be changed by this
Code. This Code is a new enactment under the
provisions of K.S.A. 12-3014 and 12-3015. Refer-
ence matter not in parentheses is for information
only and is not a part of this Code. (Code 1966, ~
1-3)
Sec. 1-4. Catchlines 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 sec-
tions 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. (Code 1966, ~ 1-4)
Sec. 1-5. Certain provisions saved from repeal.
Nothing in this Code or the ordinance adopting
this Code, shall repeal any of the following when
not inconsistent with this Code:
(1) Any offense or act committed or done or
any penalty or forfeiture incurred or any
contract or right established or accruing
before the effective date of this Code;
(2) Any ordinance promising or guaranteeing
the payment of money by or for the city, or
authorizing the issuance of any bonds, notes
or other evidence of the city's indebtedness,
or the cancellation of same;
(3) Any contract or obligation of the city;
(4) Any ordinance relating to the purchase,
condemnation, acquisition or dedication of
property for public use;
(5) Any ordinance dedicating, establishing, open-
ing, reopening, naming, renaming, widen-
ing, narrowing or vacating any street, bou-
levard, avenue, alley, or other public way,
including rights-of-way;
(6) Any ordinance establishing or changing the
grade of any street, avenue, boulevard or
other public way;
(7) Any ordinance authorizing, directing or oth-
erwise relating to any public improvement;
,
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(8)
. (9)
(10)
(11)
(12)
(13)
GENERAL PROVISIONS
~ }.9
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Any ordinance creating districts for public
improvements of any kind or nature;
Any ordinance establishing or changing the
limits of the city or pertaining to annexa-
tions, additions or exclusions;
Any appropriation ordinance or ordinance
relating to the transfer' of funds;
Any ordinance levying general or special
taxes or special assessments;
Any ordinance granting any right, privi-
lege, easement or franchise to any person;
Ordinances prescribing traffic regulations
for specific streets or areas, such as, but
not limited to ordinances designating one-
way streets, through streets, stop intersec-
tions or intersections where traffic is to be
controlled by signals and ordinances pro-
hibiting, restricting, limiting or otherwise
regulating the stopping, standing or park-
ing of vehicles on specific streets or in spe-
cific areas;
(14) Ordinances creating positions or offices and
prescribing salaries;
(15) Charter ordinances;
(16) Any ordinance approving, dedicating, accept-
ing, designating, redesignating or vacating
any plat;
(17) Ordinances amending the zoning map or
zoning or rezoning specific property;
(18) Any joint city~ounty resolution or ordinance;
and all such provisions shall remain in effect as if
set out herein. (Ord. No. 6944, ~ 3, 11-21-66)
.
Sec. 1-6. Amendments to Code; effect of new
ordinances; amendatory language.
(a) All ordinances passed subsequent to this
Code which amend, repeal or in any way affect
this Code, may be numbered in accordance with
the numbering system of this Code and printed
for inclusion herein. In the case of repealed chap-
ters, sections or subsections or any part thereof,
by subsequent ordinances, such repealed portions
may be excluded from the Code by omission from
reprinted pages affected thereby. The subsequent
Supp. No. 1
e
ordinances as numbered and printed or omitted,
in the case of repeal, shall be prima facie evi-
dence of such subsequent ordinances until such
time that this Code and subsequent ordinances
numbered or omitted are readopted as a new Code
of Ordinances.
(b) Amendments to any of the provisions of this
Code shall be made by amending such provisions
by specific reference to the section number of this
Code in the following language: "That section
of the Salina Code, is hereby
amended to read as follows: . . ." The new provi.
sions shall then be set out in full.
(c) If a new section not heretofore existing in
the code is to be added, the following language
shall be used: "That the Salina Code is hereby
amended by adding a section (or article or chap-
ter) to be numbered , which sec-
tion (or article or chapter) reads as follows: . . ."
The new provisions shall then be' set out in full.
(d) All sections, articles, chapters or provisions
desired to be repealed must be specifically repealed
by section, article or chapter number, as the case
may be. (Code 1966, ~ 1-5)
Sec. 1-7. Effect of repeal of ordinances.
(a) The repeal of an ordinance shall not revive
any ordinances in force before or at the time the
ordinance repealed took effect.
(b) The repeal of an ordinance shall not affect
any punishment or penalty incurred before the
repeal took effect, nor any suit, prosecution or
proceeding pending at the time of the repeal, for
an offense committed under the ordinance repealed.
(Code 1966, ~ 1-6)
Sec. 1-8. Conflict of ordinances.
M In any case where a provision of this Code is
found to be in conflict with a provision of any
other provision of this Code, the provision which
establishes the higher standard for the promotion
and protection of the health and safety of the
people shall prevail.
Sec. 1-9. Altering Code.
It shall be unlawful for any person to change or
amend by additions or deletions, any part or por-
3
H-9
SAUNA CODE
tion of this Code, or to insert or delete pages, or
portions thereof, or to alter or tamper with such
Code in any manner whatsoever which will cause
the law of the city to be misrepresented thereby.
(Code 1966, ~ 1-7)
State law reference-Altering a legislative document, K.S.A.
21-3713.
Sec. 1-10. General penalty; continuing vio-
lations.
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 pen-
alty 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 hun-
dred dollars ($500.00), or by imprisonment for a
period of not exceeding six (6) months, or by both
such fine and imprisonment, at the discretion of
the court. Each day any violation of this Code
continues shall constitute a separate offense. (Code
1966, ~ 1-8)
Sec. 1-11. Severability.
If for any reason any chapter, article, section,
subsection, sentence, clause or phrase of this Code
or the application thereof to any person or cir-
cumstances, is declared to be unconstitutional or
invalid or unenforceable, such decision shall not
Supp. No. 1
affect the validity of the remaining portions of
this Code. (Code 1966, ~ 1-9)
Sec. 1-12. Police power extended to city
property.
The police power of the city is hereby extended
to include all lands or property owned or leased
by the city or any agency of the city, including
the city-county building, library and the common
area and parking area adjacent thereto, and the
general ordinances of the city shall be applicable
on such property. (Code 1966, ~ 1-10; Ord. No.
82-8942, ~ 1, 10-25-82)
Sec. 1-13. Fee for permits when not obtained
in time.
Where any permit is required by this Code as a
condition precedent to doing any work or begin-
ning any undertaking, and such work or under-
taking is begun prior to obtaining the permit, the
permit fee shall be doubled; provided, that the
payment of such double fee shall not relieve any
person from complying in full with the require-
ments of this Code, nor shall it bar criminal pros-
ecution. (Code 1966, ~ 1-11)
Sec. 1.14. Holidays.
The legal holidays to be observed by the city
shall be those which have been designated by the
State Legislature of Kansas in K.S.A. 35-107 as
legal public holidays. (Code 1966, ~ 2-58)
[The next page is 55J
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Art. I.
Art. n.
Art. nL
Art. Iv.
Art. V.
Art. VI.
Art. VIL
Art. VIll.
Art. IX.
Art. X.
Art. XL
Art. m.
Art. mI.
Chapter 2
ADMINISTRATION.
In General, U 2-1-2-20
Board of Commissioners (Reserved), ~~ 2-21-2-35
City Manager, U 2-36-2-50
Officers and Employees Generally, U 2-51-2-95
Div. 1. Generally, ~~ 2-51-2-60
Div. 2. Bonds, ~~ 2-61-2-75
Div. 3. Indemnification for Liability, ~~ 2-76-2-95
Administrative Departments, U 2-96-2-135
Div. 1. Generally, U 2-96-2-105
Div. 2. Department of Law, U 2-106-2-120
Div. 3. Department of Public Health, ~~ 2-121-2-135
Board and Commissions, U 2-136-2-160
Div. 1. Generally, U 2-136-2-143
Div. 2. Reserved, ~~ 2-144-2-160
Salina Arts and Humanities Commission, U 2-161-2-169
Public Records, U 2-170--2-179
Salina Bicentennial Center, U 2-180-2-199
Salina Business Improvement District Design Review Board,
U 2-200--2-224
Accessibility Advisory Board, U 2-221i-2-232
Public Improvement Procedures, U 2-233-2-239
Finance, 112-240, 2-241
.Cross references-Ordinances creating positions or offices and prescribing salaries saved from repeal, ~ 1-5(14); airport
authority, ~ 4-16 et seq.; airport zoning commission, ~ 4-31 et seq.; administration and enforcement of animal provisions, ~ 7-16
et seq.; building code advisory and appeals board, ~ 8-16 et seq.; administration and enforcement of electrical code, ~ 8-76 et seq.;
city-county emergency preparedness board, ~ 10-16 et seq.; elections, Ch. 12; equal opportunity and aftIrmative action, Ch. 13;
human relations commission, ~ 13-51 et seq.; firemen's relief association, ~ 14-17 et seq.; city-county board of health, ~ 17-16 et seq.;
administration and enforcement of housing, ~ 18-21 et seq.; housing advisory and appeals board, ~ 18-41; library board, ~ 19-21
et seq.; licenses, Ch. 20; mobile home craftsman board of examiners, ~ 22-55; municipal court, Ch. 23; offenses affecting
governmental functions, ~ 25-111 et seq.; planning, Ch. 29; city planning commission, ~ 29-16 et seq.; North Central Regional
Planning Commission, ~ 29-36 et seq.; police, Ch. 30; public utilities, Ch. 31; heritage commission, ~ 42-471 et seq.; administrative
provisions for zoning, ~ 42-596 et seq.; board of zoning appeals, ~ 42-597; Charter ordinances, App. A.
Supp. No. 12
55
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ADMINISTRATION
~ 2-36
ARTICLE I. IN GENERAL
Sec. 2-1. Seal described.
The seal ofthe city shall be as herein described:
Two (2) centric 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."
(Code 1966, ~ 2-1)
State law references-Authority to have, use and alter a
seal, K.S.A. 12-101; city clerk is keeper of the corporate seal,
K.S.A. 13-2106.
Sec. 2-2. License fees, permit fees and other
user related fees.
(a) The board of commissioners shall deter-
mine, by resolution, all license fees, permit fees
and other user related fees or charges established
by the ordinances of the city. All fees and charges
shall be in such amounts as will adequately
reimburse the city for the services rendered by it
in connection therewith.
(b) The city manager shall annually review all
license fees, permit fees and other user related
fees or charges so as to ensure that the fees
charged adequately reimburse the city for the
services rendered by it. In order to assure an
equitable adjustment, the city manager is autho-
rized and directed to increase or decrease such
license fees, permit fees and other user related
fees or charges in approximately the same propor-
tion to any increase or decrease in the general
fund for the ensuing year.
(Ord. No. 81-8881, ~~ 1, 3, 10-19-81; Ord. No.
94-9648, ~ 1,8-22-94)
Cross reference-Fees to accompany application, ~ 20-4.
Sec. 2-3. Bonds and insurance of contrac-
tors, licensees, etc.
(a) All bonds or insurance for the use, benefit
or protection of the city required to be taken by
the statutes of the state and by the ordinances of
the city or by resolution of the board of commis-
sioners from any person to secure the faithful
performance of any contract with the city, or to
indemnify the city against loss, damage or liabil-
ity growing out of any contract with the city, or
out of the issuance of any license or permit by the
Supp. No. 11
city where a bond or insurance is required, shall
be signed and executed by some company admit-
ted to do business in the state.
(b) All bonds and insurance certificates pro-
vided for in subsection (a) shall be signed and
executed by the party or parties from whom such
bonds or insurance are required in addition to the
sureties on the bonds and the insurers, and ex-
cept where otherwise provided by law the bonds
shall be made to the city.
(c) Except where otherwise expressly provided
to the contrary, all bonds and certificates of insur-
ance herein provided for shall be submitted to and
approved by the city attorney.
(d) All bonds and insurance required by licens-
ees shall expire on the date of expiration of the
license.
(Code 1966, ~~ 2-7-2-9)
Secs. 2-4-2-20. Reserved.
ARTICLE II. BOARD OF
COMMISSIONERS.
Sec. 2-21. Salaries of members of the board
of city commissioners.
Pursuant to Charter Ordinance Number 24,
each member of the board of city commissioners
shall receive compensation in the amount of one
thousand two hundred dollars ($1,200.00) per
year, payable in equal monthly installments.
(Ord. No. 88-9299, ~ 1, 1-9-89)
Secs. 2-22-2-35. Reserved.
ARTICLE III. CITY MANAGERt
Sec. 2-36. Adoption of city manager plan of
government.
The electors of the city adopted the city man-
ager plan of government on February 1, 1921.
.State law reference-Governing board under commis-
sion manager plan, K.S.A. 12-1006 et seq.
tState law reference-City manager plan, K.S.A. 12-
1001 et seq.
57
~ 2-37
SALINA CODE
Secs. 2-37-2-50. Reserved.
ARTICLE Iv. OFFICERS AND
EMPLOYEES GENERALLY
DIVISION 1. GENERALLY
Sec. 2-51. Classified service created.
There is hereby created the classified service of
the city, and all persons employed by the city
except elected officials, persons serving the city as
independent contractors, persons retained by the
city as consultants, part-time employees of part-
time boards and commissions, the city attorney
and assistant city attorneys, the municipal judge,
the city manager and persons employed under
established civil service systems, shall be ap-
pointed, employed and paid under the provisions
of the rules and regulations which may be adopted
as provided in section 2-52.
(Code 1966, ~ 2-61)
Sec. 2-52. Rules and regulations.
Rules and regulations governing appointment
and employment to positions in the classified
service together with salary ranges shall be adopted
and amended by resolution of the board of com-
missioners and shall be on file in the office of the
city manager and city clerk and open to inspection
during regular business hours by any interested
person.
(Code 1966, ~ 2-62)
Secs. 2-53-2-60. Reserved.
DIVISION 2. BONDS
Sec. 2-61. Required before taking office.
No person shall perform any ofthe 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 qualify-
ing for office.
(Code 1966, ~ 2-48)
Supp. No. 11
Sec. 2-62. Bonds to be conditioned as speci-
fied.
The bonds of officers, deputies, assistants and
employees required to give bond shall be condi-
tioned . 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 conditioned for the faithful performance
of duties.
(Code 1966, ~ 2-49)
Sec. 2-63. Amount of bonds; special condi-
tions.
The following officers and employees shall give
bond in the following amounts and conditioned as
stated:
(1) City manager. . . . . . . . . . . . . . .
(2) Director of utilities. . . . . . . . . .
(3) Where one person is city man-
ager and ex officio, director of
utilities, one bond in the sum
of......................... .
(4) Director of finance. . . . . . . . . .
(5) City clerk " . . . . . . . . . . . . . . . .
(6) When one person holds the
offices of director of finance
and city clerk, only one bond
shall be required in the sum of
(7) City treasurer, not less than
fifty thousand dollars
($50,000.00). 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 free and
harmless from all loss caused
by neglect of duty or malfea-
sance in office. The board of
commissioners shall require
the treasurer to give a new
bond whenever, in its opinion,
the existing bond is insuffi-
cient; and whenever such new
bond is required, he shall per-
form no official act until such
58
$5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
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ADMINISTRATION
~ 2-78
bond shall be given and ap-
proved in the manner afore-
said.
(8) Personnel of the city handling
funds. Such bond will be con-
ditioned for the faithful per-
formance of their duties and
for a true and faithful account-
ing for all moneys that may
come into their hands by rea-
son of their position.
(Code 1966, ~ 2-50)
Sec. 2-64. Type of bonds; approval, filing.
The bonds shall be surety company bonds un-
less otherwise provided by the statute or ordi-
nance, shall be approved as to form by the city
attorney and be approved by the board of commis-
sioners and shall be filed with the city clerk,
except that the city clerk's bond shall be filed with
the city treasurer.
(Code 1966, ~ 2-51)
Sec. 2-65. 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 any other reason is not in effect.
(Code 1966, ~ 2-52)
Sec. 2-66. City to pay bond premiums.
The premium of any licensed company on the
bond of any officer, deputy or employee shall be
allowed and paid by the city.
(Code 1966, ~ 2-53)
State law reference-City to pay bond premiums. K.S.A.
78-111.
Sec. 2-67. Affect of provisions on existing
bonds.
The bond of any officer or employee 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.
(Code 1966, S 2-54)
Supp. No. 11
Sees. 2-68-2-75. Reserved.
DIVISION 3. INDEMNIFICATION FOR
LIABILITY
Sec. 2-76. Authority.
The city, in the discretion of the board of com-
missioners, may post security, indemnify and pay
on behalf of each person and the heirs and repre-
sentatives of such person who is or was an elected
official, officer, employee or lawfully appointed
official of the city for any reasonable expense that
may be incurred by such person in connection
with or resulting from any claim, action, suit or
proceeding, civil, criminal, administrative or in-
vestigative, or threat thereof, or in connection
with an appeal relating thereto, in which such
person may become involved as a party or other-
wise, by reason of being or having been an officer,
employee or official of the city. The payment of
such expense shall be supplemental to any ex-
pense incurred by any insurance company under
the company's contractual obligation to the city.
(Code 1966, ~ 2-54.1)
Sec. 2-77. Expense defined.
As used in this division, the term "expense"
includes counsel fees, and other disbursements
made or to be made in the defense of such person
and the payment of judgements, fmes, penalties
or amounts paid in settlement by or on behalf of
such person.
(Code 1966, ~ 2-54.1)
Cross reference--Definitions and rules of construction
generally, ~ 1-2.
Sec. 2-78. Investigation; findings of fact.
The board of commissioners, prior to obligating
the city for such expense shall make or cause to be
made, an investigation of the facts relating to the
claim, action or proceeding against such person.
Thereafter, the board of commissioners, by reso-
lution, shall make findings of fact, a determina-
tion as to whether or not assistance will be
provided, the type thereof and the estimated
amount of expense.
(Code 1966, ~ 2-54.1)
59
t 2-79
SALINA CODE
Sec. 2-79. Requirements for payment of ex-
pense.
In making its findings of fact and determina-
tion the board of commissioners shall not autho-
rize the payment of an expense unless it finds all
of the following:
(1) The claim, action or proceedings arose out
of and in the line of duty or employment of
such person;
(2) The city has a direct interest in the matter
as opposed to a collateral interest;
(3) The officer or employee acted in good faith
and had reasonable cause to believe his
conduct was lawful;
(4) That it would be in the interests of the city
to authorize the payment of such expense.
(Code 1966, ~ 2-54.1)
Sec. 2-80. Revocation of authorization of ex-
pense.
The board of commissioners shall have the
right to terminate and revoke by resolution at any
time any previous resolution authorizing the pay-
ment of an expense without further liability or
obligation to any such officer or employee, or third
parties contracting with such officer or employee.
(Code 1966, ~ 2-54.1)
Sec. 2-81. Majority approval of board re-
quired.
All findings and determinations required by
this division shall be made by a majority of all of
the elected city commissioners.
(Code 1966, ~ 2-54.1)
Sees. 2-82-2-95. Reserved.
ARTICLE ~ ADMINISTRATIVE
DEPARTMENTS.
DIVISION 1. GENERALLY
Sec. 2-96. Creation.
The board of commissioners shall create such
administrative departments as the public busi-
ness may demand.
.State law reference-Creation of administrative depart-
ments, K.S.A. 12-1015.
Supp. No. 11
Sees. 2-97-2-105. Reserved.
DIVISION 2. DEPARTMENT OF LAW
Sec. 2-106. Qualifications of city attorney
and assistants.
No person shall be eligible to the office of city
attorney or assistant city attorney who is not by
profession an attorney at law admitted to practice
before the Supreme Court of the State of Kansas.
(Code 1966, ~~ 2-104, 2-106)
Sec. 2-107. Duties of city 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; pro-
vided, that business and court cases outside of the
county and cases in the district court of the
county except on appeal from the municipal court
in which the city is the appellant, shall not be
considered as duties herein insofar as regular
salary is concerned but the compensation for such
duties shall be on an hourly basis and approved
by the city manager.
(Code 1966, ~ 2-105)
State law reference-Duties of city attorney, K.S.A. 13-
2105.
Sec. 2-108. Duties of assistants.
The assistant city attorneys shall 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.
The city attorney shall assign the duties to the
assistant city attorneys.
(Code 1966, ~~ 2-107, 2-108)
Sees. 2-109-2-120. Reserved.
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ADMINISTRATION
~ 2-164
DIVISION 3. DEPARTMENT OF PUBLIC
HEALTH*
Sec. 2-121. To be prescribed by joint resolu-
tion.
The City of Salina and the County of Saline
having established a joint city-county board of
health, the appointments of the board, officers
and employees, their powers and duties shall be
as prescribed by the joint resolution, bylaws and
duties as prescribed by ordinance.
(Code 1966, ~ 2-125)
Sees. 2-122-2-135. Reserved.
ARTICLE VI. BOARDS AND
COMMISSIONSt
DIVISION 1. GENERALLY
Sees. 2-136-2-143. Reserved.
DIVISION 2. RESERVED:!:
Sees. 2-144-2-160. Reserved.
ARTICLE VII. SALINA ARTS AND
HUMANITIES COMMISSION**
Sec. 2-161. Commission established.
There is hereby established a Salina Arts and
Humanities Commission to identify, explore and
*Cross reference-Health and sanitation, Ch. 17.
tCross references-Airport authority, ~ 4-16 et seq.; air-
port zoning commission, ~ 4-31 et seq.; building code advisory
board, ~ 8-16 et seq.; city-county emergency preparedness
board, ~ 10-16 et seq.; human relations commission, ~ 13-51 et
seq.; firemen's relief association, ~ 14-17 et seq.; city-county
board of health, ~ 17-16 et seq.; housing advisory and appeals
board, ~ 18-41; library board, ~ 19-21 et seq.; mobile home
craftsman board of examiners, ~ 22-55; city planning commis-
sion, ~ 29-16 et seq.; North Central Regional Planning Com-
mission, ~ 29-36 et seq.; heritage commission, ~ 42-471 et seq.;
board of zoning appeals, ~ 42-597.
:j:Editor's note-Section 1 of Ord. No. 91-9442, adopted
May 20, 1991, repealed Art. VI, Div. 2, ~~ 2-144-2-147.
Formerly, Div. 2 pertained to the arts commission and derived
from the Code of 1966, ~~ 2-196-2-199.
**Editor's note-Ord. No. 84-9051, ~~ I, 2, adopted De-
cember 3, 1984, repealed art. VII, ~~ 2-161, 2-162, in its
entirety and replaced it with new provisions. Former !i!i 2-161,
2-162, were concerned with investment of temporary idle
funds and derived from Code 1966, !l 2-187, and Ord. No.
80-8788, !II, adopted April 28. 1980.
Supp. No. 11
develop this area's sense of community, heritage
and vision through the use of artistic and cultural
resources.
(Ord, No. 84-9051, ~ 1, 12-3-84)
Sec. 2-162. Membership; appointment, term.
The said cOII?-mission shall consist of twelve (12)
members, which shall be appointed by the mayor,
with the approval of the board of commissioners.
The initial appointments to the commission shall
be for one, two (2) and three (3) year terms and
thereafter all appointments shall be for a term of
three (3) years and until a successor is qualified;
provided no person shall be appointed for more
than two (2) consecutive full terms.
(Ord. No. 84-9051, ~ 1, 12-3-84; Ord. No. 91-9442,
~ 1, 5-20-91; Ord. No. 94-9643, ~ 1, 8-15-94)
Sec. 2-163. Organization.
The commission shall annually organize and
select the officers as specified in the bylaws. The
commission shall adopt such bylaws as may be
necessary to accomplish the purposes of their
organization, which said bylaws shall be effective
upon adoption by the commission and approval by
the governing body of the city.
(Ord. No. 84-9051, ~ 1, 12-3-84)
Sec. 2-164. Duties and powers.
The commission shall have the following duties
and powers:
(1) To hold regular public meetings and keep a
written record of its proceedings which
shall be public records.
(2) To annually review the financial needs of
the programs for the development of the
fine and performing arts and the humani-
ties, and submit a proposed budget therefor
to the city manager; to make expenditures
in accordance with the annual budget
adopted by the city,
(3) To make application and solicitation for
and accept grants, gifts, and donations of
money, property, or personal services from
individuals, groups, organizations, and the
like or from any agency of the city, county,
state or federal government granted or
61
~ 2-164
SALINA CODE
given for a purpose consistent with the
purposes of this commission and to expend
all funds so received.
(4) To initiate, sponsor or conduct, alone or in
cooperation with other public or private
agencies, public programs to further the
development and public awareness of, and
interest in the fine and performing arts
and the humanities.
(5) To advise and assist the city in connection
with such other artistic and cultural activ-
ities as may be referred to it by the city.
(6) To utilize the services of the director of arts
and its executive secretary and such other
staff as may be made available to it.
(7) To serve as a clearinghouse for scheduling
exhibits, concerts, recitals, lectures and
other cultural events that may occur in the
community.
(8) To generally stimulate, facilitate, coordi-
nate and cooperate with existing organiza-
tions for the development of the arts and
historical tradition of the city and to ini-
tiate programs and proposals of encourage-
ment for promotion development of the
arts, culture, heritage, beauty and tradi-
tion of the city.
(Ord. No. 84-9051, ~ 1, 12-3-84)
Sec. 2-165. Director of arts.
There is hereby created the position of director
of arts of the City of Salina, to be appointed by
and directly responsible to the city manager.
(Ord. No. 84-9051, ~ 1, 12-3-84)
Sees. 2-166-2-169. Reserved.
ARTICLE VIII. PUBLIC RECORDS
Sec. 2-170. Procedures regarding both in-
spection and copying of open pub-
lic records.
The following procedures are hereby adopted
and shall be applied by each official custodian and
record custodian.
(1) Consistent with the policy, duties and pro-
cedures established by the State of Kansas
Supp. No. 11
in K.S.A. 1983 Supp. 45-205:214(L. 1983,
Ch. 171) all city record custodians shall
provide full access and assistance in a
timely and efficient manner to persons who
request access to open public records.
(2) The city manager shall be responsible for
the administration and implementation of
the city's open public records program. The
city manager shall appoint record custodi-
ans in the various departments as neces-
sary. The city manager shall be authorized
to develop administrative procedures to
implement this article within the intent
and spirit of this article. The term "record
custodians," as used in this article shall
include the city manager and any other
record custodians. Record custodians shall
adopt and apply open public record access
and copy procedures consistent with the
policies of the city and with the provisions
of the Open Records Act. Specifically, such
pro-
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ADMINISTRATION
~ 2-170
cedures will inform members of the public
of the procedures to be followed in making
a request for inspection or a copy of an open
public record, including the hours during
which record inspection or copy requests
may be made; who a request is to be- made
to; the forms to be completed in making a
request; and the schedule of fees charged.
(3) Record custodians shall adopt and apply pro-
cedures which will ensure the protection
and preservation of public records with re-
spect to the manner in which such records
are inspected and copied.
(4) Record custodians shall take necessary mea-
sures, not inconsistent with their duties, to
provide full public access to open public
records, to ensure that the essential func-
tions of the custodian's office, department
or agency is not disrupted by requests for
record inspection and copying.
(5) All inspection and copying of open public
records shall be performed by, or under the
supervision of, the record custodian respon-
sible for such records.
(6) All persons requesting the inspection of or
a copy of open public records shall make
such request in writing prior to the request
being honored, except that no form shall be
required for requests made for records
which have been reproduced for free public
distribution.
(7) All record inspection and copying forms are
to be completed by the person requesting
the record. The record custodian may de-
mand reasonable identification of any
person requesting a record.
(8) Any fees for record inspection or for copies
are due at the time the records, or copies
thereof, are provided to the requester, un-
less the record custodian has demanded that
prepayment of all or part of such fees be
made. Fees are to be paid to the record cus-
todian.
(9) The record custodian shall notify the record
requester, prior to commencing search of
the record or copies thereof, of his or her
Supp. No.9
estimate of the fee which will be made for
honoring the request whenever such esti-
mate exceeds ten dollars ($10.00).
(10) The record custodian may demand full or
partial prepayment of fees whenever his or
her estimate for such fees exceeds ten dol-
lars ($10.00). Prepayment mayor may not
be required of a requester who maintains
an account in good standing with the city
for purposes of payment of recent fees.
(11) The record custodian shall determine and
assess a charge covering mailing and han-
dling costs accrued in responding to re-
quests through the mail service.
(12) The record custodian may exercise his or
her discretion to reduce or waive any in-
spection or copying fees when such is in the
public interest.
(13) No record inspection or copying charge shall
be assessed against officers or employees of
the city who make requests which are rea-
sonably necessary to the performance of
their official duties.
(14) Hours for making request for inspection or
copying shall be the regular working hours
maintained by that department; provided,
however, that the regular hours shall not
be greater than 8:00 a.m. to 5:00 p.m.
Monday through Friday. This shall include
all city departments.
(15) Removal of open public records from the
office where kept and maintained, for pur-
poses of inspection and/or the making of
copies shall be permitted only with the
written permission of the record custodian.
It shall be unlawful for any person to fail to
return such records at the time and place
where such return has been promised. Upon
conviction for violation of this subsection, a
person shall be subject to penalties pro-
vided for in Salina Code, section 1-10.
(16) The above procedures, as well as any other
inspection and copying procedures shall be
posted in a conspicuous place in the office
of the record custodian.
(Ord. No. 84-8996, ~ 1, 1-16-84)
63
~ 2-171
SALINA CODE
Sec. 2.171. Procedures regarding inspection
of open public records.
The following procedures are hereby adopted
and shall be applied by every official custodian
and record custodian:
(1) Record custodians shall handle all inspec-
tion requests in accordance with their du-
ties to protect and preserve public records
and to assist persons requesting inspection
of open public records.
(2) All request forms must be completed by the
party requesting the record. In all cases the
party so requesting must be an individual
person or persons. Written requests shall
be made on the form provided by the record
custodian and presented to the record cus-
todian.
(3) A written request is sufficient if it reason-
ably describes the record sought. In in-
stances where the requester cannot provide
sufficient information to identify a record,
the custodian shall assist in making such
identification.
(4) It shall be the policy of the city to promptly
reply to requests for public records and in
no case shall any request be answered later
than the end of the third business day fol-
lowing the date that the request is received.
Business days shall be Monday through
Friday, inclusive, except for city holidays.
(5) In cases where a request for a specific record
gives the record custodian reason to believe
that the record contains information of a
personal nature which, if disclosed, would
constitute an unwarranted invasion of per-
sonal privacy, the record custodian shall in-
form the requester that a seventy-two (72)
hour waiting period must run before such
record may be inspected. During that
seventy-two (72) hour period, the record cus-
todian shall make every reasonable effort
to determine the identity of those persons
whose privacy interest may be so affected
by disclosure. The record custodian shall
attempt to contact such persons and ascer-
tain whether they, or any of them, will seek
a court order challenging disclosure. If so,
Supp. No.9
the record custodian shall deny inspection
pending the outcome of litigation or an in-
tervening court order.
(6) Inspection fee shall be established by reso-
lution adopted by the board of commis-
sioners.
(Ord. No. 84-8996, ~ 1, 1-16-84)
Sec. 2.172. Procedures regarding copies of
open public records.
The following procedures are hereby adopted
and shall be applied by each official custodian and
record custodian:
(1) Record custodians shall handle all copy re-
quests in accordance with their duties to
protect and preserve public records and to
assist persons requesting copies of open
public records.
(2) All request forms must be completed by the
party requesting the copies. In all cases the
party so requesting must be an individual
person or persons. Written requests shall
be made on the form provided by the record
custodian.
(3) Mechanical reproduction of a record shall
not be undertaken when it is the judgment
of the record custodian that any available
means of mechanically reproducing the sub-
ject record is likely to cause damage to such
records.
(4) No copy fee shall be assessed when mul.
tiple copies of the record requested have
been prepared for free public distribution,
or when the record custodian determines
that the cost of charging and handling the
fee exceeds the cost of providing a copy
without charge.
(5) No copying fee will be assessed when a de-
nial of a request is made. The record custo-
dian shall, upon making a denial of a
copying request, forward a copy of the de-
nial to the city manager and the city at-
torney.
(Ord. No. 84-8996, ~ 1, 1-16-84)
Sees. 2-173-2.179. Reserved.
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ADMINISTRATION
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ARTICLE IX. SALINA BICENTENNIAL
CENTER
Sec. 2.180. Rules and regulations for Salina
Bicentennial Center.
(a) The bicentennial center manager is hereby
authorized to adopt and amend such rules and
regulations as may be necessary for the orderly
and proper operation of the bicentennial center
and for the safety and welfare of the general public.
All rules and regulations and amendments thereof
must be approved by the board of commissioners
and filed in the office of the city clerk and the
bicentennial center manager prior to implemen-
tation.
(b) Any person violating any rules and regula-
tions adopted in accordance with subsection (a)
shall be guilty of a misdemeanor and subject to
the penalty provided for in section 1-10 of the
Salina Code.
(Ord. No. 85-9099, ~ 1, 10-7-85)
Sees. 2.181-2.199. Reserved.
ARTICLE X. SALINA BUSINESS
IMPROVEMENT DISTRICT DESIGN
REVIEW BOARD
Sec. 2-200. Created.
By authority of the home rule powers granted
to cities by the Kansas Constitution and consis-
tent with the Kansas Business Improvement Dis-
trict Act, there is hereby created the Design Re-
view Board of the Salina Business Improvement
District Number 1.
(Ord. No. 86-9163, ~ 1, 10-20-86; Ord. No. 91-9471,
~ 1, 10-28-91)
Sec. 2.201. Membership.
The board shall consist of seven (7) members
recommended by the board of directors of Busi-
ness Improvement District Number 1 and ap-
pointed by the mayor with the consent of the gov-
erning body. Membership shall at all times include
Supp. No.9
at least one representative of the following cate-
gories:
(1) Representative of a business within the
Business Improvement District.
(2) Property owner within the Business Im-
provement District.
(3) Design professional.
(Ord. No. 86-9163, ~ 1, 10-20-86)
Sec. 2-202. Appointment and term.
Those persons first appointed as members of the
board shall be appointed for the following terms:
(1) Two (2) members for a term of one year.
(2) Two (2) members for a term of two (2) years.
(3) Three (3) members for a term of three (3)
years.
Upon the expiration of the term of each board
member, subsequent terms shall be for a period of
three (3) years. Any vacancy occurring among the
membership of the board shall be filled by appoint-
ment of the mayor with the consent of the gov-
erning body.
(Ord. No. 86-9163, ~ 1, 10-20-86)
Sec. 2-203. Compensation.
The members of the board shall serve without
compensation.
(Ord. No. 86-9163, ~ 1, 10-20-86)
Sec. 2-204. Officers.
The officers of the board shall be chair, vice-
chair and secretary. The chair and vice-chair shall
be elected at the annual meeting and shall serve
for a term of one (1) year, or until their successors
are elected. The chair shall appoint a secretary.
The secretary need not be a member of the board,
and shall serve at the pleasure of the chair. No
person shall be eligible to hold the office of chair
or vice-chair for more than two (2) full, consecu-
tive one-year terms.
(Ord. No. 86-9163, ~ 1, 10-20-86; Ord. No. 91-9471,
~ 2, 10-28-91)
65
~ 2-205
SALINA CODE
Sec. 2-205. Quorum.
A simple majority of the members of the board
appointed and qualified at any given time shall
constitute a quorum for the purpose of conducting
the board's business.
(Ord. No. 86-9163, ~ 1, 10-20-86; Ord. No. 91-9471,
~ 3, 10-28-91)
Sec. 2-206. Purpose.
The purpose of the board shall be:
(1) To advise and make recommendations to
the board of city commissioners or Busi-
ness Improvement District Number 1 board
of advisors on such matters as, from time to
time, may be referred to the board.
(2) To protect and enhance the exterior appear-
ance of property located within Business
Improvement District Number 1 by regu-
lating, according to proper architectural
principles, the design, use of materials, fin-
ished grade lines, and orientation of new
building construction and the alteration,
improvement, repair, or demolition of ex-
isting buildings through the issuance of cer-
tificates of compatibility when proposed
plans and specifications warrant.
(3) Issue notice of decision on signage and other
matters referred by other duly constituted
city boards, commissions, and committees.
(Ord. No. 86-9163, ~ 1, 10-20-86; Ord. No. 88-9298,
~ 1, 1-9-89; Ord. No. 91-9471, ~ 4, 10-28-91)
Sec. 2.207. Certificate of compatibility.
(a) No building, sign or demolition permit shall
be issued for work to be performed on property
included within Business Improvement District
Number 1 without first obtaining a certificate of
compatibility.
(b) An application for a certificate of compati-
bility must include the following submittals:
(1) A site plan depicting buildings, sidewalks
and alleys, parking, landscaping and out-
side lighting.
(2) An elevation sketch of proposed new and/or
altered exterior walls.
Supp. No.9
(3) A description of the type, color and texture
of exterior finish materials and appropriate
samples.
(4) Colored photographs of subject building ex.
posures, including adjoining buildings.
(c) Projects having a dollar value of less than
one thousand dollars ($1,000.00) and not involving
the alteration of exterior structural elements shall
be exempt from the requirement of a certificate of
compatibility.
(d) In the event of an emergency situation, the
chief building official may authorize emergency
repairs to a property without the issuance of a
certificate of compatibility.
(Ord. No. 86-9163, ~ 1, 10-20-86; Ord. No. 88-9298,
* 2, 1-9-89)
Sec. 2.208. Authorization and findings.
Any application for a building permit which re-
lates to property included within Business Im-
provement District Number 1 shall, in conjunc-
tion with the standard building permit review
process, be referred by the city's chief building
official to the board. The board is hereby autho-
rized to grant any applicant a certificate of com-
patibility if, upon the vote of a majority of all
members of the board, the following findings can
be made:
(1) The general design, material and color of
the proposed construction or change pre-
sents an aesthetically pleasing overall
image.
(2) Environmentally harmful effects caused by
the clash of contemporary materials with
those of older origin, are avoided.
(3) The distinguishing original qualities or
character of a building, structure or site
and its environment are not to be destroyed
and the removal or alteration of any histor-
ical material or distinctive architectural fea-
tures is avoided where possible.
(4) The proposed use of banners, awnings, or
canopies incorporates the use of appropriate
materials, colors and graphics, and is com-
patible with the overall building design.
66
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ADMINISTRATION
~ 2-226
(5) Any proposed demolition includes appropri-
ate grading and landscaping of the building
site in a manner compatible with the ad-
joining buildings and streetscape.
(Ord. No. 86-9163, ~ 1, 10-20-86)
Sec. 2-209. Public hearing.
(a) The board shall hold a public hearing on
each application at a reasonable time and place as
determined by the board. It shall hold such hear-
ing within fourteen (14) days from the date upon
which the application is referred to the board by
the city's chief building official. The applicant
may waive the requirement that such hearing be
held within fourteen (14) days.
(b) No less than seven (7) days prior to the
public hearing, notice of the date, time and place
of the hearing and a statement regarding the
nature of the proposed application shall be posted
on the subject property and mailed by first class
mail to the local news media and the record
owners of the property immediately adjacent to
the subject property.
(c) The hearing on the application shall be
conducted and a record of the proceedings shall be
preserved in such a manner and according to such
procedures as the board may prescribe by its own
rule. Any interested person or party may appear
and be heard at the hearing in person, by agent or
by attorney. The board may request a report on
any proposed application from any governmental
official or agency, or any other person, firm or
corporation. If such a report is made, a copy shall
be made available to the applicant and any other
interested person in the office of the city's chief
building official.
(Ord. No. 86-9163, ~ 1, 10-20-86; Ord. No. 88-
9298, ~ 3, 1-9-89)
Sec. 2-210. Appeal.
Any applicant may appeal a decision of the
board to the board of city commissioners. Such
appeal must be filed with the city clerk on a form
provided by that office no later than thirty (30)
days following the board's decision.
(Ord. No. 86-9163, ~ 1, 10-20-86)
Supp. No. 11
Sec. 2-211. Hearing and notice on appeal.
Upon the filing of an appeal, the matter shall be
set for consideration at the earliest regularly
scheduled meeting of the board of city commis-
sioners that will allow notice of such consider-
ation in the same manner as set forth in section
2-209.
(Ord. No. 86-9163, ~ 1, 10-20-86)
Sec. 2-212. Decision on appeal.
Upon consideration of the appeal by the board
of city commissioners, by a majority vote of all
members, they may:
(1) Grant the certificate of compatibility;
(2) Affirm the board's denial of the certificate
of compatibility; or
(3) Refer the matter to the board for further
consideration with or without specific in-
struction.
(Ord. No. 86-9163, ~ 1, 10-20-86)
Sees. 2-213-2-224. Reserved.
ARTICLE XI. ACCESSmILITY ADVISORY
BOARD
Sec. 2-225. Creation of board.
There is hereby created the accessibility advi-
sory board (hereafter referred to as "the board").
(Ord. No. 89-9361, ~ 1, 11-20-89)
Sec. 2-226. Membership.
The board shall consist of nine (9) members
appointed by the mayor, with the consent of the
governing body. Membership shall at all times
include no less than five (5) members with a
disability. Those with experience in working with
the disabled and those with expertise in accessi-
bility issues will be given preference for appoint-
ment.
(Ord. No. 89-9361, ~ 1, 11-20-89)
67
~ 2-227
Sec. 2-227. Appointment and term.
Those persons first appointed as members of
the board shall be appointed for the following
terms:
(1) Three (3) members for a term of one (1)
year.
(2) Three (3) members for a term of two (2)
years.
(3) Three (3) members for a term of three (3)
years.
Upon expiration of the term of each board mem-
ber, subsequent terms shall be for a period of
three (3) years. Any vacancy occurring among the
membership of the board shall be filled by appoint-
ment of the mayor with the consent of the govern-
ing body, by resolution.
(Ord. No. 89-9361, ~ 1, 11-20-89)
Sec. 2-228. Compensation.
The members of the board shall serve without
compensation.
(Ord. No. 89-9361, ~ 1, 11-20-89)
Sec. 2-229. Meetings.
The board shall meet at least quarterly and at
other times when necessary.
(Ord. No. 89-9361, ~ 1, 11-20-89)
Sec. 2.230. Officers.
The board shall elect one (1) of its members as
chairman for the term of one (1) year. The chair-
man shall preside at all meetings of the board.
The board shall elect, in the same manner and for
the same term, one (1) of its members as vice-
chairman, who shall act as chairman in the ab-
sence of the chairman. The board shall elect, in
the same manner and for the same term, one (1)
of its members as recorder, who shall keep the
official transactions of the board.
(Ord. No. 89-9361, ~ 1, 11-20-89)
Sec. 2-231. Quorum.
Five (5) members ofthe board shall constitute a
quorum for the purpose of conducting the board's
business.
(Ord. No. 89-9361, ~ 1, 11-20-89)
Supp. No. 11
SALINA CODE
Sec. 2-232. Purpose.
The plU'pose of the board shall be:
(1) To advise and make recommendations to
the board of commissioners on such mat-
ters related to accessibility as, from time to
time, may be referred to the board.
(2) To evaluate projects and activities, both
public and private, and to advise city staff
on matters related to accessibility.
(3) To provide technical assistance to the city
on matters related to the disabled popula-
tion.
(4) To review city plans for projects prior to
implementation.
(5) To serve as advocates for citizens with
disabilities.
(6) To serve as resources on policy and/or pro-
cedure for members of the board of commis-
sioners and for city staff.
(7) To review federal and state regulations and
guidelines on accessibility and to report its
findings to the appropriate city depart-
ment, division or body.
(Ord. No. 89-9361, ~ 1, 11-20-89)
ARTICLE XII. PUBLIC IMPROVEMENT
PROCEDURES
Sec. 2-233. Policy statement.
In order to provide greater flexibility and clar-
ity in the city's procedures in contracting for
services related to public improvements, the city
has, by Charter Ordinance Number 27, exempted
itself from K.S.A. 13-1017. In the interests of
assuring quality workmanship at the least public
cost and providing a system which promotes fair
competition between qualified private contrac-
tors, the city wishes to adopt this statement of its
policies and procedures in contracting for services
relating to construction, addition, substantial al-
teration, repair and maintenance of public im-
provements.
(Ord. No. 95-9699, ~ 1, 8-7-95)
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ADMINISTRATION
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Sec. 2-234. Definitions.
.
Whenever used in this article, the following
terms shall be defined as follows:
(1) Addition shall mean a part added or joined
to a main structure.
(2) Competitive practices shall mean the pro-
cess whereby potential contractors are
considered and a contract entered into
upon the authority of the city manager on
the basis of experience, expertise, cost
proposals, availability, or any other rele-
vant factors in the public interest.
(3) Maintenance shall mean to prevent a de-
cline, lapse or cessation from an existing
state or condition.
(4) New construction shall mean the creation
of something new, as distinguished from
the repair or improvement of something
already existing.
(5) Public emergency shall mean any circum-
stance in which, in the opinion of the city
manager, an imminent threat to the pub-
lic health, safety, or welfare can be abated
only by immediately contracting with a
private contractor for either new construc-
tion, reconstruction, or repair of a public
improvement.
(6) Public improvement shall mean any city-
owned building, facility, grounds, park,
sidewalk, curb, gutter, bridge, pavement,
water or sanitary sewer system compo-
nent, or storm drainage system compo-
nent.
(7) Repair shall mean to restore to a sound or
good state after decay, injury, dilapida-
tion, or partial destruction.
(8) Sealed bid process shall mean the process
whereby, under the authority of the gov-
erning body, (a) a detailed estimate of the
cost of a public improvement project is
made by the city engineer or his designee;
(b) sealed proposals for the project are
invited by advertisement published in the
official city newspaper; and (c) the govern-
ing body lets the work for the project to
the responsible bidder submitting the low-
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Supp. No. 13
est and best bid, taking into consideration
any factors relevant to furtherance of the
public interest and reserving the right to
reject any and all bids for any lawful
reason.
(9) Substantial alteration shall mean a mate-
rial change of a thing from one form or
state to another, thus making it different
from what it was without destroying its
identity.
(Ord. No. 95-9699, ~ 1, 8-7-95)
Sec. 2-235. Process for new construction, ad-
dition or substantial alteration.
Alteration of a public improvement to satisfy
requirements governing accessibility for persons
with disabilities shall be accomplished by use of
competitive practices. In the case of new construc-
tion, an addition, or other substantial alteration
to a public improvement with an estimated cost:
(1) Of ten thousand dollars ($10,000.00) or
less, the city shall utilize competitive prac-
tices in the awarding of a contract.
(2) In excess of ten thousand dollars
($10,000.00), the city shall utilize a sealed
bid process in the awarding of a contract.
If all bids exceed the engineer's estimate,
the city manager shall provide a report to
the governing body citing reasons why the
bids exceed the engineer's estimate. The
governing body may award the contract
notwithstanding the fact it exceeds the
engineer's estimate based upon a finding
that such an award is in the public inter-
est and that adequate funds are available
to complete the project.
(Ord. No. 95-9699, ~ 1, 8-7-95)
Sec. 2-236. Process for maintenance and re-
pairs.
In the case of repairs to and maintenance of
public improvements, the city shall utilize com-
petitive practices in the awarding of a contract
within budget. If the proposed contract for repairs
or maintenance exceeds budget, the city manager
shall provide a report to the governing body citing
the reasons why the proposed contracts exceeds
69
~ 2-236
SALINA CODE
budget. The governing body may award the con-
tract based upon a finding that such an award is
in the best public interest and that adequate
funds are available. Nothing herein shall prevent
the city from using a sealed bid process for signif-
icant repairs and maintenance projects.
(Ord. No. 95-9699, ~ 1,8-7-95)
Sec. 2-237. Change orders.
(a) Project contingency. For each contract
awarded by the governing body, the governing
body shall establish, and may amend from time to
time, a project contingency based upon the size
and scope of the project. The city manager may
authorize change orders within the amount of the
contingencY which are not prompted by a change
in the size or scope of the project. The city
manager shall make a monthly report to the
governing body of any change orders authorized
within any project contingency.
(b) Change in size or overall scope. Any pro-
posed change orders which are prompted by a
proposed change in size or overall scope of the
project shall require advance approval of the
governing body.
(Ord. No. 95-9699, ~ 1,8-7-95)
Sec. 2-238. Public emergency.
In cases of public emergency, the city manager
may enter into contracts for construction, recon-
struction or repair to public improvements on an
expedited basis necessary to protect the public
health and safety. When emergencY contract pro-
visions are used, at the next regular meeting of
the board of city commissioners, the city manager
shall provide a preliminary report on the emer-
gency, actions taken, and an estimated cost. A
final report will be provided by the city manager
once the emergency project is complete and all
costs known.
(Ord. No. 95-699, ~ 1,8-7-95)
Sec. 2-239. Reporting requirements.
The city manager shall make regular reports to
the board of city commissioners outlining all
maintenance, repair, accessibility, alterations, or
other contracts in excess of ten thousand dollars
($10,000.00) entered into using competitive prac-
tices.
(Ord. No. 95-9699, ~ 1, 8-7-95)
ARTICLE XIII. FINANCE
Sec. 2-240. Petty cash funds.
Petty cash funds are authorized and established for use as follows:
DEPARTMENT AMOUNT RESPONSIBLE PARTY
Finance $ 125.00 City accountant
Recreation 150.00 Park & recreation director
Water customer accounting 450.00 Customer accounting supervisor
Police-Chiefs officer 300.00 Police chief
Police-Evidence officer 300.00 Police chief
Bicentennial center 1,000.00 Bicentennial center manager
Fire department-EMS 375.00 Fire chief
Fire department 100.00 Fire chief
Engineering/planning 50.00 Engineering director & planning director
(Ord. No. 97-9791, ~ 1,3-3-97; Ord. No. 97-9848, ~ 1, 12-22-97)
Supp. No. 13
70
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ADMINISTRATION
Sec. 2-241. Change funds.
Change funds are authorized and established for use as follows:
DEPARTMENT
AMOUNT
$ 75.00
225.00
50.00
300.00
250.00
100.00
120.00
500.00
Finance
Solid waste
Recreation
Golf course
Water customer accounting
Police-Records bUreau
Municipal court
Bicentennial Center
(Ord. No. 97-9791, ~ 1, 3-3-97)
Supp. No. 12
RESPONSIBLE PARTY
City accountant
General services director
Park & recreation director
Park & recreation director
Customer accounting supervisor
Police chief
Court supervisor
Bicentennial Center manager
71
~ 2-241
[The next page is 111)
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ADVERTISING.
Chapter 3
Sec. 3-1. Distributing matter in or attaching
to motor vehicles.
It shall be unlawful for any person, as principal
or agent, to place or cause to be placed, any hand-
bills, circulars, cards, posters, leaflets, pamphlets,
booklets, showbills or other advertising matter
in, or attach the same upon any part of any motor
vehicle, while such motor vehicle is in use upon
the streets or standing parked upon the streets or
public parking lots of the city; provided, that this
section shall not be construed to prevent the offi-
cers or employees of the city from so doing for any
municipal purpose; and provided further, that this
section shall not be construed to include regular
advertising done in public conveyances. (Code 1966,
~ 3-1)
Cross reference-Traffic and motor vehicles, Ch. 38.
Sec. 3-2. Throwing, scattering on private
property.
It shall be unlawful for any person, as principal
or agent, to throw or scatter any handbills, circu-
lars, posters, cards, leaflets, pamphlets, booklets,
or any other advertising matter upon any yard,
stoop or porch; provided, this section shall not
apply to newspapers, magazines, or periodicals
for which the occupant of the premises has re-
quested such delivery. (Code 1966, ~ 3-2)
Sec. 3-3. Posting on utility poles, public or
private property.
(a) Offenses. It shall be unlawful for any person
to put up, attach or post any signs, bills, dodgers,
advertisements or notices of any kind or charac-
ter, of any material whatsoever, upon any tele-
phone, telegraph, electric light pole, or upon any
pole erected for the purpose of carrying the wires
of any public utility, or upon any lamppost, hitch-
ing post, hydrant, drinking fountain, sidewalk,
bridge or fence or building any of which may be
located or situated in any street or alley or other
public ground within the city; or upon any house,
building, fence or structure of any kind upon any
private ground within the city, except by the con-
sent of the owner thereof.
(b) Removal Any sign, bill, dodger, advertise-
ment 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.
(c) Exceptions. 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 advertisements at places
required or designated by law or by ordinance.
(Code 1966, ~ 3-3)
Cross reference-Public utilities, Ch. 31.
State law reference-Posting of political pictures and po-
litical advertisements, K.S.A. 21-3739.
Sec. 3-4. Damaging, defacing lawfully posted
advertising.
It shall be unlawful for any person to tear down,
deface, mutilate, obscure or otherwise injure any
written or printed posted or handbill or other
advertisement which shall have been lawfully post-
ed, nailed or otherwise posted for a lawful pur-
pose within the city. (Code 1966, ~ 3-4)
Sec. 3-5. Loudspeakers and sound trucks-
License required.
It shall be unlawful for any person to conduct,
pursue, carry on or operate the calling, trade or
occupation of advertising or announcing by means
of any loudspeaker, radio or phonograph device,
either in or attached to any automobile or other
vehicle operated on the streets of the city or from
any stationary location on private property by
which the sound of such advertisement or an-
nouncements, either in the form of music, voice
or otherwise by any of the means aforesaid, is
.Cross reference-Sign code, ~ 8-381 et seq.
State law reference-Highway advertising control act, K.S.A. 68-2231 et seq.
111
53-5
SAUNA CODE
projected into any public street, for the purpose of
calling attention to persons in such public street
or elsewhere the advertisement or announcement
projected from or by means of any such device,
without obtaining a license from the city clerk.
The license fee shall be as prescribed in section
2-2. (Code 1966, U 3-5, 3-6)
Cross reference-Licenses generally, Ch. 20.
Sec. 3-6. Same-Prohibited hours.
It shall be unlawful for any person to use or
operate any device as mentioned in section 3-5,
within the city at any time after the hour of 9:00
p.m. and earlier than the hour of 8:00 a.m. in any
day, and no iicense issued under the provisions of
section 3-5 shall be deemed to permit the use
thereof during any of the time when such use is
prohibited by the provisions of this section. (Code
1966, ~ 3-7)
[The next page is 163J
112
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Chapter 4
AIRPORT.
Art.
Art.
Art.
I. In General, n 4-1-4-115
II. Airport Authority, AA 4-16-4-30
m. Airport Zonin, Commission, ~~ 4-31-4-33
.Editor's note-Formerly, Ch. 4 contained provisions pertaining to airport zoning designated as Art. N, !}!} 4-46-4-56, derived
from Ord. No. 7039,!}~ 1-11, adopted Jan. 29,1968. Such provisions were repealed by Ord. No. 92-9534, ~ 2, adopted Sept. 21,1992,
and current provisions pertaining to such'subject matter are set out at !} 42-815 et seq.
Cross references-Airport zoning, ~ 42-815 et seq.; streets, sidewalks and other public places, Ch. 35.
State law reference-Aircraft and airfields, K.S.A Ch. 3.
Supp. No. 10
163
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ARTICLE I. IN GENERAL
Sec. 4.1. Police power extended over airport.
(a) The police power of the city is hereby ex-
tended to include all territory of the municipal
airport.
(b) The lands included in the municipal airport
shall be deemed to be a part of the corporate limits
of the city.
(c) All general ordinances of the city are hereby
declared to be applicable to the airport.
(Code 1966, ~ 5-4)
Sees. 4.2-4.15. Reserved.
ARTICLE n. AIRPORT AUTHORITY.
Sec. 4.16. Created.
The city, pursuant to the authority granted by
Kansas Statutes Annotated, Ch. 27, Art. 3, does
hereby establish and create an authority to be
known as the "Salina Airport Authority."
(Code 1966, ~ 5-1)
Sec. 4.17. Board of directors.
The airport authority hereby created shall be
managed and controlled by a board of directors
consisting of five (5) directors to be appointed by
the board of commissioners.
(Code 1966, ~ 5-2)
Sec. 4.18. Authority subject to statutes.
The airport authority hereby created shall have
all those powers enumerated and be subject to all
provisions of Kansas Statutes Annotated, Ch. 27,
Art. 3.
(Code 1966, ~ 5-3)
Sec. 4.19. Rules and regulations.
(a) The airport authority is hereby authorized
to adopt and amend such rules and regUlations as
.Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
State law reference-Surplus property and public airport
authority act, K.S.A 27-315 et seq.
Supp. No. 10
AIRPORT
~ 4-33
may be necessary for the orderly operation of the
Salina Municipal Airport, which rules and regu-
lations and amendments thereof, after approval
of the board of commissioners, shall be filed in the
offices of the city clerk, airport manager and air-
port authority.
(b) Any person violating any of the rules and
regulations adopted in accordance with subsec.
tion (a) shall be guilty of a misdemeanor.
. (Code 1966, ~~ 5-5, 5.6)
Sees. 4.20-4-30. Reserved.
ARTICLE III. AIRPORT
ZONING COMMISSIONt
Sec. 4.31. Created.
There is hereby created a commission to be
known as the Salina Airport Zoning Commission.
(Code 1966, ~ 5.7)
Sec. 4.32. Membership.
The airport zoning commission shall consist of
all of the members of the city planning commis.
sion as created in accordance with article II of
chapter 29; and that appointment by the board of
commissioners to the city plannin~ commission
shall automatically constitute appointment to the
airport zoning commission for the same term as
provided for in article II of chapter 29.
(Code 1966, ~ 5-8)
Sec. 4.33. Duties.
The airport zoning commission shall have such
powers and duties as specified and provided for in
the airport zoning act of the state the same being
Article 7 of Chapter 3 of the Kansas Statutes An-
notated and amendments thereto.
(Code 1966, ~ 5-9)
Note-See the editor's footnote to the chapter title.
tCross references-Administration, Ch. 2; boards and com.
missions generally, ~ 2-136 et seq.
State law reference-Authority for airport zoning commis-
sion, K.S.A 3-705(2).
[The next page is 219]
165
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Chapter 5
ALCOHOLIC BEVERAGES.
Art. I. In General, n 5-1--5-15
Art. D. Alcoholic Liquor, ~~ 5-16-5.65
Div. 1. Generally, ~~ 5-16-5-35
Div. 2. Retailer's License, ~~ 5-36--5-50
Div. 3. Distributor's License, ~~ 5-51-5-65
Art. ID. Cereal Malt Beverages, n 5-6~-115
Div. 1. Generally, ~~ 5-66-5-90
Div. 2. Retailer's License, ~~ 5-91-5-115
Art. Iv. Private Clubs and Drinking Establishments, ~~ 5-11~150
Div. 1. Generally, ~~ 5-11~-135
Div. 2. License, U 5-136--5-146
Div. 3. Drinking Establishments, U 5-147-5-150
.Cross reference-Alcoholic offenses affecting children, ~ 25-81 et seq.
State law reference-Intoxicating liquors and beverages generally, K.S.A. Ch. 41.
Supp. No. 11
219
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ALCOHOLIC BEVERAGES
~ 5-16
ARTICLE I. IN GENERAL
Sec. 5-1. Purchase or consumption of alco-
holic beverage by minor; penalty.
(a) Except with regard to serving of alcoholic
liquor or cereal malt beverage as permitted by
state law, no person under twenty-one (21) years
of age shall possess, consume, obtain, purchase,
or attempt to obtain or purchase alcoholic liquor
or cereal malt beverage except as authorized by
law. .
(b) For a violation of this section by a person
eighteen (18) or more years of age but less than
twenty-one (21) years of age there shall be a
minimum fine of two hundred dollars ($200.00).
(c) In addition to any other penalty provided
for a violation of this section, the court may order
the offender to do either or both of the following:
(1) Perform forty (40) hours of public service;
or
(2) Attend and satisfactorily complete a suit-
able educational or training program deal-
ing with the effects of alcohol or other
chemical substance when ingested by hu-
mans.
(d) This section shall not apply to the posses-
sion and consumption of cereal malt beverage by
a person under the legal age for consumption of
cereal malt beverage when such possession and
consumption is permitted and supervised, and
such beverage is furnished, by the person's parent
or legal guardian.
(Ord. No. 94-9641, ~ 1, 8-1-94)
Sees. 5-2-5-15. Reserved.
Supp. No. 11
ARTICLE ll. ALCOHOLIC UQUOR*
DIVISION 1. GENERALLY
Sec. 5-16. Definitions.
As used in this article, unless the context clearly
requires otherwise, the following words and phrases
shall have the meanings ascribed to them in this
section:
(1) Alcohol means the product of distillation of
any fermented liquor, whether rectified or
diluted, whatever the origin thereof, and
includes synthetic ethyl alcohol, but does
not include denatured alcohol or wood al-
cohol.
(2) Alcoholic liquor means alcohol, spirits, wine,
beer, 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-
tenths (3.2) percent alcohol by weight.
(3) Beer, when its meaning is not enlarged,
modified or limited by other words, means
a beverage, containing more than three
and two-tenths (3.2) percent alcohol by
weight, obtained by alcoholic fermentation
of an infusion or concoction of barley, or
other grain, malt and hops in water and
includes beer, ale, stout, lager beer, porter
and similar beverages having such alco-
holic content.
(4) Distributor means the person importing or
causing to be imported into the state, or
purchasing or causing to be purchased
within the state, alcoholic liquor for sale or
resale to retailers under the provisions of
the Kansas Liquor Control Act, being K.S.A.
Chapter 41, Articles 1 through 11.
(5) Manufacture means to distill, rectify, fer-
ment, brew, make, mix, concoct, process,
blend, bottle or fill an original package
.Cross reference-Consumption of alcoholic liquor in
public places, App. A, Charter ord. No. 14.
221
~ 5-16
SALINA CODE
with any alcoholic liquor, or with beer re-
gardless of its alcoholic content and in-
cludes blending.
(6) Manufacturer means every brewer,
fermenter, distiller, rectifier, wine maker,
blender, processor, bottler or person who
fills or refills an original package and oth-
ers engaged in brewing, fermenting, distill-
ing, rectifying or bottling alcoholic liquors
as above defmed or beer regardless of its
alcoholic content.
(7) Minor means any person under twenty-one
(21) years of age.
(8) Nonbeverage user means every manufac-
turer of any of the products set forth and
described in K.S.A. 41-501, when the same
contains alcohol or wine, and alllaborato-
ries using alcohol for nonbeverage pur-
poses.
(9) Original package means any bottle, flask,
jug, can, cask, barrel, keg, hogshead or
other receptacle or container whatsoever,
used, corked or capped, sealed and labeled
by the manufacturer of alcoholic liquor, to
contain and to convey any alcoholic liquor.
(10) Retailer means a person who sells at retail,
or offers for sale at retail, alcoholic liquors.
(11) Sale means any transfer, exchange or bar-
ter in any manner or by any means what-
soever for a consideration nd includes all
sales made by any person, whether princi-
pal, proprietor, agent, servant or employee.
(12) Sell at retail and sale at retail refer to and
mean sales for use or consumption and not
for resale in any form and sales to clubs
licensed pursuant to article 26 of chapter
41 of the Kansas Statutes Annotated. "Sell
at retail" and "sale at retail" do not refer to
or mean sales by a club licensed pursuant
to article 26 of chapter 41 of the Kansas
Statutes Annotated.
(13) Spirits means any beverage which contains
alcohol obtained by distillation, mixed with
water or other substance in solution, and
includes brandy, rum, whiskey, gin or other
spirituous liquors, and such liquors when
rectified, blended or otherwise mixed with
alcohol or other substances.
Supp. No. 11
(14) 7h sell includes to solicit or receive an order
for, to keep or expose for sale and to keep
with intent to sell.
(15) Wine means any alcoholic beverage ob-
tained by the normal alcoholic fermenta-
tion of the juice of sound, ripe grapes, fruits
or berries, or other agricultural products,
including such beverages containing added
alcohol or spirits or containing sugar added
for the purpose of correcting natural defi-
ciencies.
(Code 1966, ~ 6-1)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
State law reference--Similar definitions, K.S.A. 41-102.
Sec. 5-17. General prohibition; exceptions.
(a) No person shall manufacture, bottle, blend,
sell, barter, transport, deliver, furnish or possess
any alcoholic liquor for beverage purposes, except
as specifically provided in this article and the
Kansas Liquor Control Act, except that nothing
contained therein shall prevent:
(1) The possession and transportation of alco-
holic liquor for the personal use of the
possessor, his or her family and guests
except that the provisions of K.S.A. 41-
1103 relating to transportation and the
provisions of K.S.A. 41-407 shall be appli-
cable to all persons;
(2) The making of wine, cider, or beer by a
person from fruits, vegetables or grains, or
the product thereof, by simple fermenta-
tion and without distillation, if it is made
solely for the use of the maker and his or
her family;
(3) Any duly licensed practicing physician or
dentist from possessing or using alcoholic
liquor in the strict practice of his or her
profession;
(4) Any hospital or other institution caring for
the sick and diseased persons, from pos-
sessing and using alcoholic liquor for the
treatment of bona fide patients of such
hospital or institution;
(5) Any drugstore employing a licensed phar-
macist from possessing and using alcoholic
liquor in the compounding of prescriptions
of duly licensed physicians;
222
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ALCOHOLIC BEVERAGES
(6) The possession and dispension of wine by
an authorized representative of any church
for the purpose of conducting any bona
fide rite or religious ceremony conducted
by such church; or
(7) The purchase, possession or sale of alco-
holic liquor by a club licensed pursuant to
K.S.A. article 26 of chapter 41.
(b) None of the provisions of this article shall
apply:
(1) To flavoring extracts, sYrUps, or medici-
nal, mechanical, scientific, culinary or toi-
let preparations, or food products unfit for
beverage purposes, but the provisions of
this article shall not be construed to ex-
clude or not apply to alcoholic liquor used
in the manufacture, preparation or com-
pounding of such preparations and prod-
ucts;
(2) The wine intended for use and used by
any church or religious organization for
sacramental purposes;
(3) To the manufacture of denatured alcohol
produced in accordance with acts of con-
gress and regulations promulgated there-
under.
(Code 1966, ~~ 6-2, 6-24)
State law reference-Similar provisions, KS.A 41-104,
41-105.
Sec. 5-18. Days, hours when retail sale pro-
hibited.
No person shall sell at retail any alcoholic
liquor within the corporate limits of the city:
(1) On the first day of the week, commonly
called Sunday;
(2) On Decoration or Memorial Day, Indepen-
dence Day, Labor Day, Thanksgiving Day
and Christmas Day;
(3) Before 9:00 a.m. or after 10:00 p.m. on any
day when sale is permitted.
(Code 1966, ~ 6-4; Ord. No. 94-9661, ~ 1, 10-24-94)
State law reference-Similar provisions, K.S.A. 41-712.
Sec. 5-19. Mixing drinks on retailer's prem-
ises prohibited.
It shall be unlawful for a retailer of alcoholic
liquor to permit any person to mix drinks on or in
the licensed premises.
(Code 1966, ~ 6-8)
State law reference-Similar provisions, K.S.A. 41-713.
Supp. No. 12
~ 5-22
Sec. 5-20. Employment of certain persons
by retailers prohibited.
(a) It shall be unlawful for a retailer of alco-
holic liquor to employ any person under age of
twenty-one (21) years in connection with the
operation of such retail establishment.
(b) It shall be unlawful for a retailer of alco-
holic liquor to employ any person in connection
with the operation of such retail establishment
who has been adjudged guilty of a felony.
(Code 1966, ~~ 6-9, 6-10)
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, KS.A 41-713.
Sec. 5-21. Sale of liquor to incapacitated or
intoxicated person; penalties.
(a) No person shall knowingly sell, give away,
dispose of, exchange or deliver, or permit the sale,
gift or procuring of any alcoholic liquor to or for
any person who is an incapacitated person, or any
person who is physically or mentally incapaci-
tated by the consumption of such liquor.
(b) Violation of this section is a misdemeanor
punishable by a fine of not less than one hundred
dollars ($100.00) and not exceeding two hundred
fifty dollars ($250.00) or imprisonment not exceed-
ing thirty (30) days, or both.
(Code 1966, ~~ 6-12-6-16; Ord. No. 94-9641, ~ 2,
8-1-94)
Sec. 5-22. Sale to be only in original pack-
ages.
No person, except a manufacturer, distributor
or wholesaler shall fill or refill, in whole or in
part, any original package of alcoholic liquor with
the same or any other kind or quality of alcoholic
liquor; and it shall be unlawful for any person to
have in his possession for sale at retail any
bottles, cask or other containers containing alco-
holic liquor, except in original packages.
(Code 1966, ~ 6-17)
State law reference-Similar provisions, KS.A. 41-718.
223
~ 5-23
SALINA CODE
Sec. 5-23. Possession, transportation regu-
lated.
Subject to the limitations hereinafter provided,
the possession and transportation of alcoholic
liquor for personal use only shall be legal:
(1) Transporting. It shan be unlawful for any
person to transport in any vehicle upon a
public highway, street or alley, within the
corporate limits of the city, 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 is
in the locked rear trunk or rear compart-
ment, or any locked outside compartment
which is 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 pun-
ished by a fine of not more than two
hundred dollars ($200.00), or by impris-
onment for not more than six (6) months
or by both such fine and imprisonment.
(2) Possessing. It shan be unlawful for any
person to have in his possession any cask
or package of alcoholic liquor without hav-
ing thereon each mark and stamp re-
quired by the Kansas Liquor Control Act,
being KS.A. Chapter 41, Articles 1 through
11; provided, that nothing herein con-
tained shall apply to the possession and
transportation of alcoholic liquors by any
manufacturer, wholesaler, distributor, re-
tailer, non-beverage user or common car-
rier operating pursuant to the provisions
of the Kansas Liquor Control Act, being
KS.A. Chapter 41, Articles 1 through 11,
or to the possession and transportation of
wine imported solely for use by any church
or religious organization for sacramental
purposes and uses.
(Code 1966, ~ 6-21)
Cross reference-Traffic and motor vehicles, Ch. 38.
State law reference-Similar provisions, K.S.A. 41-407,
41-804.
Supp. No. 12
Sec. 5-24. Consumption in public places.
The offense of consuming alcoholic liquor in
public places is covered in Charter ordinance no.
14.
(Code 1966, ~ 6-22)
Cross reference-Consumption of cereal malt beverages
in public streets, ~ 5-68; streets, sidewalks and other public
places, Ch. 35; Charter ordinance No. 14, App. A.
State law reference-Similar provisions KS.A. 41-719.
Sec. 5-25. Consumption in the Salina Bicen-
tennial Center, the Salina Commu-
nity Theatre, the Smoky Hill Mu-
seum and Memorial Hall.
It shall be lawful to drink, or consume alcoholic
liquor within the confines of the Salina Bicenten-
nial Center, located in Kenwood Park, the Salina
Community Theatre, located at 303 East Iron
Avenue, the Smoky Hill Museum, located at 211
West Iron Avenue, and the portion of Memorial
Hall leased to Community Access Television of
Salina, located at 410 W. Ash, at such times and
in such places as approved by the rules and
regulations adopted for the operation of the Salina
Bicentennial Center, the Salina Community The-
atre, the Smoky Hill Museum and that portion of
Memorial Hall leased to Community Access Tele-
vision of Salina, respectively.
(Code 1966, ~ 6-25; Ord. No. 88-9259, ~ 1,6-27-88;
Ord. No. 95-9706, ~ 1,9-25-95; Ord. No. 96-9767,
~ 1, 11-18-96)
Sec. 5-26. Open saloons prohibited.
It shall be unlawful for any person to own,
maintain, operate or conduct either directly or
indirectly, an open saloon, within the corporate
limits of the city. For the purposes of this section
the words "open saloon" means 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 ofless than two hundred (200) milliliters
(6.8 fluid ounces) or sold or offered or kept for sale
for consumption on the premises where sold, but
does not include any club licensed pursuant to
KS.A. article 26 of chapter 41. Any person violat-
ing the provisions of this section shan be deemed
224
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ALCOHOLIC BEVERAGES
~ 5-35
.
guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine of not more
than five hundred dollars ($500.00) and by im-
prisonment for not more than ninety (90) days.
(Code 1966, ~ 6-23)
State law reference-Similar provisions, K.S.A 41-803.
Sees. 5-27-5-35. Reserved.
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Supp. No. 12
224.1
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ALCOHOLIC BEVERAGES
~ 5-53
DMSION 2. RETAILER'S LICENSE*
.
Sec. 5-36. State retailer's license required.
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 Con-
trol Act, being KS.A. Chapter 41, Articles 1
through 11.
(Code 1966, ~ 6-4)
e
Sec. 5-37. State retailer's license prerequi.
site to city license.
A holder of a license for the retail sale of
alcoholic liquors by the package in the city, issued
by the state director of alcoholic beverage control,
shall present such license when applying to pay
the license tax levied in section 5-38 and the tax
shall be received and receipt issued for the period
covered by the state license by the city clerk.
(Code 1966, ~ 6-5)
Sec. 5.38. Retailer's license tax levied.
There is hereby levied an annual occupation or
license tax on each retailer of alcoholic liquor
(including beer containing more than three and
two-tenths (3.2) percent of alcohol by weight) for
consumption off the premises (sales in the origi-
nal package only) in the sum of three hundred
dollars ($300.00) in the city, 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 an original state license
and within ten (10) days after any renewal of a
state license.
(Code 1966, ~ 6-3)
State law reference-Authority to levy retailer's license
tax, K.S.A. 41-310.
Sec. 5-39. Penalty for failure to have city
retailer's license.
.
Any person having a state license to retail
alcoholic liquor by the package who shall fail to
pay the license tax levied by section 5-38 and
within the time prescribed shall, upon conviction
e
.Cross reference-Licenses generally, Ch. 20.
State law reference-Licensing of alcoholic liquor, K.S.A.
Supp. No. 13
thereof, be fined not more than one hundred
dollars ($100.00) for each day's violation; pro-
vided, that nothing herein shall be construed to
prohibit the city from collecting the occupation
tax by any procedure authorized by law.
(Code 1966, ~ 6-6)
Sees. 5-40-5-50. Reserved.
DMSION 3. DISTRIBUTOR'S LICENSEt
Sec. 5-51. State distributor's license prereq-
uisite to city 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
5-52 and the tax shall be received and a receipt
issued for the period covered by the state license.
(Code 1966, ~ 6-19)
Sec. 5-52. Distributor's license tax levied.
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 ($1,250.00), with premises situated within
the corporate limits of the city, which distributor
has a distributor's license issued by the state
director of alcoholic beverage control, and the 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 bev-
erage control.
(Code 1966, ~ 6-18)
Sec. 5-53. Penalty for violations by distrib-
utors.
Any firm, copartnership, association or corpo-
ration 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 provi-
sion of this article shall, upon conviction thereof,
tCross reference-Licenses generally, Ch. 20.
State law reference-Licensing of alcoholic liquor, K.S.A.
41-301 et seq.
224.3
~ 5-53
SALINA CODE
be fined not more than one hundred dollars
($100.00) for each day's violation; provided, that
nothing herein shall be construed to prohibit the
city from collecting the license tax by any proce-
dure authorized by law.
(Code 1966, ~ 6-20)
Sees. 5-54-5-65. Reserved.
ARTICLE III. CEREAL MALT
BEVERAGES.
DIVISION 1. GENERALLY
Sec. 5-66. Definitions.
As used in this article, the words and phrases
herein defined shall have the following meanings
unless the context otherwise requires:
(1) Cereal malt beverages means any fer-
mented but undistilled liquor brewed or
made from malt or from a mixture of
malt/or malt substitute, but does not in-
clude any such liquor which is more than
three and two-tenths (3.2) percent alcohol
by weight.
(2) Licensee is a person who has a license as
herein required.
(3) Place of business shall mean any place at
which cereal malt beverages are sold.
(4) Retailer means any person who sells or
offers for sale any cereal malt beverage
for use or consumption and not for resale
in any form.
(5) Wholesaler or Distributor shall mean in-
dividuals, firms, copartnerships, corpora-
tions and associations which well or offer
for sale any beverage referred to in this
article, to persons, copartnerships, corpo-
rations and associations authorized by
this article to sell cereal malt beverages at
retail.
.Cross reference-Cereal malt beverage licenses, App. A,
Charter ord. no. 10.
State law reference-Cereal malt beverages, K.S.A. 41-
2701 et seq.
Supp. No. 13
(6) Legal age for consumption of cereal malt
beverage shall be nineteen (19) for any
person born before July 1, 1966 and twenty-
one (21) for any person born after July 1,
1966.
(Code 1966, ~ 6-35; Ord. No. 85-9087, ~ 1,8-12-85)
Cross referenc_Definitions and rules of construction
generally, ~ 1-2.
State law referen~imilar definitions, K.S.A 41-
2701.
Sec. 5-67. Hours, days, sales and consump-
tion prohibited.
No cereal malt beverages may be sold, or may
be consumed in any licensed premises open to the
public, between the hours of 12:00 midnight and
6:00 a.m. or on Sunday.
(Code 1966, ~ 6-48; Ord. No. 94-9661, ~ 2, 10-24-
94)
State law referenc-Similar provisions, K.S.A 41-2704.
Sec. 5-68. Consuming in public streets.
Within the corporate limits of the city, it shall
be unlawful to drink or consume cereal malt
beverages upon the public streets, alleys, road-
ways or highways, or inside any vehicle while
upon the public streets, alleys, roads or highways.
(Code 1966, ~ 6-49)
Cross reference-Consumption of alcoholic liquor in
public places, ~ 5-24; streets, sidewalks and other public
places, Ch. 35.
Sec. 5-69. Place of business to be open to
public and police.
A place of business in which cereal malt bever-
ages are sold shall be open to the public and to the
police at all times during business hours; pro-
vided that a premises licensed as a club under a
license issued by the state director of alcoholic
beverage control need only be open to the police.
(Code 1966, ~ 6-51)
State law referenc-Similar provisions, K.S.A 41-2704.
224.4
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ALCOHOLIC BEVERAGES
~ 5-70
.
Sec. 5-70. Possessing alcoholic liquor in
premises.
No person shall have any alcoholic liquor in his
possession while in a place of business where
cereal malt beverages are sold unless the prem-
ises are currently licensed as a club.
(Code 1966, ~ 6-52)
State law reference-Similar provisions, K.S.A 41-2704.
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Supp. No. 13
225
e
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ALCOHOLIC BEVERAGES
~ 5-78
Sec. 5-71. Furnishing to persons under le-
gal age.
No person shall, knowingly or unknowingly,
sell, give away, dispose of, exchange and/or de-
liver, or permit the sale, giving away, or procuring
of any cereal malt beverage for or to any person
under the legal age for consumption of cereal malt
beverages.
(Code 1966, ~ 6-53; Ord. No. 85-9087, ~ 2, 8-12-85;
Ord. No. 85-9098, ~ 1,9-23-85)
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, KS.A. 41-2074.
Sec. 5-72. Misrepresenting age.
No person under the legal age for consumption
of cereal malt beverage shall represent that he or
she is of said age for the purpose of asking for,
purchasing or obtaining by any means any cereal
malt beverage from any person.
(Code 1966, ~ 6-54; Ord. No. 85-9087, ~ 3, 8-12-85)
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, KS.A. 41-2704.
Sec. 5-72.1. Reserved.
Editor's note-Ord. No. 94-9641, ~ 3, adopted Aug. I,
1994, repealed ~ 5-72.1, pertaining to possession of a cereal
malt beverage by a person under legal age for consumption as
derived from Ord. No. 85-9098, ~ 2, adopted Sept. 23, 1985.
Sec. 5-73. Loitering by persons under legal
age.
No person under the legal age for consumption
of cereal malt beverage shall enter into or loiter
about any place of business selling cereal malt
beverages; such restrictions shall not apply to the
premises of a retailer who sells cereal malt bev-
erages for consumption offhis premises only, or to
places where the major income is from the sale of
food for consumption on the premises, or a prem-
ise for which a bowling alley license has been
issued by the city for the current year, or the
Salina Bicentennial Center.
(Code 1966, ~ 6-53; Ord. No. 85-9087, ~ 4, 8-12-85)
Cross reference-Minors generally, Ch. 21.
Sec. 5-74. Committing act that is grounds
for revocation prohibited.
It is hereby made unlawful for any person to
commit any act which is made a cause for the
revocation of any license under this article.
(Code 1966, ~ 6-57)
Supp. No. 11
Sec. 5-75. Intoxication and disorderly con-
duct.
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 per-
mit 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 the 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.
(Code 1966, ~ 6-63)
Sec. 5-76. Licensee responsible for acts of
employees.
Every person to whom any license is issued
under this article shall be responsible for the acts
and conduct of all persons engaged in managing,
conducting or carrying on such licensed business
and for the acts and conduct of all employees
engaged in carrying on such business and the
violation by any such persons shall be deemed the
act of the licensee for all of the purposes of this
article.
(Code 1966, ~ 6-65)
Sec. 5-77. General cleanliness and sanita-
tion.
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 such business place
who is not in good health or who is afflicted with
or suffering from any infectious or contagious
disease.
(Code 1966, ~ 6-66)
Sec. 5-78. Inspection of premises.
All premises where any business is conducted
under any license issued pursuant to this article
226.1
~ 5-78
shall be open for inspection by police officers of
the city 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,
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 pertain-
ing to the same which may be required by any
such officer.
(Code 1966, ~ 6-62)
Sec. 5-79. Samples for analysis.
Every licensee shall, upon demand of any police
officer or any other officer of the city, furnish to
any such officer without compensation at least
two (2) samples of each and every kind of charac-
ter 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.
(Code 1966, ~ 6-60)
Sec. 5-80. Wholesalers, distributors to be li-
censed by state.
It shall be unlawful for any wholesaler or
distributor, his or its agents or employees, to sell
or deliver cereal malt beverages within this city to
persons authorized under this article to sell the
same within the city unless such wholesaler or
distributor has first secured a license from the
director of revenue of the state authorizing such
sales.
(Code 1966, ~ 6-68)
Sec. 5-81. Restrictions as to brewers, manu-
facturers, distributors, agents and
wholesalers.
(a) It shall be unlawful for any brewer or
brewers to sell, deliver or distribute cereal malt
beverages or malt products in the state except to
a licensed wholesaler of such.
(b) (1) Except as provided in paragraph (2) of
this subsection (b), no manufacturer,
distributor, agent or wholesaler shall:
a. Directly or indirectly sell, supply, fur-
nish, give, pay for, loan or lease any
Supp. No. 11
SALINA CODE
furnishings, fixture or equipment on
the premises of a place of business of a
retailer;
b. Directly or indirectly pay for any
retailer's license or advance, furnish,
lend or give money for payment of such
license;
c. Purchase or become the owner of any
note, mortgage or other evidence of
indebtedness of a retailer or any form
of security therefor;
d. Directly. or indirectly be interested in
the ownership, conduct or operation of
the business of any retailers; or
e. Be directly or indirectly interested in
or owner, part owner, lessee or lessor of
any premises upon which cereal malt
beverages are sold at retail.
(2) A distributor, agent or wholesaler may sell
tapping and dispensing equipment, as de-
fmed by rules and regulations adopted by
the secretary of revenue, at not less than
the cost paid for such equipment by the
distributor, agent or wholesaler. The terms
of any such sale shall comply with the
provisions of K.S.A. 41-2706. Such sales
shall not be subject to any repurchase
agreement.
(c) No manufacturer, distributor or wholesaler
shall, directly or indirectly or through a subsid-
iary or affiliate, or by any officer, director or firm
of such manufacturer, distributor or wholesaler,
furnish, give, lend or rent any interior decorations
other than signs, costing in the aggregate more
than one hundred dollars ($100.00) in anyone
calendar year for use in or about or in connection
with anyone establishment on which products of
the manufacturer, distributor or wholesaler are
sold.
(d) No person engaged in the business of man-
ufacturing, distributing or wholesaling cereal malt
beverages shall, directly or indirectly, pay for or
advance, furnish or lend money for the payment
of any license for another.
(e) Any licensee who shall permit or assent, or
be a party in any way to any violation or infringe-
ment of the provisions of this section, shall be
226.2
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ALCOHOLIC BEVERAGES
~ 5-81
deemed guilty of a violation of this act, and any
money loaned contrary to a provision of this
article shall not be recovered back, or any note,
mortgage or other evidence of indebtedness, or
security, or any lease or contract obtained or made
contrary to this article shall be unenforceable and
void.
(0 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
and no wholesaler or distributor shall sell any
cereal malt beverage to any retailer located out-
side the geographic area designated in the
wholesaler's or distributor's application for a li-
cense pursuant to K.S.A. 79-3837, and any amend-
ments thereto, except that if any wholesaler or
distributor shall refuse to sell any cereal malt
beverage or provide service in connection there-
with to any retailer located within such wholesaler's
or distributor's geographic territory, it shall be
lawful for any other wholesaler or distributor to
sell any such cereal malt beverage to such re-
tailer.
(g) (1) Except as provided in paragraph (2) of
this subsection (g), no brewer or brew-
eries shall directly or indirectly or
through a subsidiary or affiliate, or by
any officer, director or firm of such
brewer or breweries:
a. Furnish, give or lend money for the
payment of any license for any whole-
saler for the payment of any
Supp. No. 11
226.3
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ALCOHOLIC BEVERAGES
*5-92
license for any wholesaler in the
state;
b. Have or own any financial inter-
est directly or indirectly in the
ownership, conduct or operation of
the business of any wholesaler in
the s1' te;
c. Be diI ~ctly or indirectly interested
in or owner, part owner, lessee or
lessor of any premises upon which
cereal malt beverages are sold at
wholesale; or
d. Engage in the wholesale distribu-
tion of cereal malt beverages or
malt products in the state.
(2) Nothing herein shall be construed to
prohibit brewers from making sale and
deliveries of cereal malt beverages or
malt products to licensed wholesalers
in the state or to a branch, subsidiary
or affiliate located in the state, from
which, on or before January 14, 1947,
it had been dispensing at wholesale
cereal malt beverage or malt products
and for which it holds, directly or indi-
rectly, a license and pays a license tax
as provided for in K.S.A. 79-3837 and
any amendments thereto.
(h) Nothing contained in this section shall make
it unlawful for any person to be a member of a
club licensed as such by the director of alcoholic
beverage control nor shall membership in such a
club by any person constitute a disqualification of .
any, person for any license under this article. (Code
1966, ~ 6-67)
State law reference-Similar provisions, K.S.A. 41.2705.
Sees. 5-82-5-90. Reserved.
DIVISION 2. RETAILER'S LICENSE*
Sec. 5-91. Required.
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,
as herein provided and a person having only a
license to sell at retail cereal malt beverages as a
.Cross reference-Licenses generally, Ch. 20.
State law reference-Retailers' licenses, K.S.A. 41-2702.
Supp. No.2
retailer for consumption off the premises as des-
ignated in this article shall not sell any such
beverage in any other manner, and a persOn hav-
ing only a license to sell cereal malt beverages as
a general retailer shall not sell any such bever-
age in any other manner than that covered by
such license; provided, that a general retailer may
also secure a license as a retailer for consumption
off the premises on complying with the require-
ments of this article and securing an additional
license as a retailer for consumption off the prem-
ises. (Code 1966, ~ 6-36)
Sec. 5-92. Application.
(a) Any person desiring a retail license shall
make application to the board of commissioners
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 at-
torney general of the state and shall contain such
information as the board of commissioners may
require which shall include the following:
i(1) The name and residence of the applicant and
how long he has resided within the state;
(2) The particular place for which a license is de-
sired;
(3) The name of the owner of the premises upon
which the place of business is located;
(4) 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 turpi-
tude, drunkenness, driving a motor vehicle
while under the influence of intoxicating li-
quor or the violation of any other intoxicat-
ing liquor law of any state or of the United
States.
(b) Each 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
(25) percent of the corporation's stock, and of the
manager of such business, containing the same
information as hereinabove required of an indi-
2Z1
~ 5-92
SALINA CODE
vidual applicant, aud 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. (Code 1966, ~
6-39)
State law reference-3imilar provisions. K.S.A. 41.2702.
Sec. 5-93. Fees.
(a) License fees under this division shall be pre-
scribed in section 2-2.
(b) The full amount of the retail license fee
shall be required regardless of the time of the
year in which the application for a license here-
under is made and the licensee shall only be au-
thorized to operate under the license for the re-
mainder of the calendar year in which the license
is issued. (Code 1966, ~ ~ 6-37, 6-38)
Cross reference-Authority to establish license fees. App.
A. Charter ord. no. 10.
State law reference-Authority for license fees, K.S.A.
41-2702.
Sec. 5-94. Persons not entitled to retail li-
cense.
No retail license required by this division shall
be issued to:
(1) Residency. A person who is not a resident of
the county and who has not been a resident
in good faith of the State of Kansas for at
least one (1) year prior to the application and
a resident of the county for at least six (6)
months prior to the application.
(2) Good character and reputation. A person who
is not of good character and reputation in the
community in which he resides;
(3) Citizenship. A person who is not a citizen of
the United States;
(4) Criminal record. A person who within two (2)
years immediately preceding the date of mak-
ing application has been convicted of a felo-
ny, any crime involving moral turpitude,
drunkenness, driving a motor vehicle while
under the influence of intoxicating liquor, or
Supp. No. 2
violation of any other intoxicating liquor law
of any state or of the United States;
(5) Partnership. A partnership, unless one of the
partners is a resident of the county, and un-
less all the members of such partnership
shall otherwise be qualified to obtain a li-
cense;
(6) Corporation. A corporation, if any manager,
officer or director thereof or any stockholder
owning in the aggregate more than twenty-
five (25) percent of the stock of such corpora-
tion, would be ineligible to receive a license
hereunder for any reason other than citizen-
ship and residency requirements;
(7) Manager or agent. A person whose place of
business is conducted by a manager or agent
unless the manager or agent possesses the
same qualifications required by the licensee.
(Code 1966, ~ 6-42)
State law reference-Similar provisions, K.S.A. 41-2703.
Sec. 5.95. Prohibited in prohibited zone.
No retail license shall be issued for a place of
business located or to be located in a zone where
such place of business is prohibited under the
zoning ordinance. (Code 1966, * 6-43)
Sec. 5.96. Examination; investigation; is-
suance.
If the application for a retail license is in the
proper form and is accompanied by cash in the
amount of the license fee, the approval of the
zoning official, the health department and the
chief of police, the city clerk shall approve the
license and issue a retail license to the applicant.
After approving the application the city clerk shall
advise the board of commissioners of the action
taken on the application. (Code 1966, ~ ~ 6-40,
6-41; Ord. No. 83-8981, ~ 1, 11-14-83)
State law reference-Similar provisions, K.S.A. 41-2703.
Sec. 5-97. Journal to show action on retail
license application.
The journal of the board of commissioners shall
show the action taken on an application for a
retail license hereunder. (Code 1966, ~ 6-44)
228
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ALCOHOLIC BEVERAGES
Sec. 5-98. Application constitutes accept-
ance of regulations.
Every person shall by his application for a li-
cense under this division and by the acceptance
thereof when issued, be deemed to have specific-
ally 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 relating
to and regulating any such business and the man-
ner of sale of any such beverages. (Code 1966, ~
6-64)
Sec. 5-99. Transferability.
(a) The retail license required by this division
shall not be transferable under any circumstances
from one person to another or from or to any firm,
copartnership, corporation or association.
(b) The retail license required by this division
shall apply only to the premises described in the
application and in the license issued thereon, and
only one location shall be so described in each
license; After such retail license has been granted
for a particular premises, the license may not be
transferred by the same licensee from one loca-
tion to another until the city clerk shall upon
being authorized by the board of commissioners
endorse upon the license permission to transfer
the same to another location, but in order to ob-
tain such permission the retail licensee shall file
an application for retail license, which shall be
subject to examination and investigation the same
as if it were a new application and a statement
under oath which shall show that the premises to
which removal is to be made comply in all re-
spects with the requirements of this act. No such
removal shall be made by any licensee until his
license has been endorsed to that effect by the
city clerk.
(c) A retail license to sell cereal malt beverages
shall be purely a personal privilege, expiring on
the thirty-first day of December in the year is-
sued, unless sooner suspended or revoked, as in
this act provided, and shall not constitute proper-
ty, nor shall it be subject to attachment, garnish-
ment, or execution, nor shall it be alienable or
transferable, voluntarily or involuntarily, except
as stated in subsections (a) and (b) above, or
Supp. No. ..
~ 5-102
subject to being encumbered or hypothecated. Such
license shall not descend by the laws of testate or
interstate succession, but it shall cease or expire
upon the death of the licensee.
(d) Whenever an application is made for a re-
tail license to be issued to a particular premise
upon which there is a current valid license, the
current retail license shall be delivered to the
city clerk and the city clerk shall cancel the same
upon the records of the city as of the date of
issuance of the new license. (Code 1966, ~ 6-45)
Sec. 5.100. Posting.
The retail license required by this division shall
be kept posted in a conspicuous place in the place
of business. (Code 1966, ~ 6-46)
Sec. 5-101. Contents of retail license.
The license shall state the name of the licensee,
the location of the place of business for which the
license is issued and the calendar year for which
it is issued, and that it is subject to revocation in
the manner provided by law and by this division.
(Code 1966, ~ 6-47)
Sec. 5-102. Revocation; notice; grounds.
The board of commissioners, upon five (5) days'
notice to persons holding any such license, shall
revoke such licenses for anyone of the following
reasons:
(1) If a licensee has fraudulently obtained the
license by giving false information in the
application therefor;
(2) If the licensee has violated any of the pro-
visions ofK.S.A. Chapter 41, Article 27, or
of this article or any other ordinance of the
city prescribing rules or regulations relat-
ing to cereal malt beverages as herein
defined;
(3) If the licensee has become ineligible to ob-
tain a license;
(4) Drunkenness of the person holding such
license or permitting an intoxicated person
to remain in such place;
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85-102
SALINA CODE
(5) The sale of cereal malt beverages to per-
sons under the legal age for consumption of
cereal malt beverages.
(6) The nonpayment of any license fees;
(7) For permitting any gambling in or upon
such premises;
(8) For permitting any person to mix drinks
with materials purchased in such place of
business or brought in for this purpose, pro-
vided that this provision shall not apply if
such place of business or premises are also
currently licensed as a club;
(9) For the employment of any person below
the legal age for consumption of cereal malt
beverages, except that a person eighteen
(18) years or older may be employed in a
capacity in which said employee may dis-
pense and sell cereal malt beverages if:
a. The place of business is licensed only
to sell cereal malt beverages in origi-
nal and unopened containers and not
for consumption on the premises; or
b. The place of business is a licensed food
service establishment, as defined by
Kansas Statutes Annotated 36-501 and
amendments thereto, and not less than
fifty (50) percent of the gross receipts
from the licensee's place of business is
derived from the sale of food for con-
sumption on the premises.
(10) For the employment of persons who have
been adjudged guilty of felony or of any
violation of the intoxicating liquor law;
(11) For purchasing or displaying a federal re-
tail liquor tax stamp, expiring after June
30, 1937, issued by the United States Trea-
sury Department, except where issued for
industrial, mechanical, scientific and me-
dicinal purposes;
(12) If any licensee whose principal business is
the sale of cereal malt beverage or "tap
beer" shall permit persons under the legal
age for consuming cereal malt beverage to
loiter in his place of business;
Supp. No.4
(13) For the licensee to fail to display in a promi-
nent place at or near the entrances to his
place of business signs stating that no per-
son under the legal age for consumption of
cereal malt beverage shall be permitted on
the premises.
(14) For the sale or possession of or for permit-
ting any person to use or consume upon or
in the premises alcoholic liquor as defined
by the laws of the state relating thereto,
provided that this provision shall not apply
if such place of business or premises are
also currently licensed as a club. (Code 1966,
~ 6-56; Ord. No. 85-9087, ~ 5, 8-12-85)
State law reference-Similar provisions, K.S.A. 41.2708.
Sec. 5-103. Appeal from revocation.
Within twenty (20) days after the order of the
board of commissioners revoking or suspending
any license, the licensee may appeal to the dis-
trict court of the county, and the district court
shall proceed to hear such appeal as though such
court had original jurisdiction of the matter. Any
appeal taken from an order revoking or suspend-
ing any such license shall not suspend the order
of revocation or suspension during the pendency
of the appeal. (Code 1966, ~ 6-58)
State law reference-Similar provisions, K.S.A. 41.2708.
Sec. 5-104. Relicensing after revocation.
In case of the revocation of the license of any
licensee, no new license shall be issued to such
person or person 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 dis-
trict court of the county on appeal. (Code 1966, *
6-59)
State law reference-Similar provisions, K.S.A. 41.2708.
Secs. 5-105-5-115. Reserved.
230
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ALCOHOLIC BEVERAGES
~ 5-116
ARTICLE IV. PRIVATE CLUBS AND
DRINKING ESTABLISHMENTS.
DIVISION 1. GENERALLY
Sec. 5-116. Definitions.
The following words and phrases, when used in
this article. shall have the meanings respectively
ascribed to them:
(1) Alcoholic liquor means alcohol, spirits, wine,
beer, and every liquid or solid, patented or
not, containing alcohol, spirits, wine or beer,
and capable of being consumed as a bever-
age by a human being, but shall not in-
clude any beer or cereal malt beverage con-
taining not more than three and two-tenths
(3.2) percent of alcohol by weight.
(2) Beneficial interest shall not include any in-
terest a person may have as owner, opera-
tor, lessee or franchise holder of a licensed
hotel or motel on which the club premises
are located.
(3) Club means an organization licensed under
this article to which the club members shall
be permitted to resort for the purpose of
consuming alcoholic liquor.
.State law reference-Licensing And regulation of clubs.
K.S.A. 41-2601 et seq.
Supp. No.7
230.1
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ALCOHOLIC BEVERAGES
(4) Food means any raw, cooked or processed
edible substance or ingredient, other than
alcoholic liquor or cereal malt beverage,
used or intended for use or for sale, in whole
or in part, for human consumption.
(5) Minor means any person under twenty-one
(21) years of age.
(6) Original package means any bottle, flask,
jug, can, cask, barrel, keg, hogshead or other
receptacle or container whatsoever used,
corked or capped, sealed and labeled by the
manufacturer of alcoholic liquor, to contain
and to convey any alcoholic liquor.
(7) Restaurant means a licensed food service
establishment, as defined by KS.A. 36-501
and amendments thereto, which, as deter-
mined by the director, derives not less than
fifty (50) percent of its gross receipts in
each calendar year from the sale of food for
consumption on the club premises.
(8) Sale means any transfer, exchange or bar-
ter in any manner or by any means what-
soever for a consideration, and includes and
means all sales made by any person, whether
principal, proprietor, agent, servant or em-
ployee.
(9) To sell includes to solicit or receive an order
for, to keep or expose for sale and to keep
with intent to sell.
Cross reference-Definitions and rules of construction gen.
erally, ~ 1.2.
State law reference-Similar definitions, K.S.A. 41-2601.
Sec. 5-117. Class "A" club.
A class "A" club shall be a premises owned or
leased and operated by a corporation, partnership,
business trust, or association for the exclusive ,
use of the corporate stockholders, partners, trust ..
beneficiaries or associates (hereinafter referred to
as members), their families and invited and accom-
panied guests, and which is not operated for a
profit other than such as would accrue to the
entire membership. A corporation, partnership,
business, trust, or association not operated for a
profit, for the purposes of the definition of a class
"A" club shall only include such a corporation,
partnership, business trust, or association which
i 5-119
has been determined by the state director of alco-
holic beverage control to be a bona fide nonprofit
social, fraternal or war veterans club.
State law reference-Similar provisions, K.S.A. 41.2601.
Sec. 5-118. Class "B" club.
A class "B" club shall consist of a premises
operated for profit by a corporation, partnership
or individual, known as the management, to which
premises the management allows persons, known
as members, to resort for the consumption of food
or alcoholic beverages and for entertainment. As
a prerequisite for attaining membership the man-
agement must screen the applicants for good
moral character. No membership may be granted
within ten (10) days of the application therefor.
Each membership must be renewable annually
upon payment of the annual dues of at least ten
dollars ($10.00); provided, however, any class "B"
club located on the premises of a hotel as defined
in KS.A. 36.501 may establish rules whereby
guests registered at the hotel, who are not resi.
dents of the county in which the club is located,
may file application for temporary membership
in the club, which membership, if granted, shall
only be valid for the period of time they are a
bona fide registered guest at the hotel. Such tem-
porary membership shall not be subject to the
waiting period or dues requirement contained in
this section.
State law reference-Similar provisions, K.S.A. 41.2601.
Sec. 5-119. Consumption of alcoholic liquor
authorized.
(a) The consumption of alcoholic liquor by any
person twenty-one (21) years of age or over shall
be authorized in this city:
(1) Upon private property by those occupying
such private property as an owner or as the
lessee of an owner and by the guests of the
owner or lessee provided that no charge is
made by the owner or lessee for the serving
or mixing of any drink or drinks of alcoholic
liquor or for any substance comixed with any
alcoholic liquor; and if no sale of alcoholic
liquor in violation of KS.A. 41-803 takes place
on such private property;
231
f &-119
SAUNA CODE
(2) At a club licensed by the state alcoholic bev-
erage control board;
(3) In a lodging room of any hotel, motel or
boarding house by the occupant of the lodg-
ing room or the occupant's guests provided
the occupant is not engaged in a sale of li-
quor in violation of K.S.A. 41-803; and if the
occupant makes no charge for serving or mix-
ing any drink or drinks of alcoholic liquor, or
for any substance comixed with any alco-
holic liquor;
(4) In a private dining room of a hotel, motel or
restaurant when the dining room is rented or
made available on a special occasion to an
individual or organization for a private party
and if no sale or alcoholic liquor in violation
of K.S.A. 41-803 takes place at the private
party.
(b) The consumption of alcoholic liquor at any
place other than that provided in this section shall
be deemed to be the consumption of alcoholic li-
quor in a place in which the general public has
access.
State law reference-Similar provisions, K.S.A. 41-2602,
41-2603.
Sec. 5-120. Responsibility for violations on
property; abatement.
(a) Any person allowing consumption of alco-
holic liquor in violation of this article on any
property owned, leased or otherwise under his
control shall, upon conviction, be deemed guilty
of a misdemeanor.
(b) The property on which the violation takes
place is declared to be a common nuisance and as
such is subject to abatement as provided for any
other liquor nuisance in K.S.A. 41-805.
State law reference-Similar provisions, K.S.A. 41-2604.
Sec. 5-121. Regulations governing licensee.
It shall be unlawful for a club licensee:
(1) To employ any person under the age of
twenty-one (21) years in connection with the
dispensing or serving of alcoholic liquor or
the mixing of drinks containing alcoholic liquor;
(2) To employ knowingly or continue in employ-
ment any person in connection with the dis-
pensing or serving of alcoholic liquor or the
mixing of drinks containing alcoholic liquor
who has been adjudged guilty of a felony or of
any crime involving a morals charge in this
or any other state, or of the United States.
For the purposes of this subsection, the term
"morals charge" shall include those charges
involving prostitution, procuring any person,
soliciting of a child under eighteen (18) for
any immoral act involving sex, possession or
sale of narcotics, marijuana, amphetamines
or barbiturates, rape, incest, gambling, ille-
gal cohabitation, adultery, bigamy, or crimes
against nature;
(3) To employ knowingly or to continue in em-
ployment any person in connection with the
dispensing or serving of alcoholic liquor or
the mixing of drinks containing alcoholic li-
quor who has been adjudged guilty of a viola-
tion of any intoxicating liquor law of this or
any other state, or of the United States, dur-
ing the two (2) year period immediately fol-
lowing such adjudging;
(4) To fail to maintain at the licensed premises a
current list of all club members and their
residence addresses;
(5) To refuse to allow the city attorney or any
authorized agents or any police or peace offi-
cer to inspect the current list of the members
of the club;
(6) To purchase alcoholic liquor from any person
except from a person holding a valid license
to sell alcoholic liquor at retail.
State law reference-Similar provisions, K.S.A. 41-2610.
Sec. 5.122. Right of inspection by city.
The right of immediate entry and inspection at
any time on any premises licensed as a club under
this article or of any premises subject to the con-
trol of any club licensed under this article by any
duly authorized officer or agent of the city or by
any peace officer shall be a condition on which
every club license shall be issued and the applica-
tion for and acceptance of any club license here-
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ALCOHOLIC BEVERAGES
f 5-139
under shall conclusively be deemed to be the con-
sent of the applicant and licensee to such immediate
entry and inspection. Upon the refusal of any
club licensee to permit immediately entry and
inspection, the city attorney shall immediately
report such refusal to the state director of alco-
holic beverage control.
State law reference-Similar provisions, K.S.A. 41-2613.
Sec. 5-123. Hours of operation.
(a) No club or drinking establishment shall
allow the serving, mixing or consumption of alco-
holic liquor on its premises between the hours of
2:00 a.m. and 9:00 a.m. on any day.
(b) No caterer shall allow the serving, mixing
or consumption of alcoholic liquor between the
hours of 2:00 a.m. and 6:00 a.m. on any day at an
event catered by such caterer. (Ord. No. 91-9476,
~ 1, 11-18-91) .
State law reference-Similar provisions, K.S.A. 41-2614.
Sec. 5-124. Consumption by minors pro-
hibited.
No club shall knowingly or unknowingly per.
mit the consumption of alcoholic liquor or cereal
malt beverages on his premises by a minor and
no minor shall consume or attempt to consume
any alcoholic liquor or cereal malt beverage while
in or upon the premises of a club licensed here-
under or as prohibited by K.S.A., 41-715 and any
amendment thereto. The owner of any club, any
officer or any employee thereof, who shall permit
the consumption of alcoholic liquor or cereal malt
beverages on the premises of the club by a minor
shall be deemed guilty of a misdemeanor.
Cross reference-Minors generally, Ch. 21.
State law reference-Similar provisions, K.S.A. 41-2615.
Sec. 5-125. Search of nonlicensed clubs.
The existence of any establishment, room or
place purporting to be a club or being held out to
the public or any person by the proprietors of the
establishment, room or place or their agents or
employees to be a club unless a club license has
been issued by the city for such establishment,
room or place shall be deemed to be sufficient
probable cause for any judge of the district court
to issue a search warrant to any peace officer for
Supp. No.9
the purpose of searching the establishment, room
or place for alcoholic liquor being sold, possessed
or consumed in violation of this article, any other
law of the state, or any ordinance of the city.
State law reference-Similar provisions, K.S.A. 41-2619.
Sees. 5-126-5-135. Reserved.
DIVISION 2. LICENSE*
Sec. 5-136. License required.
It shall be unlawful for any individual, firm,
copartnership, corporation or association, either
as principal, officer, agent, servant or employee,
to conduct, pursue, carry on and operate in the
city a club without having first paid to the city
clerk the license fee hereinafter provided and hav-
ing procured a license from the city. (Code 1966, ~
6-79; Ord. No. 88-9277, ~ 1,8-22-88)
State law reference-Club license required, K.S.A. 41-2620.
Sec. 5-137. Application.
Any person desiring a license under this divi-
sion shall make application to the city clerk and
accompany the application with the required li-
cense fee for each place of business for which the
person desires the license. The application shall
be on such form and contain such information as
required by the city.
Sec. 5-138. Applicant to have state license.
A holder of a license for a club in the city issued
by the state director of alcoholic beverage control
shall present such license when applying to pay
the license tax levied in section 5-139 and the tax
shall be received and receipt issued for the period
covered by the state license by the city clerk.
(Code 1966, ~ 6-81; Ord. No. 88-9277, ~ 2,8-22-88)
Sec. 5-139. License tax levied.
There is hereby levied an annual occupation or
license tax on each operator of a club in the amount
of two hundred fifty dollars ($250.00), who has a
club license issued by the state director of alco-
holic beverage control, which tax shall be paid
.Cro.. reference-Licenses generally, Ch. 20.
233
~ 5.139
SALINA CODE
before business is begun under an original state
license and within ten (10) days after any renewal
of the state license. (Code 1966, ~ 6-80; Ord. No.
88-9277, i 3, 8-22-88)
State law reference-Authority for levy of license fee. K.S.A.
41.2622.
Sec. 5-140. Restrictions barring issuance.
No club license shall be issued under the provi-
sions of this division to:
(1) Citizenship. A person who has not been a
citizen of the United States for at least ten
(10) years;
(2) Felon. A person who has been convicted of
or has pleaded guilty to a felony under the
laws of this state or any other state or of
the United States;
(31 Keeper of house of ill fame. A person who
has been convicted of or has pleaded guilty
to being the keeper or is keeping a house of
ill fame or shall have forfeited bond to ap-
pear in court to answer charges for any
such violation;
(4) Proprietor of gambling house or other mis-
demeanor opposed to decency and morality.
A person who has been convicted of or has
pleaded guilty to being a proprietor of a
gambling house or of pandering or other
crimes or misdemeanors opposed to decency
and morality or shall have forfeited bond
to appear in court to answer charges for
any such violation;
(5) Minor. A person who is not at least twenty.
one (21) years of age;
(6) Enforcement official A person who appoints
or is a law enforcement official or who is an
employee of the director of the state alco-
holic beverage control board or the alco-
holic beverage control board; except that
the provisions of this subsection shall not
apply to or prohibit the issuance of any
license to any class "A" club officer of a
post home of a congressionally chartered
service or fraternal organization, or a be-
nevolent association or society thereof;
Supp. No.9
(7) Agent. A person who intends to carryon
the business authorized by the license as
agent of another;
(8) Renewal. A person who at the time of ap-
plication for renewal of any license issued
hereunder would not be eligible for such
license upon a first application;
(9) Nonownership of premises. A person who
does not own the premises for which a li.
cense is sought or does not have a written
lease thereon for at least three-fourths of
the period for which the license is to be
issued;
110) Spouse. Any person if the spouse of such
person would be ineligible to receive such a
license hereunder for any reason other than
citizenship and residence requirements or
age:
(Ill County residency. A person who is not a
resident of the county:
(12) State residency. A person who has not been
a resident of the county for at least one
year immediately preceding the date of ap-
plication or a person who has not been a
resident of the state for a total of at least
five (5) years preceding the date of application;
(13) Beneficial interest in manufacture, prepara-
tion or sale. A person who has a beneficial
interest in the manufacture, preparation
or wholesaling or the retail sale of alco-
holic liquor or a beneficial interest in any
other club licensed under this division, ex-
cept that:
a. A license for premises located in a hotel,
as defined in K.S.A. 36-501, may be
granted to a person who has a benefi-
cial interest in another club or clubs
licensed hereunder if the other club or
clubs are located in a hotel as defined
herein.
b. A license for a club located in a licensed
food service establishment, as defined
in K.S.A. 36-501, rriay be issued to a
person who has a beneficial interest in
other clubs located in licensed food ser-
vice establishments, if not less than
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ALCOHOLIC BEVERAGES
fifty (50) percent of the gross receipts
on each such club and food service
establishment are derived from the
sale of food and consumption on the
premises of such club and food service
establishment.
(14) Eligibility of copartners. A copartnership
unless all of the copartners are entitled to
obtain a license;
(15) Eligibility of officers, managers, directors
and stockholders. A corporation, if any of-
ficer, manager or director thereof, or any
stockholder owning in the aggregate more
than five (5) percent of the common or
preferred stock of such corporation would
be ineligible to receive a club license here-
under for any reason other than citizenship
and resident requirements;
(16) Foreign corporation. A corporation orga-
nized under the laws of any state other
than this state;
(17) Any person who has had a license revoked
for cause under this article or state law.
State law reference-Similar provisions, KS.A. 41-2623.
Sec. 5-141. Reserved.
Sec. 5-142. Application to one premises.
The license provided in. this division shall be
issued for one particular premises which shall be
stated in the application and in the license.
State law reference-Similar provisions, KS.A. 41-2627.
Sec. 5-143. Transferability.
A club or drinking establishment license issued
under this chapter shall be transferable only if
the following conditions are met:
(1) Ownership. The ownership must not have
transferred from one person to another or
to any firm, partnership or corporation,
containing members not included in the
membership of the original applicant; and
(2) Name. The name of the business must
remain the same, with no additions or
deletions; and
Supp. No. 11
~ 5-146
(3) Location. The new location meets current
zoning requirements.
If one or more of the conditions are not met, the
applicant must apply for a new license and pay
the applicable fee.
(Code 1966, ~ 6-84; Ord. No. 94-9640, ~ 1, 7-18-94)
Sec. 5-144. Posting.
A license issued under this division shall be
kept posted in a conspicuous place in the place of
business.
(Code 1966, ~ 6-85)
State law reference-State license to be framed and
hung, KS.A. 41-2612.
Sec. 5-145. Contents of license.
The license issued under this division shall
state the name of the licensee, the location of the
place of business for which the license is issued,
the period for which it is issued, and that it is
subject to revocation in the manner provided by
law and by this division.
(Code 1966, ~ 6-86)
Sec. 5-146. Suspension or revocation.
The board of commissioners, upon five (5) days'
notice to persons holding any license under this
division, may revoke or suspend the license of any
club licensee for anyone or more of the following
reasons.
(1) The licensee has fraudulently obtained the
license by giving false information in the
application therefor or any hearing thereon;
(2) The licensee has violated any of the provi-
sions of K.S.A. chapter 41, article 26, or
any ordinance of the city prescribing rules
or regulations relating to the operation of
clubs;
(3) The licensee has become ineligible to ob-
tain a license;
(4) Drunkenness of the licensee club's man-
ager or employee while on duty, or the
licensee club, its manager or employee has
permitted any disorderly person to remain
in the licensed premises;
235
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SALINA CODE
(5) Violation on the club premises of any pro-
vision of the laws of this state, or of the
United States, pertaining to the sale of
intoxicating or alcoholic liquors or bever-
ages or any crime involving a "morals
charge" as defined in subsection (b) ofK.S.A.
41-2610 and amendments thereto;
(6) The purchase and display in the licensed
premises by the licensee club, its managing
officers or any employee of a federal wager-
ing occupational stamp issued by the United
States Treasury Department;
(7) The purchase and display in the licensed
premises by the licensee club, its managing
officers or any employee, of a federal coin
operated gambling device stamp for the
club premises issued by the Untied States
Treasury Department;
(8) The licensee holding a club license has
been found guilty of a violation of article 10
of chapter 44 of the Kansas Statutes Anno-
tated under a decision or order of the civil
rights commission which has become final
or such licensee has been found guilty of a
violation.
(Code 1966, ~ 6-87; Ord. No. 88-9277, ~ 4, 8-22-88)
State law reference-Similar provisions, K.S.A. 41-2611.
DIVISION 3. DRINKING ESTABLISHMENTS
Sec. 5-147. License required.
It shall be unlawful for any person granted a
drinking establishment license by the state of
Kansas to sell or serve any alcoholic liquor autho-
rized by such license within the city without first
obtaining a city license from the city clerk.
(Ord. No. 87-9228, * I, 12-28-87)
Sec. 5-148. License fee.
(a) There is hereby levied an annual license fee
in the amount oftwo hundred fifty dollars ($250.00)
on each drinking establishment located in the city
which has a drinking establishment license is-
sued by the state director of alcoholic beverage
control, which fee shall be paid upon enactment of
this division for existing drinking establishments
Supp. No. 11
with state licenses, before business is begun un-
der an original state license and within five (5)
days after any renewal of a state license.
(b) All applications for new or renewal city
licenses shall be submitted to the city clerk. Upon
presentation of a state license, payment of the city
license fee and the license application, the city
clerk shall issue a city license for the period
covered by the state license, if there are no
conflicts with any zoning or alcoholic beverage
ordinances of the city.
(c) The license period shall extend for the pe-
riod covered by the state license. No license fee
shall be refunded for any reason.
(d) Every licensee shall cause the city drinking
establishment license to be placed in plain view
next to or below the state license in a conspicuous
place on the licensed premises.
(Ord. No. 87~9228, * 1, 12-28-87)
Sec. 5-149. Business regulations.
(a) No drinking establishment licensed hereun-
der shall allow the serving, mixing or consump-
tion of alcoholic liquor on its premises between
the hours of 2:00 a.m. and 9:00 a.m. on any day.
(b) Cereal malt beverages may be sold on prem-
ises licensed for the retail sale of cereal malt
beverages for on-premises consumption at any
time when alcoholic liquor is allowed by law to be
served on the premises.
(c) No alcoholic beverages or cereal malt bev-
erages shall be given, sold or traded to any person
under twenty-one (21) years of age.
(Ord. No. 87-9228, * 1, 12-28-87)
Sec. 5-150. Penalty.
If the licensee has violated any of the provisions
of this article, the governing body of the city, upon
five (5) days' written notice to the person holding
such license to sell alcoholic liquor, may perma-
nently revoke or cause to be suspended for a
period of not more than thirty (30) days such
license and the individual holding the license may
236
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ALCOHOLIC BEVERAGES
~ 5-150
be charged in municipal court with a violation of
the alcoholic liquor laws of the city and upon
conviction shall be punished by:
(1) A fine of not more than four hundred ninety-
nine dollars ($499.00); or
(2) Imprisonment in jail for not more than one
hundred seventy-nine (179) days; or
(3) Both such fine and imprisonment not to
exceed subsections (1) and (2) of this sec-
tion.
(Ord. No. 87-9228, ~ 1, 12-28-87)
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Chapter 6
. AMUSEMENTS AND ENTERTAINMENT
Art. I. In General, !Hi 6-1~-15
Art. II. Carnivals, Circuses and Tent Shows, At 6-1~-45
Div. 1. Generally, ~~ 6-16---6-30
Div. 2. License, ~~ 6-31-6-45
Art. Ill. Adult-Oriented Businesses, !ili 6~79
Div. 1. Generally, ~~ 6-46---6-53
Div. 2. Licenses, ~~ 6-54-6-64
Div. 3. Operating Regulations, ~~ 6-65-6-72
Div. 4. Suspension, Revocation, Non-renewal, Appeal, ~~ 6-73-
6-78
Div. 5. Penalty, ~ 6-79
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Supp. No. 15
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AMUSEMENTS AND ENTERTAINMENT
~ 6-18
ARTICLE I. IN GENERAL
.
Sec. 6-1. Reserved.
Editor's note-Section 1 of Ord. No. 91-9436, adopted
April 15, 1991, repealed ~ 6-1 in its entirety. Formerly, ~ 6-1
pertained to licensing of amusements and derived from the
Code of 1966, ~~ 7-69, 20-42, 20-48, 20-58,20-65 and 20-68.
Sees. 6-2-6-15. Reserved.
ARTICLE II. CARNIVALS, CIRCUSES AND
TENT SHOWS
DIVISION 1. GENERALLY
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Sec. 6-16. Def"mitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
(1) Carnivals shall be deemed to include at-
tractions 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 acts and other exhibitions,
attractions, shows or devices of various
kinds for the amusement of the public,
commonly operated and known as carni-
vals, or as parts thereof, whether adver-
tised as such or otherwise.
(2) 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 alone
or in connection with circuses having the
other features hereinabove mentioned, or
similar thereto, and the term "circus" shall
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Supp. No. 15
also include any street parade shown or
operated in the city and the unloading
and/or moving of circus equipment, exhib-
its and paraphernalia in the city and
along or over the streets thereof, in con-
nection with a circus which is shown
outside the city.
(3) Tent shows shall be deemed to include
theatrical, dramatic or operative perfor-
mances, or entertainments, or concerts,
whether operated in a tent or in the open,
or in any temporary or permanent build-
ing or structure unless the same is in a
regularly licensed opera house, theater or
motion picture theater; provided, that this
article shall not apply to entertainments,
concerts or musical exhibitions given by
any church, school, lodge or other society
or organization of the city when the pro-
ceeds thereof are exclusively for the ben-
efit 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, ex-
cept in payment of labor actually per-
formed or for property or materials actu-
ally furnished for use in connection with
such performance, concert or entertain-
ment.
(Code 1966, ~ 7-18)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 6-17. Permits required; compliance with
regulations.
It shall be unlawful for any person to operate or
conduct any circus, carnival or tent show in the
city without first having made application and
securing a permit from the city clerk and without
first having complied with all the rules and reg-
ulations of the city.
(Code 1966, ~ 7-19)
Sec. 6-18. Gambling prohibited.
It shall be unlawful for any person to operate or
conduct or to permit any other person to operate
or conduct, or for any person to have in his
289
~ 6-18
SALINA CODE
possession, upon the premises occupied by any
circus, carnival or tent show within the city, any
gambling device or game of chance.
(Code 1966, ~ 7-24)
Sec. 6-19. Reserved.
Editor's DOte-Ord. No. 88-9249, ~ 1, adopted May 9,
1988, repealed ~ 6-19 in its entirety. Former ~ 6-19, concerning
lewd, indecent or obscene performances, derived from the
Code of 1966, ~ 7-25.
Sees. 6-20-6-30. Reserved.
DIVISION 2. LICENSE*
Sec. 6-31. Required.
No person shall engage in, pursue, conduct or
carry on in the city the calling, trade or occupa-
tion of conducting or operating a circus, carnival
or tent show without first having secured from
the city clerk a license to conduct or operate the
same as provided in this division.
(Code 1966, ~ 7-20)
Sec. 6-32. Application.
Before any license shall be issued under this
division, the person 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 with a statement
that the applicant will abide by and perform all of
the provisions of this article and of all other
ordinances of the city relating thereto. Such ap-
plication shall be accompanied by the original or
duplicate of the permit issued to such applicant.
(Code 1966, ~ 7-21)
.Cross reference-Licenses generally, Ch. 20.
Supp. No. 15
Sec. 6-33. Fees.
(a) Fees for licenses under this division shall
be as prescribed in section 2-2.
(b) Every license tax herein provided for shall
be paid by the person 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 division.
(Code 1966, ~~ 7-22, 7-23)
Sees. 6-~-45. Reserved.
ARTICLE III. ADULT-ORIENTED
BUSINESSES
DIVISION 1. GENERALLY
Sec. 6-46. Deleterious secondary effects.
In conjunction with its consideration of this
article, the governing body has reviewed studies
regarding the deleterious secondary effects of
adult-oriented businesses from the following com-
munities: Amarillo, Texas; Austin, Texas; Beau-
mont, Texas; Cleveland, Ohio; Indianapolis, Indi-
ana; Los Angeles, California; Minneapolis,
Minnesota; Oklahoma City, Oklahoma; Phoenix,
Arizona; and Whittier, California.
After carefully considering the results of those
studies, the governing body makes the following
findings:
(1) That areas containing adult-oriented busi-
nesses experience a substantially greater
incidence of crime than other similar ar-
eas without such businesses.
(2) That areas containing adult-oriented busi-
nesses experience a substantially greater
depreciation of property values than other
similar areas without such businesses.
(3) That the concentration of adult-oriented
businesses in the same neighborhood at-
tracts an undesirable transient popula-
290
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AMUSEMENTS AND ENTERTAINMENT
~6-47
.
tion, causes an increase in crime, encour-
ages businesses and residents to relocate,
and adversely affects property value.
(4) That based on such studies, it is reason-
able to conclude that said deleterious sec-
ondary effects would occur within the
City of Salina absent appropriate regula-
tion of adult-oriented businesses.
(5) That the primary purpose of the regula-
tions contained herein is to mitigate, and
possibly avoid the deleterious secondary
effects of adult-oriented businesses and is
unrelated to restricting access to the prod-
ucts and services offered by such busi-
nesses.
(Ord. No. 99-9964, ~ 1, 1-3-00)
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Sec. 6-47. Definitions.
As used in this article, unless the context
clearly requires otherwise, the following words
and phrases shall have the meanings ascribed to
them in this section:
1. Adult-oriented business means any busi-
ness:
(1) That has as a substantial or signifi-
cant purpose the sale or rental of
merchandise that is intended for use
in connection with specified sexual
activities, or that emphasizes mat-
ters depicting, describing or relating
to specified sexual activities or spec-
ified anatomical areas; or
(2) That has as one of its regular and
substantial business purposes:
a. The providing of entertainment
where the emphasis is on per-
formances, live or otherwise,
that depict, portray, exhibit or
display specified anatomical ar-
eas or specified sexual activi-
ties; or
b. The providing of services that
are intended to provide sexual
arousal or excitement or that
allow observation of specified
sexual activities or specified an-
atomical areas ancillary to other
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Supp. No. 15
pursuits, or allow participation
in specified sexual activities an-
cillary to other pursuits.
The definition of "adult-oriented business"
also includes but is not limited to any and
all of the following specific adult-oriented
businesses, as defined herein:
a. Businesses that offer merchandise
for sale or rent.
1. "Adult media or merchandise
outlet" means a commercial es-
tablishment which as one of its
substantial or significant busi-
ness purposes offers for sale or
rental for any form of consider-
ation anyone or more of the
following:
(a) Books; magazines; period-
icals; other printed mat-
ter; pictures; slides; video-
tapes; video reproductions;
compact discs; motion pic-
tures; films; or other me-
dia; containing visual rep-
resentations distinguished
or characterized by an em-
phasis on matter depict-
ing, describing, or relat-
ing to sexual activities or
specified anatomical ar-
eas; or
(b) Instruments; devices; gifts
or paraphernalia; which
are designed or marketed
for use in connection with
specified sexual activities.
2. "Substantial or significant. " For the pur-
poses of this Article it shall be presumed
that a commercial establishment has as
one of its substantial or significant busi-
ness purposes the sale or rental of the
materials described herein if one or more
of the following criteria are satisfied:
(a) The establishment makes use of a
sign visible from any public street,
whether located on or off the prop-
erty of the establishment, advertis-
291
~ 6-47
SALINA CODE
ing the availability at the establish-
ment of any material described in
subsection 1 of this definition;
(b) Thirty (30) percent or more of the
floor area of the business (not includ-
ing storerooms, stock areas, bath-
rooms, basements or any portion of
the business not open to the public)
is devoted to such items at any time;
(c) Thirty (30) percent or more of all
inventory at any time consists of
such items;
(d) Thirty (30) percent or more of the
merchandise displayed for sale at
any time consists of such items;
(e) Thirty (30) percent or more of the
sales, measured in dollars over any
consecutive ninety-day period, is de-
rived from such items;
(0 Thirty (30) percent or more of the
number of sales transactions, mea-
sured over any consecutive ninety-
day period, is of such items;
(g) Thirty (30) percent or more of the
dollar value of all merchandise dis-
played at any time is attributable to
such items;
(h) Thirty (30) percent of the stock in
trade at any time consists of such
items;
This presumption shall be rebuttable.
3. "Designed or Marketed for Use". In deter-
mining whether an item is designed or
marketed for use in connection with spec-
ified sexual activities, the following guide-
lines may be considered:
(a) Expert testimony as to the principle
use of the items;
(b) Evidence concerning the total busi-
ness of a person or business estab-
lishment and the type of merchan-
dise involved in the business;
(c) National and local advertising con-
cerning use of the item;
Supp. No. 15 292
(d) Evidence of advertising concerning
the nature of the business establish-
ment;
(e) Instructions, graphics or other ma-
terial contained on the item itself or
on the packaging materials for the
item;
(0 The physical or structural character-
istics of the item;
(g) The manner in which the item is
displayed, including its proximity to
other regulated merchandise or
sign age relating to items in a display
area;
Any person may request an interpre-
tive ruling from the city manager, or
his or her designee, as to whether a
particular item is considered by the
city to be designed or marketed for
use in connection with specified sex-
ual activities. An application for an
interpretive ruling shall be made in
writing on a form provided by the
city manager, and shall be accompa-
nied by such other information as
may be reasonable be requested un-
der the circumstances pertaining to
the specific item about which a rul-
ing is requested. The city manager
shall issue a written interpretive rul-
ing within ten business days follow-
ing submission of a completed appli-
cation. The decision of the city
manager may be appealed to the
governing body within fifteen days
following the interpretive ruling by
submitting a written notice of ap-
peal to the city clerk.
4. ''Adult newsrack" means any coin or card-
operated device that offers for sale by
dispensing printed material which is dis-
tinguished or characterized by its empha-
sis on matter depicting, describing or re-
lating to specified sexual activities or
specified anatomical areas.
b. Businesses that provide entertain-
ment.
1. "Adult entertainment business"
means any business to which
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Supp. No. 15
AMUSEMENTS AND ENTERTAINMENT
the public, patrons or members
are invited or admitted, and
where providing adult entertain-
ment, as defined herein, is a
regular and substantial portion
of its business.
2. The definition of "adult enter-
tainment business" also includes,
but is not limited to, any and
all ofthe following specific adult
entertainment businesses, as de-
fined herein:
(a) "Adult arcade" means any
place to which the adult
public is invited wherein
coin-operated or token op-
erated or electronically,
electrically or mechani-
cally controlled still or mo-
tion picture machines, pro-
jectors or other image-
producing devices are
maintained to show im-
ages to five (5) or fewer
persons per machine at
anyone (1) time and where
the images so displayed
are distinguished or char-
acterized by an emphasis
on matters depicting, de-
scribing or relating to spec-
ified sexual activities or
specified anatomical ar-
eas.
(b) "Adult motion picture the-
ater" means an establish-
ment with screen or pro-
jection areas, where a
regular and substantial
portion of its business is
the exhibition to patrons
of f1lms, videotapes or mo-
tion pictures which are in-
tended to provide sexual
arousal or sexual excite-
ment to the patrons and
which are distinguished by
or characterized by an em-
phasis on matter depict-
293
~6-47
ing, describing or relating
to specified sexual activi-
ties or specified anatomi-
cal areas.
(c) "Adult theater" means an
establishment where a reg-
ular and substantial por-
tion of its business is pro-
viding the live performance
of activities relating to
specified sexual activities
or exhibition of specified
anatomical areas of live
performers, for observa-
tion by patrons.
(d) ''Adult entertainment cab-
aret" means an establish-
ment where a regular and
substantial portion of its
business is providing adult
entertainment which fea-
tures strippers, male or
female impersonators, or
live performances, or ma-
terial which depict, por-
tray, exhibit or display
specified anatomical ar-
eas of specified sexual ac-
tivities or are intended to
arouse or excite the sex-
ual desires of the enter-
tainer, other entertainer
or patron.
(e) ''Adult entertainment stu-
dio" (includes the terms
"rap studio", "exotic dance
studio", "sensitivity stu-
dio" or "encounter studio")
means an establishment
whose premises are phys-
ically arranged so as to
provide booths, cubicles,
rooms, compartments or
stalls separate from the
common areas of the pre-
mises, and where a regu-
lar and substantial por-
tion of its business is
providing entertainment
~ 6-47
SALINA CODE
which features materials
or live performances char-
acterized by an emphasis
on or features materials
relating to specified sex-
ual activities or the exhi-
bition of specified anatom-
ical areas.
(0 "Adult encounter parlor"
means an establishment
where a regular and sub-
stantial portion of its busi-
ness is the provision of
premises where patrons
congregate, associate, or
consort with employees,
performers, and/or other
patrons or private contrac-
tors who display specified
anatomical areas in the
presence of such patrons,
with the intent of provid-
ing sexual arousal or ex-
citement to such patrons.
3. "Adult entertainment" means anyexhibi-
tion, performance, display or dance of any
type, including, but not limited to, talk-
ing, singing, reading, listening, posing,
serving food or beverages, soliciting for
the sale of food, beverages or entertain-
ment, pantomiming, modeling, removal of
clothing, or any service offered on a pre-
mises where such exhibition, performance,
display or dance is intended to arouse or
excite the sexual desires of the enter-
tainer, other entertainers or patrons, or if
the entertainment depicts, portrays, ex-
hibits or displays specified anatomical ar-
eas or specified sexual activities.
4. Contagious and communicable diseases"
means those diseases which are set out in
Kansas Department of Health and Envi-
ronment Regulations, K.A.R. 28-1-6, as
amended.
5. "Employee" means any and all persons,
including managers, entertainers and in-
dependent contractors, who work in or at
Supp. No. 15
or render any services directly related to
the operation of an adult-oriented busi-
ness.
6. "Entertainer" means any person who pro-
vides adult entertainment within an adult
business, whether or not a fee is charged
or accepted for entertainment.
7. "Manager" means any person who man-
ages, directs, administers, or is in charge
of the affairs and/or conduct of any por-
tion of any activity at any adult business.
8. "Minor" means any person less than eigh-
teen (18) years of age.
9. "Nude" or "Nudity" means the appearance
of the human bare buttocks, anus, human
genitals, or a state of dress which fails to
opaquely or fully cover the anus or human
genitals.
10. "Operate" means to own, conduct or main-
tain the affairs of an adult-oriented busi-
ness.
11. "Operator" means any person owning, op-
erating, conducting or maintaining an
adult-oriented business.
12. "Patron" means any person who enters an
adult-oriented business without regard to
whether a purchase is made from the
adult-oriented business or compensation
is paid to the adult-oriented business or
any employee of the adult-oriented busi-
ness for merchandise, entertainment or
service, provided that the term patron
shall not include persons who enter an
adult-oriented business for the sole pur-
pose of providing service or merchandise
to the adult-oriented business and who do
not remain in the adult-oriented business
after the purpose has been accomplished
including, but not limited to, persons per-
forming construction, repair or mainte-
nance on the premises or delivering goods
or merchandise to the adult-oriented busi-
ness and any such similar activity.
13. "Person" means any individual, partner-
ship, corporation, trust, incorporated or
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AMUSEMENTS AND ENTERTAINMENT
~ 6-55
.
unincorporated association, joint venture,
governmental entity, or other entity or
group of persons, however organized.
14. "Server" means any person who serves
food or drink at an adult entertainment
business.
15. "Specified anatomical areas" mean:
(1) Uncovered or exposed human geni-
tals, pubic region or pubic hair, but-
tocks, female breast or breasts below
a point immediately above the top of
the areola encircling the nipple, or
any combination of the foregoing; or
(2) Human male genitals in a discern-
ibly erect state, even if completely
and opaquely covered.
16. "Speci{ted sexual activities" mean any of
the following acts of intended sexual
arousal or excitement:
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(1) Sexual conduct including, but not
limited to, actual or simulated acts
of sexual intercourse, masturbation,
oral copulation or sodomy;
(2) Fondling or other intentional touch-
ing of a person's clothed or unclothed
genitals, pubic area, buttocks, or the
breasts of a female;
(3) Sadomasochistic acts; or
(4) Acts involving animals or latent ob-
jects.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sees. 6-48-6-53. Reserved.
DMSION 2. LICENSES
Sec. 6-54. License required.
.
(a) It shall be unlawful for any person to
operate or maintain an adult-oriented business in
the city unless the owner, operator or lessee
thereof has obtained an adult-oriented business
license from the city, or to operate such business
after such license has been revoked or suspended
by the city.
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Supp. No. 15
(b) It shall be unlawful for any entertainer,
server, employee, manager, operator or owner to
knowingly perform any work, service or entertain-
ment directly related to the operation of an unli-
censed adult-oriented business.
(c) The failure to post an adult-oriented busi-
ness license in the manner required herein shall
be prima facie evidence that an adult-oriented
business has not obtained such a license. In
addition, it shall be prima facie evidence that any
entertainer, employee, manager or owner who
performs any business, service or entertainment
in an adult-oriented business in which an adult-
oriented business license is not posted in the
manner required herein had knowledge that such
business is not licensed.
(d) Any business that engages in the barter,
rental, or sale of items consisting of printed
matter, pictures, slides, records, audiotapes, vid-
eotapes, compact discs, motion pictures, films or
other media, if such business is not open to the
public in general but only to one or more classes of
the public, excluding any minor by reason of age,
or if a substantial or significant portion of such
items are distinguished or characterized by an
emphasis on the depiction or description of spec-
ified sexual activities or specified anatomical ar-
eas shall be deemed to have consented to periodic
entry into and inspection of the business premises
by appropriate city officials and inspection by
those officials of only those business records nec-
essary for the limited purpose of determining
whether such business enterprise is an adult-
oriented business as defined herein. This entry
and inspection shall take place during hours
when such business is open to the public, unless
otherwise requested by the business, and shall
not unreasonably interfere with the conduct of
such business.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-55. License required for managers,
servers and entertainers.
It is unlawful for any person to work as an
entertainer, server or manager at an adult-
oriented business without first obtaining a license
to do so from the city, or to work as an entertainer,
295
~ 6-55
SALINA CODE
server or manager at an adult-oriented business
after such person's license to do so has been
revoked or suspended.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-56. License, classification and fees.
(a) The license year for all fees required herein
shall be from January 1 through December 31.
The application for a license shall be accompanied
by payment in full of the fee stated herein by
cash, certified or cashier's check, or money order,
and no application shall be considered complete
until such fee is paid.
(b) All licenses shall be issued for a specific
location and shall be nontransferable, and license
fees shall be nonrefundable.
(c) The classification of licenses and fees for
each shall be established pursuant to section 2-2.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-57. License limited to one identifi-
able type of adult use.
All adult-oriented business licenses shall be
issued only for the one adult-oriented business
use listed on the application. Any change in the
type of adult use shall invalidate the adult-
oriented business license and require the licensee
to obtain a new license for the change in use. A
separate license is required for each adult use.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-58. License applications.
(a) Adult-oriented business license. All persons
desiring to secure a license to operate an adult-
oriented business as required herein shall make a
verified application with the city clerk. All appli-
cations shall be submitted in the name of the
person who owns the adult-oriented business. The
application shall be signed by the applicant. If the
applicant is a corporation, the application shall be
signed by its president. If the applicant is a
partnership, the application shall be signed by a
partner. In all other instances where the owner is
not an individual, where applicable, the applica-
tion shall be signed by an authorized representa-
tive of the owner. The city clerk may require proof
of authorization before accepting an application.
Supp. No. 15
All applications shall be submitted on a form
supplied by the city clerk, and shall require the
following information:
(1) The name, residence address, home tele-
phone number, occupation, date, place of
birth, and social security number of the
applicant.
(2) The tax identification number and regis-
tered agent if the owner is required to
have a tax identification number or regis-
tered agent.
(3) The name of the adult-oriented business,
a description of the type of adult-oriented
business to be performed on the licensed
premises, and the name of the owner of
the premises where the adult-oriented
business will be located.
(4) The names, residence addresses, social
security numbers and dates of birth of all
partners, if the applicant is a partnership
or limited liability partnership; and if the
applicant is a corporation or limited lia-
bility company, the same information for
all corporate officers and directors and
stockholders or members who own more
than twenty-five (25) percent interest in
the corporation.
(5) A statement from the applicant whether
the applicant, or any corporate officer or
director, or stockholder, partner or mem-
ber who owns more than twenty-five (25)
percent interest in such entity in previ-
ously operating in this or another city,
county or state, has had an adult-oriented
business license of any type revoked or
suspended, and if so, the reason tor the
suspension or revocation and the business
activity subjected to the suspension or
revocation.
(6) A statement from the applicant, all part-
ners or each corporate officer and director
that each such person has not been con-
victed of, or released from confinement for
conviction of, or diverted from prosecution
on, any felony, whichever event is later,
within five (5) years immediately preced-
ing the application, or has not been con-
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AMUSEMENTS AND ENTERTAINMENT
~ 6-58
.
victed of, or diverted from prosecution on,
a misdemeanor, or released from confine-
ment for conviction of a misdemeanor,
whichever event is later, within two (2)
years immediately preceding the applica-
tion, where such felony or misdemeanor
involved sexual offenses, prostitution, in-
decent exposure, sexual abuse of a child,
pornography or related offenses, or con-
trolled substances, illegal drugs or narcot-
ics offenses as defined in the Kansas Stat-
utes or municipal ordinances.
The statement shall also indicate that the
applicant, each partner or each corporate
officer and director has not been convicted
of a municipal ordinance violation or di-
verted from prosecution on a municipal
ordinance violation within two (2) years
immediately preceding the application
where such municipal ordinance violation
involved sexual offenses, indecent expo-
sure, prostitution, sale of controlled sub-
stances, illegal drugs or narcotics.
(7) If the applicant is a corporation or limited
liability company, a current certificate of
registration issued by the Kansas Secre-
tary of State.
(8) A statement signed under oath that the
applicant has personal knowledge of the
information contained in the application
and that the information contained therein
is true and correct and that the applicant
has read the provisions of this article
regulating adult oriented businesses.
Failure to provide the information and
documentation required herein shall con-
stitute an incomplete application. The city
clerk shall notify the applicant whether or
not the application is complete within ten
(10) working days ofthe date the applica-
tion is received by the city clerk.
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.
(b) Manager, server or entertainer license. All
persons desiring to secure a license to be a man-
ager, server or entertainer shall make a verified
application with the city clerk. All applications
shall be submitted in the name of the person
proposing to be a manager, server or entertainer.
e
Supp. No. 15
All applications shall be submitted on a form
supplied by the city clerk and shall require all of
the following information:
(1) The applicant's name, home address, home
telephone number, date and place of birth,
social security number, and any stage
names or nicknames used in entertaining.
(2) If applicable, the name and address of
each adult business where the applicant
intends to work as a manager, server or
entertainer.
(3) A statement from the applicant that the
applicant has not been convicted of, or
released from confinement for conviction
of, or diverted from prosecution on, any
felony, whichever event is later, within
five (5) years immediately preceding the
application, or has not been convicted of,
or diverted from prosecution on a misde-
meanor, or released from confinement for
conviction of a misdemeanor, whichever
event is later, within two (2) years imme-
diately preceding the application, where
such felony or misdemeanor involved sex-
ual offenses, prostitution, indecent expo-
sure, sexual abuse of a child or pornogra-
phy and related offenses, or controlled
substances or illegal drugs or narcotics
offenses as defined in the Kansas Stat-
utes or municipal ordinances.
The statement shall also indicate that the
applicant has not been convicted of a
municipal ordinance violation or diverted
from prosecution on a municipal ordi-
nance violation within two (2) years im-
mediately preceding the application where
such municipal ordinance violation in-
volved sexual offenses, indecent exposure,
prostitution or sale of controlled sub-
stances or illegal drugs or narcotics.
(4) The applicant shall present to the city
clerk, who shall copy, documentation that
the applicant has attained the age of
eighteen (18) years at the time the appli-
cation is submitted. Any of the following
shall be accepted as documentation of
age:
(a) A motor vehicle operator's license
issued by any state, bearing the
applicant's photograph and date of
birth;
297
~ 6-58
SALINA CODE
(b) A state-issued identification card
bearing the applicant's photograph
and date of birth;
(c) An official and valid passport issued
by the United States of America;
(d) An immigration card issued by the
United States of America;
(e) Any other form of picture identifica-
tion issued by a governmental entity
that is deemed reliable by the city
clerk; or
(0 Any other form of identification
deemed reliable by the city clerk.
Failure to provide the information required
herein shall constitute an incomplete application.
The city clerk shall notify the applicant whether
or not the application is complete within ten (10)
working days of the date the application was
received by the city clerk.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-59. Application processing.
Upon receipt of an application for an adult-
oriented business license, or a manager, server or
entertainer license, the city clerk shall immedi-
ately transmit one copy of the application to the
chief of police for investigation of the application.
In the case of an adult-oriented business license
application, the city clerk shall also transmit a
copy of the application to the director of planning
and community development and the building
official. It shall be the duty of the chief of police to
investigate such application to determine whether
the information contained in the application is
accurate and whether the application meets the
requirements herein for issuance. The chief of
police shall report the results of the investigation
to the city clerk not later than ten (10) working
days from the date the application is received by
the city clerk. It shall be the duty ofthe director of
planning and community development and the
building official to determine whether the struc-
ture where the adult-oriented business will be
conducted complies with the requirements and
meets the standards of the applicable zoning code,
building code, fire and property maintenance or-
dinances, and health regulations. The director of
planning and community development and the
Supp. No. 15
building official shall report the results of their
investigation to the city clerk not later than ten
(10) working days from the date the application is
received by the city clerk. Upon receipt of the
reports from the chief of police, the director of
planning and community development and the
building official, the city clerk shall forward the
application for consideration by the city manager,
who shall approve or disapprove the license.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-60. Examination of application, issu-
ance of license, disapproval.
(a) The city manager shall examine an appli-
cation for an adult-oriented business license, or a
manager, server, or entertainer license, within
thirty (30) days of the date such application was
received by the city clerk. After such examination,
the city manager shall approve the issuance of a
license only if the appropriate license fee has been
paid, the applicant is qualified, and all the appli-
cable requirements set forth herein are met. No
license shall be approved for any person ineligible
pursuant to the provisions herein. All incomplete
applications shall be denied.
(b) The city manager's report on license exam-
ination shall be in writing and show the action
taken on the application. If the license is granted,
the city manager shall direct the city clerk to
issue the proper license.
(c) If an application for a license is disap-
proved, the applicant shall be immediately noti-
fied by certified mail, and the notification shall
state the basis for such disapproval. Any appli-
cant aggrieved by the disapproval of a license
application may appeal the denial to the govern-
ing body by submitting a request for the appeal,
in writing, to the city clerk. An appeal shall be
considered by the governing body at a regular or
special meeting to be held within fifteen (15) days
of receipt of the appeal. Any applicant aggrieved
by the governing body's disapproval of a license
application may seek judicial review in a manner
provided by law.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-61. Renewal.
(a) A license may be renewed by making appli-
cation to the city clerk on application forms pro-
vided for that purpose. Licenses shall expire on
298
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AMUSEMENTS AND ENTERTAINMENT
~ 6-62
.
Sec. 6-62. License-Ineligibility and disqual-
ification.
No person is eligible nor shall a license be
issued to:
1. An applicant for an adult-oriented busi-
ness license if one or more of the following
conditions exist:
a. The operation of an adult-oriented
business is not permitted within the
zoning district in which the business
is located.
b. The proposed adult-oriented busi-
ness is to be located within one thou-
sand (1,000) feet of any of the follow-
ing within the corporate limits of the
city:
(1) A boundary of a residential dis-
trict;
(2) A church or synagogue;
(3) A school (grades K through 12);
(4) A group day care center or kin-
dergarten; or,
(5) A public park or playground, if
any portion of the park or play-
ground or a street abutting any
portion of the park or play-
ground is within or abuts a
residential district.
For the purpose of this subsec-
tion, measurement shall be
made in a straight line, with-
out regard to intervening struc-
tures or objects, from the near-
est portion of the building or
structure used as part of the
premises where an adult-ori-
ented business is conducted, to
the nearest property line of the
premises of a church or rectory,
school, group day care center or
kindergarten or to the nearest
boundary of an affected public
park or playground or residen-
tial district.
c. The proposed adult-oriented busi-
ness is to be located within five hun-
dred (500) feet of another adult-
oriented business. The distance
between two (2) adult-oriented busi-
nesses shall be measured in a straight
line, without regard to intervening
structures or objects, from the clos-
est exterior walls of the structures in
which the businesses are located.
d. The proposed adult-oriented busi-
ness is to be located in the same
building, structure or portion thereof
in which an existing adult-oriented
business is located;
.
December 31 of each calendar year, and renewal
applications for such licenses shall be submitted
between November 1 and December 10.
(b) Upon timely application and review as pro-
vided for a new license, a license issued under the
provisions of this article shall be renewed by
issuance of a new license in the manner provided
herein.
(c) If the application for renewal of a license is
not made during the time provided herein, the
expiration of such license shall not be affected and
a new application shall be required.
(Ord. No. 99-9964, ~ 1, 1-3-00)
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e. The applicant knowingly failed to
supply all of the information re-
quested on the application;
f. The applicant knowingly gave mate-
rially false, fraudulent or untruthful
information on the application;
g. The applicant's proposed business
premises does not comply with or
meet the requirements of the appli-
cable health, zoning, building code,
fire and property maintenance ordi-
nances of the city, provided, that
upon a showing that the premises
meets said requirements and that
the applicant is otherwise qualified,
the application shall be eligible for
reconsideration by the governing
body;
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h. The applicant has been convicted,
released from incarceration for con-
Supp. No. 15
299
~ 6-62
SALINA CODE
viction or diverted on any of the
crimes set forth herein during the
time period set forth herein;
i. The applicant has had an adult-
oriented business license or compa-
rable license revoked or suspended
in this or any other city during the
past five (5) years; or
2. An applicant for a manager, server or
entertainer license if one or more of the
following conditions exist:
a. The applicant has been convicted,
released from incarceration for con-
viction or diverted on any of the
crimes set forth herein during the
time period set forth herein;
b. The applicant knowingly failed to
provide all of the information re-
quired on the application;
c. The applicant knowingly gave mate-
rially false, fraudulent or untruthful
information on the application;
d. The applicant has had a manager,
server or entertainer license revoked
or suspended in this or any other
city during the past five (5) years; or
e. The applicant is applying for a li-
cense for a manager, server or enter-
tainer in a bath house or body paint-
ing studio and has not produced a
health certificate as required herein.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Secs. 6-63-6-64. Reserved.
DIVISION 3. OPERATING REGULATIONS
Sec. 6-65. Standards of operation.
The following standards of operation shall be
adhered to by all adult-oriented businesses, their
employees and all managers, servers and enter-
tainers and patrons of adult-oriented businesses
while on or about the premises of the business: '
1. Identification cards. Allor any manager,
server or entertainer issued a license un-
der the provisions contained herein shall
,
Supp. No. 15
at all times when working in an adult-
oriented business, have in their posses-
sion a valid identification card issued by
the city, bearing the permit number, the
employee's physical description and a pho-
tograph of such employee. Such identifi-
cation cards shall be laminated to prevent
alteration.
2. Age restriction. Only persons eighteen (18)
years of age or older shall be permitted on
the premises of any adult-oriented enter-
tainment business.
3. Exterior observation. The premises of all
adult-oriented businesses will be so con-
structed as to insure that the interior of
the premises is not observable from the
exterior of the building. In addition, all
windows will be covered to prevent view-
ing of the interior of the building from the
outside and all doorways not constructed
with an anteroom or foyer will be covered
so as to prevent observation of the interior
of the premises from the exterior of the
building.
4. Exterior display. No adult-oriented busi-
ness will be conducted in any manner that
permits the observation of live performers
engaged in an erotic depiction or dance or
any material or persons depicting, describ-
ing or relating to specific sexual activities
or specified anatomical areas, as defined
herein, from any exterior source by dis-
play, decoration, sign, show window or
other opening.
5. Nudity prohibited. No manager, employee,
server, entertainer or patron in an adult-
oriented business shall be nude, or clothed
in less than opaque attire.
6. Certain acts prohibited.
a. No manager, employee, server, enter-
tainer or patron shall perform any
specified sexual activities as defined
herein, wear or use any device or
covering exposed to view which stim-
ulates any specified anatomical area,
use artificial devices or inanimate
objects to perform or depict any of
the specified sexual activities or par-
300
e AMUSEMENTS AND ENTERTAINMENT ~ 6-65
ticipate in any act of prostitution as whether such specitied anatomical
. prohibited by state law or municipal areas are clothed, unclothed, cov-
ordinance while on the premises of ered or exposed.
an adult-oriented business.
d. No entertainer shall solicit, demand
b. All dancing or other live entertain- or receive any payment or gratuity
ment on the licensed premises that from any patron for any act prohib-
is intended to provide sexual stimu- ited herein and while on the pre-
lation or to appeal to, arouse or ex- mises of an adult-oriented business
cite the sexual desire or interests of and no entertainer shall receive any
the patrons shall occur and be per- payment or gratuity from any pa-
formed solely on a platform or stage tron for any entertainment except as
which is raised at least two (2) feet follows:
above the primary level of the cus- 1. While such entertainer is on
tomer floor area. In order to insure the stage a patron may place
the performance area of the stage or such payment or gratuity into a
performance platform is not within container affixed to the stage;
the reach of patrons and to further
insure patrons are unable to touch or
the performers during their perfor- 2. While such entertainer is not
mances, the licensee, owner, opera- on the stage but while on the
tor or manager shall either erect a premises of an adult-oriented
e physical barrier between the perform- business and is clothed so as to
ers and the patrons that effectively not expose to view any speci-
eliminates the touching of the per- tied anatomical area, a patron
formers by the patrons or they shall may either place such payment
paint a clearly discemable boundary or gratuity into the entertainer's
line on the stage surface beyond which hand, or under a leg garter
the performers shall not perform and worn by such entertainer at
which is sufficiently distant from the least four (4) inches below the
forward edge of the stage or perf or- bottom of the pubic region.
mance platform to insure the pa- e. No owner, operator, manager or other
trons cannot touch the performers.
Further, it shall be unlawful for any person in charge of the premises of
person to be upon any portion of the an adult-oriented business shall:
stage during a performance or for an 1. Knowingly permit alcoholic li-
owner, operator or manager to per- quor or cereal malt beverages
mit a patron to be upon any portion to be bought upon the premises
of the stage during the performance. unless authorized to do so by a
No employee, server, entertainer or properly issued and current
c. drinking establishment or ce-
patron of an adult-oriented business real malt beverage license;
while on the premises of an adult- 2. Knowingly allow or permit the
oriented business shall knowingly
. touch, fondle or caress any specitied sale, distribution, delivery or
anatomical area of another person, consumption of any controlled
or knowingly permit another person substance or illegal drug or nar-
to touch, fondle or caress any speci- cotic on the premises;
e tied anatomical area of such em- 3. Knowingly allow or permit any
ployee, server, entertainer or patron, person under the age of eigh-
Supp. No. 15 301
~ 6-65
SALINA CODE
teen (18) to be in or upon the
premises of an adult-oriented
entertainment business;
4. Knowingly allow or permit any
act of prostitution or patroniz-
ing prostitution on the pre-
mises, as prohibited by state
law or municipal ordinance; or
5. Knowingly allow or permit a
violation of this article or any
other city ordinance provision
or state law.
7. Signs Required. All adult-oriented enter-
tainment businesses that provide live en-
tertainment shall conspicuously display
in the common area at the principal en-
trance to the premises, a sign, on which
uppercase letters shall be at least two (2)
inches high, and lowercase letters at least
one (1) inch high, which shall read as
follows:
"THISADULT ENTERTAINMENT BUSI-
NESS IS REGULATED AND LICENSED
BY THE CITY OF SALINA ENTERTAIN-
ERS ARE:
* Not permitted to engage in any type of
sexual conduct or prostitution on the pre-
mises or to fondle, caress or touch the
breasts, pubic region, buttocks or genitals
of any employee, patron or other enter-
tainer or to permit any employee, patron
or other entertainer to fondle, caress or
touch the breasts, pubic region, buttocks
or genitals of said entertainer.
* Not permitted to be nude.
* Not permitted to demand or collect any
payment or gratuity from any customer
for entertainment, except as follows:
While such entertainer is on the
stage, by placing such payment of
gratuity into a box affixed to the
stage; or
While such entertainer is not on the
stage, by either placing such pay-
ment or gratuity into the entertainer's
hand, or under the entertainer's leg
garter.
Supp. No. 15
CUSTOMERS ARE:
* Not permitted to be upon the stage
at any time.
* Not permitted to touch, caress or
fondle the breasts, pubic region, but-
tocks or genitals of any employee,
server, entertainer or patron or en-
gage in solicitation for prostitution.
8. Lighting Required. The premises of all
adult-oriented business shall be equipped
with overhead lighting of every place to
which customers are permitted access, at
an illumination of not less than one (1)
footcandle, as measured at the floor level,
and such illumination must be main-
tained at all times that any customer or
patron is present in or on the premises.
9. Closed booths or rooms prohibited. The
premises of all adult-oriented businesses
shall be physically arranged in such a
manner that the entire interior portion of
any booths, cubicles, rooms or stalls is
visible from a common area of the pre-
mises. Visibility shall not be blocked or
obscured by doors, curtains, drapes or any
other obstruction whatsoever.
10. Ventilation and sanitation requirements.
The premises of all adult-oriented busi-
nesses shall be kept in a sanitary condi-
tion. Except as otherwise provided herein,
separate dressing rooms and rest rooms
for men and women shall at all times be
maintained and kept in a sanitary condi-
tion.
11. Hours of operation. No adult-oriented busi-
ness may be open or in use between the
hours of 2:00 a.m. and 9:00 a.m. on any
day other than a Sunday when the busi-
ness may not be open between the hours
of 2:00 a.m. and 12:00 noon.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-66. License Posting or display.
(a) Every person licensed as an adult-oriented
business shall post such license in a conspicuous
place and manner on the adult-oriented business
premises.
302
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AMUSEMENTS AND ENTERTAINMENT
~ 6-73
.
(b) Every person holding a server, manager or
entertainer license shall post his or her license in
his or her work area on the adult-oriented busi-
ness premises so it shall be readily available for
inspection by city authorities responsible for en-
forcement of this article.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-67. Manager on premises.
(a) A manager shall be on duty at all adult-
oriented businesses at all times the premises are
open for business. The name of the manager on
duty shall be prominently posted during business
hours.
e
(b) It shall be the responsibility of the man-
ager to verify that any person who provides adult
entertainment or works as a server within the
premises possesses a current and valid enter-
tainer or server's license and that such licenses
are prominently posted. It shall also be the re-
sponsibility of the manager to insure minors do
not enter upon the premises of an adult-oriented
entertainment business.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-68. Inspectors and inspections.
All adult-oriented businesses shall permit rep-
resentatives of the police department or any other
city official acting in their official capacity to
inspect the premises as necessary to insure the
business is complying with all applicable regula-
tions and laws.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sec. 6-69. Regulations.
.
The city manager shall have the power to
promulgate regulations as may be necessary and
feasible for the carrying out of the duties of
his/her office and which are not inconsistent with
the provisions of this article.
(Ord. No. 99-9964, ~ 1, 1-3-00)
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Sees. 6-70-6-72. Reserved.
Supp. No. 15
DIVISION 4. SUSPENSION, REVOCATION,
NON-RENEWAL, APPEAL
Sec. 6-73. Suspension, revocation, non-re-
newal or appeal.
Whenever the city manager has information
that:
(1) The owner or operator of an adult-ori-
ented business has violated, or knowingly
allowed or permitted the violation of any
of the provisions of this article; or
(2) There have been recurrent violations of
provisions of this article which have oc-
curred under such circumstances that the
owner or operator of an adult-oriented
business knew or should have known that
such violations were committed; or
(3) The license was knowingly obtained
through false statements in the applica-
tion for such license or renewal thereof; or
(4) The licensee knowingly failed to make a
complete disclosure of all information in
the application for such license, or re-
newal thereof; or
(5) The owner, operator or any partner, or
any corporate officer or director holding
an adult-oriented business license has be-
come disqualified from having a license
by a conviction as provided herein; then
the city manager shall, upon five (5) days
written notice to the licensee, conduct a
hearing to determine whether the license
should be suspended or revoked. Based on
the evidence produced at the hearing, the
city manager may take any of the follow-
ing actions:
(a) Suspend the license for up to ninety
(90) days;
(b) Revoke the license for the remainder
of the license year; or
(c) Place the license holder on adminis-
trative probation for a period of up to
one (1) year, on the condition that no
further violations of the ordinance
occur during the period of probation.
If a violation does occur, and after a
303
~ 6-73
SALINA CODE
hearing the violation is determined
to have actually occurred, the license
will be revoked for the remainder of
the license year.
A license holder may appeal a sus-
pension or revocation to the Govern-
ing Body in the same manner as a
license application disapproval.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Sees. 6-74-6-78. Reserved.
DIVISION 5. PENALTY
See. 6-79. Penalty.
It shall be unlawful for any person to violate
any of the provisions ofthis article. Upon convic-
tion thereof, the general penalty and continuing
violations section set forth in Salina Code Section
1-10 shall apply.
(Ord. No. 99-9964, ~ 1, 1-3-00)
Supp. No. 15
304
[The next page is 345)
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.
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.
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Art. I.
Art. II.
Art. m.
Art. IV.
Art. V.
Art. VI.
Art. VII.
Art. VIII.
Chapter 7
ANIMALS.
In General, it 7-1-7-15
Administration and Enforcement, U 7.16-7-30
Restriction on Owning Animals, it 7-31-7-45
Responsibilities of Persons Owning Animals, AA 7-46-7-70
Animal Protections Responsibility of All Persons, AA 7-71-
7.90
Registration of Cats and Dogs, it 7-91-7-115
Licensing of Commercial Animal Establishments, Ai 7-116-
7-135
Impoundment, Recovery and Adoption of Animals at Ani-
mal Shelter, it 7.136-7-140
.Cross reference-Animals prohibited in parks, ~ 27-17.
Supp. No. 12
345
e
ARTICLE I. IN GENERAL
.
Sec. 7-1. Definitions.
The following words and phrases, when used in
this chapter, shall have the meanings respectively
ascribed to them:
0) Animal means any live vertebrate crea-
ture, domestic or wild, other than hu-
mans, and including all fowl.
(2) Animal hospital means any facility which
has the primary function of providing
medical and surgical care for animals and
is operated by a currently licensed veter-
inarian.
e
(3) Animal shelter means the facility or facil-
ities operated by the city or its authorized
agents for the purpose of impounding or
caring for animals under the authority of
this chapter or state law.
(4) Attack means violent or aggressive phys-
ical contact with a person or domestic
animal or violent or aggressive behavior
that confines the movement of a person.
(5) Bite means any penetration of the skin by
teeth.
(6) Cat means any member of the Felis Catus
Family, male or female, regardless of age.
(7) Cattene means any establishment where
more than four (4) purebred cats, regis-
tered under any nationally recognized cat
fancy group, society or association, are
kept as a hobby or profit, where the breed-
ing of such animals is for the improve-
ment of the breed, and where such cats
are kept in a specific, indoor, enclosed
area at all times. Any catterie owner shall
reside only in "A-I", Agricultural, "1-2",
Light Industrial, and "1-3", Heavy Indus-
trial, zoning districts of the city, except
that any person operating a catterie in
any residential zoning district of the city
at the time of the adoption of this chapter
shall be permitted to continue catterie
operation at such location, provided that
such catterie is continuously licensed with
the city from June 1, 1980 onward.
.
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Supp. No. 15
ANIMALS
P-l
(8) Chief of police means the duly appointed,
highest ranking officer in charge of the
police department or his authorized rep-
resentatives.
(9) Commercial animal establishment means
any pet shop, grooming shop, auction,
riding stable, guard dog service, kennel,
hobby breeder, catterie, animal shelter,
other than that operated by the city, ani-
mal hospital, business keeping animals in
stock for retail or wholesale trade, or any
establishment performing one or more of
the principal activities of the aforemen-
tioned establishments.
(0) Dangerous animal means:
(a) Any animal which has exhibited a
vicious propensity toward persons or
domestic animals and is capable of
inflicting serious physical harm or
death to humans and which would
constitute a danger to human life or
property;
(b) Any animal which, without provoca-
tion, attacks or bites, or has at-
tacked or bitten, a human being or
domestic animal; or
(c) Any animal owned or harbored for
the purpose of animal fighting, or
any animal trained for animal fight-
ing.
(11) Dog means any member of the Canis
Familiaris, male or female, regardless of
age.
(2) Exotic animal means:
(a) Any mammal not generally accus-
tomed to live in or near human pop-
ulations.
(b) Poisonous reptiles of any length. Non-
poisonous reptiles over 8 feet in
length.
(c) Poisonous arthropods (Le., poison-
ous scorpions, poisonous spiders, etc.).
(d) All non human primates.
(e) All animals protected from hunting
and capture by federal and state law.
347
~ 7-1
SALINA CODE
(0 The definition of exotic animal shall
also include, but is not limited to:
antelope, badgers, bears, bison, any
member of the large cat family (lion,
cheetah, etc.), crocodilians, coyotes,
deer, elephant, elk, game cock and
other fighting birds, hippopotami, hy-
enas, llama, moose, ostriches, pot-
bellied pigs, raccoons, rhinoceroses,
skunks, and wolves.
(13) Fowl means any animal that is included
in the zoological class Aves.
(14) Harboring means any person who shall
allow any animal to habitually remain or
lodge or be fed within his home, yard,
enclosure, place of business or any other
premises where he resides or which he
controls.
(15) Health officer means the city-county health
officer, or his authorized representatives,
including any employee of the city-county
health department.
(16) Hobby breeder means any person who
owns more than four (4) but less than
twenty (20) purebred, registered dogs over
the age of nine (9) months, which are
habitually boarded and lodged within the
person's domicile or yard; and who, fur-
thermore, provides a fenced and/or totally
enclosed exercise area; and provided, fur-
thermore, that such animals are, at all
times, kept in the fenced or enclosed area,
except when under the personal and im-
mediate control of the owner. To be con-
sidered a hobby breeder, a person must be
a member, in good standing, of any na-
tional dog fancy association; and provided
furthermore, that the purpose and intent
of breeding the animals is as a hobby and
for the sole improvement of the breed.
(17) Household means all persons living in the
same dwelling unit.
(18) Humane live animal trap means any cage
trap that upon activation encloses an an-
imal without placing any physical re-
straint upon any part of the body of such
animal.
Supp. No. 15
(19) Humane officer means any staff person
employed at the city animal shelter.
(20) Humanely euthanize means the proper
injection of a substance that quickly and
painlessly terminates the life of an ani-
mal, or any method approved by the Amer-
ican Veterinary Medical Association.
(21) Inhumane or cruel treatment or manner
means any treatment to any animal which
deprives the animal of necessary suste-
nance, including sufficient and whole-
some food, potable water and protection
from weather, or any treatment of any
animal such as overloading, overworking,
tormenting, beating, mutilating or teas-
ing, or other abnormal treatment that
causes suffering to such animal.
(22) Kennel means any premises upon which
five (5) or more cats and dogs are kept,
boarded, bred, trained for a fee, bought,
and/or sold, except for commercial animal
establishments otherwise enumerated in
this chapter. Any kennel shall be located
only in "A-1", Agricultural, "1-2", Light
industrial, or "1-3", Heavy industrial, zon-
ing districts of the city, except that any
person operating a kennel for cats or dogs
in any residential zoning district of the
city at the time of adoption of this chapter
shall be permitted to continue kennel
operation at such location, provided that
such kennel is continuously licensed with
the city from June 1, 1980 onward.
(23) Large animal means any swine, bovine,
goat, sheep, beast of burden or any other
domestic or wild animal of similar or
larger size.
(24) Microchip means a small electronic device
inserted beneath the skin, between the
shoulder blades, of an animal which can
be scanned for identification purposes.
(25) Neutered means any male or female cat or
dog that has been permanently rendered
sterile.
(26) Owner means the person owning, keep-
ing, possessing or harboring any animal;
or any person who feeds or shelters any
348
e
.
stray animal for seventy-two (72) or more
consecutive hours without reporting such
animal to the animal shelter or who pro-
fesses ownership of such animal. If a
minor owns an animal, then any house-
hold head of which such minor is a mem-
ber shall be deemed the owner of such
animal under this chapter and shall be
responsible as the owner, whether or not
such household head is himself a minor. If
not a member of a household, such minor
shall be directly subject to the provisions
of this chapter.
(27) Premises means any parcel of land and
any structure thereon in which anyani-
mal regulated by this chapter is housed
and/or confined.
(28) Proper tattoo means a legible, indelibly
marked number corresponding to a sys-
tem approved by the health officer.
(29) Registration tag means any system of
animal identification approved by the city
clerk which does not involve alteration or
permanent marking of any animal.
(30) Small animal means any animal not within
the definition of large animal, but includ-
ing all dogs without reference to size.
(31) Summons means a violation notice requir-
ing the violator to appear before the mu-
nicipal judge, or in lieu of such appear-
ance, pay such fine as is prescribed in this
chapter.
(32) Supervisor. The use of this title through
this chapter shall be a reference to the
supervisor of animal control and protec-
tion and any or all humane officers as-
signed work under the direct control of
the supervisor of animal control and pro-
tection who may act through staff to per-
form any duty under this chapter unless
otherwise specifically stated.
(33) To permit means to allow, consent, let, to
acquiesce by failure to prevent or to ex-
pressly assent or agree to the doing of an
act.
(34) Vicious means a cross, ferocious or dan-
gerous disposition or a habit, tendency or
e
.
e
Supp_ No. 15
ANIMALS
P-2
disposition to approach any person or
domestic animal in an attitude of attack
when there is no provocation; or to snap
at, attack or bite any person or other
domestic animal when there is no provo-
cation.
(35) Weatherproof enclosure means a shelter
consisting of four walls, a roof and a floor.
The fourth side will contain an opening
large enough to provide access to the
animal.
(36) Wild animal means any animal which is
predominately free-roaming as opposed to
domesticated, and includes those animals
defined as exotic animals and any rabies
carrying species for which no antirabies
vaccine has been approved by the Centers
for Disease Control.
(Ord. No. 80-8794, ~ 1(8-1), 4-28-80; Ord. No.
80-8801, ~ 1, 7-21-80; Ord. No. 90-9371, ~~ 1, 14,
2-12-90; Ord. No. 96-9747, ~ 1,6-17-96; Ord. No.
99-9938, ~ 1, 8-2-99)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 7-2. Removal and disposal of dead ani-
mals.
(a) The supervisor shall be responsible for the
removal of any dead animal found within the city,
except as otherwise provided in this section. In
this section the term "dead animal" shall exclude
any animal lawfully and humanely killed for food.
(b) No person having in his possession any
dead animal shall permit the same to remain in or
upon any private or public place without at once,
upon the death or the discovery of the animal,
giving notice to the supervisor.
(c) At large, dead animals shall be removed
and appropriately disposed of by the owner or
proprietor of the premises promptly after the
death or discovery of such animal. If not so
removed or properly disposed of, such animal
shall be removed by the supervisor at actual cost
to the property owner or proprietor.
(d) Except as prescribed in subsection (e), any
small, dead animal upon private property shall be
removed by the supervisor as soon as possible
349
~ 7-2
SALINA CODE
after notice is given. For the occasional removal of
small animals from private premises, there shall
be no charge.
(e) For the removal of small, dead animals
from animal hospitals, the animals shall be re-
ported to the supervisor and held under condi-
tions satisfactory to the supervisor pending pickup.
The charge for such removal shall be established
by resolution.
(Ord. No. 80-8794, ~ 1(8-136), 4-28-80)
Sec. 7-3. Emergency treatment of sick or in-
jured cats and dogs.
(a) Any sick or injured cat or dog found at
large in the city and wearing a current city
registration tag, identification tag or rabies vac-
cination tag or having a proper tattoo marking or
microchip shall be taken at once to a veterinarian
for examination and treatment, and the owner of
such animal shall be promptly notified. All charges
for veterinary services shall be borne by such
owner.
(b) Any sick or injured cat or dog found at
large in the city without such identifying tag,
tattoo or microchip shall be examined at once by
the supervisor and held at the animal shelter as
prescribed in section 7-138.
(Qrd. No. 80-8794, ~ 1(8-137), 4-28-80; Ord. No.
99-9938, ~ 1, 8-2-99)
Sec. 7-4. Penalties.
(a) Wherever, in this chapter, any act is pro-
hibited or is declared to be unlawful or the per-
formance of any act is required or the failure to do
any act is declared to be unlawful and no specific
penalty or penalty range is provided by another
subsection of this section, the violation of any
provision in this chapter shall be punished by a
fine of not more than five hundred dollars ($500.00),
or by imprisonment for a period not exceeding six
(6) months, or by both such fine and imprison-
ment, at the discretion of the court. Each day any
violation ofthis chapter continues shall constitute
a separate offense.
Supp. No. 15
(b) Any person issued a summons for any of
the following sections of this chapter:
Sec. 7-47. Proper identification of cats and dogs
required
Sec. 7-48. Running at large prohibited; exemp-
tions
Sec. 7-49. Animal nuisance activities prohibited
Sec. 7-50. Excessive animal noise prohibited
Sec. 7-54. Rabies vaccination of cats and dogs
required
Sec. 7-91. Registration of cats and dogs required
may settle out of court by making the following
payment prior to the court date set on the sum-
mons:
(1) First offense: $25.00.
(2) Second offense: $50.00.
(c) Any person issued a summons for any of
the following sections of this chapter:
Sec. 7-32. Limitation on numbers of animals
owned; exemptions
Sec. 7-51. Proper confinement of cats and dogs in
heat required
Sec. 7-58. Proper maintenance of animal yard
structures and pens required
Sec. 7-116. Licensing of commercial animal estab-
lishments required
may settle out of court by making the following
payment in person or by mail prior to the court
appearance date prescribed on the summons:
(1) First offense: $50.00.
(2) Second offense: $100.00.
(d) In the event settlement is made out of
court, and receipt given therefor, the person com-
mitting such offense shall be deemed to have
pleaded nolo contendere and no prosecution for
the alleged offense for which the alleged offender
has so settled shall be thereafter instituted or
maintained in municipal court.
350
e
.
(e) If the alleged offender fails to pay the
requisite fine or fails to appear in court on the
date set by the summons, then a warrant shall be
issued for the arrest of the alleged offender.
(f) If the alleged offender shall have previously
twice settled out of court and/or been convicted of
such offense, helshe shall not be permitted to
settle the current alleged offense out of court, but
shall be required to stand trial in municipal court.
Also, any person given a summons because he had
violated the standing regulations of the health
officer shall not be permitted to waive trial or
settle the instant alleged offense by mail.
(g) Any person convicted of five (5) or more
violations of the provisions of this chapter shall be
prohibited from owning any animal within the
city.
(Ord. No. 80-8794, ~ 1(8-148), 4-28-80; Ord. No.
90-9371, ~~ 2, 14, 2-12-90)
e
Sec. 7-5. Dangerous or vicious animals.
The court shall have the authority to declare
an animal vicious because of the inherently dan-
gerous nature of the animal as to persons or to
other domestic animals, its history of attack or
wounding of persons or other domestic animals,
the seriousness of these attacks or wounds, or its
potential to inflict wounds in the future. Such
declaration shall be grounds for the impound-
ment and humane euthanizing of the animal. Ifit
is determined by the chief of police that an animal
presents a danger to persons, such determination
shall be grounds for immediate impoundment of
the animal pending the determination by the
court of whether the animal is to be declared
vicious. Costs of the impoundment shall be as-
sessed to the animal owner, as defined in this
chapter.
.
(a) Prohibited. It is unlawful for any owner,
as defined in this chapter, who keeps any
animal within the city limits to allow the
following, which are declared to be public
nuisances and prohibited:
(1) To permit such animal to attack or
bite any person or animal that is not
upon the premises of the owner.
e
Supp. No. 15
ANIMALS
P-5
(2) To permit such animal to attack or
bite any person or animal that is
upon the premises of the residence of
such owner. It shall be an affirma-
tive defense to this subparagraph
that the use of such animal to attack
or bite any person was necessary to
prevent or apprehend a person en-
gaged in committing an act of vio-
lence, robbery or theft upon the prop-
erty.
(3) To permit such animal kept by such
owner within or upon the premises
of any business establishment to at-
tack or bite any person or animal
upon such premises. It is an affirma-
tive defense to this subparagraph
that the use of such animal to attack
or bite any person was necessary to
prevent or apprehend a person en-
gaged in committing an act of vio-
lence, robbery or theft upon the prop-
erty.
(b) Exception. The proVISIons of subsection
(a) shall not apply to any law enforcement
officer who uses or employs a dog while
engaged in law enforcement activities,
nor to any owner of any dog which attacks
or bites a person engaged in physically
attacking or striking such owner.
(c) Complaint and notice to appear.
(1) Any person who witnesses or has
other personal knowledge that an
act or acts made unlawful by the
provisions of this section have been
committed in violation of said provi-
sions may sign a complaint against
the alleged violator.
(2) Any police officer or humane officer
of the city is authorized to issue a
uniform complaint and notice to ap-
pear to any person when the officer
personally observes a violation of the
provisions of this section or when
information is received from any per-
son who has personal knowledge that
351
~ 7-5
SALINA CODE
an act or acts which are made un-
lawful by the provisions of this sec-
tion have occurred.
(d) Ex parte hearings and court orders.
The municipal court of the city is
authorized to hold ex parte (without
notice to or the presence of the owner
of the animal) hearings to determine
whether there are reasonable grounds
to believe that an animal may con-
stitute a danger to any person or
persons if not impounded. If, after
the hearing, the court finds reason-
able grounds exist, the court is au-
thorized to enter orders either on its
own motion or on the motion of the
city prosecutor or the city prosecutor's
authorized representative, to seize
and impound (or continue the im-
poundment of) the animal until the
completion of all trial and legal pro-
ceedings held in the municipal court
of the city to determine whether there
has been a violation of this section. If
an animal is ordered to be impounded
pursuant to this subsection, the owner
of the animal shall be entitled to a
hearing in the municipal court within
fourteen (14) days of impoundment
to review the propriety of the im-
poundment. Costs of the impound-
ment shall be assessed to the owner
of the animal.
(e) Destruction of animal. Upon an ini-
tial conviction of this section, if the
municipal court judge finds that the
animal represents a continuing threat
of serious harm to human beings or
other domestic animals, he may or-
der the animal humanely euthanized.
Upon a second or subsequent convic-
tion of this section involving the same
animal as involved in the prior con-
viction, the judge shall order that
the animal be humanely euthanized.
(Ord. No. 96-9747, ~ 2, 6-17-96; Ord. No. 99-9938,
~ 1, 8-2-99)
Secs. 7.6-7.15. Reserved.
Supp. No. 15
ARTICLE II. ADMINISTRATION AND
ENFORCEMENT.
Sec. 7-16. Duties of the city manager.
Except where otherwise provided, it shall be
the duty of the city manager, through the chief of
police and the supervisor, to administer and en-
force the provisions of this chapter directly or
through staff assigned to be supervised by the
supervisor. The supervisor shall keep a record of
all animal shelter transactions and all enforce-
ment and investigative activities conducted by
the supervisor and humane officers.
(Ord. No. 80-8794, ~ 1(8-12), 4-28-80)
Sec. 7-17. Duties of the police department.
It shall be the duty of the police department
officers to enforce the provisions of this chapter
and any regulations issued by the health officer,
and to assist the supervisor in enforcing the
provisions of this chapter.
(Ord. No. 80-8794, ~ 1(8-13), 4-28-80)
Sec. 7-18. Duties of the health officer.
It shall be the duty of the health officer to
administer and enforce the public health provi-
sions of this chapter directly or through staff
assigned to be supervised by the health officer.
The health officer shall issue standing and/or
emergency regulations for rabies control; zoonosis
control; the control or elimination of animal pests;
and animal bite procedures that the officer fmds
necessary to protect the public health, which
regulations shall be filed with the city clerk, the
supervisor and the chief of police.
(Ord. No. 80-8794, ~ 1(8-14), 4-28-80)
Sec. 7-19. Enforcement procedures.
(a) The supervisor, the health officer and the
chief of police are hereby authorized to issue a
summons to the owner of any animal in violation
of any provision of this chapter, or any regulation
issued by the health officer. Such person may
retain possession of the animal if it is the belief of
"'Cross reference-Administration, Ch. 2.
352
e
.
the officer issuing such summons that such pos-
session is not in conflict with any other provision
of this chapter.
(b) The supervisor, the health officer and chief
of police are hereby authorized to take up and
impound any animal in violation of any provision
of this chapter or any regulation issued by the
health officer, if the person owning such animal
cannot be issued a summons because such person
is not known or not present. Such animal shall be
confined at the animal shelter in a humane man-
ner and shall be released upon satisfactory proof
that the party claiming the animal is entitled to
possession thereof, and upon payment to the
supervisor of all recovery fees established by
resolution.
e
(c) In the interest of animal welfare, any per-
son owning any animal in the city by doing so
does thereby authorize the supervisor, the health
officer, or chief of police to enter upon private
property, other than within the residence, where
such animal is kept, if the officer has probable
cause to believe the animal is being kept in a cruel
or inhumane manner, for the purpose of examin-
ing such animal and impounding such animal at
the animal shelter when, in the examiner's opin-
ion, it is being kept in an unlawfully cruel or
inhumane manner.
(d) Any animal that has bitten a person may
be removed from the property of its owner by the
supervisor, the health officer, or chief of police if
such animal is in violation of examination or
observation requirements prescribed by regula-
tion of the health officer.
(e) The supervisor, the health officer and the
chief of police are hereby authorized to use hu-
mane live animal traps to capture any animal
whose presence on private or public property
constitutes a nuisance to persons or a threat to
the public health or the health of domestic ani-
mals.
.
(f) It is unlawful for any person to interfere
with the duty of the supervisor, the chief of police,
or the health officer by removing, or causing to be
removed, the identification tag of any cat or dog
without the consent of the owner thereof; refusing
to identify himself upon the request of an enforce-
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Supp. No. 15
ANIMALS
~ 7-31
ment officer, when such officer has probable cause
to believe that such person has violated this
chapter; or in any other manner preventing the
lawful discharge of enforcement duties prescribed
by this chapter.
(Ord. No. 80-8794, ~ 1(8-15), 4-28-80)
Sees. 7-20-7-30. Reserved.
ARTICLE III. RESTRICTIONS ON
OWNING ANIMALS
Sec. 7-31. Prohibited owning; exemptions.
(a) The owning, harboring, keeping, possess-
ing or selling of any wild, exotic, poisonous or
vicious animal within the city limits is hereby
prohibited.
This prohibition shall not apply to:
(1) Those wild or exotic animals kept under a
rehabilitation or scientific and exhibition
permit of the Kansas Wildlife and Parks
Department.
(2) Zoos, circuses, carnivals, veterinarian clin-
ics in possession of such animals during
treatment, educational institutions or med-
ical institutions.
(3) Persons temporarily transporting such an-
imals through the city.
(b) The owning of any fowl within the city
limits is hereby prohibited, except:
(1) Caged birds kept as pets within a resi-
dence structure; or
(2) Ducks and geese with a minimum offour
hundred (400) square feet of water per
duck or goose. Each location is limited to a
maximum of fifteen (15) water fowl; or
(3) The owning of chickens shall be limited to
a maximum of fifteen (15) per residence,
kept in accordance with section 7-33;
(4) Pigeons, kept in accordance with section
7-33;
(5) Other domestic fowl, kept in accordance
with section 7-31(c)(2).
353
~ 7-31
SALINA CODE
(c) No livestock, including but not limited to
horses, mules, cattle, sheep, goats, and swine,
shall be owned, or maintained within the city
limits, except:
(1) Horses which are used for riding purposes
may be stabled within the city limits only
in designated areas which have been given
a special permit for the purpose by the
City-County Health Department. Such des-
ignated areas, for the purpose of health
and sanitation, shall be under the super-
vision of the health officer. If at any time
such designated areas shall become a nui-
sance or a fly-breeding or rat-infested
area, the health officer shall have the
authority to revoke such special permit
within ten (10) days after notifying the
board of commissioners.
(2) Livestock in conjunction with livestock
auctions, livestock shows and rodeos given
a permit by the City-County Health De-
partment.
(d) It shall be unlawful for any veterinarian
within the city to fail to report to the supervisor
the examination or treatment of any animal that
is owned or maintained in violation of this chap-
ter.
(Ord. No. 80-8794, ~ 1(8-26), 4-28-80; Ord. No.
87-9178, ~ 1,4-6-87; Ord. No. 90-9371, *~ 3, 14,
2-12-90; Ord. No. 96-9747, * 3, 6-17-96; Ord. No.
96-9773, ~ 1, 12-2-96; Ord. No. 99-9938, ~ 1,
8-2-99)
State law reference-Permitting dangerous animal to be
at large, K.S.A. 21-3418.
Sec. 7-32. Limitation on numbers of animals
owned; exemptions.
When animals in excess of the limits estab-
lished in the Salina Code are found at a residence
all of the animals found at the residence may ~
removed by the supervisor and impounded, ex-
cept that the person in charge of the residence
may designate and retain up to those limits
established in the Code.
(Ord. No. 80-8794, ~ 1(8-27), 4-28-80; Ord. No.
00-9938, ~ 1, 8-2-99)
Supp. No. 15
Sec. 7-33. Location of yard housing for ani-
mals.
(a) It shall be unlawful for any person to
maintain any chicken coop, pigeon cote, or rabbit
hutch closer than fifty (50) feet to the nearest
portion of any building occupied by or in any way
used by any person, other than the dwelling
occupied by the owner of the animals. Any yard
housing for the animals shall be subject to the
maintenance requirements prescribed in section
7 -58, and any yard enclosure shall be so construc-
tion and maintained that any animal kept therein
is securely confined and prevented from escaping
therefrom.
(b) No chickens, pigeons, ducks or geese shall
reside within the living area of the owner's resi-
dence.
(Ord. No. 80-8794, ~ 1(8-28), 4-28-80; Ord. No.
00-9938, ~ 1, 8-2-99)
Sec. 7-34. Keeping bees.
It shall be unlawful for any person, either as
owner or as agent, representative, employee or
bailee of any owner, to keep or harbor any bees
within the limits of the city without having first
obtained a special permit therefor from the board
of commissioners. Any person desiring to obtain a
permit to keep bees within the city limits shall file
an application with the city clerk who shall refer
the same to the health officer. The health officer
shall investigate the proposed premises and file
his written report and recommendations with the
board of commissioners. After reviewing the re-
port from the health officer, the board of commis-
sioners may grant the applicant permission to
keep bees upon his premises within the city limits
upon such terms and conditions as it may specify.
Any permit granted by the board of commission-
ers hereunder shall be subject to revocation in the
event said applicant shall fail to comply with the
terms and conditions of the special permit or if
the keeping of the bees becomes a nuisance,
health hazard or detrimental to the general wel-
fare of the residents the city.
(Code 1966, ~ 23-166)
Sees. 7.35-7-45. Reserved.
354
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.
ARTICLE ~ RESPONSmILITIES OF
PERSONS OWNING ANIMALS
e
Sec. 7.46. Animal care requirements and pro-
hibition of animal cruelty.
(a) It shall be unlawful cruelty to animals for
any person to own any animal and:
(1) Fail to provide such sufficient and whole-
some food; potable water; shade and pro-
tection from the weather, which shall in-
clude a structurally sound, weatherproof
enclosure large enough to accommodate
the animal, but not so large that it would
not retain body heat adequately; opportu-
nity for exercise, veterinary care when
needed to treat injury or illness, unless
the animal is instead humanely
euthanized; or other care as is needed for
the health or well-being of such kind of
animal; or
(2) Abandon or leave any animal in any place.
For the purpose of this provision, "aban-
don" means for the owner or keeper to
leave any animal without demonstrated
or apparent intent to recover or to resume
custody; leave any animal for more than
twelve (12) hours without providing for
adequate food, potable water, and shelter
for the duration of the absence; or turn or
release any animal for the purpose of
causing it to be impounded; or
(3) Leave any animal unattended in a vehicle
when such vehicle does not have adequate
ventilation and temperature to prevent
suffering, disability or death to such ani-
mal.
(b) Any animal impounded for being kept in
violation of this section or section 7-71 may be
humanely euthanized by the supervisor if he
deems it necessary to relieve suffering. The owner
of any animal that is not euthanized shall be
entitled to regain custody of such animal only
after such custody is authorized by the court. All
expenses accrued for the treatment or care of such
animal shall be paid by the owner, whether or not
he seeks to regain custody of such animal.
(Ord. No. 80-8794, ~ 1(8-39), 4-28-80; Ord. No.
90-9371, ~~ 2, 14, 2-12-90; Ord. No. 99-9938, ~ 1,
8-2-99)
.
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Supp_ No. 15
ANIMALS
~ 7-49
Sec. 7-47. Proper identification of cats and
dogs required.
It shall be unlawful for any person owning any
cat or dog to permit such animal to be outside the
residence structure of such owner without a cur-
rent city registration tag and a current rabies
vaccination tag attached to the collar or harness
of such animal. It shall be unlawful for any person
to permit a city registration or rabies vaccination
tag to be worn by any animal other than the
animal for which such tag is issued.
(Ord. No. 80-8794, ~ 1(8-40), 4-28-80; Ord. No.
90-9371, ~~ 5, 14,2-12-90)
Sec. 7.48. Running at large prohibited; ex-
emptions.
It shall be unlawful for the owner of any
animal to permit such animal to run at large
within the city at any time. Any animal shall be
deemed running at large when such animal is not
inside a resident structure, secure fence, or pen;
on a leash held by a person capable of controlling
such animal; or tethered in such a manner as to
prevent its getting onto public rights-of-way or
another's property. This provision shall not apply
to pigeons or to cats, which shall, however, be
kept under reasonable restraint to prevent such
nuisance activities as are prohibited in section
7-49.
(Ord. No. 80-8794, ~ 1(8-41), 4-28-80; Ord. No.
99-9938, ~ 1, 8-2-99)
Sec. 7-49. Animal nuisance activities prohib-
ited.
(a) The owner of any animal shall take all
reasonable measures to keep such animal from
becoming a nuisance. For the purpose of this
provision, "nuisance" is defined as any animal
which:
(1) Molests or interferes with persons in the
public right-of-way;
(2) Attacks or injures persons, or other do-
mestic animals;
(3) Damages public or private property by its
activities or with its excrement;
(4) Scatters refuse that is bagged or other-
wise contained;
355
~ 7-49
SALINA CODE
(5) Causes any condition which threatens or
endangers the health or well-being of per-
sons or other animals.
(b) If a summons is issued charging violation
of this section, a subpoena shall also be issued to
the complainant to testify to the nuisance under
oath.
(Ord. No. 80-8794, ~ 1(8-42) 4-28-80)
Sec. 7-50. Excessive animal noise prohib-
ited.
It shall be unlawful for the owner of any
animal to permit such animal to make noise
which is so loud or continuous that is disturbs a
person of normal sensibilities. If a summons is
issued charging violation of this section, a sub-
poena shall also be issued to the person who has
been disturbed to testify to the disturbance under
oath.
(Ord. No. 80-8794, ~ 1(8-43), 4-28-80; Ord. No.
90-9371, ~~ 6, 14,2-12-90)
Sec. 7-51. Proper confinement of cats and
dogs in heat required.
The owner of any female cat or dog shall,
during the period that such animal is in heat,
keep it securely confined and enclosed within a
building except when out upon such person's
premises briefly for toilet purposes.
(Ord. No. 80-8794, ~ 1(8-44), 4-28-80)
Sec. 7-52. Special registration of guard dogs
and posting of premises required.
(a) Any person owning a trained guard dog (for
the purpose of this section, meaning a dog used to
guard public or private property) in the city shall
register such dog with the supervisor, who shall
verify that such animal is controllable by its
keeper and is confined in a manner that will not
endanger persons not on the premises guarded.
(b) A conspicuous notice shall be posted on the
premises where any guard dog is kept to warn
persons of the nature of the dog therein confined.
(c) Any person operating a guard dog service
in the city shall register such business with the
supervisor and shall list all premises to be guarded
with the supervisor before such service begins.
(Ord. No. 80-8794, ~ 1(8-45), 4-28-80)
Supp. No. 15
Sec. 7-53. Annual registration of cats and
dogs required; exception.
Any person owning any cat or dog over one
hundred twenty (120) days of age shall register
such cat or dog as prescribed in Article VI of this
chapter, except for persons who shall be required
to license as a commercial animal establishment
under the control and provisions of Article VII of
this chapter.
(Ord. No. 80-8794, ~ 1(8-46), 4-28-80; Ord. No.
94-9633, ~ 1, 5-16-94)
Sec. 7-54. Rabies vaccination of cats and
dogs required.
Any person owning any cat or dog over one
hundred twenty (120) days of age shall be re-
quired to have such animal currently immunized
against rabies. For the purpose of this chapter,
"currently immunized or vaccinated against ra-
bies" shall mean that such cat or dog has been
inoculated against rabies by a licensed veterinar-
ian within the past thirty-six (36) months. How-
ever, cats and dogs under one year of age which
are inoculated mst receive a second rabies inocu-
lation within twelve (12) months. This provision
shall not apply to any catterie breeder duly li-
censed under the provisions of this chapter.
(Ord. No. 80-8794, ~ 1(8-47), 4-28-80; Ord. No.
83-8964, ~ 1, 6-6-83; Ord. No. 88-9260, ~ 1, 7-11-
88)
Sec. 7-55. Animals in public buildings pro-
hibited; exemptions.
No animal shall be allowed to enter any the-
atre, store, or other public building in the city,
whether accompanied by its owner or person in
charge or otherwise, except with the approval of
the building's owner or manager. Dogs trained to
assist the blind or deaf are exempt from this
provision.
(Ord. No. 80-8794, ~ 1(8-48), 4-28-80)
Sec. 7-56. Removal of animal feces required.
The owner of any animal, when such animal is
off the owner's property, shall be responsible for
the removal of any feces deposited by such animal
on public walks, streets, recreation areas, or pri-
vate property and it shall be a violation of this
356
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section for such owner to fail to remove or provide
for the removal of such feces before taking such
animal from the immediate area where such
defecation occurred.
(Ord. No. 80-8794, ~ 1(8-49), 4-28-80)
Sec. 7-57. Duty to report dog bites.
The owner, as defined in this chapter, of any
dog, cat or ferret shall immediately report to the
animal shelter, health department or police de-
partment any incident in which the animal has
actually bitten any person or domestic animal,
regardless of circumstances, and shall cause the
animal to be confined in a secure enclosure or
building until an investigation is conducted by
the proper authority.
(Ord. No. 80-8794, ~ 1(8-54), 4-28-80; Ord. No.
96-9747, ~ 4, 6-17-96; Ord. No. 99-9938, ~ 1,
8-2-99)
e
Sec. 7-58. Proper maintenance of animal
yard structures and pens required.
(a) It shall be unlawful for any person to keep
or maintain any animal in any yard structure or
area that is not clean, dry, and sanitary; free from
debris and offensive odors that annoy any neigh-
bor; and devoid of rodents and vermin.
(b) Excrement shall be removed daily from any
pen or yard area where animals are kept and, if
stored on the premises of any animal owner, shall
be stored in adequate containers with fly-tight
lids.
(c) All animal pens and yard shall be so located
that adequate drainage is obtained, normal dry-
ing occurs, and standing water is not present.
(d) All earthen yards or runways wherein chick-
ens are kept shall be spaded, then limed once
every three (3) months from the month of April
through the month of December. All structures or
pens wherein chickens are kept shall be sprayed
to control flies and other insects.
(e) All premises on which animals are kept
shall be subject to inspection by the health officer.
If the health officer determines from such inspec-
tion that the premises are not being maintained
in a clean and sanitary manner, he shall notify
the owner of the animals in writing to correct the
.
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Supp. No. 15
ANIMALS
~ 7-73
sanitation deficiencies within twenty-four (24)
hours after notice is served on him. Upon the
second such notice within a twelve-month period,
the owner shall be issued a summons for violation
of this section. Any animal kept under any condi-
tion which could endanger the public or animal
health or create a health nuisance may be im-
pounded. Animals shall be released after fees are
paid and cause for impoundment has been cor-
rected.
(Ord. No. 80-8794, ~ 1(8-51), 4-28-80; Ord. No.
90-9371, ~ 7, 2-12-90)
Sees. 7-59-7-70. Reserved.
ARTICLE ~ ANIMAL PROTECTION
RESPONSIBILITY OF ALL PERSONS.
Sec. 7-71. Cruelty generally.
No person shall willfully and wantonly kill,
beat, cruelly ill-treat, torment, overload, over-
work, or otherwise abuse any animal, or cause,
instigate or permit any dog fight, cock fight, or
other combat between animals or between ani-
mals and humans, nor shall any person attend
such unlawful exhibition or be umpire or judge at
such.
(Ord. No. 80-8794, ~ 1(8-62), 4-28-80)
Sec. 7-72. Report of motor vehicles striking
animals.
The operator of a motor vehicle which strikes
any animal shall, as soon as possible, report the
accident to the supervisor or the police depart-
ment.
(Ord. No. 80-8794, ~ 1(8-62), 4-28-80)
Sec. 7-73. Offering animals as prizes or busi-
ness inducements prohibited.
No person shall offer to give any live animal as
a prize or as a business inducement.
(Ord. No. 80-8794, ~ 1(8-62), 4-28-80)
.State law reference-Injury to a domestic animal, K.S.A.
21-3727.
357
~ 7-74
SALINA CODE
Sec. 7-74. Selling of certain animals prohib.
ited.
(a) It shall be unlawful for any person to sell or
display within the city any animal or fowl that
has been artificially dyed or colored. Fowl or
rabbits younger than eight (8) weeks of age may
not be sold or offered for sale in quantities of
fewer than five (5) to an individual purchaser.
(b) No wild, exotic, poisonous or vicious animal
may be sold within the city limits, except as
allowed under section 7-31(a).
(Ord. No. 80-8794, ~ 1(8-62), 4-28-80; Ord. No.
99-9938, ~ 1, 8-2-99)
Sec. 7-75. Exposing poison to animals.
No person shall expose any known poisonous
substance whether mixed with food or not, so that
the same shall be liable to be eaten by any animal,
provided that it shall not be unlawful for a person
to expose, on his own property, poison mixed with
only vegetable substances.
(Ord. No. 80-8794, ~ 1(8-62),4-28-80)
Sec. 7-76. Spring steel traps restricted.
It shall be unlawful for any person to use a
spring steel trap in the city limits except rat,
mice, gopher and mole traps.
(Ord. No. 80-8794, ~ 1(8-62), 4-28-80; Ord. No.
90-9371, ~~ 8, 14,2-12-90)
Sec. 7-77. Killing or molesting birds.
It shall be unlawful for any person to willfully
kill any songbird or to molest the nest of such
birds.
(Ord. No. 80-8794, ~ 1(8-62), 4-28-80)
Sec. 7-78. Retention of animals unlawfully.
No person shall, without the knowledge of
consent of the owner, hold or retain possession of
any animal of which he is not the owner for more
than twenty-four (24) hours without first report-
ing the possession of such animal to the animal
shelter; nor shall any person feed or shelter any
Supp. No. 15
unowned animal for seventy-two (72) or more
consecutive hours without reporting such animal
to the animal shelter.
(Ord. No. 80-8794, ~ 1(8-62), 4-28-80; Ord. No.
90-9371, ~~ 9, 14, 2-12-90)
Sees. 7-79-7-90. Reserved.
ARTICLE VI. REGISTRATION OF CATS
AND DOGS
Sec. 7-91. Required.
(a) It shall be the duty of any person owning in
the city any cat or dog over one hundred twenty
(120) days of age to register such cat or dog with
the city clerk, or his designee, and to renew such
registration upon expiration. The city clerk may
delegate authority to the supervisor to enforce
any sections of this chapter requiring registra-
tion.
(b) The registration period shall begin on the
date the rabies vaccination is given, as follows:
(1) A cat or dog receiving their first inocula-
tion, shall have a registration period of
one (1) year from the date of inoculation.
(2) All others shall have a registration period
of three (3) years from the date of inocu-
lation.
(Ord. No. 80-8794, ~ 1(8-73), 4-28-80; Ord. No.
94-9633, ~ 2, 5-16-94; Ord. No. 94-9638, ~ 1,
7-27-94)
Sec. 7-92. Exemptions.
Any other section of this chapter notwithstand-
ing, the registration provision of this chapter,
shall not apply to any nonresident owner of any
cat or dog while such person is passing through
the city, provided such cat or dog shall remain on
a leash or otherwise effectively restrained while
within the city.
(Ord. No. 80-8794, ~ 1(8-74), 4-28-80)
Sec. 7-93. Fees; exemptions.
(a) The registration fees for cats and dogs shall
be determined by resolution.
358
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(b) As proof of neutering and/or permanent
identification such as tattooing, microchip or other
types of approved identification, the applicant
shall present to the city clerk a validation signed
by a licensed veterinarian.
(c) No registration fee shall be charged to any
owner of a dog trained and being used as a guide
or hearing dog.
(Ord. No. 80-8794, ~ 1(8-75), 4-28-80; Ord. No.
94-9633, ~ 2, 5-16-94; Ord. No. 96-9747, ~ 5,
6-17-96)
Sec. 7-94. Procedure.
e
Registration shall be accomplished at the office
of the city clerk, either in person or by mail, at
any time during the year that a cat or dog reaches
the age of required registration, at any time
during the year that an owner acquires a cat or
dog of required registration age, or within thirty
(30) days after a person owning a cat or dog of
required registration age moves into the city.
(Ord. No. 80-8794, ~ 1(8-76),4-28-80)
Sec. 7-95. Issuance of license.
The city clerk shall issue a license to the owner
under this article upon presentation of:
(1) A certificate of vaccination issued by a
licensed veterinarian within the pre-
scribed period prior to the date of regis-
tration; and
(2) Payment of the prescribed registration
fees.
(Ord. No. 80-8794, ~ 1(8-77),4-28-80)
Sec. 7-96. Receipt constitutes certificate of
registry.
.
The receipt issued for the registration shall
constitute a certificate of registry and evidence of
authorization for the keeping of such cat or dog
within the city and shall be valid for the period of
the registration.
(Ord. No. 80-8794, ~ 1(8-78), 4-28-80; Ord. No.
94-9633, ~ 2, 5-16-94)
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Supp. No. 15
ANIMALS
~ 7-98
Sec. 7-97. Registered in name of household
head.
All cats and dogs so owned in any household
shall be registered in the name of the same
household head.
(Ord. No. 80-8794, ~ 1(8-79),4-28-80)
Sec. 7-98. Tags.
(a) At the time of the issuance ofa certificate of
registry for a cat or dog which is not currently
registered within the City of Salina, the city clerk
shall deliver therewith a registration tag bearing
the registration number of such certificate. The
tag shall be kept on the animal as required in
section 7-47 of this chapter.
(b) A replacement for a lost, stolen or damaged
tag, during the current registration period, shall
be furnished by the city clerk at no additional
charge.
(c) Upon change of animal ownership, any
person acquiring any cat or dog currently regis-
tered with the city shall apply to the city clerk to
transfer such registration to his/her name and no
fee shall be charged.
358.1
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(d) A new registration tag shall not be issued
with each renewal, unless the previous tag is lost,
stolen, damaged or becomes unreadable. The cer-
tificate of registry will show the registration num-
ber of the current tag.
(Ord. No. 80-8794, ~ 1(8-80), 4-28-80; Ord. No.
94-9633, ~ 2, 5-16-94)
Sec. 7.99. Registration assistance by veteri.
narians and registration records.
Any veterinarian practicing within the city,
upon the examination or treatment of any cat or
dog that is required by this article to be registered
but whose owner cannot validate current regis-
tration, shall issue to the owner of such animal a
registration application and instructions for ac-
complishing such registration by mail. The clerk
shall provide to all veterinarians the aforemen-
tioned registration forms. Additionally, any such
veterinarian shall forward monthly to the health
officer a copy of the rabies vaccination certificate
or any cat or dog owned by a Salina resident
which has been vaccinated within the prior month,
or substantially the same information in an alter-
native format deemed suitable by the health
officer.
(Ord. No. 80-8794, ~ 1(8-81), 4-28-80; Ord. No.
90-9371, ~~ 10, 14,2-12-90)
Sec. 7.100. City clerk to maintain file of reg.
istry certificates.
The city clerk shall keep on file a copy of all
certificates of registry issued within the preced-
ing thirty-six (36) months. Such certificates shall
include, but not be limited to, the following infor-
mation: The owner's name, address, and tele-
phone number; an alternate telephone number; a
description of the cat or dog, including name,
breed, color, age, weight, sex and neutered or
unuttered status; notation of proper tatoo mark-
ing, if applicable; the number of the registration
certificate and tag issued; and the expiration date
of the registration.
(Ord. No. 80-8794, ~ 1(8-82), 4-28-80)
Sec. 7.101. City clerk to provide duplicate
records to supervisor.
The city clerk shall provide duplicate registra-
tion records to the supervisor, which shall include
Supp. No. 12
ANIMALS
~ 7-103
monthly reports of new registrations and reports
oflicenses issued to commercial animal establish-
ments.
(Ord. No. 80-8794, ~ 1(8-83), 4-28-80)
Sec. 7.102. Hobby breeders license.
All hobby breeders shall obtain an annual city
license and pay the fee established by resolution
of the board of commissioners. No license shall be
issued until the applicant shall have furnished
satisfactory proof that he meets all the require-
ments of a hobby breeder as specified in section
7-1(11) and a written consent to the issuance of
the license, signed by the adjacent property own-
ers is filed with the city clerk. For the purpose of
this section, adjacent property owner shall mean
the owner of land of which any part thereof lies
within fifty (50) feet of any portion of the hobby
breeders property, and provided that the fifty (50)
feet shall exclude public streets and alleys; pro-
vided however, that this provision shall not apply
to hobby breeders holding a valid hobby breeders
license as of July 1, 1980. Any license issued
hereunder may be revoked at any time for just
cause at the discretion of the city manager.
(Ord. No. 80-8801, ~ 2(8-84), 7-21-80)
Sec. 7.103. Denial, revocation and reinstate-
ment.
(a) Withholding or falsifying information on a
license or registration application shall be grounds
for denial or revocation of such license or regis-
tration.
(b) Any person having been denied a license or
registration may not reapply for a period of thirty
(30) days. Each reapplication shall be accompa-
nied by a fee established by resolution.
(c) No person who has been convicted of cru-
elty to animals shall be issued a registration or a
license.
(d) It shall be a condition of the issuance of any
license or registration that the health officer shall
be permitted to inspect all animals and all prem-
ises where animals are kept at any time and
shall, if permission for such inspection is refused,
revoke the license or registration.
359
t 7-103
SALINA CODE
(e) Any license or registration issued shall be
subject to revocation in the event such licensee or
registrant shall fail to comply with the terms and
conditions of such license or registration, or if the
activity licensed becomes a nuisance, health haz-
ard, or detriment to the safety and welfare of
residents of the city.
(0 Any person whose license or registration is
revoked shall, within ten (10) days thereafter
surrender any animal owned or kept to the super-
visor, who shall determine its disposition, and no
part of the license or registration fee shall be
refunded.
(g) Any person aggrieved by the denial or
revocation of a license or registration may appeal
to the board of commissioners, which body may
either issue, reinstate, or affirm the denial of such
license or registration.
(Ord. ~o. 80-8794, ~ 1(8-110), 4-28-80)
Secs. 7-104-7-115. Reserved.
ARTICLE VII. LICENSING OF
COMMERCIAL ANIMAL
ESTABLISHMENTS*
Sec. 7-116. Required.
It shall be unlawful for any person, either as
owner or agent, representative, employee, or bailee
of an owner, to operate a commercial animal
establishment without being licensed for that
activity as provided in this article.
(Ord. No. 80-8794, ~ 1(8-94), 4-28-80)
Sec. 7-117. Application.
Any person desiring to obtain or annually re-
new a license to operate a commercial animal
establishment shall file an application with the
city clerk.
(Ord. No. 80-8794, ~ 1(8-94), 4-28-80)
Sec. 7-118. Fee; exemptions.
(a) The fee for a license under this article shall
be as prescribed by section 2-2.
.Cr088 reference-Licenses generally, Ch. 20.
Supp. No. 12
(b) No license fee shall be required of the
animal shelter. No license fee shall be required of
any animal hospital.
(c) Any person for the first time beginning to
operate a commercial animal establishment shall
pay the applicable license fee at least thirty (30)
days prior to the start of such operation.
(Ord. No. 80-8794, ~ 1(8-94, 8-95, 8-98), 4-28-80)
Sec. 7-119. Procedure.
Upon the receipt of the license application and
fee, the city clerk shall refer such application to
the health officer, who shall investigate the prem-
ises and file a written report and recommendation
with the city clerk. If the application is approved
by the health officer, the city clerk shall issue the
applicant a license to operate the activity under
such conditions as the health officer shall specify
in the report.
(Ord. No. 80-8794, ~ 1(8-96), 4-28-80)
Sec. 7-120. Transferability.
Licenses for commercial animal establish-
ments shall not be transferable.
(Ord. No. 80-8794, ~ 1(8-99), 4-28-80)
Sec. 7-121. Expiration; renewal.
All licenses shall expire on December 31 of the
current year. Licensees shall be advisj:ld by writ-
ten notice of the city clerk sixty (60) days prior to
the license expiration date, for the purpose of
renewal. The licensee shall then apply to the city
clerk for license renewal at least thirty (30) days
prior to the license expiration date to assure
continuous licensing.
(Ord. No. 80-8794, ~ 1(8-97), 4-28-80; Ord. No.
94-9647, ~ 1, 8-22-94)
Sec. 7-122. Denial, revocation and reinstate-
ment.
(a) Withholding or falsifying information on a
license application shall be grounds for denial or
revocation of such license.
(b) Any person having been denied a license
may not reapply for a period of thirty (30) days.
Each reapplication shall be accompanied by a fee
established by resolution.
360
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(c) No person who has been convicted of cru-
elty to animals shall be issued a license.
(d) It shall be a condition of the issuance of any
license that the health officer shall be permitted
to inspect all animals and all premises where
animals are kept at any time and shall, if permis-
sion for such inspection is refused, revoke the
license.
(e) Any license issued shall be subject to revo-
cation in the event such licensee shall fail to
comply with the terms and conditions of such
license, or if the activity licensed becomes a nui-
sance, health hazard, detriment to the safety and
welfare of residents of the city.
(f) Any person whose license is revoked shall,
within ten (10) days thereafter surrender any
animal owned or kept to the supervisor, who shall
determine its disposition, and no part of the
license fee shall be refunded.
(g) Any person aggrieved by the denial or
revocation of a license may appeal to the board of
commissioners, which body may either issue, re-
instate, or affirm the denial of such license.
(Ord. No. 80-8794, ~ 1(8-110), 4-28-80)
Secs. 7-123-7-135. Reserved.
ARTICLE VIII. IMPOUNDMENT,
RECOVERY AND ADOPTION OF ANIMALS
AT ANIMAL SHELTER
Sec. 7-136. Notification of capture and im-
poundment.
Upon the taking and impoundment of any cat
or dog wearing a current city registration or
rabies vaccination tag or having a proper tattoo
marking, the supervisor shall notify the owner of
such animal of its impoundment and conditions
under which the animal can be recovered. Such
notice shall be given by telephone or in writing
within forty-eight (48) hours of the impoundment
of such animal. Any owner so notified who fails to
reclaim such animal within twenty-four (24) hours
of such notice shall be issued a summons for
failure to reclaim.
(Ord. No. 80-8794, ~ 1(8-121), 4-28-80; Ord. No.
90-9371, ~~ 11, 14, 2-12-90)
Supp. No. 12
ANIMALS
~ 7-139
Sec. 7-137. Ownerofimpoundedanimalmay
be processed against for viola-
tion of any applicable section or
sections.
The owner of any impounded animal who does
not recover such animal may still be processed
against for violation of any applicable section or
sections of this chapter.
(Ord. No. 80-8794, ~ 1(8-122), 4-28-90)
Sec. 7-138. Period for holding animals.
Any impounded cat or dog not recovered by its
owner within a holding period of three (3) busi-
ness days shall become the property of the city
and may be offered for adoption or humanely
euthanized, subject to the following exceptions:
(1) When any cat or dog is given to the city by
its owner to be offered for adoption or
humanely euthanized;
(2) When any cat or dog not having proper
identification arrives at the shelter in
such a condition that, in the judgement of
the supervisor, compassion requires that
such animal be promptly and humanely
euthanized.
(Ord. No. 80-8794, ~ 1(8-123), 4-28-80; Ord. No.
90-9371, ~ 12, 2-12-90)
Sec. 7-139. Procedure and fees for recovery
of animals.
(a) Any owner of an impounded dog or cat shall
be entitled to recover such animal if, within the
prescribed holding period, such person shall ap-
pear to claim such animal and shall make pay-
ment of the required fees and any veterinary
expenses. The required fees shall be established
by resolution.
(b) If an owner cannot validate current rabies
immunization for his animal, then such owner
shall, within three (3) business days, accomplish'
such vaccination with a licensed veterinarian or
shall be issued a summons for violation of this
section.
(c) Any owner of any cat or dog impounded
more than one time within a twelve-month period
shall be responsible for paying all applicable fees
and shall be issued a summons.
361
~ 7-139
SALINA CODE
(d) The owner of any animal given to the city
to be offered for adoption or humanely euthanized
shall be required to make payment of a fee estab-
lished by resolution.
(Ord. No. 80-8794, ~ 1(8-124), 4-28-80; Ord. No.
90~9371, ~~ 13, 14, 2-12-90; Ord. No. 91-9478, ~ 1,
11-25-91)
Sec. 7-140. Procedure and fees for adopting
JUlimals.
(a) Any cat or dog not recovered by its owner
within the prescribed holding period may be of-
fered for adoption by a new adult,owner.
(b) The supervisor shall collect such fees for
animal adoption as are established by resolution.
(c) Such rabies vaccination as is prescribed in
section 7-139(b) shall also be required.
(d) Any person adopting any dog or cat must
agree in writing to have said animal neutered and
rabies immunized. The supervisor shall adopt
such rules and regulations pertaining thereto
which will insure compliance with these require-
ments.
(Ord. No. 80-8794, ~ 1(8-125), 4-28-80; Ord. No.
83-8964, ~ 2, 6-6-83)
(The next page is 409]
Supp. No. 12
362
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Chapter 7.5
RESERVED.
*Editor's note-Section 1 of Ord. No. 91-9436, adopted April 15, 1991, repealed Ch. 7.5, ~ 7.5-1 in its entirety. Formerly, Ch.
7.5 pertained to licensing for auctions and auctioneers and derived from the Code of 1966, fifi 20-38, 20-39, 20-69.
Supp. No.9
[The next page is 459]
409
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BUILDINGS AND STRUCTURAL APPURTENANCES.
Chapter 8
Art. I.
Art. n
Art. III.
Art. IV.
Art. V.
Art. VI.
Art. VUe
Art. VUI.
Art. IX.
e
Art. :x.
Art. XI.
Art. XII.
Art. XlU.
Art. XIv.
Art. xv.
Art. XVI.
Art. XVII.
.
In General, ~~ 8-1-8-15
Building Codes Advisory and Appeals Board, !I~ 8-16-8-35
Building Code, llll 8-36-8-50
General License Requirements, ~ll 8-51-8-65
Electrical Code, tt 8-66-8-175
Div. 1. Generally, ~~ 8-66-8-75
Div. 2. Administration and Enforcement, ~~ 8-76-8-110
Subdiv. 1. In General, ~~ 8-76-8-95
Subdiv. II. Reserved, ~~ 8-96-8-110
Div. 3. Electrical Contractors, ~~ 8-111-8-130
Div. 4. Electrical Mechanics, ~~ 8-131-8-150
Div. 5. Permits and Inspections, ~~ 8-151-8-175
Plumbing Code, !Ill 8-176-8-235
Div. 1. Generally, ~~ 8-176-8-200
Div. 2. Plumbers, ~~ 8-201-8-225
Div. 3. Reserved, ~~ 8-226-8-245
Reserved, ll!l 8-246-8-280
Mechanical Code, !Ill 8-281-8-330
Div. 1. Generally, ~~ 8-281-8-290
Div. 2. Mechanical Contractors, ~~ 8-291---8-310
Div. 3. Permits and Inspections, ~~ 8-311-8-330
Code for Abatement of Dangerous Buildings, !Ill 8-331---8-
350
Demolition, Removal or Relocation of Buildings, ll!l8-351-
8-380
Div. 1. Generally,!l~ 8-351-8-360
Div. 2. Permit, ~~ 8-361---8-380
Sign Code, !Ill 8-381-8-400
Fences, Wall and Hedges, !Ill 8-401-8-425
Reserved, llll 8-426-8-460
Private Swimming Pools, llll 8-461-8-475
Reserved, !Ill 8-476-8-499
Structures Damaged hy Fire, Explosion, or Windstorm,
llll 8-500-8-507
ContractorslTradesman Registration, llll 8-508-8-518
e
.Cross references-Fire prevention and protection, Ch. 14; flood prevention and control, Ch. 15; housing, Ch. 18; mobile
homes and trailers, Ch. 22; planning, Ch. 29; public utilities, Ch. 31; solid waste, Ch. 34; streets, sidewalks and other public places;
Ch. 35; subdivision regulations, Ch. 36; water and sewers, Ch. 41; zoning regulations. Ch. 42.
Supp. No. 16
459
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-20
ARTICLE I. IN GENERAL
.
Sec. 8-1. Payment of fees.
All fees required to be paid by this chapter
shall be paid to the city clerk and no permit
required hereunder shall be valid until the fee
therefor has been paid to the city clerk.
(Code 1966, ~ 9-5)
Sec. 8-2. License suspended if inspection fee
not paid.
Wherever in this chapter an inspection fee is
required, and the fee is not paid on or before the
tenth of the month following the making of the
inspection, the license of the person liable for the
fee shall be suspended until such time as the fee
is paid.
(Code 1966, ~ 9-6)
Sec. 8-3. Notices of violations.
e
All notices of violations issued by the building
official shall be in writing and shall contain a
specific period of time allotted for compliance.
(Code 1966, ~ 9-7)
Secs. 8-~15. Reserved.
ARTICLE II. BUILDING CODES
ADVISORY AND APPEALS BOARD.
Sec. 8-16. Created.
There is hereby created the building codes
advisory and appeals board (hereinafter referred
to as "the board") for the purpose of consolidating
the functions previously performed by the build-
ing code advisory board, board of building code
appeals, electrical code panel, electrical board of
examiners, board of plumbing examiners, board
.
e
-Editor's note-Ord. No. 86-9164, ~ I, adopted November
3, 1986, enacted a new Art. II, ~~ 8-16-8-24. Former Art. II,
~~ 8-16-8-20, concerning the building code advisory board,
was repealed by ~ 2 ofOrd. No. 86-9164, and derived from the
Code of 1966, ~ 9-8.
Cross reference_Administration, Ch. 2; boards and
commissions generally, ~ 2-136 et seq.
Supp. No. 16
of plumbing appeals, housing advisory and ap-
peals board, and mobile home craftsman board of
examiners.
(Ord. No. 89-9164, ~ 1, 11-3-86; Ord. No. 88-9281,
~ 2, 10-17-88)
Sec. 8-17. Membership.
The board shall consist of eleven (11) members,
including one (1) of each of the following:
(1) Licensed architect.
(2) Licensed structural engineer.
(3) Realtor.
(4) Plumbing contractor.
(5) Master or journeyman plumber.
(6) Electrical contractor.
(7) Master or journeyman electrician.
(8) Licensed mechanical engineer.
(9) Heating and air-conditioning contractor.
(10) Home building contractor.
(11) General contractor.
(Ord. No. 86-9164, ~ 1, 11-3-86; Ord. No. 00-
10011, ~ 1, 11-13-00)
Sec. 8-18. Appointment and term.
Members of the board shall be appointed by the
mayor, with the consent of the board of city
commissioners. Three (3) of the initial members
shall be appointed to a one-year term, three (3) to
a two-year term, three (3) to a three-year term,
and three (3) to a four-year term. All subsequent
appointments shall be for a four-year term. No
member shall serve more than two (2) consecutive
terms.
(Ord. No. 86-9164, ~ I, 11-3-86)
Sec. 8-19. Compensation.
The members of the board shall serve without
compensation.
(Ord. No. 86-9164, ~ 1, 11-3-86)
Sec. 8-20. Officers.
The board shall elect one (1) of its members as
chairman for a term of one (1) year. The chairman
461
II 8-20
SALINA CODE
shall preside at all meetings of the board. The
board shall elect, in the same manner and for the
same term, one (1) of its members as vice-
chairman who shall act as chairman during the
absence of the chairman.
(Ord. No. 86-9164, ~ 2, 11-3-86)
Sec. 8-21. Quorum.
Six (6) members ofthe board shall constitute a
quorum for the purpose of conducting the board's
business.
(Ord. No. 86-9164, ~ I, 11-3-86; Ord. No. 00-
10011, ~ I, 11-13-00)
Sec. 8-22. Purpose.
The purpose of the board shall be to:
(1) Study all uniform codes and local ordi-
nances adopted by the city regarding the
residential and commercial building in-
dustry.
(2) Make recommendations to the board of
city commissioners regarding any updat-
ing of the city building codes.
(3) Act in an advisory capacity to the board of
city commissioners on any requests for
ordinance changes affecting the city build-
ing codes.
(4) Serve as a board of appeals to hear any
appeal from a code interpretation by the
chief building official.
(5) Recommend rules and regulations to be
adopted by resolution of the board of city
commissioners regarding the registration
and licensure of contractors, tradesman,
plumbers, and electricians, including rules
and regulations.
(Ord. No. 86-9164, ~ I, 11-3-86; Ord. No. 00-
10011, ~ 2, 11-13-00)
Sec. 8-23. Appeal procedure.
Any appeal to be heard by the board must be
filed within ten (10) calendar days from the date
of the chief building official's decision promoting
the appeal. Such appeal must be filed in the city's
permits and inspections department office on a
Supp. No. 16
form provided by that office. The appeal shall
then be placed on the agenda of the next regularly
scheduled meeting of the board.
(Ord. No. 86-9164, ~ I, 11-3-86)
Sec. 8-24. Meetings.
The board shall determine its own meeting
schedule. Special meetings of the board may be
called at the discretion of the chairman or the
vice-chairman in the event the chairman is un-
available to consider the request for a special
meeting.
(Ord. No. 86-9164, ~ I, 11-3-86; Ord. No. 88-9281,
~ 3, 10-17-88)
Sees. 8-25-8-35. Reserved.
ARTICLE III. BUILDING CODE.
Sec. 8-36. Uniform Building Code adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stan-
dards to safeguard life or limb, health, property,
and public welfare by regulating and controlling
the design, construction, quality of materials,
location, operation, alteration, repair, mainte-
nance, use and occupancy of all buildings and
structures within the city and certain equipment
specifically regulated therein, that certain build-
ing code known as the Uniform Building Code,
recommended and published by the International
Conference of Building Officials, being particu-
larly the 1997 edition not including appendices
thereto, except as amended in this article of the
Salina Code, of which not fewer than three (3)
copies have been, and are now filed in the office of
the city clerk and the same are hereby incorpo-
rated as fully as if set out at length herein and the
"Editor's note-Sections 1 and 3 of Ord. No. 98-9852,
adopted Feb. 2, 1998, repealed former llll 8-36, 8-36.1, 8-39,
and 8-40-8-42, relative to the building code, and reenacted
said sections to read as herein set out. See the Code Compar-
ative Table for further derivation thereof.
462
e
BUILDINGS, STRUCTURAL APPURTENANCES
o 8-36.2
.
provisions thereof shall be .controlling in the con-
struction of all buildings and structures therein
contained within the corporate limits of the city.
(Ord. No. 98-9852, ~ 1, 2-2-98; Ord. No. 01-10025,
~ 1, 3-5-01)
State law reference-Authority to incorporate standard
codes by reference, KS.A 12-3009 et seq.
Note-See the editor's note following Art. III.
Sec. 8.36.1. Amendment of Section 106.2 of
the Uniform Building Code.
[Section 106.2 of the Uniform Building Code is
amended to read as follows:]
106.2 Work Exempt from Permit. A building
permit shall not be required for the following:
1. One-story detached accessory build-
ings used as tool and storage sheds,
playhouses, and similar uses, pro-
vided the floor area does not exceed
120 square feet (11.15 m2).
Oil derricks.
e
2.
3.
Movable cases, movable counters and
movable partitions not over 5 feet 9
inches (1753 mm) high.
Retaining walls that are not over 4
feet (1219 mm) in height measured
from the bottom of the footing to the
top of the wall, unless supporting a
surcharge or impounding Class I, II
or III-A liquids.
Water tanks supported directly upon
grade if the capacity does not exceed
5,000 gallons (18 927 L) and the
ratio of height to diameter or width
does not exceed 2:1.
6. Platforms, uncovered decks, walks
and driveways not more than 30
inches (762 mm) above grade and
not over any basement or story be-
low.
4.
5.
.
7. Painting, papering and similar fin-
ish work.
8. Temporary motion picture, televi-
sion and theater stage sets and scen-
ery.
9. Window awnings supported by an
exterior wall of Group R, Division 3,
e
Supp. No. 16
and Group U Occupancies when pro-
jecting not more than 54 inches (1372
mm).
10. Prefabricated swimming pools acces-
sory to a Group R, Division 3 Occu-
pancy with the capacity for not more
than two feet of water.
11. Roof coverings not involving struc-
tural components.
12. Installation of replacement windows
not requiring wall or structural
changes, however the lack of a re-
quirement for a permit does not al-
low the installation of windows
smaller than required for light, ven-
tilation or egress.
13. Installation of exterior siding.
Unless otherwise exempted, separate plumb-
ing, electrical and mechanical permits will be
required for the above-exempted items.
Exemption from the permit requirements of
this Code shall not be deemed to grant autho-
rization for any work to be done in any manner
in violation of the provisions of this Code or any
other laws or ordinances of this jurisdiction.
(Ord. No. 01-10025, ~ 1, 3-5-01)
Sec. 8-36.2. Amendment of Section 107.2 of
the Uniform Building Code.
[Section 107.2 of the Uniform Building Code is
amended to read as follows:]
107.2 Permit Fees. The fee for each permit
shall be as set forth in the fee schedule adopted
pursuant to section 2-2 of the Salina Code of
Ordinances, which is 60% of the amounts es-
tablished by the 1997 Uniform Building Code.
The determination of value or valuation un-
der any of the provisions of this Code shall be
calculated by the Building Official using the
most current version of the "Building Valuation
Data" as published by the International Con-
ference of Building Officials in the publication
"Building Standards". Guidelines are as fol-
lows:
a. Renovation of an existing residential
structure use - 30% of the cost of new
construction.
463
~ 8-36.2
SALINA CODE
b. Renovations of an existing nonresi-
dential structure use - 20% of the
cost of new construction.
c. Additions are to be calculated using
the per square foot cost of new con-
struction.
d. When a specific occupancy is not
listed in the "Building Valuation Da-
ta" an occupancy most similar to it
that is listed is to be used.
The determination of value or valuation un-
der any of the provisions of this Code shall be
made by the building official. The value to be
used in computing the building permit and
building plan review fees shall be the total
value of all construction work for which the
permit is issued, as well as all finish work,
painting, roofing, electrical, plumbing, heating,
air conditioning, elevators, fire extinguishing
systems and any other permanent equipment.
The valuation is determined by the total con-
struction cost, including material and labor,
even though the labor may be performed by the
owner.
(Ord. No. 01-10025, ~ 1, 3-5-01)
Sec. 8-36.3. Amendment of Section 107.3 of
the Uniform Building Code.
[Section 107.3 of the Uniform Building Code is
amended to read as follows:]
107.3 Plan Review Fees. When submittal
documents are required by Section 106.3.2, a
non-refundable plan review fee for commercial
projects shall be paid at the time of document
submittal for plan review. Said plan review fee
shall be 20 percent of the building permit fee or
a minimum of $30.00 as established in Section
107.2 and shall apply toward the building
permit fee.
When submittal documents are incomplete
or changed so as to require additional plan
review, an additional plan review fee shall be
charged at the rate established in Section 107.2.
The plan review fee specified in this paragraph
is in addition to the building permit fees.
(Ord. No. 01-10025, ~ 1, 3-5-01)
Supp. No. 16
Sec. 8-36.4. Amendment of Section 108.5.5 of
the Uniform Building Code.
[Section 108.5.5 of the Uniform Building Code
is amended to read as follows:]
Section 108.5.5 of the Uniform Building Code
is hereby deleted.
(Ord. No. 01-10025, ~ 1, 3-5-01)
Sec. 8-36.5. Amendment of Section 304.4 of
the Uniform Building Code.
[Section 302.4 of the Uniform Building Code is
amended to read as follows:]
302.4 Fire Ratings for Occupancy Separa-
tions. Occupancy separations shall be provided
between the various groups and division of
occupancies as set forth in Table 3-B. For
required separation of specific uses in Group I,
Division 1 hospitals and nursing homes, see
Table 3-C. See also Section 504.6.1.
EXCEPTIONS:
1. A three-hour occupancy separation
may be used between a Group A,
Division 1 and a Group S, Division 3
Occupancy used exclusively for the
parking or storage of private or plea-
sure-type motor vehicles provided no
repair or fueling is done. A two-hour
occupancy separation may be used
between a Group A, Division 2,2.1,3
or 4 or E or I occupancy and a Group
S, Division 3 Occupancy used exclu-
sively for the parking or storage of
private or pleasure-type motor vehi-
cles provided no repair or fueling is
done.
2. Unless required by Section 311.2.2,
the three-hour occupancy separation
between a Group R, Division 1 Occu-
pancy and a Group S, Division 3
Occupancy used only for the parking
or storage or private or pleasure-
type motor vehicles with no repair or
fueling may be reduced to two hours.
Such occupancy separation may be
further reduced to one hour where
464
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-36.8
.
the area of such Group S, Division 3
Occupancy does not exceed 3,000
square feet (279 m2).
3. In the one-hour occupancy separa-
tion between Group R, Division 3
and Group U Occupancies, the sep-
aration may be limited to the instal-
lation of materials approved for one-
hour fire-resistive construction on
the garage side (or standard 1/2 inch
sheet rock with joints properly fin-
ished on all garage walls and ceil-
ings) and a self-closing, tightfitting
solid-wood door 13/8 inches (35 mm)
in thickness, or a self-closing, tightfit-
ting door having a fire-protection
rating of not less than 20 minutes
when tested in accordance with Part
II of UBC Standard 7-2, which is a
part of this Code, is permitted in lieu
of a one-hour fire assembly. Fire
dampers need not be installed in air
ducts passing through the wall, floor
or ceiling separating a Group R, Di-
vision 3 Occupancy from a Group U
Occupancy, provided such ducts
within the Group U Occupancy are
constructed of steel having a thick-
ness not less than 0.019 inch (0.48
mm) (No. 26 galvanized sheet gage)
and have no openings into the Group
U Occupancy.
4. Group H, Division 2 and Group H,
Division 3 Occupancies need not be
separated from Group H, Division 7
Occupancies when such occupancies
also comply with the requirements
for a Group H, Division 7 Occupancy.
(Ord. No. 01-10025, ~ 1, 3-5-01)
e
.
Sec. 8-36.6. Amendment of Section 305.1 of
the Uniform Building Code.
[Section 305.1 of the Uniform Building Code is
amended to read as follows:]
305.1 Group E Occupancies Defined. Group
E Occupancies shall be:
Division 1. Any building used for edu-
cational purposes through the 12th grade
e
Supp. No. 16
by 50 or more persons for more than 12
hours per week or four hours in anyone
day.
Division 2. Any building used for edu-
cational purposes through the 12th grade
by less than 50 persons for more than 12
hours per week or four hours in anyone
day.
Division 3. Any building or portion
thereof used for day-care purposes for
more than 12 persons.
For occupancy separations, see Table 3-B.
(Ord. No. 01-10025, ~ 1, 3-5-01)
Sec. 8-36.7. Amendment of Section 310.5 of
the Uniform Building Code.
[Section 310.5 of the Uniform Building Code is
amended to read as follows:]
310.5 Light, Ventilation and Sanitation. Light
and ventilation shall be as specified in Chapter
12. The number of plumbing fixtures shall not
be less than specified in Section 2902.6.
EXCEPTIONS:
1. In R-3 occupancies a mechanical ven-
tilation system for bathrooms and
laundry rooms may be vented into a
ventilated attic.
2. In R-3 occupancies basement electri-
callighting and mechanical ventila-
tion is an approved alternative to
natural light and natural ventilation
requirements.
(Ord. No. 01-10025, ~ 1, 3-5-01)
Sec. 8-36.8. Amendment of Section 7094.1 of
the Uniform Building Code.
[Section 709.4.1 of the Uniform Building Code
is amended to read as follows:]
709.4.1 General. Parapets shall be provided
on all exterior walls of buildings.
EXCEPTION: A parapet need not be provided
on an exterior wall when any of the following
conditions exist:
1. The wall is not required to be of
fire-resistive construction.
465
~ 8-36.8
SALINA CODE
2. The wall, due to location on property
line, may have unprotected open-
ings.
3. The building has an area of not more
than 1,000 square feet (93 m2) on
any floor.
4. Walls that terminate at roofs of not
less than two-hour fire-resistive con-
struction or roofs constructed en-
tirely of noncombustible materials.
5. One-hour fire-resistive exterior walls
may terminate at the underside of
the roof sheathing, deck or slab, pro-
vided:
5.1 Where the roof-ceiling framing
elements are parallel to the
walls, such framing and ele-
ments supporting such framing
shall not be of less than one-
hour fire-resistive construction
for a width of 5 feet (1524 mm)
measured from the interior side
of the wall for Groups Rand U
Occupancies and 10 feet (3048
mm) for all other occupancies.
5.2 Where roof-ceiling framing ele-
ments are not parallel to the
wall, the entire span of such
framing and elements support-
ing such framing shall not be of
less than one-hour fire-resis-
tive construction.
5.3 Openings in the roof shall not
be located within 5 feet (1524
mm) of the one-hour fire-resis-
tive exterior wall for Groups R
and U Occupancies and 10 feet
(3048 mm) for all other occu-
pancies.
5.4 The entire building shall be pro-
vided with not less than a Class
B roofing assembly.
6. A parapet is not required for build-
ings that are classified as single fam-
ily attached dwellings as defined in
Chapter 42 of the Salina Code of
Ordinances.
(Ord. No. 01-10025, ~ 1, 3-5-01)
Supp. No. 16
Sec. 8-36.9. Amendment of Section 1003.3.3.6
of the Uniform Building Code.
[Section 1003.3.3.6 of the Uniform Building
Code is amended to read as follows:]
1003.3.3.6 Handrails. Stairways shall have
handrails on each side, and every stairway
required to be more than 88 inches (2235 mm)
in width shall be provided with not less than
one intermediate handrail for each 88 inches
(2235 mm) of required width. Intermediate
handrails shall be spaced approximately equally
across with the entire width of the stairway.
EXCEPTIONS:
1. Stairways less than 44 inches (1118
mm) in width or stairways serving
one individual dwelling unit in Group
R, division 1 or 3 Occupancy or a
Group R, Division 3 congregate res-
idence may have one handrail.
2. Private stairways 30 inches (762 mm)
or less in height may have a hand-
rail on one side only.
3. Stairways having less than four ris-
ers and serving one individual dwell-
ing unit in Group R, Division 1 or 3,
or a Group R, Division 3 congregate
residence or Group U Occupancies
need not have handrails.
The top of handrails and handrail exten-
sions shall not be placed less than 34 inches
(864 mm) nor more than 38 inches (965 mm)
above landings and the nosing of treads. Hand-
rails shall be continuous the full length of the
stairs and at least one handrail shall extend in
the direction of the stair run not less than 12
inches (305 mm) beyond the top riser nor less
than 12 inches (305 mm) beyond the bottom
riser. Ends shall be returned or shall have
rounded terminations or bends.
EXCEPTIONS:
1. Private stairways do not require
handrail extensions.
2. Handrails may have starting or vo-
lute newels within the first tread on
stairways in Group R, Division.
466
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BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-36.13
.
3. Occupancies and within individual
dwelling units of Group R, Division 1
Occupancies.
The handgrip portion of handrails shall not
be less than 11/. inches (32 mm) nor more than
2 inches (51 mm) in cross sectional dimension
or the shape shall provide an equivalent grip-
ping surface. The handgrip portion of handrails
shall have a smooth surface with no sharp
corners. Handrails projecting from a wall shall
have a space of not less than 11/2 inches (38
mm) between the wall and the handrail. In R3
Occupancies - exterior stairways - handgrip
width up to 51/2" will be allowed.
(Ord. No. 01-10025, ~ 1, 3-5-01)
e
Sec. 8-36.10. Amendment of Chapter 11 of
the Uniform Building Code.
[Chapter 11 of the Uniform Building Code is
amended to read as follows:]
Buildings or portions of buildings shall be
accessible to persons with disabilities as re-
quired by the Americans with Disabilities Act
Accessibility Guidelines (ADAAG).
(Ord. No. 01-10025, ~ 1, 3-5-01)
.
Sec. 8-36.11. Amendment of Section 2320.8.3
of the Uniform Building Code.
[Section 2320.8.3 of the Uniform Building Code
is amended to read as follows:]
2320.8.3 Framing details. Joists shall be
supported laterally at the ends and at each
support by solid blocking except where the
ends of joists are nailed to a header, band or
rim joist or to an adjoining stud or by other
approved means. Solid blocking shall not be
less than 2 inches (51 mm) in thickness and the
full depth of joist.
EXCEPTION:
Solid blocking shall not be required on the
first and second story floors if the floor mem-
brane is glued in addition to mechanical fas-
teners.
Notches on the ends of joists shall not exceed
one-fourth the joist depth. Holes bored in joists
shall not be within 2 inches (51 mm) ofthe top
e
Supp. No. 16
or bottom of the joist, and the diameter of any
such hole shall not exceed one-third the depth
of the joist. Notches in the top or bottom of
joists shall not exceed one-sixth the depth and
shall not be located in the middle third of the
span.
Joist framing from opposite sides of a beam,
girder or partition shall be lapped at least 3
inches (76 mm) or the opposing joists shall be
tied together in an approved manner.
Joists framing into the side of a wood girder
shall be supported by framing anchors or on
ledger strips not less than 2 inches by 2 inches
(51 mm by 51 mm).
(Ord. No. 01-10025, ~ 1, 3-5-01)
Sec. 8-36.12. Amendment of Section 2320.12.8
of the Uniform Building Code.
[Section 2320.12.8 of the Uniform Building
Code is amended to read as follows:]
2320.12.8 Blocking. Roof rafters and ceiling
joists shall be supported laterally to prevent
rotation and lateral displacement when re-
quired by Division III, Part I, Section 4.4.1.2.
Roof trusses shall be supported laterally at
points of bearing as recommended by the man-
ufacturer.
(Ord. No. 01-10025, ~ 1,3-5-01)
Sec. 8-36.13. Amendment of Section 2902.3
of the Uniform Building Code.
[Section 2902.3 of the Uniform Building Code
is amended to read as follows:]
Section 2902.3 Groups B, F, H, M and S
Occupancies. In Groups B, F, H, M and S
Occupancies, buildings or portions thereof where
persons are employed shall be provided with at
least one water closet. Separate facilities shall
be provided for each sex when the number of
employees exceeds 15 and/or the total occupant
load, including employees and customers ex-
ceeds 15. Such toilet facilities shall be located
either in such building or conveniently in a
building adjacent thereto on the same property.
Such water closet rooms in connection with
food establishments where food is prepared,
stored or served shall have a nonabsorbent
467
~ 8-36.13
SALINA CODE
interior finish as specified in Section 807.1,
shall have hand-washing facilities therein or
adjacent thereto, and shall be separated from
food preparation or storage rooms as specified
in Section 302.6.
For other requirements on water closets, see
Section 2903.
(Ord. No. 01-10025, ~ 1, 3-5-01)
Note-See the editor's note following Art. III.
Sec. 8-37. Definitions for code.
(a) Wherever the term "building official" is
used in the building code or elsewhere in this
Code, it shall be held to mean the official desig-
nated by the city manager to administer this
article.
(b) Wherever the word "city" is used in the
Uniform Building Code, it shall be held to mean
the City of Salina.
(c) Wherever the term "corporation counsel" is
used in the Uniform Building Code, it shall be
held to mean the attorney for the city.
(Code 1966, ~ 9-19; Ord. No. 94-9617, ~ 1,2-7-94)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 8-38. Reserved.
Editor's note-Formerly, ~ 8-37.1 provided for the amend-
ment of ~ 713<0 of the appendix to the building code, and
~ 8-38 amended ~ 1210 of the building code. Such sections,
derived from Ord. No. 82-8922, ~ I, adopted Aug. 2, 1982; Ord.
No. 88-9230, ~ I, adopted Jan. 25, 1988, and Ord. No. 88-9261,
~ I, adopted Aug. I, 1988; were repealed by Ord. No. 94-9617,
adopted Feb. 7, 1994.
Sec. 8.39. Amendment of Section 302.4 of
the Uniform Building Code.
[Section 302.4 of the Uniform Building Code is
hereby amended to read as follows:]
302.4 Fire Ratings for Occupancy Separa-
tions. Occupancy separations shall be provided
between the various groups and divisions of
occupancies as set forth in Table 3-B. For
required separation of specific uses in Group 1,
Division I hospitals and nursing homes, see
Table 3-C. See also Section 504.6. 1.
Supp. No. 16
EXCEPTIONS:
1. A three-hour occupancy separation may
be used between a Group A, Division I and
a Group S, Division 3 Occupancy used
exclusively for the parking or storage of
private or pleasure-type motor vehicles
provided no repair or fueling is done. A
two-hour occupancy separation may be
used between a Group A, Division 2, 2.1, 3
or 4 or E or I Occupancy and a Group S,
Division 3 Occupancy used exclusively for
the parking or storage of private or plea-
sure-type motor vehicles provided no re-
pair or fueling is done.
2. Unless required by Section 311.2.2, the
three-hour occupancy separation between
a Group R, Division I Occupancy and a
Group S, Division 3 Occupancy used only
for the parking or storage of private or
pleasure-type motor vehicles with no re-
pair or fueling may be reduced to two
hours. Such occupancy separation may be
further reduced to one hour where the
area of such Group S, Division 3 Occu-
pancy does not exceed 3,000 square feet
(279 m2).
3. In the one-hour occupancy separation be-
tween Group R, Division 3 and Group U
Occupancies, the separation may be lim-
ited to the installation of materials ap-
proved for one-hour fire-resistive construc-
tion on the garage side, (or 1/2 inch sheetrock
on all garage walls and ceilings), and a
tight-fitting solid-wood door 13/8 inches
(35 rom) in thickness, or a tight-fitting
door having a fire-protection rating of not
less than 20 minutes when tested in ac-
cordance with Part 11 ofU.B.C. Standard
7-2, which is a part of this code, is permit-
ted in lieu of a one-hour fire assembly.
Fire dampers need not be installed in air
ducts passing through the wall, floor or
ceiling separating a Group R, Division 3
Occupancy from a Group U Occupancy,
provided such ducts within the Group U
Occupancy are constructed of steel having
a thickness not less than 0.01 9 inch (0.48
468
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-40
.
COMMON ATMOSPHERE. A
common atmosphere exists be-
tween rooms, spaces or areas
within a building which are not
separated by an approved
smoke-and draft-stop barrier.
SEPARATE ATMOSPHERE. A
separate atmosphere exists be-
tween rooms, spaces or areas
that are separated by an ap-
proved smoke barrier.
SMOKE BARRIER. A smoke
barrier consists of walls, parti-
tions, floors and openings
therein as will prevent the
transmission of smoke or gases
through the construction. See
Section 905.
305.2.2.2 General provisions. The
provisions of this section apply when
a separate exit system is required in
accordance with Section 1017.
Walls, partitions and floors form-
ing all or part of an atmo-
spheric separation shall be as
required by Section 905.2.3.
Glass lights of approved wired
glass set in steel frames may be
installed in such walls or parti-
tions.
All automatic-closing fire as-
semblies installed in the atmo-
spheric separation shall be ac-
tivated by approved smoke
detectors.
The specific requirements ofthis
section are not intended to pre-
vent the design or use of other
systems, equipment or tech-
niques which will effectively pre-
vent the products of combus-
tion from breaching the
atmospheric separation.
305.2.3 Special provisions. Rooms
in Divisions I and 2 Occupancies
used for kindergarten, first or second-
grade pupils, and Division 3 Occu-
pancies shall not be located above or
below the first story.
EXCEPTIONS:
1. Basements or stories having floor
levels located within 4 feet (1219
mm), measured vertically, from ad-
jacent ground level at the point of
exit, provided the basement or story
has exits directly to the exterior at
that level.
2. In buildings equipped with an auto-
matic sprinkler system throughout,
.
mm) (No. 26 galvanized sheet gage) and
have no openings into the Group U Occu-
pancy.
4. Group H, Division 2 and Group H, Divi-
sion 3 Occupancies need not be separated
from Group H, Division 7 Occupancies
when such occupancies also comply with
the requirements for a Group H, Division
7 Occupancy.
(Ord. No. 98-9852, ~ 1, 2-2-98)
Note-See the editor's note following Art. III.
Sec. 8-40. Amendment of Section 305.2 of
the Uniform Building Code.
[Section 305.2 of the Uniform Building Code is
hereby amended to read as follows:]
305.2 Construction, Height and Allowable
Area.
e
305.2.1 General. Buildings or parts of
buildings classed in Group E because of
the use or character of the occupancy
shall be limited to the types of construc-
tion set forth in Table 5- B and shall not
exceed, in area or height, the limits spec-
ified in Sections 504, 505 and 506, except
that the area may be increased by 50
percent when the maximum travel dis-
tance specified in Section 1003.4 is re-
duced by 50 percent.
305.2.2 Atmospheric separation require-
ments.
305.2.2.1 Definitions. For the pur-
pose of this chapter and Section 1017,
the following definitions are applica-
ble:
e
Supp. No. 16
469
fi8-40
SALINA CODE
rooms used for kindergarten, first
and second-grade children or for day-
care purposes may be located on the
second story, provided there are at
least two exits directly to the exte-
rior for the exclusive use of such
occupants.
3. Division 3 Occupancies may be lo-
cated above the first story in build-
ings of Type I construction and in
Types II-F.R., II One-hour and III
One-hour construction, subject to the
limitation of Section 506 when:
3.1 Division 3 occupancies with chil-
dren under the age of seven or
containing more than 12 chil-
dren per story shall not be lo-
cated above the fourth floor;
and
3.2 The entire story in which the
day-care facility is located is
equipped with an approved
manual fire alarm and smoke-
detection system. (See the Fire
Code.) Actuation of an initiat-
ing device shall sound an audi-
ble alarm throughout the en-
tire story. When a building fire
alarm system is required by
other provisions of this code or
the Fire Code, the alarm sys-
tem shall be connected to the
building alarm system.
An approved alarm signal shall
sound at an approved location
in the day-care occupancy to
indicate a fire alarm or sprin-
kler flow condition in other por-
tions of the building; and
3.3 The day-care facility, if more
than 1,000 square feet (92.9
m2) in area, is divided into at
least two compartments of ap-
proximately the same size by a
smoke barrier with door open-
ings protected by smoke-and
draft-control assemblies hav-
ing a fire-protection rating of
not less than 20 minutes. Smoke
Supp. No. 16
470
barriers shall have a fire-resis-
tive rating of not less than one
hour. In addition to the require-
ments of Section 302, occu-
pancy separations between Di-
vision 3 Occupancies and other
occupancies shall be constructed
as smoke barriers. Door open-
ings in the smoke barrier shall
be tight fitting with gaskets
installed as required by Section
1005, and shall be automatic
closing by actuation of the au-
tomatic sprinklers, fire alarm
or smoke-detection system.
Openings for ducts and other
heating, ventilating and air-
conditioning openings shall be
equipped with a minimum Class
I, 250'R (121'C.) smoke damper
as defined and tested in accor-
dance with approved recognized
standards. See Chapter 35, Part
III. The damper shall close upon
detection of smoke by an ap-
proved smoke detector located
within the duct, or upon the
activation of the fire alarm sys-
tem; and
3.4 Each compartment formed by
the smoke barrier has not less
than two exits, one of which is
permitted to pass through the
adjoining compartment; and
3.5 At least one exit from the Divi-
sion 3 Occupancy shall be into
a separate exiting system as
defined in Section 1017; and
3.6 The building is equipped with
an automatic sprinkler system
throughout.
4. In E-1 and E-2 buildings which exist
on May 5, 1994 second grade class
rooms may be located on the second
floor if the following provisions are
met: A. Grade levels in the building
shall be K thru 3rd only. B. Exit
travel distance shall not exceed 75
feet. C. Approval must be granted by
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-43
.
the Fire Department and the Build-
ing Codes Advisory and Appeals
Board.
Stages and platforms. shall be con-
structed in accordance with Chapter
4. For attic space partitions and draft
stops, see Section 708.
305.2.4 Special hazards. Laboratories,
vocational shops and similar areas con-
taining hazardous materials shall be sep-
arated from each other and from other
portions of the building by not less than a
one-hour fire-resistive occupancy separa-
tion. When the quantities of hazardous
materials in such uses do not exceed those
listed in Table 3-D or 3-E, the require-
ments of Sections 307.5.2 and 307.8 shall
apply. When the quantities of hazardous
materials in such uses exceed those listed
in Table 3-D or 3-E, the use shall be
classified as the appropriate Group H
Occupancy.
See Section 1017.7 for exiting from
laboratories in Group E Occupan-
cies.
Equipment in rooms or groups of
rooms sharing a common atmosphere
where flammable liquids, combusti-
ble dust or hazardous materials are
used, stored, developed or handled
shall conform to the requirements of
the Fire Code.
(Ord. No. 98-9852, ~ 1, 2-2-98)
Note-See the editor's note following Art. III.
e
Sec. 8-41. Reserved.
Editor's note-Ord. No. 01-10025, ~ I, adopted March 5
2001, provided for the amendment of Art. III pertaining to the
Uniform Building Code. Formerly ~ 8-41 pertained to amend-
ment of Section 310.5 of the Uniform Building Code. Similar
provisions are now codified as ~ 8-36.7. See the Code Compar-
ative Table.
.
Sec. 8-42. Reserved.
.
Editor's note-Ord. No. 01-10025, ~ I, adopted March 5
2001, provided for the amendment of Art. III pertaining to the
Uniform Building Code. Formerly ~ 8-42 pertained to amend-
ment of Section 709.4 of the Uniform Building Code. Similar
provisions are now codified as ~ 8-36.8. See the Code Compar-
ative Table.
Supp. No. 16
Sec. 8-43. Amendment of Section 2326.8 of
the Uniform Building Code.
[Section 2326.8 of the Uniform Building Code
is hereby amended to read as follows:]
2326.8 Floor Joists.
2326.8.1 General. Spans for joists shall
be in accordance with Tables 23-1-V-J-l
and 23-1-V-J-2.
2326.8.2 Bearing. Except where sup-
ported on a I-inch by 4-inch (25 mm by
102 mm) ribbon strip and nailed to the
adjoining stud, the ends of each joist shall
not have less than 1 JI2 inches (38 mm) of
bearing on wood or metal, or less than 3
inches (76 mm) on masonry.
2326.8.3 Framing details. Joists shall
be supported laterally at the ends and at
each support by solid blocking except where
the ends of joists are nailed to a header,
band or rim joist or to an adjoining stud or
by other approved means. Solid blocking
shall not be less than 2 inches (51 mm) in
thickness and the full depth of joist.
Exception: Solid blocking shall not be
required on the first and second story
floors if the floor membrane is glued in
addition to mechanical fasteners.
Notches on the ends of joists shall not
exceed one-fourth the joist depth. Holes
bored in joists shall not be within 2 inches
(51 mm) of the top or bottom of the joist,
and the diameter of any such hole shall
not exceed one-third the depth of the joist.
Notches in the top or bottom of joists shall
not exceed one-sixth the depth and shall
not be located in the middle third of the
span.
Joist framing from opposite sides of a
beam, girder or partition shall be lapped
at least 3 inches or the opposing joists
shall be tied together in an approved
manner.
Joists framing into the side of a wood
girder shall be supported by framing an-
chors or on ledger strips not less than 2
inches by 2 inches (51 mm by 51 mm).
471
~ 8-43
SALINA CODE
2326.8.4 Framing around openings.
Trimmer and header joists shall be dou-
bled, or of lumber of equivalent cross
section, when the span of the header
exceeds 4 feet (1219 mm). The ends of
header joists more than 6 feet (1829 mm)
long shall be supported by framing an-
chors or joist hangers unless bearing on a
beam, partition or wall. Tail joists over 12
feet (3658 mm) long shall be supported at
header by framing anchors or on ledger
strips not less than 2 inches by 2 inches
(51 mm by 51 mm).
2326.8.5 Supporting bearing partitions.
Bearing partitions perpendicular to joists
shall not be offset from supporting gird-
ers, walls or partitions more than the joist
depth.
Joists under and parallel to bearing par-
titions shall be doubled.
2326.8.6 Blocking. Floor joists shall be
blocked when required by the provisions
of Sections 2306.7 and 2326.8.3.
(Ord. No. 98-9852, ~ 1,2-2-98)
Sec. 8-44. Amendment of Section 2326.12 of
the Uniform Building Code.
[Section 2326.12 of the Uniform Building Code
is hereby amended to read as follows:]
2326.12 Roof and Ceiling Framing.
2326.12.1 General. The framing details
required in this s.ection apply to roofs
having a minimum slope of 3 units verti-
cal in 12 units horizontal (25% slope) or
greater. When the roof slope is less than 3
units vertical in 12 units horizontal (25%
slope), members supporting rafters and
ceiling joists such as ridge board, hips and
valleys shall be designed as beams.
2326.12.2 Spans. Allowable spans for
ceiling joists shall be in accordance with
Tables 23-1-V-J-3 and 23-1-V-J-4. Allow-
able spans for rafters shall be in accor-
dance with Tables 23-1-V-R-l through 23-
I-V-R-12, where applicable.
2326.12.3 Framing. Rafters shall be
framed directly opposite each other at the
Supp. No. 16
472
ridge. There shall be a ridge board at least
I-inch (25 mm) nominal thickness at all
ridges and not less in depth than the cut
end of the rafter. At all valleys and hips
there shall be a single valley or hip rafter
not less than 2-inch (51 mm) nominal
thickness and not less in depth than the
cut end of the rafter.
2326.12.4 Notches and holes. Notching
at the ends of rafters or ceiling joists shall
not exceed one-fourth the depth. Notches
in the top or bottom of the rafter or ceiling
joist shall not exceed one-sixth the depth
and shall not be located in the middle
one-third of the span, except that a notch
not exceeding one-third of the depth is
permitted in the top of the rafter or ceiling
joist not further from the face of the
support than the depth of the member.
Holes bored in rafters or ceiling joists
shall not be within 2 inches (51 mm)
of the top and bottom and their di-
ameter shall not exceed one-third
the depth of the member.
2326.12.5 Framing around openings.
Trimmer and header rafters shall be dou-
bled, or of lumber of equivalent cross-
section, when the span of the header
exceeds 4 feet (1219 mm). The ends of
header rafters more than 6 feet (1829
mm) long shall be supported by framing
anchors or rafter hangers unless bearing
on a beam, partition or wall.
2326.12.6 Rafter ties. Rafters shall be
nailed to adjacent ceiling joists to form a
continuous tie between exterior walls when
such joists are parallel to the rafters.
Where not parallel, rafters shall be tied to
I-inch by 4-inch (25 mm by 102 mm)
(nominal) minimum-size cross-ties. Rafter
ties shall be spaced not more than 4 feet
(1219 mm) on center.
2326.12.7 Purl ins. Purlins to support
roof loads may be installed to reduce the
span of rafters within allowable limits
and shall be supported by struts to bear-
ing walls. The maximum span of2-inch by
4-inch (51 mm by 102 mm) purlins shall
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-52
.
be 4 feet (1219 rom). The maximum span
of the 2-inch by 6-inch (51 rom by 152
rom) purlin shall be 6 feet (I 829 mm) but
in no case shall the purlin be smaller than
the supported rafter. Struts shall not be
smaller than 2-inch by 4-inch (51 rom by
102 mm) members. The unbraced length
of struts shall not exceed 8 feet (2438 mm)
and the minimum slope of the struts shall
not be less than 45 degrees from the
horizontal.
2326.12.8 Blocking. Roof rafters and
ceiling joists shall be supported laterally
to prevent rotation and lateral displace-
ment when required by Section 2306.7.
Roof trusses shall be supported laterally
at points of bearing by solid blocking to
prevent rotation and lateral displace-
ment.
2326.12.9 Roof sheathing. Roof sheath-
ing shall be in accordance with Tables
23-1-8-1 and 23-1-8-2 for wood structural
panels, Tables 23-1-R-1 and 23-1-R-2 for
lumber or Table 23-1-8-3 for particle-
board.
Joints in lumber sheathing shall oc-
cur over supports unless approved
end-matched lumber is used, in which
case each piece shall bear on at least
two supports.
Wood structural panels used for roof
sheathing shall be bonded by inter-
mediate or exterior glue. Wood struc-
tural panel roof sheathing exposed
on the underside shall be bonded
with exterior glue.
2326.12.10 Roofplanking. Planking shall
be designed in accordance with the gen-
eral provisions of this code.
In lieu of such design, 2-inch (51
rom) tongue-and-groove planking may
be used in accordance with Table
23-1-U. Joints in such planking may
be randomly spaced, provided the
system is applied to not less than
three continuous spans, planks are
center-matched and end-matched or
splined, each plank bears on at least
e
.
e
Supp. No. 16
one support, and joints are sepa-
rated by at least 24 inches (610 rom)
in adjacent pieces.
(Ord. No. 98-9852. ~ 1, 2-2-98)
Sec. 8-45. Amendment of Sections 107.3 and
107.4 of the Uniform Building
Code.
[8ections 107.3 and 107.4 of the Uniform Build-
ing Code are hereby amended as follows:]
Section 107.3 of the Uniform Building Code
is hereby deleted.
Section 107.4 of the Uniform Building Code
is hereby deleted.
(Ord. No. 98-9852, ~ 1, 2-2-98)
Sees. 8-46-8-50. Reserved.
ARTICLE IV: GENERAL LICENSE
REQillREMENTS*
Sec. 8-51. Application required.
An applicant for license shall complete an
application form available from the city clerk's
office. The information to be provided includes the
following:
(1) The complete name, mailing address, street
address, and telephone number of the
proposed licensee.
(2) Other pertinent information deemed nec-
essary by the building official.
(Ord. No. 00-10011, ~ 3, 11-13-00)
Sec. 8-52. License to be displayed.
Each licensee must conspicuously post or dis-
play the licensee in the public reception area of
the licensee's place of business.
(Ord. No. 00-10011, ~ 3, 11-13-00)
'"Editor's note-Art. IV, ~ 8-51, formerly relative to the
one- and two-family dwelling code, was repealed by Ord. No.
82-8931, ~ 1, enacted Aug. 2, 1982. Said provisions derived
from Code 1966, ~ 9-450. Subsequently, Ord. No. 00-10011, ~ 3,
adopted Nov. 13, 2000, provided for the addition of a new Art.
IV to read as herein set out.
473
~ 8-53
SALINA CODE
Sec. 8-53. Fee.
The license fees and renewal fees shall be paid
to the city clerk. All fees shall be as prescribed in
section 2-2.
(Ord. No. 00-10011, ~ 3, 11-13-00)
Sec. 8-54. Expiration, renewal of license.
Unless renewed, each license shall expire on
the thirty-first day of December regardless of
when the license was secured.
(Ord. No. 00-10011, ~ 3, 11-13-00)
Sec. 8-55. Deadline for renewal of license.
No renewal license will be issued to any lic-
ensee after January thirty-first. Renewal re-
quests received after that date will be handled as
an initial application.
(Ord. No. 00-10011, ~ 3, 11-13-00)
Sec. 8-56. License not transferable; misuse.
(a) No licensee shall allow hislher license, by
name or other identification, to be transferred,
assigned, or used in any manner directly or indi-
rectly, or for any purpose, by any person other
than the licensee.
(b) No person shall advertise in any manner or
use the title or designation of any licensee regu-
lated herein, unless licensed under the provisions
of this article.
(Ord. No. 00-10011, ~ 3, 11-13-00)
Sec. 8-57. Bond required.
(a) Each licensee shall file with the city clerk's
office a corporate surety bond in the principal
sum of ten thousand dollars ($10,000.00) to be
approved by the city attorney as to form and
surety, conditioned that the principal therein will
save the city free and harmless from all liability
for any injury to persons or property which the
principal, its agents, or employees may cause by
reason of engaging in the business of contracting
in the city, and further conditioned for a full
compliance with the provisions of this article and
the prosecution of such business.
Supp. No. 16
(b) All bonds in force at the time of completion
of any work shall continue in force so far as work
is concerned, for a period of one (1) year from the
date of completion of the work. A new bond or an
extension certificate of an old bond shall be filed
upon the expiration of any bond.
(Ord. No. 00-10011, ~ 3, 11-13-00)
Sec. 8-58. Insurance required.
Each licensee shall procure and maintain in
full force, for the duration of the license, public
liability insurance, with limits of not less than the
maximum liability for claims which could be
asserted against the city, for any number of claims
arising out of a single occurrence or accident
under the Kansas Tort Claims Act, as amended
(currently five hundred thousand dollars
($500,000.00)). Each registrant shall also procure
and maintain in full force, for the duration of the
registration, Workman's Compensation Insur-
ance as required by the State of Kansas. Proof of
coverage for all required insurance policies shall
be on file with the city at all times. Each insur-
ance policy shall contain a clause to the effect that
the policy shall not at any time during the regis-
tration period be canceled or reduced, restricted
or limited, unless the city clerk's office is given
ten (10) days written notice.
(Ord. No. 00-10011, ~ 3, 11-13-00)
Sec. 8-59. Suspension and revocation.
(a) Any licensee provided for in this article
may be suspended or revoked for cause by the city
manager. Acts that may be deemed as sufficient
cause for revocation or suspension of a license
may include but are not limited to the following:
(1) Misrepresentation of a material fact in
obtaining a license.
(2) Fraudulent use of a person or firm's li-
cense.
(3) A willful violation or repeated violations
of the technical codes and other related
city ordinances, or failure to comply with
any lawful order of the building official.
(4) Negligence in providing reasonable safety
measures for the protection of workers
and the public.
474
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-79
.
(5) Bad faith or unreasonable delay in the
performance of work.
(b) Each licensee shall be held responsible for
the violation of these and other related regula-
tions by the licensee by persons or subcontractors
employed by the licensee. The building official
shall notify the licensee in writing at any time the
licensee is under consideration for suspension or
revocation. A date, no less than ten (10) days after
notification is mailed, will be established for a
hearing before the city manager to which the
licensee may appear and be heard. The city man-
ager shall provide, in writing, his decision regard-
ing the status of the licensee.
(c) Appeal. Any suspension or revocation of the
licensee may be appealed to the board of city
commissioners by filing a notice of appeal with
the city clerk's office. The appeal shall be heard by
the board of city commissioners at their next
regularly scheduled meeting. Any decision of the
board of city commissioners shall be subject to
appeal pursuant to applicable state law.
(Ord. No. 00-10011, ~ 3, 11-13-00)
e
Sees. 8-60-8-65. Reserved.
ARTICLE V. ELECTRICAL CODE
DIVISION 1. GENERALLY
.
Sec. 8-66. National Electrical Code adopted.
The design, construction, installation, quality
of materials, location, operation, alteration, re-
pair and maintenance of electrical wiring and
apparatus for the utilization of electric current
shall be made in accordance with the 1996 edition
of the National Electrical Code as published and
sponsored by the National Fire Protection Associ-
ation, which is hereby incorporated, by reference,
and adopted as the electrical code of the city,
except as modified by this article. Not fewer than
three (3) copies have been and are now filed in the
office of the city clerk.
(Code 1966, ~ 9-179; Ord. No. 81-8830, ~ 1, 1-12-
81; Ord. No. 84-8990, ~ 1, 1-19-84; Ord. No.
89-9307, ~~ 1, 2, 2-6-89; Ord. No. 94-9618, ~ 1,
2-7-94 ;Ord. No. 98-9855, ~ 1,2-2-98)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
e
Supp. No. 16
Sec. 8-67. Amendment of Section 210.63 of
the National Electric Code.
[Section 210.63 of the 1996 National Electric
Code is hereby amended to read as follows:]
A 125-volt, single-phase, 15-or 20-ampere-
rated receptacle outlet shall be installed at an
accessible location for the servicing of heating,
air-conditioning, and refrigeration equipment
on rooftops and in attics and crawl spaces. This
is not required for replacement of existing
equipment in the same location. The receptacle
shall be located on the same level and within
25 feet (7.62) of the heating, air-conditioning,
and refrigeration equipment. The receptacle
outlet shall not be connected to the load side of
the equipment disconnecting means.
Exception: Rooftop equipment on one-and
two-family dwellings.
(FPN): See Section 210-8 for ground-fault
circuit-interrupter requirements.
(Ord. No. 98-9855, ~ 2, 2-2-98)
Sees. 8-6S-8-75. Reserved.
DIVISION 2. ADMINISTRATION AND
ENFORCEMENT.
Subdivision 1. In General
Secs. 8-76-8-78. Reserved.
Editor's note-Ord. No. 94-9618, ~ 2, adopted Feb. 7,
1994, repealed ~~ 8-76 and 8-78, Formerly, ~ 8-76 pertained to
qualifications of inspector and ~ 8-78 provided for the building
official to act as inspector in certain instances. Such sections
had been derived from the 1966 Code, ~~ 9-108 and 9-110. Sec.
8-77, being nonsubstantive, was reserved.
Sec. 8-79. General duties of inspector.
The building official or his designee shall have
general supervision over the placing and installa-
tion of all electric light, heat and power wires,
raceways, fixed and stationary appliances, con-
ductors, apparatus, equipment and their supports
in and upon all buildings, shops, outhouses, sheds,
trailer parks, poles and all other structures within
the city, in accordance with the provisions of this
.Cross reference-Administration, Ch. 2.
475
~ 8-79
SALINA CODE
article and the ordinances of the city governing
the placement of electric wiring and appliances
therein.
(Code 1966, ~ 9-111; Ord. No. 94-9618, ~ 2, 2-7-94)
Sec. 8-80. Enforcement by inspector.
It shall be the duty of the building official or his
designee to enforce the provisions of this article
and any other ordinances concerning electric wir-
ing or apparatus.
(Code 1966, ~ 9-112; Ord. No. 94-9618, ~ 2, 2-7-94)
Sec. 8-81. Building official to decide ques-
tions.
The building official or his designee shall de-
cide all questions not provided for in this article
pertaining to installation, operation or mainte-
nance of electric wiring and apparatus.
(Code 1966, ~ 9-113; Ord. No. 94-9618, ~ 2, 2-7-94)
Sec. 8-82. Removal of wires, turning off of
current in case of fire.
In case of fire the building official or his desig-
nee, 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 electric currents where the
same shall interfere with the work of the fire
department during the progress of a fire.
(Code 1966, ~ 9-119; Ord. No. 94-9618, ~ 2, 2-7-94)
Cross reference-Fire prevention and protection, Ch. 14.
Sec. 8-83. Reserved.
Editor's note-Ord. No. 94-9618, ~ 2, adopted Feb. 7,
1994, repealed ~ 8-83, condemnation of unsafe items and
material, as derived from the 1966 Code, ~ 9-120.
Sec. 8-84. Inspection, condemnation, correc-
tion of defective or dangerous con-
dition.
The building official or his designee shall make
a thorough inspection of all electrically wired
buildings within the city upon request, or when-
ever he deems it necessary, and where wires or
appliances used therein are in dangerous or un-
safe condition, so as to endanger life or property,
and upon discovering defects therein, he shall
notify in writing the person owning, using or
operating same, giving the person a reasonable
Supp. No. 16
period of time in which to place the defective
wires or appliances in a safe, secure and
noninterfering condition. Any person owning, us-
ing or operating the defective wires or appliances,
neglecting or refusing within the time to make
the necessary repairs. or changes and to have
necessary work completed within the specified
time, shall be deemed guilty of a violation of this
article. The building official or his designee shall
then have authority to order the supplying com-
pany to discontinue electric service to the defec-
tive wires or appliances until such defects shall be
repaired in accordance with the requirements of
this article. No corporation, co-partnership, asso-
ciation or individual or agent thereof, shall supply
or cause to be supplied any electric current to
conductors or apparatus which have been found
by the building official or his designee to be in an
unsafe condition or which have not been installed
in conformity with the provisions of this article
and from which the building official or his desig-
nee has ordered the electric current to be turned
off.
(Code 1966, ~ 9-121; Ord. No. 94-9618, ~ 2, 2-7-94)
Sec. 8-85. Liabilities not affected.
This article shall not be construed to relieve or
lessen the responsibility of any corporation, co-
partnership, association, individual or agent
thereof, installing, operating or controlling any
electric 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 issued
pursuant to the provisions of this article.
(Code 1966, ~ 9-123; Ord. No. 94-9618, ~ 2, 2-7-94)
Sec. 8-86. Violations.
Any corporation, copartnership, association or
individual or agent thereof found guilty of violat-
ing any of the provisions ofthis article, or neglect-
ing or refusing to comply with any orders or
notices of the building official or his designee,
made pursuant to the provisions of this article,
shall be guilty of a misdemeanor.
(Code 1966, ~ 9-124; Ord. No. 94-9618, ~ 2,2-7-94)
Sees. 8-87-8-95. Reserved.
476
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-114
Subdivision II. Reserved.
.
Sees. 8-96-8-110. Reserved.
DIVISION 3. ELECTRICAL CONTRACTORS
Sec. 8-111. License required.
Except as otherwise provided in section 8-13,
all persons engaging in the installation or repair-
ing of electric wiring, lighting, fIxtures, equip-
ment, devices or electrical apparatus of any na-
ture, in or upon any building, structure or premises
within the city, having qualified as elsewhere
required in this article, shall first procure from
the city clerk an electrical contractor's license.
(Code 1966, ~ 9-130
Cross reference-Licenses generally, Ch. 20.
e
Sec. 8-112. Scope of license.
An electrical contractor's license if obtained
and so long as it is in force shall entitle the holder
thereof to engage in the installation or repair of
electric wiring for the transmission and utiliza-
tion of electrical energy for light, heat or power
and the appurtenances, equipment and devices
for the utilization and control of the same.
(Code 1966, ~ 9-131)
.
Sec. 8-113. Exemptions.
The following persons shall not be required to
obtain an electrical contractor's license:
(1) Any person operating as a public utility
under franchise with the city, supplying
power, communications or services may
supply and maintain any measuring equip-
ment installed by them, together with
their overhead lines, so long as they re-
main the property of the utility company
supplying the service;
(2) Any person working in or upon any build-
ing or premises owned and occupied by an
agency of the federal government;
e
.Editor's note-Ord. No. 86-9164, ~ 2, adopted November
3, 1986, repealed Sub. II, ~~ 8-96--S-100, in its entirety.
Former Sub. II was concerned with the electrical code panel,
and derived from the Code of 1966, ~~ 9-114-9-118.
Supp. No. 16
(3) The maintenance or repair of portable
household appliances, radios, television
sets, business machines, motors, music
boxes, games and portable tools normally
supplied through an approved cord and
attachment cap;
(4) Any person installing signal systems for
protective purposes such as burglar alarms,
remote controls, and similar circuits and
only when used as an extension of a
central station such as a telephone, tele-
graph, radio, television and sound sys-
tems when the base system is Underwrit-
ers Laboratory approved and connected to
line voltage with an approved attachment
cord and attachment cap, and contains
current limiting transformers and protec-
tion as defined in the National Electrical
Code as Class II control and signal cir-
cuits;
(5) A bona fide owner of a single-family dwell-
ing being used exclusively as the owner's
dwelling, including the usual accessory
building, may be granted a permit pro-
vided that said owner personally pur-
chases and installs all material used in
the electrical installation, and further pro-
vided all other portions of this article are
adhered to. The same shall apply to a new
dwelling;
(6) Any person who has a currently valid
mobile home craftsman license issued by
the city while performing repairs or re-
placements to the electrical system lo-
cated within a mobile home under the
provisions of article IV of chapter 22;
(7) Persons who own or are regularly em-
ployed by the property owner are exempt
from the licensing requirement when they
are performing work on the property that
is exempt from the requirements for a
permit. An appropriate license is required
for all work that requires a permit.
(Code 1966, ~ 9-139; Ord. No. 99-9954, ~ 1, 10-18-
99)
Sec. 8-114. Doing work without meeting re-
quirements prohibited.
It shall be unlawful for any person or agent
thereof to engage in the installation or repair of
477
~ 8-114
electric wiring, raceways, lighting fixtures, equip-
ment, devices or electric apparatus of any nature
before securing such license and until furnishing
proof of having complied with the insurance re-
quirements and having furnished the approved
surety bond as required.
(Ord. No. 00-10011, ~ 4, 11-13-00)
Secs. 8-115-8-130. Reserved.
DIVISION 4. ELECTRICAL MECHANICS
Sec. 8-131. Classes established.
There are hereby established the following
classes of electrical mechanics:
(1) Master electrician. A master electrician
shall certify at least six (6) years of prac-
tical experience in the electrical trade
doing the type of work he will be required
to perform, supervise or direct. Two (2)
years satisfactory work at an accredited
trade school, or a degree in electrical
engineering conferred by an accredited
college or university, and four (4) years
practical experience may be accepted in
lieu of the foregoing requirements.
(2) Journeyman electrician. Ajourneyman elec-
trician 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 di-
rect. Two (2) years satisfactory work in an
accredited trade school, or a degree in
electrical engineering conferred by an ac-
credited college or university, and three
(3) years practical experience may be ac-
cepted in lieu of the foregoing require-
ments.
(3) Apprentice electrician. Any person earn-
ing his livelihood as an electrician, but
who has not acquired the necessary lon-
gevity of experience to be eligible to be-
come a journeyman electrician, or who
with the necessary longevity of experi-
ence has not obtained a journeyman
electrician's license, is hereby classified
as an apprentice electrician. Except by
special written consent issued by the board
Supp. No. 16
SALINA CODE
of examiners, he shall not work except
when under the immediate supervision
and direction of a licensed journeyman
electrician or master electrician, properly
licensed by the city. No person who has
had his license revoked for cause, shall be
allowed to work as an apprentice electri-
cian, without the express consent of the
board of examiners. Each qualifying ap-
prentice electrician shall be issued an
apprentice electrician working permit, and
it shall be renewed from time to time as
shall be required for the journeyman elec-
tricallicense, as set out elsewhere in this
article. There shall be a charge as pro-
vided in section 2-2 for each permit and
for each renewal thereof. The board of
examiners may suspend or revoke any
apprentice electrician's working permit
for just and reasonable cause.
(4) Nonresident electrician. A nonresident elec-
trician is a person holding a valid master
or journeyman's license from other than
the city. Such master or journeyman's
license shall be honored; provided that
the issuing city shall have entered into an
agreement with the city, granting recipro-
cal privileges to the holders of valid city
electrician's licenses, and further pro-
vided that the issuing city shall conduct
examinations to determine the qualifica-
tions of its licenses. Any decision as to
doubtful qualifications of a licensee shall
be determined by the board of electrical
examiners. Nothing in this section shall
exempt the nonresident electrician from
obtaining the proper licenses from the
city as set forth in section 8-114 and
section 8-139.
(5) Industrial electrician. An industrial elec-
trician is a person who is in charge of
maintenance or operation of equipment
and accessories used for operations, pro-
duction or processing by public utilities,
government agencies, manufacturing or
processing plants or commercial enter-
prises which maintain a regular mainte-
nance or operating staff supervised by a
licensed professional engineer, master elec-
478
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-151
.
trician, or other qualified person ap-
proved by the board of examiners. How-
ever, work performed under such
supervision shall be performed to comply
in all respects with all applicable provi-
sions of the electrical code of the city,
including the provisions for permits and
inspections.
(Code 1966, ~ 9-145; Ord. No. 84-9012, ~ 1,4-2-84)
e
Sec. 8-132. Master electrician required.
Each person holding an electrical contractor's
license as elsewhere set forth in this article shall
have in his employ at all times, at least one (1)
person holding a valid master electrician's li-
cense. The electrical contractor's license being
valid only as long as the named master electrician
remains in the employ of the licensee in an active,
full-time capacity. One and the same person may
hold the electrical contractor's license and the
master electrician's license. For the purpose of
meeting the requirements of this section, a mas-
ter electrician may act as the master electrician
for only one (1) electrical contractor. The holder of
an electrical contractor's license shall keep the
electrical inspector informed as to the person
holding a master electrician's license in his em-
ploy.
(Code 1966, ~ 9-146; Ord. No. 84-9013, ~ 1, 4-2-84)
Sees. 8-133-8-136. Reserved.
Editor's note-Ord. No. 86-9164, ~ 2, adopted November
3, 1986, repealed ~~ 8-133-8-136 in their entirety. The
aforesaid sections were concerned with the board of electrical
examiners, and derived from the Code of 1966, ~~ 9-146.1-9-
149.
.
Sec. 8-137. Reexamination after failure.
If the applicant does not meet the require-
ments of the board of examiners, he may not
make a new application before a period of sixty
(60) days has elapsed. Such future examination
taken by such person shall have been altered so
that he does not take the same examination twice.
(Code 1966, ~ 9-150; Ord. No. 84-9014, ~ 1,4-2-84)
e
Sec. 8-138. Issuance of licenses.
After certification by the board of examiners,
licenses may be issued by the city clerk.
(Code 1966, ~ 9-151)
Supp. No. 16
Sec. 8-13~. License fees.
Any person making application to the electrical
inspector for a master electrician license or a
journeyman electrician license, shall pay to the
electrical inspector at the time he makes applica-
tion for the license a fee as prescribed in section
2-2.
(Code 1966, ~ 9-152)
Sec. 8-140. Expiration, renewal.
Masters' and journeymen's licenses shall be
valid until December thirty-first of the year is-
sued and shall be renewed not later than January
thirty-first of the following year, or the license
shall be void and a new application must be made
and the applicant must prove himself qualified
before a license may be issued.
(Code 1966, ~ 9-153)
Sec. 8-141. Suspension, revocation.
Any master electrician's license, journeyman
electrician's license or any apprentice electrician's
working permit issued under this article, may be
suspended for a definite length oftime, or revoked
outright by the board of examiners, for good and
sufficient cause. Such decisions are subject to
written appeal to the board of city commissioners,
and such appeal shall be filed in writing with the
city electrical inspector within ten (10) days after
the decision has been rendered. Any and all such
appeals arising from such rulings of the board of
examiners shall be expedited and completed not
later than thirty (30) days after the appeal has
been filed with the electrical inspector.
(Code 1966, ~ 9-154)
Sees. 8-142-8-150. Reserved.
DIVISION 5. PERMITS AND INSPECTIONS
Sec. 8-151. Permit required.
No person shall make any installation of wir-
ing for the transmitting of electric current for
light, heat or power or make any change or
addition to any wiring that has been installed in
or upon any building in the city without the
479
~ 8-151
SALINA CODE
owner, electrical contractor or person doing such
work first obtaining from the electrical inspector
a permit covering such work.
(Code 1966, ~ 9-160; Ord. No. 94-9618, ~ 3, 2-7-94)
Sec. 8-152. When permit not required.
This article shall not be construed to mean that
a permit shall be required before replacing minor
defective devices such as lighting switches, recep-
tacles or lighting fixtures; no inspection of them
will be required.
(Code 1966, ~ 9-161; Ord. No. 94-9618, ~ 3, 2-7-94)
Sec. 8-153. Reserved.
Editor's note-Ord. No. 94-9618, ~ 3, adopted Feb. 7,
1994, repealed ~ 8-153, record of permits required, as derived
from the 1966 Code, ~ 9-162.
Sec. 8-154. Permit fees established.
Electrical permit fees will be collected from the
electrical contractor, individual or property owner
as prescribed in section 2-2.
(Code 1966, ~ 9-163; Ord. No. 94-9618, ~ 3, 2-7-94)
Sec. 8-155. Payment of fee; failure to pay.
All permit fees shall be due and payable to the
city clerk not later than the tenth of the month
following the month in which the permit was
issued. Failure of any person to remit payment of
permit fees by the specified date will be a viola-
tion of this article.
(Code 1966, ~ 9-164; Ord. No. 94-9618, ~ 3, 2-7-94)
Sec. 8-156. Conditions to issuance of per-
mit.
No electrical permit shall be granted or issued
to any person unless and until such person shall
have secured and paid for an electrical contractor's
license 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 applying for such permit.
(Code 1966, ~ 9-165; Ord. No. 94-9618, ~ 3, 2-7-94)
Supp. No. 16
Sec. 8-157. Inspector to inspect.
(a) It shall be the duty of the building official
or his designee to inspect or cause to be inspected
by competent deputies appointed by him all elec-
tric light, heat and power wires, raceways, fix-
tures and fIXed and stationary appliances, con-
ductors, apparatus and their supports placed in
or upon any building within the city 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
maintenance, or by electricians licensed by the
city in their employ.
(b) The following are exceptions to inspections
required by subsection (a):
(1) In the event of a residential structure
which is built or assembled other than at
its ultimate location, the building official
or his designee may authorize a licensed
professional engineer or registered archi-
tect to perform the [required inspections
and certify in writing that all the] require-
ments of the electrical code are being
complied with; provided that the engineer
or architect shall not be a regular em-
ployee of the manufacturer of such struc-
tures.
(2) If there is cause to believe that any of the
sections of the electrical code are not
being complied with the building official
or his designee may cause any portion of
the electrical system to be inspected by
him or his authorized representative, and
may cause any portion of the structure to
be dismantled to perform such inspec-
tions.
(3) Procedures to ensure compliance will be
implemented by the inspection depart-
ment. These may include but are not
limited to on-site inspection of electrical
work tests of materials and methods used
in assembly of the structures, and other
procedures as may be necessary to ensure
the public safety.
(Code 1966, ~ 9-166; Ord. No. 94-9618, ~ 3, 2-7-94)
Sec. 8-158. Inspection, approval required.
Upon the completion of each phase of the
electrical installation (service wiring, rough wir-
480
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-176
.
ing, finish wiring) for any project it is the duty of
the person doing the same to notify the city for
inspection and approval.
(Code 1966, ~ 9-167; Ord. No. 94-9618, ~ 3, 2-7-94)
Sec. 8-159. When inspections to be accom-
plished.
Service, rough wire and finish inspections on
new construction will be accomplished within
forty-eight (48) hours of regular working days
after the request for inspection has been received.
Installations such as outlets and minor items will
be accomplished on a time available basis.
(Code 1966, ~ 9-168; Ord. No. 94-9618, ~ 3,2-7-94)
Sec. 8-160. Inspector's right of entry.
e
The building official or his designee 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 purpose he 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 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 to prevent the
building official or his designee from entering
such building, manhole or subway.
(Code 1966, ~9-169; Ord. No. 94-9618, ~ 3, 2-7-94)
Sec. 8-161. Concealing wiring before inspec-
tion.
.
No person or agent thereof shall conceal or
cause to be concealed any electric wiring or appa-
ratus mentioned in this article until after the
same has been inspected and approved by the
building official or his designee, and the building
official or his designee is hereby authorized to
order the removal of any flooring, lathing or
plaster, sheet metal or any other material which
may conceal any electrical wiring or apparatus
contrary to the provisions of this article.
(Code 1966, ~ 9-170; Ord. No. 94-9618, ~ 3, 2-7-94)
e
Supp. No. 16
Sec. 8-162. Inspection of alterations and
changes.
(a) No alteration or change shall be made in
the electric wiring or apparatus located within or
upon a building, sign, pole, or structure, or upon
any premises, nor shall any change be made on
such as set out above without first notifying the
building official or his designee and causing the
same to be inspected as a new installation.
(b) Prior to installing circuits for additional
appliances in any structure, the electrical contrac-
tor shall frrst determine that adequate service
and feeder capacity is available to serve the
appliance or appliances for which the wiring is to
be installed.
(Code 1966, ~ 9-171; Ord. No. 94-9618, ~ 3, 2-7-94)
Sec. 8-163. Certificate of approval required
before setting meter or connect-
ing current.
No person furnishing electric power or current
shall set the meter or turn current on any new
wiring or repair or alter wiring before receiving
an inspection certificate from the building official
or his designee certifying his approval of such
wiring.
(Code 1966, ~ 9-172; Ord. No. 94-9618, ~ 3, 2-7-94)
Secs. 8-164-8-175. Reserved.
ARTICLE VI. PLUMBING CODE.
DIVISION 1. GENERALLY
Sec. 8-176. Uniform Plumbing Code adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stan-
dards to safeguard life or limb, health, property,
and public welfare by regulating and controlling
the design, construction, quality of materials,
location, operation, alteration, repair, mainte-
nance, of plumbing and drainage systems within
the city and certain equipment specifically regu-
lated therein, that certain plumbing code known
.Cross references-Maintenance of plumbing and hous-
ing, ~ 18-74; water and sewers, Ch. 41.
481
~ 8-176
SALINA CODE
as the Uniform Plumbing Code, recommended
and published by the International Association of
Plumbing and Mechanical Officials, being partic-
ularly the 1994 edition not including appendices
thereto, except as amended in this article of the
Salina Code, of which not fewer than three (3)
copies have been, and are now filed in the office of
the city clerk and the same are hereby incorpo-
rated as fully as if set out at length herein and the
provisions thereof shall be controlling in the con-
struction of all buildings and structures therein
contained within the corporate limits of the city.
(Code 1966, ~ 9-200; Ord. No. 82-8925, ~ 1,8-2-82;
Ord. No. 85-9089, ~ 1, 8-12-85; Ord. No. 89-9308,
~~ 1,2,2-6-89; Ord. No. 94-9619, ~ 1,2-7-94; Ord.
No. 98-9853, ~ 1, 2-2-98)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
Sec. 8.177. Administrative authority defined.
Whenever the term "administrative authority"
is used in this article or in the Uniform Plumbing
Code hereby adopted, it shall be construed to
mean the city building official, and shall include
his authorized representatives. The powers and
duties of the administrative authority shall be as
set forth in the Uniform Plumbing Code.
(Code 1966, ~ 9-201; Ord. No. 94-9619, ~ 1,2-7-94)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 8-178. Amendment of Section 103.1 of
the Uniform Plumbing Code.
[Section 103.1 of the Uniform Plumbing is
hereby amended to read as follows:]
103.1 Permits.
103.1.1 Permits required. It shall be unlaw-
ful for any person, firm or corporation to make
any installation, alteration, repair, replace-
ment or remodel any plumbing, gas, or drain-
age piping work or any fixture or water heating
or treating equipment regulated by this code
except as permitted in subsection 103.1.2 of
this section, or cause the same to be done
without first obtaining a separate plumbing
permit for each separate building or structure.
Supp. No. 16
103.1.2 Exempt work. A permit will not be
required for the following:
103.1.2.1 The stopping ofleaks in drains,
soil, waste or vent pipe, provided, how-
ever, that should any concealed trap, drain-
pipe, soil, waste or vent pipe become de-
fective and it becomes necessary to remove
and replace the same with new material,
the same shall be considered as new work
and a permit shall be procured and inspec-
tion made as provided in this code.
103.1.2.2 The clearing of stoppages or the
repairing of leaks in pipes, valves or fix-
tures, or for the removal and reinstalla-
tion of water closets, provided such re-
pairs do not involve or require the
replacement or rearrangement of valve,
pipes or fixtures.
103.1.2.3 No permit shall be required to
replace equivalent fixtures or traps which
were initially installed with slip joint fit-
tings. No permit shall be required for the
replacement or installation of flexible gas
appliance connectors.
Exemption from the permit requirements of
the code shall not be deemed to grant authori-
zation for any work to be done in violation of
the provisions of the code or any other laws or
ordinances of this jurisdiction.
(Ord. No. 94-9619, ~ 1,2-7-94; Ord. No. 98-9853,
~ 1, 2-2-98)
Sec. 8-179. Amendment of Section 103.4 of
the Uniform Plumbing Code.
[Section 103.4 of the Uniform Plumbing Code is
hereby amended to read as follows:]
103.4.1 Permit Fees. The fee for permits or
inspections required by the Uniform Plumbing
Code, 1994 edition shall be as set forth in the
fee schedule adopted pursuant to section 2-2 of
the Salina Code of Ordinances.
103.4.2 Deleted.
103.4.3 Deleted.
482
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-180
.
103.4.4 Investigation Fees: Work without a
permit.
103.4.4.1 Whenever any work for which a
permit is required by this code has been
commenced without first obtaining said
permit, a special investigation shall be
made before a permit may be issued for
such work.
103.4.4.2 An investigation fee, in addition
to the permit fee, shall be collected whether
or not a permit is then or subsequently
issued. The investigation fee shall be equal
to the amount of the permit fee that would
be required by this code if a permit were
to be issued. The payment of such inves-
tigation fee shall not exempt any person
from compliance with all other provisions
of this code, nor from any penalty pre-
scribed by law.
e
103.4.5 Fee Refunds.
103.4.5.1 The administrative authority may
authorize the refunding of any fee paid
hereunder which was erroneously paid or
collected.
103.4.5.2 The administrative authority may
authorize the refunding of not more than
eighty (80) percent of the permit fee paid
when no work has been done under a
permit issued in accordance with this
code.
.
103.4.5.3 The administrative authority may
authorize the refunding of not more than
eighty (80) percent of the plan review fee
paid when an applicant for a permit for
which a plan review fee has been paid is
withdrawn or canceled before any plan
review effort has been expended.
The administrative authority shall not
authorize the refunding of any fee paid
except upon written application filed by
the original permittee not later than one
hundred eighty (180) days after the date
of the fee payment.
(Ord. No. 94-9619, ~ 1,2-7-94; Ord. No. 98-9853,
~ 1, 2-2-98)
e
Supp. No. 16
Sec. 8-180. Amendment of Section 202 (-C-)
of the Uniform Plumbing Code.
[Section 202.0 (-C-) of the Uniform Plumbing
Code is hereby amended to read as follows:]
Certified backflow assembly tester. A certi-
fied backflow assembly tester is a person who
has shown competence to test and maintain
backflow assemblies to the satisfaction of the
administrative authority having jurisdiction.
Cesspool. A cesspool is a lined excavation in
the ground which receives the discharge of a
drainage system or part thereof, so designed as
to retain the organic matter and solids discharg-
ing therein, but permitting the liquids to seep
through the bottom and sides.
Clarifier. See Interceptor.
Cleanout. In addition to typical definition,
cleanout will include a fixture trap or a fixture
with integral trap, readily removable without
disturbing concealed piping shall be acceptable
as a cleanout equivalent.
Code. The word "code" or "this code," when
used alone, shall mean these regulations, sub-
sequent amendments thereto or any emer-
gency rule or regulation which the administra-
tive authority having jurisdiction may lawfully
adopt.
Combination thermostatic / pressure balanc-
ing valve. A mixing valve which senses outlet
temperature and incoming hot and cold water
pressure and compensates for fluctuations in
incoming hot and cold water temperatures and
pressures to stabilize outlet temperatures.
Combination waste and vent system. A com-
bination waste and vent system is a specially
designed system of waste piping embodying the
horizontal wet venting of one (1) or more sinks
or floor drains by means of a common waste
and vent pipe, adequately sized to provide free
movement of air above the flow line of the
drain.
Combustible construction. For the purpose of
this code, combustible construction is a struc-
ture in which any member of its structural
framework will ignite and burn at a tempera-
ture of 13920F (7560C) or less.
483
~ 8-180
SALINA CODE
Common. Common means that a part of a
plumbing system which is so designed and
installed as to serve more than one (1) appli-
ance, fixture, building, or system.
Confined space. A room or space having a
volume less than fifty (50) cubic feet per 1000
Btu/h (1.4 m3/293W) of the aggregate input
rating of all fuel burning appliances installed
in that space.
Contamination. An impairment of the qual-
ity of the potable water which creates an actual
hazard to the public health through poisoning
or through the spread of disease by sewage,
industrial fluids or waste. Also defined as high
hazard.
Continuous vent. A continuous vent is a
vertical vent that is a continuation of the drain
to which it connects.
Continuous waste. A continuous waste is a
drain connecting the compartments of a set of
fixtures to a trap or connecting other permitted
fixtures to a common trap.
Critical level. The critical level C-L or CIL
marking on a backflow prevention device or
vacuum breaker is a point conforming to ap-
proved standards and established by the test-
ing laboratory (usually stamped on the device
by the manufacturer which determines the
minimum elevation above the flood level rim of
the fixture or receptacle served at which the
device may be installed. When a backflow pre-
vention device does not bear a critical level
marking, the bottom of the vacuum breaker,
combination valve, or the bottom of any such
approved device shall constitute the critical
level.
Cross-connection. A cross-connection is any
connection or arrangement, physical or other
wise, between a potable water supply system
and any plumbing fixture or any tank, recep-
tacle, equipment or device, through which it
may be possible for non-potable, used, unclean,
polluted and contaminated water, or other sub-
stances, to enter into any part of such potable
water system under any condition.
(Ord. No. 94-9619, ~ 1,2-7-94; Ord. No. 98-9853,
~ 1, 2-2-98)
Supp. No. 16
Sec. 8-181. Amendment of Section 712.1 of
the Uniform Plumbing Code.
[Section 712.1 of the Uniform Plumbing Code is
hereby amended to read as follows:]
Section 712.1-Media.
The piping of the plumbing, drainage, and
venting systems shall be tested with water or
air. The administrative authority may require
the removal of any cleanouts, etc., to ascertain
if the pressure has reached all parts of the
system. After the plumbing fixtures have been
set and their traps filled with water, they shall
be submitted to a final test.
No test will be required for plastic DWV
systems.
(Ord. No. 94-9619, ~ 1,2-7-94; Ord. No. 98-9853,
~ 1, 2-2-98)
Sec. 8-182. Amendment of Section 807 of the
Uniform Plumbing Code.
[Section 807 of the Uniform Plumbing Code is
hereby amended to read as follows:]
Section 807.0-Appliances.
Section 807.1. Appliances, devices, equip-
ment, or other apparatus not regularly classed
as plumbing fixtures which are equipped with
pumps, drips, or drainage outlets may be drained
by indirect waste pipes discharging into an
approved type open receptor.
Section 807.2. When the condensate waste
from air conditioning coils discharges by direct
connection to a lavatory tailpiece or to an
approved accessible inlet on a bathtub over-
flow, the connection shall be located in the area
controlled by the same person controlling the
air-conditioned space.
Section 807.3. When undiluted condensate
waste from a fuel burning condensing appli-
ance is discharged into the drainage system,
the material in the drainage system shall be
cast iron, galvanized iron, plastic or other ma-
terials approved for this use.
EXCEPTIONS:
(1) When the above condensate is dis-
charged to an exposed fixture tail-
piece and trap, such tailpiece and
trap may be brass.
484
e
.
e
.
e
BUILDINGS, STRUCTURAL APPURTENANCES
(2) Any materials approved in Section
701.0 may be used when, in the
opinion of the administrative author-
ity, condensate waste from a fuel
burning condensing appliance is di-
luted either before or after discharge
into the drainage system.
(Ord. No. 94-9619, ~ 1,2-7-94; Ord. No. 98-9853,
~ 1, 2-2-98)
Sec. 8-183. Amendment of Section 908 of the
Uniform Plumbing Code.
[Section 908.0 ofthe Uniform Plumbing Code is
hereby amended to read as follows:]
Section 908.0 Vertical Wet Venting.
Section 908.1. Wet venting is limited to
vertical drainage piping receiving the dis-
charge from the trap arm of one (1) and two (2)
fixture unit fIxtures that also serves as a vent
for not to exceed four (4) fIxtures. All wet
vented fIxtures shall be within the same story;
provided, further, that fIxtures with a continu-
ous vent discharging into a wet vent shall be
within the same story as the wet vented fIx-
tures. No wet vent shall exceed ten (10) feet in
developed length.
Section 908.2. The vertical piping between
any two (2) consecutive inlet levels shall be a
minimum of one (1) pipe size larger than the
required minimum waste pipe size of the upper
fIxture or shall be one (1) pipe size larger than
the required minimum pipe size for the sum of
the fIxture units served by such wet vented
section, whichever is larger, but in no case less
than two (2) inches (50.8 mm).
Section 908.3. Common vent sizing shall be
the sum of the fIxture units served but in no
case smaller than the minim vent pipe size
required for any fIxture served, or by Section
904.0.
Section 908.4. One horizontal offset may be
permitted in a wet vented section. The length
of the offset will be limited to the lengths of
trap arms as required in table 1O-l.
(Ord. No. 94-9619, ~ 1,2-7-94; Ord. No. 98-9853,
~ 1, 2-2-98)
Supp. No. 16
~ 8-184
Sec. 8-184. Size of potable water piping.
(a) All water service pipes and connections in
the city over, through or along any street, lane,
avenue or alley, from the corporation cock on the
water mains to the curb cock shall be of cast iron
with approved fittings, or type "K" copper pipe.
Flared, or silver soldered copper or brass fittings,
shall be used in making such connections on
copper pipe.
(b) In installations from the water main to the
curb cock, the minimum size water service line
shall be one (1) inch trade diameter for each
premises to be serviced, and shall provide a
minimum of a full three-fourths-inch water line to
each consumer to be serviced therefrom.
(c) At the point of connection with the corpo-
ration 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 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 service shall be furnished, at the
curbline, with a "T" handle, inverted key, round
way, brass curb cock or stop, or if service is two
and one-half (2:112) inches and larger, a one hun-
dred twenty-fIve (125) pounds gate valve located
not more than twelve (12) inches from the street
curb may be used; provided that the director of
utilities of the city may direct or permit the curb
cock to be placed in a different location where he
deems it necessary or advisable; provided further,
that where more than one (1) consumer is served
through a single service pipe, a curb cock and stop
box shall be provided for each branch of such
service. The curb cock shall be protected 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 such service pipes and all other
cocks, "Ts", valves and other fittings shall be
installed by the owner of the premises to be
supplied, and shall be and remain the property of
485
~ 8-184
SALINA CODE
such owner, but no part of the same which lies in
any street or public property shall be removed
except in accordance with the ordinances of the
city then in force and in accordance with the rules
and regulations of the street department and the
waterworks department of the city. On streets
where paving has been or is ordered to be laid, old
service pipes other than copper or cast iron shall
be replaced at the expense of the property owner.
When service pipes are laid only to the curb for
future use, the end of the pipe must be securely
capped or plugged and a curb and service box
installed.
(Code 1966, ~ 9-234)
Sec. 8-185. Amendment of Section 807.4 of
the Uniform Plumbing Code.
[Section 807.4 of the Uniform Plumbing Code is
hereby amended as follows:]
Section 807.4 of Chapter 8 of the Uniform
Plumbing Code is hereby deleted.
(Ord. No. 98-9853, ~ 2, 2-2-98)
Sec. 8-186. Amendment of Section 509 of the
Uniform Plumbing Code.
[Section 509 of the Uniform Plumbing Code is
hereby amended to read as follows:]
509.0 Prohibited Locations.
Water heaters which depend on the
combustion of fuel for heat shall not be
installed in a room used or designed to be
used for sleeping purposes, bathroom,
clothes closets or in a closet or other space
opening into a bath or bedroom.
Exception 1: Direct vent water heaters
Exception 2: The replacement of fuel
burning water heaters that are located in
bathrooms or closets accessible from a
bathroom shall be permitted.
Where not prohibited by other regulations,
water heaters may be located under a stairway
or landing.
(Ord. No. 00-10004, ~ 1, 11-13-00)
Sees. 8-187-8-200. Reserved.
Supp. No. 16
DIVISION 2. PLUMBERS.
Sec. 8-201. Definitions.
The following words and phrases, when used in
this division, shall have the meanings respec-
tively ascribed to them:
(1) Apprentice plumber shall mean a person
who has sincerely dedicated himself to
learning the plumbing trade, and must be
in the employ of a master or employing
plumber.
(2) Employing plumber or plumbing contrac-
tor shall mean a person who engages in
the business or trade of plumbing and
employs a certified master plumber of the
purpose of his business.
(3) Journeyman plumber shall mean a per-
son who holds a certificate issued pursu-
ant to this article showing him qualified
to do plumbing work, but who is not a
master or employing plumbing or plumb-
ing contractor as defined herein.
(4) Master plumber shall mean a person who
holds a certificate issued pursuant to this
article, showing him to be qualified and
equipped to layout, plan and supervise
the installation, repair and maintenance
of plumbing.
(Code 1966, ~ 9-206)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 8-202. Certification required; exception.
It shall be unlawful for any person to labor at
the trade of plumbing without first having been
issued a plumbing license and or a plumbing
contractors license, except as follows:
(1) Any person regularly employed by the
water and sewerage department shall be
exempt from the provisions of this section
when performing labor on property owned
and maintained by the city; and provided
further, that any person holding a valid
mobile home craftsman license issued by
the city shall be exempt from the provi-
"State law reference-Regulation of plumbers in cities of
7,000 or over, K.S.A. 12-1501 et seq.
486
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-211
.
sions of this section while performing those
services for which they are licensed under
article IV of chapter 22.
(2) Persons who own or are regularly em-
ployed by the property owner are exempt
from the licensing requirement when they
are performing work on the property that
is exempt from the requirements for a
permit. An appropriate license is required
for all work that requires a permit.
(3) Persons or firms who are installing pri-
vate sewer mains or private water mains
and who have a supervising employee on
the job site at all times who has passed
the Underground Utilities 331 test as
given by Block and Associates. The Build-
ing Codes Advisory and Appeals Board
may also approve alternate tests. All other
minimum requirements for insurance and
bonding will be the same as for a plumb-
ing contractor. Written proof of this infor-
mation shall be submitted to the city clerk
as required for a plumbing contractor.
(Code 1966, ~ 9-207; Ord. No. 94-9619, ~ 2, 2-7-94;
Ord. No. 99-9954, ~ 2, 10-18-99)
Cross reference8--Administration, Ch. 2; boards and
commissions generally, ~ 2-136 et seq.
e
Sees. 8-203-8-207. Reserved.
Editor's note-Ord. No. 86-9164, ~ 2, adopted November
3, 1986, repealed ~~ 8-203---8-207 in their entirety. The
aforesaid sections were concerned with the board of plumbing
examiners, and derived from the Code of 1966, ~~ 9-208--9-
212.
Sec. 8-208. Fee to accompany application.
Each person filing an application obtain a
certificate of qualification shall, at the time of
filing, pay to the secretary the examining fee as
prescribed in section 2-2.
(Code 1966, ~ 9-213)
.
Sec. 8-209. Gas fitter's examination required.
Each applicant taking the plumber's examina-
tion (master, employing or journeyman plumber)
shall take, at the time, the examination for a gas
fitter's license. Failure to qualify for the plumber
e
Supp. No. 16
or gas fitter's license, disqualifies the applicant
for either license. Only one (1) examination fee
shall be paid for taking both examinations.
(Code 1966, ~ 9-214)
Sec. 8-209.1. Prerequisites to apply for cer-
tification of qualification.
(a) Master plumber. A master plumber appli-
cant shall certify a minimum of six (6) years of
practical experience in the plumbing trade, doing
the type of work he will be required to perform,
supervise or direct. Two (2) years' satisfactory
work at an accredited trade school and four (4)
years' practical experience may be accepted in
lieu of the foregoing requirements.
(b) Journeyman plumber. A journeyman
plumber shall certify at least four (4) years of
practical experience in the plumbing trade doing
the type of work he will be required to perform.
Two (2) years' satisfactory work in an accredited
trade school and three (3) years' of practical
experience may be accepted in lieu of the forego-
ing requirements.
(Ord. No. 82-8928, ~ 1,8-2-82)
Editor's note-Ord. No. 82-8928, ~ I, passed Aug. 2, 1982,
enacted a new ~ 9-214.1 of the 1966 Code, which provisions
have been codified as ~ 8-209.1 of this Code.
Sec. 8-210. Forfeiture of fee for failure to
appear.
Failure of the applicant to appear for the
examination when notified shall forfeit the appli-
cation fee.
(Code 1966, ~ 9-215)
Sec. 8-211. Issuance of certificate; fees.
(a) If the board of plumbing examiners is sat-
isfied with the examination of the applicant, it
shall issue a certificate of qualification to be
presented to the city clerk for registration.
(b) The license and registration of certificate
shall be issued by the city clerk and the appli-
cants shall pay the fee as prescribed in section
2-2.
(Code 1966, ~ 9-216)
487
~ 8-212
SALINA CODE
Sec. 8-212. Exemption from examination.
Any person may be exempt from taking the
plumber's examination if the person can show
that he is the holder of a certificate issued by
another city with a population over seven thou-
sand (7,000) and the board is satisfied that the
certificate was issued as the result of having
passed an examination having requirements equiv-
alent to the examination given by this city. Such
certificate shall be accepted as valid in the city,
but the applicant shall not be exempt from paying
the filing fee as indicated in section 2-2.
(Code 1966, ~ 9-217)
Sec. 8-213. Registration of certificate, li-
cense prerequisite to doing work.
Any person holding a certificate of qualification
to work at plumbing or as an employing plumber
or plumbing contractor in the city shall, before
working or engaging in the business or trade of
plumbing, register his certificate in the office of
the city clerk and secure a license and/or regis-
tration as required in this Code.
(Code 1966, ~ 9-218; Ord. No. 85-9064, ~ 1,2-25-
85)
Sees. 8-214. Master plumber in the employ
of a plumbing contractor re-
quired.
Each person holding a plumbing contractor's
license as elsewhere set forth in this article shall
have in his employ at all times, at least one (1)
person holding a valid master plumber's license.
The plumbing contractors license being valid only
as long as the named master plumber remains in
the employ of the license in an active, full-time
capacity. One and the same person may hold the
plumbing contractor's license and the master
plumber's license. For the purpose of meeting the
requirements of this section, a master plumber
may act as the master plumber for only one (1)
plumbing contractor. The holder of a plumbing
contractor's license shall keep the plumbing in-
spector informed as to the person holding a mas-
ter plumber's license in his employ.
(Ord. No. 00-10011, ~ 5, 11-13-00)
Supp. No. 16
Sees. 8-215-8-225. Reserved.
DIVISION 3. RESERVED.
Sees. 8-226-8-245. Reserved.
ARTICLE VII. RESERVED
Sees. 8-246-8-280. Reserved.
ARTICLE VIII. MECHANICAL CODE
DIVISION 1. GENERALLY
Sec. 8-281. Uniform
adopted.
Mechanical
Code
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stan-
dards to safeguard life or limb, health, property,
and public welfare by regulating and controlling
the design, construction, quality of materials,
location, operation, alteration, repair and main-
tenance of heating, ventilating, cooling, refriger-
ation systems, incinerators and other miscella-
neous heat-producing appliances, that certain
building code known as the Uniform Mechanical
Code, recommended and published by the Inter-
national Conference of Building Officials, being
particularly the 1994 edition not including appen-
dices thereto, except as amended in this article of
the Salina Code, of which not fewer than three (3)
copies have been, and are now filed in the office of
the city clerk and the same are hereby incorpo-
rated as fully as if set out at length herein and the
provisions thereof shall be controlling in the in-
stallation of all heat-producing appliances within
the corporate limits of the city.
(Code 1966, ~ 9-440; Ord. No. 82-8930, ~ 1,8-2-82;
Ord. No. 85-9090, ~ 1, 8-12-85; Ord. No. 89-9309,
~~ 1,3,2-6-89; Ord. No. 94-9620, ~ 1, 2-7-94; Ord.
No. 98-9854, ~ 1, 2-2-98)
*Editor's note-Ord. No. 86-9164, ~ 2, adopted November
3, 1986, repealed Div. 3, ~~ 8-226-8-233, in its entirety. The
aforesaid ~~ 8-226-8-233 were concerned with appeals, and
derived from the Code of 1966, ~~ 9-226-9-233.
488
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BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-286
.
Sec. 8-282. Amendment of Section 115.2 of
the Uniform Mechanical Code.
[Section 115.2 of the Uniform Mechanical Code
is hereby amended to read as follows:]
115.2 Permit Fees. The fee for permits or
inspections required by the Uniform Mechani-
cal Code, 1994 edition shall be as set forth in
the fee schedule adopted pursuant to section
2-2 of the Salina Code of Ordinances.
(Ord. No. 85-9090, ~ 2, 8-12-85; Ord. No. 89-9309,
~~ 2, 3, 2-6-90; Ord. No. 94-9620, ~ 1,2-7-94; Ord.
No. 98-9854, ~ 1, 2-2-98)
e
Sec. 8-283. Amendment of Section 309.0 of
the Uniform Mechanical Code.
[Section 309.0 of the Uniform Mechanical Code
is hereby amended to read as follows:]
309.0 Equipment regulated by this code re-
quiring electrical connections of more than 50
volts shall have a positive means of disconnect
adjacent to and in sight from the equipment
served. A 120-volt receptacle shall be located
within 25 feet (7620 mm) of the equipment for
service and maintenance purposes. The recep-
tacle shall be located on the same level as the
equipment. Low voltage wiring of 50 volts or
less within a structure shall be installed in a
manner to prevent physical damage. A recep-
tacle is not required for replacement of existing
equipment in the same location.
(Ord. No. 84-9041, ~ 1,8-27-84; Ord. No. 94-9620,
~ 1, 2-7-94; Ord. No. 98-9854, ~ 1, 2-2-98)
Sec. 8-284. Amendment of Section 916.3 of
the Uniform Mechanical Code.
.
[Section 916.3 of the Uniform Mechanical Code
is hereby amended to read as follows:]
Unvented heaters, decorative gas logs, and
fireplaces. Approved Unvented heaters, decora-
tive gas logs, and fireplaces may be installed,
used, maintained and permitted to exist in all
Group A, B, and M occupancies and R3 family
dwellings, except bathrooms and bedrooms. An
unvented decorative gas log is a listed natural
or liquified petroleum gas burning log with an
open flame consisting of a metal frame or base
supporting simulated logs which is designed so
e
Supp. No. 16
that its primary function lies in the aesthetic
affect of the logs and flame. An unvented fire-
place is a listed unvented gas log permanently
installed in a freestanding enclosure or zero
clearance enclosure designed and approved for
installation in walls or other building struc-
tures. Unvented heaters, gas logs, and fire-
places:
(1) Shall be equipped with an approved
oxygen-depletion sensor;
(2) Shall be listed;
(3) Shall not be installed in any room
which does not have an alternative
primary source of heat (does not
apply to heaters);
(4) Shall have free air volume of at least
50 cubic feet for each 1,000 BTU's of
thermal output;
(5) Shall be permanently installed;
(6) Shall not be equipped or connected
to any automatic ignition or shut-off
device except the oxygen-depletion
sensor;
(7) Must be fueled by natural gas or by
liquid propane; and
(8) Must bear label of American Gas
Association or be UL listed.
(Ord. No. 98-9854, ~ 2, 2-2-98)
Sec. 8-285. Amendment of Sections 115.3 and
115.4 of the Uniform Mechanical
Code.
[Sections 115.3 and 115.4 of the Uniform Me-
chanical Code are hereby amended to read as
follows:]
115.3. Deleted.
115.4. Deleted.
(Ord. No. 98-9854, ~ 3, 2-2-98)
489
~ 8-286
SALINA CODE
Sec. 8-286. Amendment of Section 904.5 of
the Uniform Mechanical Code.
[Section 904.5 of the Uniform Mechanical Code
is hereby amended to read as follows:]
904.5. In a room used or designed to be used
as a bedroom, bathroom, closet or in any en-
closed space with access only through such
room or space.
Exception 1: Direct vent furnaces, en-
closed furnaces and electric heating fur-
naces. Access to furnaces located in an
attic or under-floor crawl space may be
through a closet.
Exception 2: The replacement of warm
air furnaces that are located in existing
bathrooms shall be permitted.
(Ord. No. 00-10004, ~ 2, 11-13-00)
Secs. 8-287--8-290. Reserved.
DIVISION 2. MECHANICAL CONTRACTORS
Sec. 8-291. Definitions.
The following words and phrases, when used in
this division, shall have the meanings respec-
tively ascribed to them:
(1) Apprentice heating, ventilation and air
conditioning mechanic shall mean a per-
son who has sincerely dedicated himself
to learning the mechanical trade, and is
in the employ of an employing mechanical
contractor.
(2) Employing mechanical contractor shall
mean a person who engages in the busi-
ness or trade of mechanical contracting
and is licensed by the City of Salina as a
mechanical contractor.
(3) Journeyman heating, ventilation and air
conditioning mechanic shall mean a per-
son who holds a license issued pursuant
to this article showing said person to be
qualified to do mechanical work, but who
is not a master or employing mechanical
contractor as defined herein.
(4) Master heating, ventilation and air condi-
tioning mechanic shall mean a person
Supp. No. 16
who holds a license issued pursuant to
this article, showing said person to be
qualified and equipped to layout, plan
and supervise the installation, repair and
maintenance of mechanical appliances and
systems.
(Ord. No. 99-9953, ~ 1, 10-18-99)
Sec. 8-292. License required.
It shall be unlawful for any person to labor at
the trade of heating, ventilation and air condition-
ing mechanic or mechanical contracting without
having been issued a heating, ventilation and air
conditioning mechanic license. The licensed indi-
vidual must be employed by a mechanical contrac-
tor who is licensed by the City of Salina or be an
owner of a mechanical contracting business li-
censed by the City of Salina.
Exemptions:
(a) The owner of an owner occupied dwelling
shall not be required to obtain a license to
install equipment regulated by this arti-
cle.
(b) Persons who own or are regularly em-
ployed by the property owner are exempt
from the licensing requirement when they
are performing work on the property that
is exempt from the requirements for a
permit. An appropriate license is required
for all work that requires a permit.
(Ord. No. 99-9953, ~ I, 10-18-99)
Sec. 8-293. Prerequisites to apply for a li-
cense.
(a) Master heating, ventilation and air condi-
tioning mechanic. A master heating ventilation
and air conditioning mechanic shall provide writ-
ten certification of passage of the standard exam
as prescribed by the State of Kansas. They must
also certify a minimum of six (6) years of practical
experience in the mechanical trade, doing the
type of work they will be required to perform,
supervise or direct. Two (2) years satisfactory
work at an accredited trade school and four (4)
years practical experience may be accepted in lieu
of the foregoing requirements.
490
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BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-312
.
(b) Journeyman heating, ventilation and air
conditioning mechanic. A journeyman heating,
ventilation and air conditioning mechanic shall
provide written certification of passage of the
standard exam as prescribed by the State of
Kansas. They must also certify at least four (4)
years of practical experience in the mechanical
trade doing the type of work they will be required
to perform. '!\vo (2) years satisfactory work in an
accredited trade school and three (3) years of
practical experience may be accepted in lieu of the
foregoing requirements.
(c) Apprentice heating, ventilation and air con-
ditioning mechanic. An apprentice heating, ven-
tilation and air conditioning mechanic must cer-
tify employment by a mechanical contractor
licensed by the City of Salina.
Exemption: The requirement for passage of the
standard exam as prescribed by the State of
Kansas shall become effective for licenses is-
sued for the calendar year 2001 and all subse-
quent years. Prior to January I, 2001, any
person may be exempted from taking the mas-
ter heating, ventilation and air conditioning
mechanic's exam if the person can show that
they owned and were actively involved in the
work performed by a mechanical contracting
business or were employed by and were respon-
sible for laying out, planning and supervising
the work performed by a licensed mechanical
contractor continuously for the calendar years
1995, 1996, 1997, 1998, 1999 and 2000.
Exemption: Prior to March I, 2001, any person
may be exempted from taking the journeyman
heating, ventilation and air conditioning
mechanic's exam if the person can show that
they owned and were actively involved in the
work performed by a mechanical contracting
business or were employed by and were respon-
sible for laying out, planning and supervising
the work performed by a licensed mechanical
contractor continuously for the calendar years
1997, 1998, 1999 and 2000.
(Ord. No. 99-9953, ~ I, 10-18-99; Ord. No. 01-
10019, ~ I, 1-22-01)
Sec. 8-294. Mechanical contractor must have
a master heating, ventilation and
air-conditioning mechanic in full.
time employment.
Each person holding a mechanical contractor's
license as elsewhere set forth in this article shall
e
.
e
Supp. No. 16
have in his employ at all times, at least one (1)
person holding a valid master heating, ventilation
and air-conditioning mechanic's license. The me-
chanical contractor's license shall be valid only as
long as the named master heating, ventilation
and air-conditioning mechanic remains in the
employ of the licensee in an active, full-time
capacity. One and the same person may hold the
mechanical contractor's license and the master
heating, ventilation and air conditioning me-
chanic license. For the purpose of meeting the
requirements of this section, a master heating,
ventilation and air conditioning mechanic may
act as the master for only one mechanical contrac-
tor. The holder of a mechanical contractor's li-
cense shall keep the city clerk informed as to the
person holding a master heating, ventilation, and
air conditioning mechanic's license in their em-
ploy.
(Ord. No. 00-10011, ~ 7, 11-13-00)
Sees. 8-295-8-310. Reserved.
DIVISION 3. PERMITS AND INSPECTIONS
Sec. 8-311. Permit required.
(a) No mechanical contractor shall perform
any work regulated by the Uniform Mechanical
Code without first obtaining a pennit from the
building official.
(b) An owner/occupant ofa single-family dwell-
ing may install equipment regulated by this arti-
cle. A permit shall be obtained prior to commenc-
ing such work.
(Code 1966, ~ 9-445)
Sec. 8-312. Records of permits required.
(a) A complete record of the permits issued
shall be kept by the building official.
(b) Sales of equipment regulated by this arti-
cle, directly to consumers shall be recorded and
reported to the building official and inspections
on form provided by the building official. This
requirement is due to the hazards involved in the
improper installation of such equipment.
491
~ 8-312
SALINA CODE
(c) Consumers purchasing equipment shall be
advised by the seller of requirements for permits
and inspections.
(Code 1966, ~ 9-446)
Sec. 8-313. Building official to inspect.
It shall be the duty of the building official to
inspect, or cause to be inspected, any work for
which permits are required by this article.
(Code 1966, ~ 9-447)
Sec. 8-314. Inspection and approval re-
quired.
Any work performed under this article will
require inspection and approval by the building
official.
(Code 1966, ~ 9-448)
Sec. 8-315. Concealing work before inspec-
tion.
No mechanical contractor shall conceal, or cause
to be concealed, work performed under this article
prior to inspection and approval.
(Code 1966, ~ 9-449)
Sees. 8-316-8-330. Reserved.
ARTICLE IX. CODE FOR ABATEMENT OF
DANGEROUS BUILDINGS.
Sec. 8-331. Uniform Code for the Abatement
of Dangerous Buildings adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stan-
dards to safeguard life or limb, health, property
and public welfare by regulating and controlling
the abatement of dangerous buildings within the
city, that certain building code known as the
Uniform Code for the Abatement of Dangerous
Buildings, recommended and published by the
International Conference of Building Officials,
being particularly the 1988 Edition thereof, in-
cluding the appendices thereto, of which not fewer
than three (3) copies have been and now are filed
in the office of the city clerk, and the same is
hereby incorporated as fully as if set out at length
.Cross reference-Nuisances, Ch. 24.
Supp. No. 16
herein and the provisions thereof shall be control-
ling in the abatement of dangerous buildings
within the corporate limits of the city.
(Code 1966, ~ 9-460; Ord. No. 82-8932, ~ 1,8-2-82;
Ord. No. 89-9310, ~~ 1, 2, 2-6-89)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
Sees. 8-332-8-350. Reserved.
ARTICLE X. DEMOLITION, REMOVAL OR
RELOCATION OF BUILDINGS
DIVISION 1. GENERALLY
Sec. 8-351. Duties required of permittee.
It is hereby made the duty of all applicants to
whom a permit has been issued or granted by the
city to:
(1) Complete the work of moving, tearing
down, or dismantling within the time spec-
ified in the permit;
(2) On a building moved to property within
the city, to complete the building in accor-
dance with plans and specifications and
city building codes within time specified
in the permit;
(3) Clear from the premises left vacant by
such removal or demolition all trash, de-
bris, junk and discarded building mate-
rial;
(4) Removal of all foundation and slab floors
at least one foot below ground level, un-
less another building or other structure is
to be reerected immediately upon the foun-
dation as specified in the application for
the permit;
(5) Fill all open wells, cisterns, cellars, base-
ments or other excavations remaining on
said lot, unless the same are to be used
immediately with another structure to be
erected thereon;
492
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-364
.
(6) At all times keep the premises in a safe
condition in order to avoid creating a fire
hazard or any menace to the public health
or safety of the general public.
(Code 1966, ~ 9-328)
Sees. 8-352-8-360. Reserved.
DIVISION 2. PERMIT
Sec. 8-361. Required.
No person shall commence the removal, demo-
lition or relocation of any structure or any portion
thereof within the city without first securing a
permit from the building official as provided in
this division. The provisions of this article shall
also be applicable to the moving of a structure
from without the city limits to. property located
within the city.
(Code 1966, ~ 9-324)
e
Sec. 8-362. Application.
The application for a permit as required by this
division shall set forth the following:
(1) Name and address of applicant;
(2) '!\vo (2) photographs of the structure pro-
posed to be moved and located on property
within the city;
(3) Legal description of property upon which
the structure is now located and where
the structure is to be relocated;
.
(4) Plans and specifications for the relocation
of any structure within the city. Plans
must include full compliance with all ap-
plicable building codes of the city;
(5) Demolition plans shall include manner in
which work will be accomplished and a
description of the safeguards to be em-
ployed for protection of persons or prop-
erty;
(6) Time of commencement of work and esti-
mated time of completion
(Code 1966, ~ 9-326)
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Supp. No. 16
Sec. 8-363. Issuance.
Upon the filing of the application and bond
required in section 8-364 and the payment of the
fees as prescribed by the building code, the build-
ing official may issue a permit to the applicant if
he finds that the applications, in all respects,
complies with the provisions of this article and
other applicable provisions of the Code. The build-
ing official shall specify in the permit the time
granted by him for completion of all work re-
quired to be done thereunder. For good cause
shown, the building official may once extend the
period of time granted by the permit for comple-
tion ofthe work for a period not to exceed fifty (50)
percent of the time granted under the original
permit. Further extension of time may only be
granted upon proper application to the board of
commissioners. The permit may be issued subject
to such restrictions as may be necessary to insure
compliance with this article.
(Code 1966, ~ 9-327)
Sec. 8-364. Bond required.
The applicant for a permit under this division
shall file with the application bond in the sum of
no less than one thousand dollars ($1,000.00) to
guarantee that the applicant will comply with the
provisions of his permit and this article. If the
building official determines that the reasonable
cost of restoring the premises to the condition
provided for in this article are in excess of one
thousand dollars ($1,000.00), then the bond shall
be increased to such amount. If the application is
for demolition of a portion of residence owned and
occupied by the applicant or an accessory struc-
ture thereto, the applicant shall file a surety bond
signed by a corporate fiduciary authorized to do
business in the state, cash or the applicant's
signature bond. In the case of any other structure
the applicant shall file a surety bond duly signed
by a corporate surety authorized to do business in
the state or cash. On a case-by-case basis, the city
manager, upon recommendation of the building
official, may waive or reduce the requirements of
this section. If the applicant fails, neglects or
refuses to comply with all ofthe provisions ofthis
article or any condition as specified in his appli-
cation or permit, then the building official may
proceed forthwith, to put the premises in the
493
~ 8-364
SALINA CODE
condition provided for in this article or in the
permit. The actual cost incurred by the city to
make the premises comply with this article and
the conditions specified in the permit, may, at the
option of the city, either be taxed against the
property and a levy therefor be certified and
collected in the same manner as special assess-
ments, or be payable from the bond filed by the
applicant with the city clerk, or both if necessary.
(Code 1966, ~ 9-329; Ord. No. 88-9282, ~ 1, 10-17-
88)
Sees. 8-365-8-380. Reserved.
ARTICLE XI. SIGN CODE.
Sec. 8-381. Uniform Sign Code adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing minimum stan-
dards to safeguard life or limb, health, property
and public welfare by regulating and controlling
the design, quality of materials, construction,
location, electrification, and maintenance of all
signs and sign structures not located within a
building that certain sign code known as the
Uniform Sign Code recommended and published
by the International Conference of Building Offi-
cials, being particularly the 1988 Edition thereof,
and the whole thereof, and except such portions
as are hereinafter deleted, modified, or amended,
of which not fewer than three (3) copies have been
and are now on file in the office of the city clerk
and the same are incorporated herein as fully as if
set out at length herein and the provisions thereof
shall be controlling in the construction and erec-
tion of all signs within the corporate limits of the
city.
(Code 1966, ~ 9-63; Ord. No. 82-8924, ~ 1, 8-2-82;
Ord. No. 89-9311, ~~ 1, 2, 2-6-89)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12-3009 et seq.
Sec. 8-382. Permit required.
(a) No advertising sign subject to the provi-
sions of this article shall hereafter be hung or
erected until after a permit to hang, erect or
.Cross references-Advertising, Ch. 3; zoning regula-
tions for signs, ~ 42-501 et seq.
State law reference-Highway advertising control act,
K.S.A. 68-2231 et seq.
Supp. No. 16
locate the same has been obtained from the build-
ing official. No such permit shall be issued by the
inspector until an application has been filed in his
office showing the plans and specifications, includ-
ing stress diagrams or tabulated stresses, dimen-
sions, materials, and details of construction, to-
gether with complete details showing methods of
anchoring proposed signs or until the applicant
has paid the prescribed fee; provided, that porta-
ble ground signs not over eight (8) square feet in
area may be erected or located without the neces-
sity of obtaining a permit; provided further, that
no sign erected or constructed prior to the adop-
tion of this Code 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) Any person desiring a permit under the
provisions of this section shall, at the time of
receiving such permit, pay to the city the fee as
prescribed in section 2-2.
(Code 1966, ~~ 9-66, 9-67)
Sec. 8-383. License required for sign busi-
ness.
No person shall engage in the business of sign
hanging or the erection of signs within the corpo-
rate limits of the city without complying with the
provisions of this article and first obtaining a
license. There shall be a license fee as prescribed
in section 2-2 for such person engaged in the
business of sign hanging and the erection of signs.
All persons engaged in the business of sign hang-
ing and the erection of signs will come under this
license except those who are employed by contrac-
tors carrying a license. There shall be a separate
license for each place of business conducted by
any person; provided, that nothing in this section
shall prevent any person from hanging or erecting
any sign or signs to be used in advertising the
business of such person, but strict compliance
shall be made at all times in the hanging of such
signs with the provisions of this article. Theelicense shall be valid until December 31st of the
year issued. A new license will be issued for the
ensuing year ifthe fee is paid by January 15th. If
494
e
BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-401
.
the fee is not paid on or before January 15th a
new application must be made and fee paid before
a license will be issued.
Exemptions:
(1) A contractor or tradesman shall not be
required to obtain a license to install wall,
roof or ground signs.
(Code 1966, ~ 9-68; Ord. No. 00-10011, ~ 8, 11-13-
00)
Cross reference-Licenses generally, Ch. 20.
Sec. 8-384. Bond or insurance for persons
advertising their own business.
e
Any person desiring to erect or hang a sign to
advertise the business of such person in the city,
shall furnish the 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 re-
quired in section 8-384, which instrument or
instruments shall be subject to the approval of the
city attorney, and which bond or written agree-
ment and certificate of insurance shall be kept in
full force and effect for such time as such sign
remains in place.
(Ord. No. 00-10011, ~ 8, 11-13-00)
Sec. 8-385. Application of Chapter 42.
No sign shall be painted, constructed, erected,
remodeled, relocated or expanded other than in
accordance with Article X of Chapter 42 of this
Code, except with regard to the following provi-
sions which shall generally apply to noncommer-
cial opinion signs and political campaign signs.
For purposes of this article:
.
(1) "Noncommercial opinion sign" shall mean
a sign which does not advertise products,
goods, businesses or services and which
expresses an opinion or other point of
view, and shall include a political cam-
paign sign.
(2) "Election season" shall mean the period of
time commencing with the candidates'
filing deadline for an elective office or first
publication in the official county newspa-
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Supp. No. 16
per of a ballot question, and ending seven
(7) days after the general election for the
elective office or the ballot question.
(3) "Owner" shall mean the record title hold-
ers, contract purchasers in possession, or
tenants in possession, to be viewed collec-
tively as one (1) "owner" in relation to any
restrictions regarding numbers of signs.
(Ord. No. 00-10011, ~ 8, 11-13-00)
Sec. 8-386. Noncommercial opinion signs.
(a) The owner of a residential lot may at any
time post on the lot one (1) noncommercial opin-
ion sign not exceeding eight (8) square feet in
area.
(b) The owner of a nonresidential lot may at
any time post noncommercial opinion signs on the
lot in accordance with Article X of Chapter 42.
(Ord. No. 00-10011, ~ 8, 11-13-00)
Sec. 8-387. Political campaign signs.
(a) The owner of a residential lot may during
the election season post on the lot one (1) political
campaign sign not exceeding eight (8) square feet
for each candidate for an elective office and each
ballot question.
(b) The owner of a nonresidential lot may
during the election season post on the lot one (1)
political campaign sign not exceeding eight (8)
square feet for each candidate for an elective
office and each ballot question, in addition to
those signs otherwise permitted in accordance
with Article X of Chapter 42.
(Ord. No. 00-10011, ~ 8, 11-13-00)
Secs. 8-388-8-400. Reserved.
ARTICLE XII. FENCES, WALL AND
HEDGES
Sec. 8-401. Permit.
No person shall install any fence or wall with-
out first having procured a written permit there-
for from the building official. The city clerk shall
charge a fee as prescribed in section 2-2.
(Code 1966, ~ 9-346)
495
~ 8-402
SALINA CODE
Sec. 8-402. Erecting, maintaining for spite
prohibited.
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 incon-
venience in any other manner.
(Code 1966, ~ 9-347)
Sec. 8-403. Electrical fences prohibited.
No electrically charged fence shall be erected or
maintained.
(Code 1966, ~ 9-348)
Sec. 8-404. Erecting, maintaining on public
property.
No privately owned fence, wall or hedge shall
be erected or maintained on any public property;
provided however, a split rail fence not exceeding
a height of three (3) feet may be erected within
the right-of-way of a local residential street when
placed at least six (6) feet from the curb or
traveled way.
(Code of 1966, ~ 9-349; Ord. No. 92-9511, ~ 1,
6-22-92)
Sec. 8-405. Hedges along streets, alleys.
It shall be unlawful for the owner or occupant
of any real estate in the city to permit or allow any
hedge standing or growing thereon as a fence
along any of the public streets or alleys of the city
to be or become more than three (3) feet in height
or to permit or allow the same to extend into the
streets or alleys more than one (1) foot.
(Code 1966, ~ 9-350)
Sec. 8-406. Fences classified.
For the purposes of this article, fences are
hereby classified into the following types:
(1) Class 1. Masonry walls;
(2) Class 2. Ornamental iron;
(3) Class 3. Woven wire or chain link.
(4) Class 4. Wood picket or split rail (more
than fifty (50) percent open);
Supp. No. 16
(5) Class 5. Solid fences (wood or metal less
than fifty (50) percent open).
(Code 1966, ~ 9-351; Ord. No. 92-9511, ~ 2, 6-22-
92)
Sec. 8-407. Requirements for fences, hedges
enclosing dwelling plots.
In any location zoned residential, fences shall
conform to the following requirements:
(1) Front yard. Front yard fences and hedges
erected in front of the required front yard
building line (see zoning ordinance) shall
be of any class, and shall not exceed a
height of four (4) feet, excepting classes 1
and 5, which shall not exceed a height of
three (3) feet. Fences and hedges on cor-
ner lots in which the rear yard abuts the
front yard of the adjoining lot shall con-
form to the requirements for front yard
fences and hedges for such part of the
fence or hedge as abuts the adjoining
front yard.
a. Fences on double frontage lots. Where
a property consists of a lot, two (2)
opposite lot lines of which abut pub-
lic streets which are, more or less,
parallel thus requiring compliance
with two (2) front yard setbacks, a
solid fence may be erected, not to
exceed six (6) feet in height along the
yard which has been designated as
the rear yard by the owner or devel-
oper. When one (1) of the streets
abutting such a lot has been offi-
cially designated by the city as an
arterial street, said fence shall not
be erected in violation of section 42-81
on obstructing visibility at intersec-
tions. However, when the fence would
adjoin or would lie within twenty-
five (25) feet of an adjacent unfenced
front yard, a fence permit may be
issued by the building official only if
a written protest is not received
within seven (7) days from the adja-
cent affected property owners. Such
protest period shall commence on
496
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BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-425
.
the date of receipt of a certified no-
tice of intent from the building offi-
cial.
(2) Side yard. Side yard fences erected back
of the required front yard building line
and within the required side yard of the
lot (see zoning ordinance) may be of any
class not over six (6) feet in height. The
height restrictions herein provided shall
not be applicable to planting of shrubs
and/or trees used as a hedge.
(3) Rear yard. Rear yard fences and hedges
erected along the rear property line may
be of any class and height, except as
provided by subsection (1).
(4) Prohibited fences. No barbed wire or other
sharp pointed fences 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 six (6) feet above the
grade of the high side.
(6) Retaining walls. 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 re-
taining wall would be unsightly or detri-
mental 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 al-
lowed for a class one (1) fence, which
height is measured from the low side of
the wall.
e
.
(7) Variations. When, in the judgement ofthe
board of appeals, the public health, safety
and welfare will be substantially served,
the neighborhood property will not be
materially damaged, and a certified copy
of a written agreement between neighbor-
e
Supp. No. 16
ing property owners has been filed with
the board of appeals, it may, at its discre-
tion vary the requirements herein; pro-
vided, that no violation of section 42-8
may be permitted.
(Code 1966, ~ 9-352; Ord. No. 81-8841, ~ 1, 3-23-
81; Ord. No. 00-10011, ~ 9, 11-13-00)
Sec. 8-408. Barbed wire.
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 be guilty of a misdemeanor.
(Code 1966, ~ 9-353)
Sec. 8-409. Requirements for commercial
and industrial fences.
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 front yard setback spaces (see zoning
regulations), they shall be limited to class 3 type
fences which shall not exceed a height of eight (8)
feet.
(Code 1966, ~ 9-354; Ord. No. 85-9080, ~ 1, 7-22-
85)
Sec. 8-410. Maintenance of fences.
Fences shall be kept in repair and any dilapi-
dated, dangerous or unsightly fence shall be re-
moved or repaired when so ordered by the build-
ing official.
(Code 1966, ~ 9-355)
Sec. 8-411. Violations declared nuisances; re-
moval.
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.
(Code 1966, ~ 9-356)
Cross reference-Nuisances, Ch. 24.
Sees. 8-412-8-425. Reserved.
497
~ 8-426
SALINA CODE
ARTICLE XIII. RESERVED*
Sees. 8-426-8-460. Reserved.
ARTICLE XIV. PRIVATE SWIMMING
POOLS
Sec. 8-461. Definitions.
For the purpose of this article, certain terms
shall have the meanings respectively ascribed to
them:
(1) Private swimming pool shall mean that it
is not open to the public, that is not
publicly owned or not otherwise regulated
by the State of Kansas, either by statute
or by rules and regulations by one of its
administrative bodies.
(2) Swimming pool shall mean any artifi-
cially constructed permanent or portable
pool capable of being used for swimming
or bathing, having a depth of two (2) feet
or more at any point.
(Ord. No. 83-8962, ~ 1, 5-2-83)
Sec. 8-462. Permit required.
It shall be unlawful to construct or establish a
private swimming pool either in or upon the
ground without first having obtained a permit
therefor from the permits and inspections divi-
sion.
(Ord. No. 83-8962, ~ 1, 5-2-83)
Sec. 8-463. Application for permit.
Application for maintenance and construction
of a private swimming pool shall be made to the
permits and inspections division by the owner of
the property or the contractor. The application
shall be accompanied by plans, specifications and
a plot plan of the property. The plot plan shall
show the accurate location of the proposed swim-
ming pool on the property.
(Ord. No. 83-8962, ~ 1, 5-2-83)
.Editor's note-Ord. No. 00-10011, ~ 10, adopted Nov. 13
2000, repealed Art. XIII, ~~ 8-426--8-429, 8-436--8-438, 8-446,
8-447 in their entirety. Formerly, said sections pertained to
elevators and elevator installation as adopted by Code 1966,
as amended. See the Code Comparative Table.
Supp. No. 16
Sec. 8-464. Construction, design and main-
tenance generally.
(a) Construction and design. Construction and
design of private swimming pools shall be such
that they may be maintained and operated as
clean and sanitary pools at all times.
(b) Maintenance. The owner of every private
swimming pool shall be responsible for maintain-
ing said pool in good sanitary condition and shall
prevent breaks in the pool and water from the
pool overflowing onto adjacent public or private
property.
(Ord. No. 83-8962, ~ 1, 5-2-83)
Sec. 8-465. Compliance with the plumbing
code.
All piping, drains and water purification equip-
ment shall be installed in accordance with the
provisions of the plumbing code of the city.
(1) Source of water supply. No source of water
other than that secured from the city
water distribution system shall be used in
private swimming pools.
(2) Backflow prevention required. All water
inlet pipes shall be equipped with ap-
proved back-flow protection.
(3) Discharge system. All private swimming
pools hereafter constructed shall be pro-
vided with at least one drainage outlet
extending from the pool to either a storm
sewer or other drainage area which shall
be approved by the permits and inspec-
tions division.
(Ord. No. 83-8962, ~ 1, 5-2-83)
Sec. 8-466. Compliance with the electrical
code; lighting.
(a) Generally. All electrical installations pro-
vided or installed in conjunction with private
swimming pools shall be installed in conformance
with the National Electrical Code.
(b) Lighting. No artificial lighting shall be
maintained or operated in such a manner as to be
a nuisance to the neighboring properties.
(Ord. No. 83-8962, ~ 1,5-2-83)
498
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BUILDINGS, STRUCTURAL APPURTENANCES
Sec. 8-467. Location of pools.
Outside or open air swimming pools shall be
located in compliance with the chapter 42 of the
Salina Code.
(Ord. No. 83-8962, ~ 1, 5-2-83)
Sec. 8-468. Enclosure of pools.
Every private swimming pool shall be com-
pletely enclosed by a fence or wall not less than
six (6) feet in height. The design of such wall may
be solid or shall be designed so that no portion of
the fence or wall shall permit the passing of a
six-inch sphere through the fence or wall. In
addition the fence or wall shall not be designed
with features which could be used for climbing
over said fence or wall. Gates shall be self-closing
and shall have a latch or other mechanism which
shall engage automatically on closing. Exception:
The door of a dwelling which opens onto a pool
enclosure need not be equipped with such a de-
vice.
(Ord. No. 83-8962, * 1, 5-2-83)
Secs. 8-469-8-475. Reserved.
ARTICLE X\T. RESERVED.
Secs. 8-476-8-499. Reserved.
ARTICLE XVI. STRUCTURES DAMAGED
BY FIRE, EXPLOSION, OR WINDSTORMt
Sec. 8-500. Authorization.
The city is hereby authorized to utilize the
procedures established by K.S.A. 40-3901 et seq.,
whereby no insurance company shall pay a claim
of a named insured for loss or damage to any
*Editor's note-Ord. No. 00-10011, ~ 11, adopted Nov. 13
2000, repealed Art. XV, ~~ 8-476--8-478, 8-486--8-489, in
their entirety. Formerly, said sections pertained to sandblast-
ing as adopted by Code 1966, as amended. See the Code
Comparative Table.
tEditor's note-Sections 1 and 2 of Ord. No. 97-9809,
adopted June 23, 1997, amended Art. XVI in its entirety, in
effect repealing ~~ 8-500-8-507 and enacting similar new
provisions in lieu thereof as herein set out. Formerly, such
provisions derived from ~ 1 ofOrd. No. 87-9220, adopted Oct.
26, 1987.
Supp. No. 16
~ 8-501
building or other structure located within the city,
arising out of any fire, explosion, or windstorm,
where the amount recoverable for the loss or
damage to the building or other structure under
all policies is in excess of seventy-five (75) percent
of the face value of the policy covering such
building or other insured structure, unless there
is compliance with the procedures set out in this
article.
(Ord. No. 97-9809, ~ 1, 6-23-97)
Sec. 8-501. Procedure.
(a) When final settlement on a covered claim
has been agreed to or arrived at between the
named insured and the company and final settle-
ment exceeds seventy-five (75) percent of the face
value of the policy covering any building or other
insured structure, and when all amounts due to
the holder of a first real estate mortgage against
the building or other structure, pursuant to the
terms of the policy and endorsements thereto,
shall have been paid, the insurance company
shall execute a draft payable to the director of
finance in an amount equal to the sum of fifteen
(15) percent of the covered claim payment unless
the building official of the city has issued a
certificate to the insurance company that the
insured has removed the damaged building or
other structure, as well as all associated debris or
replaced, rebuilt, or otherwise made the premi~es
safe and secure.
(b) Such transfer of funds shall be on a pro
rata basis by all companies insuring the building
or other structure. Policy proceeds remaining
after the transfer to the city shall be disbursed in
accordance with the policy terms.
(c) Upon the transfer of funds as required by
subsection (a) of this section, the insurance com-
pany shall provide the city with the name and
address of the named insured, the total insurance
coverage applicable to said building or other struc-
ture, and the amount of the final settlement
agreed to or arrived at between the insurance
company and the insured whereupon the building
official shall contact the named insured by regis-
tered mail, notifying them that the insurance
499
~ 8-501
SALINA CODE
proceeds have been received by the city and
apprise them of the procedures to be followed
under this article.
(Ord. No. 97-9809, ~ 1, 6-23-97)
Sec. 8-502. Fund created; deposit of mon-
eys.
The director of finance is hereby directed to
create a fund to be known as the "Insurance
Proceeds Fund." All moneys received by the direc-
tor of fmance as provided for by this article shall
be placed in that fund and deposited in an interest-
bearing account.
(Ord. No. 97-9809, ~ 1, 6-23-97)
Sec. 8-503. Building inspector; investigation,
removal of structure.
(a) Upon receipt of moneys as provided for by
this article, the director of finance shall immedi-
ately notify the building official of the receipt, and
transmit all documentation received from the
insurance company to the building official.
(b) Within twenty (20) days of the receipt of
the moneys, the building official shall determine,
after prior investigation, whether the city shall
instigate proceedings under the provisions ofKS.A.
12-1750 et seq., as amended.
(c) Prior to the expiration of the twenty (20)
days established by subsection (b) of this section,
the building official shall notify the director of
finance whether he or she intends to initiate
proceedings under KS.A. 12-1750 et seq., as
amended.
(d) If the building official has determined that
proceedings under KS.A. 12-1750 et seq., as
amended, shall be initiated, he or she will do so
immediately but no longer than thirty (30) days
after receipt of the moneys by the director of
finance.
(e) Upon notification to the director of finance
by the building official that no proceedings shall
be initiated under KS.A. 12-1750 et seq., as
amended, the director of finance shall pay all such
moneys received, plus interest, to the insured as
identified in the communication from the insur-
ance company.
(Ord. No. 97-9809, ~ 1, 6-23-97)
Supp. No. 16
Sec. 8-504. Removal of structure.
If the building official determines that it is
necessary to act under KS.A. 12-1750 et seq., as
amended, with regard to a building or other
structure damaged by fire, explosion, or wind-
storm, any proceeds received by the director of
finance under the authority of section 8-501(a)
relating to that building or other structure shall
be used to reimburse the city for any expenses
incurred by the city in repairing or removing the
building or other structure. All moneys in excess
of that which is ultimately necessary to comply
with the provisions for the repair of the building
or other structure, less salvage value, if any, shall
be paid to the insured. Should the expenses
incurred by the city exceed the insurance pro-
ceeds paid to the director of finance under section
8-501(a) the excess expenses incurred shall be
assessed against the property and paid and col-
lected in the manner provided by KS.A. 12-1755,
as amended.
(Ord. No. 97-9809, ~ 1, 6-23-97)
Sec. 8-505. Relation to insurance policies.
This article shall not make the city a part to
any insurance contract, nor is the insurer liable to
any party for any amount in excess of the pro-
ceeds otherwise payable under its insurance pol-
icy.
(Ord. No. 97-9809, ~ 1, 6-23-97)
Sec. 8-506. Insurers; liability.
Insurers complying with this article or attempt-
ing in good faith to comply with this article shall
be immune from civil or criminal liability and
such action shall not be deemed in violation of
KS.A. 40-2404 and any amendments thereto,
including withholding payment of any insurance
proceeds pursuant to this article, or releasing or
disclosing any information pursuant to this arti-
cle.
(Ord. No. 97-9809, ~ 1,6-23-97)
Sec. 8-507. Regulations authorized.
The city manager is hereby authorized to pro-
mulgate any further regulations necessary to
implement the provisions of this article.
(Ord. No. 97-9809, ~ 1, 6-23-97)
500
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BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-515
.
ARTICLE XVII.
CONTRACTORSITRADESMAN
REGISTRATION
Sec. 8-508. Definitions.
The following words and phrases, when used in
this article, shall have the following meanings
respectively ascribed to them:
Contractor: A person that plans and supervises
the unlimited construction, alteration, remodel-
ing, addition, improvement or repair of any build-
ing or structure.
Registrant: Any contractor or tradesman regis-
tered as required by this article.
e
Tradesman: A person that plans and super-
vises the construction, alteration, remodeling, ad-
dition, improvement or repair of any residential
building or structure in an amount not to exceed
twenty-five thousand dollars ($25,000.00).
(Ord. No. 00-10005, ~ 1, 11-13-00)
Sec. 8-509. Registration required.
I t shall be unlawful for any person to perform
work that requires a permit and/or erect, con-
struct, enlarge, alter, repair, move, improve, re-
move, convert or demolish any building or struc-
ture in the city, or cause the same to be done
unless such person has been validly registered
with the city to perform such work. In extending
the rights and privileges of registration, the city
makes no statement of the technical competency
of the registrant.
Exemptions:
.
(1) The owner occupant of a residential dwell-
ing for work performed at that location
whether or not a permit is required.
e
(2) The property owner or persons who are
regularly employed by the property owner,
when work performed at that location
does not require a permit.
(Ord. No. 00-10005, ~ 1, 11-13-00)
Supp. No. 16
Sec. 8-510. Application required.
An applicant for registration shall complete an
application form available from the city clerk's
office. The information to be provided includes the
following:
(1) The complete name, mailing address, street
address, and telephone number of the
proposed registrant.
(2) Other pertinent information deemed nec-
essary by the building official.
(Ord. No. 00-10005, ~ 1, 11-13-00)
Sec. 8-511. Registration to be displayed.
Each registrant shall conspicuously post or
display the registration in the public reception
area of the registrant's place of business.
(Ord. No. 00-10005, ~ 1, 11-13-00)
Sec. 8-512. Expiration, renewal of registra-
tion.
Each registration shall expire on the thirty-
first day of December regardless of when the
registration was secured and should be renewed
within thirty (30) days prior to that date.
(Ord. No. 00-10005, ~ 1, 11-13-00)
Sec. 8-513. Fee.
The registration fees and renewal fees shall be
paid to the city clerk. All fees shall be as pre-
scribed in section 2-2.
(Ord. No. 00-10005, ~ 1, 11-13-00)
Sec. 8-514. Deadline for renewal of registra-
tion.
No renewal registration certificate will be is-
sued to any registrant after January thirty-first.
Renewal requests received after that date will be
handled as an initial application.
(Ord. No. 00-10005, ~ 1, 11-13-00)
Sec. 8-515. Certificates not transferable; mis-
use.
(a) No registrant shall allow his/her registra-
tion, by name or other identification, to be trans-
ferred, assigned, or used in any manner directly
or indirectly, or for any purpose, by any person
other than the registrant.
501
~ 8-515
SALINA CODE
(b) No person shall advertise in any manner or
use the title or designation of any registrant
regulated herein, unless registered under the
provisions of this article.
(Ord. No. 00-10005, ~ 1, 11-13-00)
Sec. 8-516. Bond required.
(a) Each registrant shall file with the city
clerk's office a corporate surety bond in the prin-
cipal sum often thousand dollars ($10,000.00) to
be approved by the city attorney as to form and
surety, conditioned that the principal therein will
save the city free and harmless from all liability
for any injury to persons or property which the
principal, its agents, or employees may cause by
reason of engaging in the business of contracting
in the city, and further conditioned for a full
compliance with the provisions of this article and
the prosecution of such business.
(b) All bonds in force at the time of completion
of any work shall continue in force so far as work
is concerned, for a period of one (1) year from the
date of completion of the work. A new bond or an
extension certificate of an old bond shall be filed
upon the expiration of any bond.
Exception: Surety bond requirement waived un-
der the following conditions; when work per-
formed is not regulated by the Uniform Building
Code and/or the work performed does not require
a permit and/or when the owner of the property is
performing the work.
(Ord. No. 00-10005, ~ 1, 11-13-00; Ord. No. 00-
10041, ~ 1, 6-25-01)
Sec. 8-517. Insurance required.
Each registrant shall procure and maintain in
full force, for the duration of the registration,
public liability insurance, with limits of not less
than the maximum liability for claims which
could be asserted against the city, for any number
of claims arising out of a single occurrence or
accident under the Kansas Tort Claims Act, as
amended (currently five hundred thousand dol-
lars ($500,000.00)). Each registrant shall also
procure and maintain in full force, for the dura-
tion of the registration, Workman's Compensation
Insurance as required by the State of Kansas.
Proof of coverage for all required insurance poli-
Supp. No. 16
cies shall be on file with the city at all times. Each
insurance policy shall contain a clause to the
effect that the policy shall not at any time during
the registration period be canceled or reduced,
restricted or limited, unless the city clerk's office
is given ten (10) days written notice.
(Ord. No. 00-10005, ~ 1, 11-13-00)
Sec. 8-518. Suspension and revocation.
(a) Any registration provided for in this article
may be suspended or revoked for cause by the city
manager. Acts that may be deemed as sufficient
cause for revocation or suspension of registration
may include but are not limited to the following:
(1) Misrepresentation of a material fact in
obtaining registration.
(2) Fraudulent use of a person or firm's reg-
istration.
(3) A willful violation or repeated violations
of the technical codes and other related
city ordinances, or failure to comply with
any lawful order of the building official.
(4) Negligence in providing reasonable safety
measures for the protection of workers
and the public.
(5) Bad faith or unreasonable delay in the
performance of work.
(b) Each registrant shall be held responsible
for the violation of these and other related regu-
lations by the registrant by persons or subcontrac-
tors employed by the registrant. The building
official shall notify the registrant in writing at
any time the registrant's registration is under
consideration for suspension or revocation. A date,
no less than ten (10) days after notification is
mailed, will be established for a hearing before
the city manager to which the registrant may
appear and be heard. The city manager shall
provide, in writing, his decision regarding the
status of the registrant.
(c) Appeal. Any suspension or revocation of the
registrant may be appealed to the board of city
commissioners by filing a notice of appeal with
the city clerk's office within thirty (30) days ofthe
notice given by the city manager. The appeal shall
be heard by the board of city commissioners at
502
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BUILDINGS, STRUCTURAL APPURTENANCES
~ 8-518
.
their next regularly scheduled meeting. Any deci-
sion of the board of city commissioners shall be
subject to appeal pursuant to applicable state law.
(Ord. No. 00-10005, ~ 1, 11-13-00)
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[The next page is 537}
Supp. No. 16
503
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Chapter 9
CEMETERIES.
.Case law annotation-Construction and operation of mortuary on real estate dedicated for purposes of sepulture, or any other
commercial use of any portion of that area not directed to selling of cemetery lots with proper access thereto or for maintenance
and beautification of area, constitutes use in a manner not contemplated by original dedication, not fairly within terms of that
dedication, and not within scope of statutes regulating cemetery corporations. Connolly v. Frobenius, 2KA2d 30, 574 p. 2d 971
(1978).
Cross reference-Streets, sidewalks and other public places, Ch. 35.
State law reference-Municipal cemeteries, K.S.A 17-1301 et seq.
Supp. No.9
537
e CEMETERIES ~ 9-4
Sec. 9.1. Management.
. The city manager is hereby directed to super-
vise, manage and operate The Gypsum Hill Cem-
etery, being a municipal cemetery of the city,
under such rules, bylaws and regulations as may
be adopted by the board of commissioners.
(Code 1966, ~ 10-1)
Sec. 9.2. Employees.
The city manager is hereby authorized to em-
ploy such persons as may be necessary to operate
and maintain the municipal cemetery under the
rules, bylaws and regulations of the board of com.
missioners.
(Code 1966, ~ 10-2)
Sec. 9.3. Closing hours of Gypsum Hill-Cem.
etery.
The Gypsum Hill Cemetery shall be closed to
the general public between the hours of midnight
and 5:00 a.m. No persons other than law enforce-
e ment officers and city employees engaged in city
business shall either enter or remain within the
Gypsum Hill Cemetery when the cemetery is to
be closed to the general public.
(Ord. No. 92.9497, ~ 1,4-6-92)
Sec. 9.4. Rules of conduct.
(a) The city manager is hereby authorized and
directed to adopt and amend such rules and reg-
ulations regarding the manner of conduct of per-
sons entering into the Gypsum Hill Cemetery so
as to maintain an atmosphere appropriately re-
spectful toward those deceased persons interred
there. Such rules and regulations and any amend-
ments thereto must be approved by the governing
body and filed in the office of the city clerk prior
to implementation.
(b) Any person who persists in violating such
rules and regulations after being warned by a po-
lice officer or other employee of the city shall be
. deemed to have forfeited the privilege of entering
the cemetery, and shall be guilty of criminal tres.
pa.ss.
(Ord. No. 92.9497, ~ 1, 4-6-92)
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[The next page is 587]
Supp. No.9 539
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CIVIL EMERGENCIES AND DISASTERS.
Chapter 10
Art. I. In General, to 10-1-10-115
Art. II. City-County Emergency Preparedness Board, to 10-16-10-38
Art. m. Emercency Proclamation, 0110-39-10-49
Art. IV. Emerpncy Action in ReSPOllH to a Release or Threatened
Release of Material into or upon the Environment, fA
10-150-10-153
ARTICLE I. IN GENERAL
Sees. 10-1-10-15. Reserved.
ARTICLE II. CITY.COUNTY
EMERGENCY PREPAREDNESS
BOARDt
Sec. 10-16. Purposes.
The declared purposes of this article are to pro-
vide for the preparation and carrying out of plans
for the protection of persons and property within
Salina and Saline County in the event of a disas-
ter. (Res. No. 3245, ~ 1,9-8-75)
Sec. 10-17. Definitions.
The following words and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
Disaster shall mean the occurrence or imminent
threat of widespread or severe damage, injury or
loss of life or property resulting from any natural
or man-made cause, including, but not limited to,
fire, flood, earthquake, wind, storm, epidemics,
air contamination, blight, drought, infestation,
explosion, riot or hostile military or paramilitary
action.
ble, to prevent, minimize, and repair injury and
damage resulting from disasters. (Res. No. 3245,
~ 2, 9-8-75)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 10-18. Organization of board.
(a) There is hereby created a Salina-Saline County
Emergency Preparedness Board, hereinafter re-
ferred to as the "board", which shall consist of
five (5) members to be selected as follows:
(1) The board of commissioners of the city shall
appoint two (2) members, at least one of which
shall be a city commissioner. The city com-
mission member shall be appointed annually
and the other member for a term of three (3)
years.
(2) The board of commISSIOners of the
county shall appoint two (2) members, at least
one of which shall be a county commissioner.
The county commissioner shall be appointed
annually and the other member for a term of
three (3) years.
(3) The four (4) members appointed above pro-
vided shall appoint a fifth member who shall
serve for a term of two (2) years. If the four (4)
members are unable to agree upon a fifth
member, then the probate judge of the county
shall appoint the fifth member by January
twentieth.
Emergency preparedness means the preparation
for and the carrying out of all emergency func-
tions, other than functions for which military forces (b) The board shall organize annually on or
or other federal agencies are primarily responsi- before January thirtieth of each year. In the event
tC I Ad . . t t' Ch 2 b ard d of resignation or death of any member of the board,
ross re.erences- mInIS ra lon, .; 0 s an com. . . . . . .
missions generally, ~ 2.136 et seq. ~IS .~ltIon shall be filled by the onglOal appolOt-
State law reference-Disaster agencies, K.S.A. 48.929. 109 \#y.
.State law references-Militia, defense and public safety, K.S.A. Ch(48; emergency preparedness for disasters, K.S.A. 48.904
et seq.
Supp. No.8
587
S 10-18
SALINA CODE
(c) The members of the board shall serve with-
out compensation, but shall be reimbursed for
actual and necessary expenses incurred in con-
nection with their duties.
(d) The board shall be provided with appropri-
ate office space, supplies and equipment in the
emergency operations center, but it shall incur no
expense until the same has been authorized by
the governing bodies of the city and county, and
the funds from which such expenses shall be pay-
able have been designated; provided, nothing herein
shall be construed as requiring such authoriza-
tion or designation where work is done by a regu-
lar officer, office, department, board or other agency
of the city or county for the benefit of the board.
(Res. of 3245, ~ 3,9-8-75)
Sec. 10-19. Power and duties of the board.
The Salina-Saline County Emergency Prepared-
ness Board shall have the following powers and
duties:
(1) To employ an overall coordinator to super-
vise and coordinate the activities of all emer-
gency preparedness in the city and county.
Such coordinator shall have authority to
make additional appointments, however, they
shall be confirmed by the board before be-
coming effective;
(2) To adopt, amend and repeal rules, regula-
tions and bylaws governing its procedure I
and activities;
(3) To supervise Salina-Saline County Emer-
gency Preparedness Department and to co-
operate with any federal and state agen-
cies created and existing from time to time
for the purpose of effectuating emergency
preparedness;
(4) To act jointly and cooperate with other emer-
gency preparedness organizations;
(5) To assist the division of emergency prepared-
ness of the state and perform such services
as required;
(6) To create boards and/or committees, either
within or without its membership, to aid in
the discharge of its power and duties;
Supp. No.8
(7) To supervise and direct investigations and
report to the governing bodies of the city
and county and to the governor and adju-
tant general of the state with recommen-
dations for legislation, regulations or other
appropriate action as it may deem neces-
sary with respect to the type of activity or
matters of public concern or welfare inso-
far as the same shall or may be related to
defense and relief from the effects of man-
made or natural disasters;
(8) To request the cooperation and assistance
of the agencies and officials of the city and
county in the state; ,
(9) To confirm emergency plans and the ex-
penditure of funds;
(10) To exercise the legislative function. (Res.
No. 3245, ~ 4, 9-8-75)
Sec. 10-20. Authority and duties of the co-
ordinator of Salina-Saline County
Emergency Preparedness De-
partment.
(a) There is hereby created the position of co-
ordinator of Salina-Saline County Emergency Pre-
paredness Department. Such coordinator shall be
employed by the board.
(b) The coordinator is hereby empowered:
J) To request the boards of city and county
commissioners to proclaim the existence or
the threatened existence of a disaster or an
emergency and the termination thereof; if the
boards of the city and county commissioners
are in session, or, to issue such proclamation
if the boards of city and county commission-
ers are not in session, subject to confirmation
by the board of city and county commission-
ers at the earliest practicable time;
(2) Through the city and city commissioners, to
proclaim a state of disaster or a state of ex-
treme emergency when in the opinion of the
coordinator, local resources are inadequate
to cope with the disaster;
(3) To control and direct the effort of emergency
preparedness in this city and county for the
accomplishment of the purpose of this article;
588
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CIVIL EMERGENCIES AND DISASTERS
(4) To coordinate the cooperation between divi-
sions, services, and staff of the emergency
preparedness effort of this city and county,
and to resolve questions of authority that may
arise between them;
(5) To administer emergency preparedness pur-
suant to programs and methods approved by
the board;
(6) To supervise the administrative functions of
the Salina-Saline County Emergency Prepared-
ness Department;
(7) To represent the Salina-Saline County
Emergency Preparedness Department in all
dealings with the public, private business and
industry, and government agencies pertain-
ing to emergency preparedness functions. (Res.
No. 3245, ~ 5, 9-8-75)
Sec. 10-21. Succession.
In the event of the death, nonavailability or
failure of the coordinator to act, the assistant
coordinator shall thereupon become the acting
coordinator and shall be vested with all the pow-
ers of the coordinator, until such time as the co-
ordinator reverts to his position or a new coordi-
nator is employed by the board. In the event the
assistant coordinator is unable to assume the du-
ties of the coordinator, the chairman of the board,
the vice-chairman of the board, or a member of
the board, in that order, will assume the duties of
the coordinator. (Res. No. 3245, ~ 6,9-8-75)
Sec. 10-22. Organization of emergency pre.
paredness.
All officials and employees of the city and coun-
ty, together with those volunteer forces enrolled
to aid them during a disaster, and all groups,
organizations and persons who may by agreement
or operation of law be charged in the city and
county during such disaster, shall constitute the
emergency preparedness organization of the city
and county. (Res. No. 3245, ~ 7,9-8-75)
Sec. 10-23. Budget and expenditures.
The emergency preparedness board shall pre-
pare a proposed budget estimating the amount of
funds necessary to carry on the program of emer-
Supp. No.8
~ 10-39
gency preparedness, which budget shall be sub-
mitted to the governing bodies of the city and
county as is herein provided. The funds necessary
to meet the expenditures shall be provided equally
by the city and county. Payment of all bills shall
be made as provided by law, provided current
monthly operating expenses shall be certified to
the board. (Res. No. 3245, ~ 8, 9-8-75)
Sec. 10-24. Termination of board.
The Salina-Saline County Emergency Prepared-
ness Board shall terminate or cease activities when-
ever the board is dissolved or suspended by action
of the boards of city and county commissioners, or
as by law provided. (Res. No. 3245, ~ 9,9-8-75)
Sec. 10-25. Necessity declared.
This article is hereby declared necessary for
the preservation of the public peace, health and
safety. (Res. No. 3245, ~ 10, 9-8-75)
Sees. 10-26-10-38. Reserved.
ARTICLE Ill. EMERGENCY
PROCLAMATION
Sec. 10-39. Authority of mayor.
Whenever, in the judgment of the mayor or in
the event of his inability to act, the acting mayor
determines that an emergency exists as a result
of mob action or other civil disobedience causing
danger of injury to or damages to persons or prop-
erty, he shall have power to impose by proclama-
tion any or all of the following regulations neces-
sary to preserve the peace and order of the city:
(1) To impose a curfew upon all or any portion of
the city thereby requiring all persons in such
designated curfew areas to forthwith remove
themselves from the public streets, alleys,
parks or other public places; provided, how-
ever, that physicians, nurses and ambulance
operators performing medical services, util-
ity personnel maintaining essential public ser-
vices, firemen and city authorized or requested
law enforcement officers and personnel may
be exempted from such curfew;
589
~ 10.39
SALINA CODE
(2) To order the closing of any business estab-
lishments anywhere within the city for the
period of the emergency, such businesses to
include, but not be limited to, those selling
intoxicating liquors, cereal malt beverages,
gasoline or firearms;
(3) To designate any public street, thoroughfare
or vehicle parking areas closed to motor ve-
hicles and pedestrian traffic;
(4) To call upon regular and auxiliary law en-
forcement agencies and organizations within
or without the city to assist in preserving
and keeping the peace within the city. (Code
1966, ~ 1O~-1)
Sec. 10-40. Effective time.
The proclamation of emergency provided in this
article shall become effective upon its issuance
and dissemination to the public by appropriate
news media. (Code 1966, ~ 10~.2)
Sec. 10-41. Termination.
Any emergency proclaimed in accordance with
the provisions of this article shall terminate after
forty-eight (48) hours from the issuance thereof,
or upon the issuance of a proclamation determin.
ing an emergency no longer exists, whichever oc-
curs first; provided, however, that such emergency
may be extended for such additional periods of
time as determined necessary by resolution of the
board of commissioners. (Code 1966, ~ 10~.3)
Sec. 10-42. Failure to comply.
Any person who shall willfully fail or refuse to
comply with the orders of duly authorized law
enforcement officers or personnel charged with
the responsibility of enforcing the proclamation
of emergency authorized in this article shall be
deemed guilty of a misdemeanor. (Code 1966, ~
10~.4)
Secs. 10-43-10.49. Reserved.
Supp. No.8
ARTICLE IV. EMERGENCY ACTION IN .
RESPONSE TO A RELEASE OR
THREATENED RELEASE OF MATERIAL
INTO OR UPON THE ENVIRONMENT
Sec. 10.50. Definitions.
The following definitions shall apply in the in-
terpretation and enforcement of this article:
Governmental entities shall include the City of
Salina, Saline County, the Salina-Saline County
Emergency Preparedness Department, the Salina
Airport Authority, and any entity responding
under a mutual aid agreement with the City of
Salina.
Person shall include any individual, corpora-
tion, association, partnership, firm, trustee or legal
representative.
Emergency action shall mean all of the con-
certed activities conducted in order to prevent or
mitigate injury to human health or the environ-
ment from a release or threatened release of any
material into or upon the environment.
Recoverable expenses. In general, "recoverable
expenses" are those expenses that are reasonable,
necessary and allocable to the emergency action.
Recoverable expenses shall not include normal ex-
penditures that are incurred in the course of pro-
viding what are traditionally local services and
responsibilities, such as routine firefighting. Ex-
penses allowable for recovery may include, but
are not limited to:
(1) Disposable materials and supplies acquired,
consumed and expended specifically for the
purpose of the emergency action.
(2) Compensation of employees for the time and
efforts devoted specifically to the emergency
action that is not otherwise provided for in
the governmental entity's operating budget.
(3) Rental or leasing of equipment used specif-
ically for the emergency action (e.g., protec-
tive equipment or clothing, scientific and
technical equipment).
(4) Replacement costs for equipment owned by
the governmental entity that is contami-
nated beyond reuse or repair, if the govern.
590
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CML EMERGENCIES AND DISASTERS
~ 10-53
mental entity can demonstrate that the
equipment was a total loss and that the
loss occurred during the emergency action
(e.g., self-contained breathing apparatus ir-
retrievable contaminated during the re-
sponse).
(5) Decontamination of equipment contami-
nated during the response.
(6) Special technical services specifically reo
quired for the response (e.g., costs associ.
ated with the time and efforts of technical
experts or specialists not otherwise pro-
vided for by the governmental entity).
(7) Other special services specifically required
for the emergency action.
(8) Laboratory costs for purposes of analyzing
samples taken during the emergency ac-
tion.
(9) Any costs of cleanup, storage or disposal of
the released material.
(10) Costs associated with the service, supplies
and equipment procured for a specific evac.
uation.
(11) Medical expenses incurred as a result of
response activities.
(12) Legal expenses that may be incurred as a
result of the emergency action, including
efforts to recover expenses pursuant to this
article.
Release shall mean any spilling, leaking,
pumping, pouring, emitting, emptying, dis-
charging, injecting, escaping, leaching, dumping
or disposing into or upon the environment. (Ord.
No. 89-9312, ~ 1,2-6-89)
Sec. 10.51. Purpose.
This article provides a means for the govern-
mental entities to recover, through civil suit, the
recoverable expenses they incur in taking an emer-
gency action. (Ord. No. 89-9312, ~ I, 2-6-89)
Sec. 10.52. Liability.
Any and all persons responsible for a release or
threatened release which results in an emergency
Supp. No.8
action shall be liable to the governmental entities
for the recoverable expenses resulting from the
emergency action. (Ord. No. 89-9312, ~ 1, 2-6-89)
Sec. 10.53. Recovery of expense.
The staffs of the governmental entities involved
in the emergency action shall keep a detailed
record of its recoverable expenses resulting from
the emergency action. Promptly after completion
of the emergency action, the staffs shall certify
those expenses to the appropriate legal counsel
and shall request that legal counsel bring a civil
action for recovery of the recoverable expenses
against any and all persons responsible for the
emergency action. Not less than thirty (30) days
before filing the civil suit, legal counsel shall
submit a written, itemized claim for the total cer-
tified expenses incurred by the governmental en-
tities for the emergency action to the responsible
party and a written notice that, unless the
amounts are paid in full to the respective govern-
mental entities within thirty (30) days after the
date of the mailing of the claim and notice, legal
counsel will file a civil action for the stated
amount. Moneys recovered under this article shall
be credited to the appropriate funds of the govern-
mental entity from which moneys were expended
in performing the emergency action. (Ord. No. 89-
9312, ~ 1, 2-6-89)
[The next page is 641]
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Chapter 11
ECONOMIC DEVELOPMENT.
(RESERVED)
.Cross references-Planning Ch. 29; urban renewal, App. A, Charter ord. no. 2.
State law references-Economic development, K.S.A. 12-1740 et seq.; urban renewal law, K.S.A. 17-4742 et seq.
[The next page is 741]
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Chapter 12
ELECTIONS.
Sec. 12.1. City to consist of one ward.
The city shall consist of one ward to be known
as the first ward. (Code 1966, ~ 11-1)
Sec. 12.2. City divided into precincts.
The first ward shall be divided into thirty-three
(33) voting precincts which shall be numbered
one (1) through thirty-three (33), inclusive. The
boundaries of each voting precinct shall be as
indicated on the map on file in the clerk's office,
which is made a part hereof by reference. (Code
1966, ~ 11-2)
Sec. 12-3. Precincts and voting in territory
outside city but in city school
districts.
All territory outside the corporate limits of the
city which has been attached to the city for school
purposes and which is a part of the city school
.Cr088 reference-Administration, Ch. 2.
State law reference-Elections, K.S.A. Ch. 25.
district shall be and the same is hereby attached
to the several voting precincts of the city contigu-
ous thereto and all persons residing in any such
attached territory and possessing the qualifica-
tions of an elector under the laws of the state
shall be qualified to vote at an election in the city
for school purposes only in any voting precinct of
such city which lies contiguous to the attached
territory where such person resides, and the bound-
aries of which voting precinct, if extended, would
include the residence of such school district voter,
and the ballots furnished to any such person for
the purpose of voting at any such election shall be
so prepared as to permit such person 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 ofthe persons casting such ballots received
by them at any such election. (Code 1966, ~ 11-3)
[The next page is 791]
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Chapter 13
EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION*
Art. I. In General, ~f 13-1-13-50
Art. II. Human Relations Commission, ~f 13-51-13-70
Art. m. Unlawful Practices, ff 13.71-13-80
Art. IV. Complaint Procedures, ~I 13-81-13-100
Art. V. Housing, If 13-101-13.130
Art. VI. Public Contracts. ff 13-131-13-140
Art. VII. The Organizational Structure and Responsibilities for Car-
rying Out the City's Commitment to the Principle of Nondis.
crimination in City Employment, ff 13-141-13-160
*Editor's note-Sections I, 2, of Ord. No. 92-9493, adopted Feb. 3, 1992, repealed Ch. 13, !}!} 13-1-13-3, 13-16-13-22, 13-26-
13-28, 13-41-13-44, 13-56-13-59, 13-71-13-78 in its entirety and added a new Ch. 13 to read as herein set out. Former Ch. 13
pertained to similar subject matter and derived from the Code of 1966, !}f llA-l, llA-2, llA-10, llA-ll, llA-30, llA-31 , llA-40,
llA-50, llA-60-11A-64, llA-70-1lA-73, llA-80, llA-91-11A-96, llA-98 and Ord. No. 81.8889, f I, 12-7-81.
In order to keep related material together, the editor has combined the sections pertaining to definitions to read as herein set
out; thus reserving any unused sections originally provided for in Ord. No. 92-9493.
Cross reference-Administration, Ch. 2.
Supp. No.9
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
~ 13-2
ARTICLE I. IN GENERAL
Sec. 13.1. Declaration of policy.
(a) The practice or policy of discrimination
against individuals by reason of race, sex, fa-
milial status, disability, religion, age, color, na-
tional origin or ancestry is a matter of concern to
the city since such discrimination threatens not
only the rights and privileges of the inhabitants
of the city but menaces the institutions and foun-
dations of a free democratic state. It is hereby
declared to be the policy of the city to eliminate
and prevent discrimination in all employment re-
lations, to eliminate and prevent discrimination,
segregation or separation in all areas of public
accommodations, and to eliminate and prevent dis-
crimination, segregation or separation in housing
as provided in this chapter.
(b) It is also declared to be the policy of [this]
city to assure equal opportunities and encourage-
ment to every citizen regardless of race, sex, dis-
ability, religion, age, color, national origin or an-
cestry, in securing and holding, without
discrimination, employment in any field of work
or labor for which a person is properly qualified or
qualifiable, to assure equal opportunity to all per-
sons within the city to full and equal public ac-
commodations, and to assure equal opportunities
in housing without distinction on account of race,
sex, familial status, disability, religion, color, na-
tional origin or ancestry. It is further declared
that the opportunity to secure and to hold employ-
ment, the opportunity for full and equal public
accommodations as covered by this chapter and
the opportunity for full and equal housing are civil
rights of every citizen. To protect these rights, it
is hereby declared to be the purpose of this chapter
to establish and to provide a city human relations
commission and a human relations department.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-2. Definitions.
When used in this chapter, the following words
and phrases shall have the meaning indicated.
This chapter prohibits discrimination based upon
sex, and accordingly, the personal pronouns and
gender of nouns used in this chapter shall not be
Supp. No.9
construed as limiting the provisions of this chapter
to one or to the other sex:
Age means an age of forty (40) or more years but
less than seventy (70) years.
Chairperson means the person chairing the
human relations commission created by this
chapter.
Commission means the human re~ations com-
mission created by this chapter.
Complainant means any person claiming to be
aggrieved by any unlawful discriminatory prac-
tice or violation of this chapter.
Contract means any contract entered into by
the city or any of its agencies.
Contractor means any individual, partnership,
corporation, association or other entities entering
into a contract with the city and who is an em-
ployer as herein defined.
Director means the director of the human rela-
tions department.
Disability means, with respect to an individual:
(1) A physical or mental impairment that sub-
stantially limits one (1) or more of the major
life activities of such individual;
(2) A record of such an impairment; or
(3) Being regarded as having such an impair-
ment by the person or entity alleged to have
committed the unlawful discriminatory
practice complained of.
"Disability" does not include current, il-
legal use of a controlled substance as de-
fined in section 102 of the federal controlled
substance act (21 V.S.C. 802), in housing
discrimination. In employment and public
accommodation discrimination, "disability"
does not include an individual who is cur-
rently engaging in the illegal use of drugs
where possession or distribution of such
drugs is unlawful under the controlled sub-
stance act (21 V.S.C. 812) when the covered
entity acts on the basis of such use.
Dwelling means any building, structure or por-
tion thereof which is occupied as, or designated or
793
!i 13.2
SALINA CODE
intended for occupancy as, a residence by one (1)
or more families, and any vacant land which is
offered for sale or lease for the construction or
location thereon of any such building, structure,
or portion thereof.
Employee means any person employed by an
employer but does not include any individual em-
ployed by such individual's parents, spouse, or
child, or in the domestic service of any person.
Employer includes any person in the city em-
ploying four (4) or more persons, and any person
acting directly or indirectly for an employer, labor
organizations, nonsectarian corporations, organi-
zations engaged in social service work, and the
City of Salina and all political and municipal sub-
divisions thereof, but shall not include a nonprofit
fraternal or social association or corporation.
Employment agency includes any person or gov-
ernmental agency undertaking, with or without
compensation, to procure opportunities to work or
to procure, recruit, refer or place employees.
Familial status means having one (1) or more
individuals less than eighteen (18) years of age
domiciled with:
(1) A parent or another person having legal
custody of such individual or individuals;
or
(2) The designee of such parent or other person
having such custody, with the written per-
mission of such parent or other person.
The protections against discrimination af-
forded individuals on the basis of familial
status shall apply to any person who is preg-
nant or is in the processing of securing legal
custody of any individual who has not at-
tained the age of eighteen (18) years.
Financial institution means any person regu-
larly engaged in the business oflending money or
guaranteeing loans on housing accommodations
or real property.
Hotel means every building or other structure
which is kept, used, maintained, advertised or held
out to the public as a place where sleeping accom-
modations are offered for pay primarily to tran-
sient guests and in which four (4) or more rooms
Supp. No.9
are used for the accommodation of such guests,
regardless of whether such building or structure
is designated as a cabin camp, tourist cabin, motel
or other type of lodging unit.
Housing accommodation means:
(1) Any building or portion thereof which is
used or intended for use as the residence or
sleeping place of one (1) or more persons.
(2) The term "housing accommodations" shall
not mean or include:
a. The rental of a dwelling, or a portion
thereof, containing accommodations for
no more than two (2) families, one (1) of
which is occupied by the owner or his
family at the time of rental;
b. The rental of less than four (4) rooms
in a one-family dwelling to another
person or persons by the owner or oc.
cupant of such accommodations in
which he or members of his family re-
side.
Labor organization includes any organization
which exists for the purpose, in whole or in part,
of collective bargaining, of dealing with employers
concerning grievances, terms or conditions of em-
ployment or of other mutual aid or protection in
relation to employment.
Occupational qualifications as used herein, are
those qualifications which can be shown to be de-
monstrably valid to the normal operation or per-
formance of a particular job, business or enter-
prise.
Owner shall mean and include the owner, lessee,
sublessee, assignee, manager, agent, or other
person, firm or corporation having the right to
sell, rent or lease any housing accommodation or
real property within the corporate limits of the
city.
Person incfudes one (1) or more individuals, part-
nerships, associations, organizations, corporations,
municipal corporations, quasi-municipal corpora.
tions, governmental agencies, public bodies, legal
representatives, trustees, trustees in bankruptcy,
receivers, fiduciaries, mutual companies or unin-
corporated organizations.
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
~ 13-3
Person aggrieved means any person who claims
to have been injured by a discriminatory act or
practice or believes that such person will be in-
jured by a discriminatory act or practice that is
about to occur.
Probable cause means the presence of a reason-
able ground for belief in the existence of the alle.
gation of a violation of any statute, ordinance, or
other authority, orders, rules or regulations.
Public accommodations shall include any person
who caters or offers goods, services, facilities and
accommodations to the public. Public accommoda-
tions include, but are not limited to, any lodging
establishment or food service establishment, as
defined by K.S.A. 36-501 and amendments thereto;
any bar, tavern, barbershop, beauty parlor, the-
ater, skating rink, bowling alley, billiard parlor,
amusement park, recreation park, swimming pool,
lake, gymnasium, mortuary or cemetery which is
open to the public; or any public transportation
facility. Public accommodations do not include a
religious or nonprofit fraternal or social associa-
tion or corporation.
Real estate broker means any person who, for a
fee or other valuable consideration, sells, pur.
chases, exchanges, rents, negotiates, offers or at-
tempts to negotiate the sale, purchase, exchange
or rental of housing accommodations or real prop-
erty of another person.
Real estate salesman or agent means any person
employed by a real estate broker to perform, or to
assist in the performance of, any or all of the func-
tions of a real estate broker.
Reasonable accommodation means:
(1) (In the context of employment under article
III of this chapter) making existing facili-
ties used by employees readily accessible to
and usable by individuals with disabilities;
job restructuring; parttime or modified work
schedules; reassignment to a vacant posi-
tion; acquisition or modificatilm of equip-
ment or devices; appropriate adjustment or
modifications of examinations, training ma-
. terials or policies; provision of qualified
readers or interpreters; and other similar
accommodations for individuals with dis-
abilities.
Supp. No.9
(2) (In the context of housing under article V of
this chapter) those reasonable measures
which may be necessary to afford a dis-
abled person equal opportunity to use and
enjoy a dwelling unit, including public and
common use areas.
Restaurant means any place in which food is
served or is prepared for sale or service on the
premises or elsewhere. Such term shall include,
but not be limited to, fixed or mobile restaurant,
coffee shop, cafeteria, short-order cafe, luncheon-
ette, grill, tea room, sandwich shop, soda foun-
tain, tavern, private club, roadside stand, indus-
trial feeding establishment, catering kitchen,
commissary and any other private, public or non.
profit organization or institution routinely serving
food and any other eating or drinking establish.
ment or operation where food is served or pro-
vided for the public with or without charge.
Respondent means any person alleged to have
committed any unlawful act or violation of this
chapter.
Subcontractor means any individual, partner-
ship, corporation, association, or other entity, or
any combination of the foregoing which shall un-
dertake, by virtue of a separate contract with a
contractor as defined herein, to fulfill all or any
part of any contractor's obligation under a con-
tract with the city, or who shall exercise any right
granted to a franchise holder, and who is an em.
ployer as herein defined.
To rent means to lease, to sublease, to let and
otherwise to grant for a consideration the right to
occupy premises not owned by the occupant.
(Ord. No. 92-9493, ~ 1,2-3-92; Ord. No. 92-9519, ~
1, 7-20-92)
Cross reference-Definitions and rules of construction, gen-
erally, ~ 1-2.
Sec. 13.3. Construction.
(a) The provisions of this chapter shall be con-
strued liberally for the accomplishment of the pur-
poses thereof. Nothing contained in this chapter
shall be deemed to repeal any of the provisions of
any other law of this city relating to discrimina-
tion because of race, religion, color, sex, disability,
national origin or ancestry, unless the same is
specifically repealed by this chapter.
795
~ 13.3
SALINA CODE
(b) Nothing in this chapter shall be construed
to mean that an employer shall be forced to hire
unqualified or incompetent personnel, or discharge
qualified or competent personnel.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.4. Invalidity of part.
Ir any clause, sentence, paragraph or part of
this chapter or the application thereof to any
person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction to
be invalid such judgment shall not affect, impair
or invalidate the remainder of this chapter and
the application thereof to other persons or circum-
stances, but shall be confined in its operation to
the clause, sentence, paragraph or part thereof
directly involved in the controversy in which such
judgment shall have been rendered and the per-
sons or circumstances involved. It is hereby de-
clared to be the legislative intent that this chapter
would have been adopted had such provisions not
been included.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sees. 13'0-13.50. Reserved.
ARTICLE n. HUMAN RELATIONS
COMMISSION.
Sec. 13.51. Created.
There is hereby created the human relations
commission.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.52. Composition, appointment.
The human relations commission shall consist
of nine (9) members, at least three (3) of whom
shall be members of a significant ethnic or mi-
nority group within the community, who shall be
appointed by the mayor, with the consent of the
board of commissioners.
(Ord. No. 92-9493, ~ 1, 2-3-92)
.Cross references-Administration. Ch. 2; boards and com-
missions generally, II 2-136 et seq.
Supp. No.9
Sec. 13-53. Terms.
Initial appointments to the human relations
commission shall be for one-, two-, and three-year
terms, and thereafter all appointments shall be
for a term of three (3) years and until a successor
is qualified, provided; however, no person shall
serve for more than eight (8) consecutive years.
The term of office of each chairperson and vice-
chairperson shall be for one (1) year, and no person
shall serve for more than two (2) consecutive terms
in the same office, unless such election to the im-
mediately subsequent term is made by members
of the commission by unanimous vote.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.54. Compensation.
The members of the human relations commis-
sion shall serve without compensation.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.55. Officers.
The human relations commission shall elect one
(1) of its members as chairperson, who shall pre-
side at all meetings of the commission and per-
form all the normal duties and functions of the
chairperson. The mayor shall convene the first
meeting of the commission and conduct the elec-
tion of the chairperson. The commission shall elect,
in the same manner, one (1) of its members as vice
chairperson who shall act as chairperson during
the absence or incapacity of the chairperson and,
when so acting, the member so designated shall
have and perform all the duties and functions of
the chairperson of the commission. The chair-
person or vice-chairperson may resign from office
without resigning from the commission. In such
event, the commission shall elect another member
as a replacement for the unexpired term.
(Ord. No. 92-9493, ~ 1, 2.3-92)
Sec. 13.56. Quorum.
A majority of the presently serving members of
the human relations commission shall constitute
a quorum for the purpose of conducting its busi-
ness.
(Ord. No. 92-9493, ~ 1, 2-3-92)
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
~ 13.57
Sec. 13-57. Powers and duties.
The commission shall have the following func-
tions, powers and duties:
(1) To receive, initiate, investigate and pass
upon complaints alleging discrimination in
employment, public accommodations and
housing because of race, religion, color, sex,
disability, national original or ancestry and
complaints alleging discrimination in
housing because of familial status.
(2) To subpoena witnesses, compel their ap-
pearance and require the production for ex-
amination of records, documents and other
evidence or possible sources of evidence and
to examine, record and copy such materials
and take and record the testimony or state-
ments of such persons. The commission may
issue subpoenas to compel access to or the
production of such materials, or the appear-
ance of such persons, and may issue inter-
rogatories to a respondent to the same ex-
tent and subject to the same limitations as
would apply if the subpoena or interroga-
tories were issued or served in aid of a civil
action in the district court. The commission
shall have access at all reasonable times to
premises and may compel such access by
application to a court of competent jurisdic-
tion; provided that the commission first
complies with the provisions of Article 15
of the Kansas Bill of Rights and the Fourth
Amendment to the United States Constitu-
tion relating to unreasonable searches and
seizures.
(3) To hold public hearings, administer oaths,
and take depositions to the same extent and
subject to the same limitations as would
apply if the deposition was taken in aid of a
civil action in the district court. In case of
the refusal of any person to comply with
any subpoena, interrogatory or search war-
rant issued hereunder, the human relations
commission may make application to the
district court to compel compliance pur-
suant to state law.
(4) To act in concert with other parties in in.
terest in order to eliminate and prevent dis-
crimination and segregation, prohibited by
Supp. No.9
this chapter, by including any term in a
conciliation agreement as could be included
in a final order under this chapter.
(5) To apply to the district court for enforce-
ment of any conciliation agreement by
seeking specific performance of such agree-
ment.
(6) To issue such final orders after a public
hearing as may remedy any existing situ-
ation found to violate this chapter and pre-
vent its recurrence; and, if necessary, to
seek enforcement of such final orders pur-
suant to federal and state law.
(7) To endeavor to eliminate prejudice among
the various ethnic groups and people with
disabilities in the city and to further good
will among such groups.
(8) To create such advisory agencies and con-
ciliation councils, as in its judgment will
aid in effectuating the purposes of this
chapter; to study the problem of discrimi-
nation in all or specific fields or instances
of discrimination because of race, religion,
color, sex, disability, national origin or an-
cestry; to foster, through community effort
or otherwise, good will, cooperation and con-
ciliation among the groups and elements of
the population of the city; and to make rec-
ommendations to the commission for the
development of policies and procedures, and
for programs of formal and informal educa-
tion, which the commission may recommend
to the city commission. Such advisory agen-
cies and conciliation councils shall be com-
posed of representative citizens serving
without pay. The commission may itself
make the studies and perform the acts au-
thorized by this paragraph. It may, by vol.
untary conferences with parties in interest,
endeavor by conciliation and persuasion to
eliminate discrimination in all the stated
fields and to foster good will and coopera-
tion among all elements of the population
of the city.
(9) To accept contributions from any person to
assist in the effectuation of this chapter and
to seek and enlist the cooperation of pri-
797
~ 13-57
SALINA CODE
vate, charitable, religious, labor, civic and
benevolent organizations for the purposes
of this chapter.
(10) To issue such publications and such results
of investigation and research as in its judg-
ment will tend to promote good will and
minimize or eliminate discrimination be-
cause of race, religion, color, sex, disability,
national origin or ancestry.
(11) To render each year to the city manager
and to the city commission a full written
report of all of its activities and of its rec-
ommendations.
(12) To receive and accept federal funds to ef-
fectuate the purposes of this chapter and to
enter into agreements with any federal
agency for such purpose.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.58. Creation of department.
There is hereby created a human relations de-
partment for the purpose of administering and
enforcing the provisions of this chapter or as here-
after amended.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.59. Position of director of human re-
lations created; appointment,
salary.
There is hereby created the position of director
of human relations of the city to be appointed by
and directly responsible to the city manager. The
human relations commission may submit recom-
mendations to the city manager of applicants for
this position, but merit and fitness shall be the
governing criteria in the selection of the director
of human relations.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.60. Duties, responsibilities, and au.
thority of human relations di-
rector.
The director shall have the following duties, re-
sponsibilities, and authority. The administration
of this chapter shall be the responsibility of the
director of the human relations department and
his designated staff. The director shall promul-
Supp. No.9
gate procedure to implement, expedite, and effec-
tuate the provisions of this chapter. In addition to
any powers and responsibilities heretofore con-
ferred in the director, the director shall have the
power and responsibility to:
(1) Seek to eliminate and prevent discrimina-
tion in employment because of race, sex,
religion, age, color, national origin, an-
cestry, disability, or familial status, byem-
ployers, labor organizations, employment
agencies, or other persons, and to take other
actions against discrimination because of
race, sex, religion, age, color, national or-
igin, ancestry, disability, or familial status,
as provided herein;
(2) Effectuate the purposes of this chapter first
by conference, conciliation, and persuasion
so that persons may be guaranteed their
civil rights and good will fostered;
(3) Seek cooperation from, and upon request,
make technical assistance available to all
city government departments and agencies;
(4) Receive, investigate, initiate and attempt
to conciliate complaints alleging discrimi-
nation in employment, housing and public
accommodations because of race, sex, reli-
gion, age, color, national origin, ancestry,
disability, or familial status;
(5) Pursue the goals of affirmative action im.
plementation within municipal government
and external to municipal government
through continued dialogue and technical
assistance;
(6) In conducting an investigation, the director
or his staff shall have access at all reason-
able times to premises, records, documents,
and other evidence or possible sources of
evidence, and may examine, record, and
copy such materials and take and record
the testimony or statements of such per-
sons as are reasonably necessary for the
furtherance of the investigation. In case of
the refusal of any person to comply with
any subpoena issued by the local human
relations commission, or to testify to any
matter regarding which such person may
be lawfully questioned, the district court of
798
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
Saline County may, upon application of the
local human relations department, order
such person to comply with such subpoena
and to testify to the extent such person could
be so compelled pursuant to the provisions
of subsection (2) of section 13-57 and state
law;
(7) Request that the city attorney apply to the
district court of Saline County for tempo-
rary or permanent injunctive relief to en-
join violation of this chapter;
(8) Request that the city attorney apply to the
district court of Saline County for enforce-
ment of any conciliation agreement by
seeking specific performance of such agree-
ment;
(9) Attend all meetings and serve as secretary
of the human relations commission; pro-
vide necessary reports, such as agenda, min-
utes, and schedules of commission meet-
ings to the commission, to the governing
body, and to the city manager; advise the
local news media of commission meetings
and agenda.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sees. 13.61-13.70. Reserved.
ARTICLE ITI. UNLAWFUL PRACTICES
Sec. 13.71. Unlawful employment practices.
(a) It shall be an unlawful employment prac-
tice:
(1) For an employer, because of the race, reli-
gion, age, color, sex, disability, national or-
igin or ancestry of any person to refuse to
hire or employ such person to bar or dis-
charge such person from employment or to
otherwise discriminate against such person
in compensation or in terms, conditions or
privileges of employment; to limit, segre-
gate, separate, classify or make any distinc-
tion in regards to employees; or to follow
any employment procedure or practice
which, in fact, results in discrimination, seg.
Supp. No.9
-799
~ 13-71
regation or separation without a valid busi-
ness necessity.
(2) For a labor organization, because of the
race, religion, age, color, sex, disability, na-
tional origin or ancestry of any person, to
exclude or to expel from its membership
such person or to discriminate in any way
against any of its members or against any
employer or any person employed by an em-
ployer.
(3) For any employer, employment agency or
labor organization to print or circulate or
cause to be printed or circulated any state-
ment, advertisement or publication, or to
use any form of application for employment
or membership or to make any inquiry in
connection with prospective employment or
membership, which expresses, directly or
indirectly, any limitation, specification or
discrimination as to race, religion, age,
color, sex, disability, national origin or an-
cestry, or any intent to make any such lim-
itation, specification or discrimination, un-
less based on a bona fide occupational
qualification.
(4) For any employer, employment agencY or
labor organization to discharge, expel or
otherwise discriminate against any person
because such person has opposed any prac-
tices or acts forbidden under this chapter or
because such person has filed a complaint,
testified or assisted in any proceeding under
this chapter.
(5) For an employment agency to refuse to list
and properly classify for employment or to
refuse to refer any person for employment
or otherwise discriminate against any
person because of such person's race, reli-
gion, age, color, sex, disability, national or-
igin or ancestry; or to comply with a re-
quest from an employer for a referral of
applicants for employment if the request
expresses, either directly or indirectly, any
limitation, specification or discrimination
as to race, religion, color, sex, disability,
national origin or ancestry.
(6) For an employer, labor organization, em-
ployment agencY, or school which provides,
~ 13-71
SALINA CODE
coordinates or controls apprenticeship, on-
the-job, or other training or retraining pro-
gram, to maintain a practice of discrimina-
tion, segregation or separation because of
race, religion, age, color, sex, disability, na-
tional origin or ancestry, in admission,
hiring, assignments, upgrading, transfers,
promotion, layoff, dismissal, apprenticeship
or other training or retraining program, or
in any other terms, conditions or privileges
of employment, membership, apprentice-
ship or training; or to follow any policy or
procedure which, in fact, results in such
practices without a valid business motive.
(7) For any person, whether an employer or an
employee or not, to aid, abet, incite, compel
or coerce the doing of any of the acts for-
bidden under this chapter, or attempt to do
so.
(8) For an employer, labor organization, em-
ployment agency or joint labor-management
committee to:
a. Limit, segregate or classify a job appli-
cant or employee in a way that ad-
versely affects the opportunities or
status of such applicant or employee
because of the disability of such appli-
cant or employee;
b. Participate in a contractual or other
arrangement or relationship, including
a relationship with an employment or
referral agency, labor union, an orga-
nization providing fringe benefits to an
employee or an organization providing
training and apprenticeship programs
that has the effect of subjecting a qual-
ified applicant or employee with a dis-
ability to the discrimination prohib-
ited by this chapter;
c. Utilize standards criteria, or methods
of administration that have the effect
of discrimination on the basis of dis-
ability or that perpetuate the discrim-
ination of others who are subject to
common administrative control;
d. Exclude or otherwise deny equal jobs
or benefits to a qualified individual be-
cause of the known disability of an in-
Supp. No.9
dividual with whom the qualified indi-
vidual is known to have a relationship
or association;
e. Not make reasonable accommodations
to the known physical or mentallimi-
tations of an otherwise qualified indi-
vidual with a disability who is an ap-
plicant or employee, unless such
employer, labor organization, employ-
ment agency or joint labor-
management committee can demon-
strate that the accommodation would
impose an undue hardship on the op-
eration of the business thereof;
f. Deny employment opportunities to ajob
applicant or employee who is an other-
wise qualified individual with a dis-
ability, if such denial is based on the
need to make reasonable accommoda-
tion to the physical or mental impair-
ments of the employee or applicant;
g. Use qualification standards, employ-
ment tests or other selection criteria
that screen out or tend to screen out an
individual with a disability or a class
of individuals with disabilities unless
the standard, test or other selection cri-
teria, as used, is shown to be job-related
for the position in question and is con-
sistent with business necessity; or
h. Fail to select and administer tests con-
cerning employment in the most effec-
tive manner to ensure that, when such
test is administered to a job applicant
or employee who has a disability that
impairs sensory, manual or speaking
skills, the test results accurately re-
flect the skills, aptitude or whatever
other factor of such applicant or em-
ployee that such test purports to mea-
sure, rather than reflecting the im-
paired sensory, manual or speaking
skills of such employee or applicant (ex-
cept where such skills are the factors
that the test purports to measure).
(b) It shall not be an unlawful employment prac-
tice to fill vacancies in such way as to eliminate or
reduce imbalance with respect to race, religion,
800
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
age, color, sex, disability, national origin or an-
cestry .
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.72. Unlawful public accommodation
practices.
It shall be an unlawful public accommodation
practice:
(1) For any person, as defined herein being the
owner, operator, lessee, manager, agent or
employee of any place of public accommo-
dation to refuse, deny or make a distinc-
tion, directly or indirectly, in offering its
goods, services, facilities, and accommoda-
tions to any person as covered by this
chapter because of race, religion, color, sex,
disability, national origin or ancestry, ex-
cept where a distinction because of sex is
necessary because of the intrinsic nature of
such accommodation.
(2) For any person, whether or not specifically
enjoined from discriminating under any pro-
visions of this chapter, to aid, abet, incite,
compel or coerce the doing of any of the acts
forbidden under this chapter, or to attempt
to do so.
(3) For any person, to refuse, deny, make a dis-
tinction, directly or indirectly, or discrimi-
nate in any way against persons because of
the race, religion, color, sex, disability, na-
tional origin or ancestry of such persons in
the full and equal use and enjoyment of the
services, facilities, privileges and advan-
tages of any institution, department or
agency of the State of Kansas or any polit-
ical subdivision or municipality thereof.
(4) Nothing in this chapter shall prohibit a re-
ligious organization, association or society,
or any nonprofit institution or organization
operated, supervised, or controlled by or in
conjunction with a religious organization,
association, or society, from limiting its of-
ferings of goods, services, facilities, and ac-
commodations, to persons of the same reli-
gion, or from giving preference to such
persons, provided that such offerings above
Supp. No.9
~ 13-82
mentioned are not, in fact, offered for com-
mercial purposes.
(Ord. No. 92.9493, ~ 1, 2-3-92)
Sec. 13.73. Unlawful housing practices.
Those acts which are unlawful housing prac-
tices are set forth in article V of this chapter.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sees. 13-74-13.80. Reserved.
ARTICLE IV. COMPLAINT PROCEDURES
Sec. 13.81. Filing of complaint.
(a) Any person claiming to be aggrieved by an
alleged unlawful act or practice may, personally
or by an attorney-at-law, make, sign and file with
the commission a verified complaint in writing
which shall state the name and address of the
person alleged to have committed the unlawful
practice complained of, and which shall set forth
the particulars thereof and contain such other in-
formation as may be required by the commission.
The director or commission upon its own initia-
tive, or the city attorney, may, in like manner,
make, sign and file such complaint.
(b) In the event a complaint is against the city
or any of its officials or employees, the complaint
will be referred to the Kansas Commission on Civil
Rights.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-82. Time for filing complaint.
Any complaint filed pursuant to this chapter,
except as otherwise provided in the case of an
alleged discriminatory housing practice, must be
so filed within six (6) months after the alleged
unlawful act or practice, unless the act complained
of consists of a continuing pattern or practice of
discrimination in which event it will be from the
last act of discrimination.
(Ord. No. 92-9493, ~ 1, 2-3-92)
801
~ 13-83
SALINA CODE
Sec. 13.83. Submission of a false, misleading
or incomplete complaint, state.
ment, response or report.
Any person who knowingly and intentionally
submits or files or causes to be submitted or filed,
a false, misleading, or incomplete complaint, state-
ment, response or report with the commission, the
director or any of the department's personnel, shall
be guilty of a misdemeanor.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.84. Investigation by commission.
Whenever the commission has, in its own judg-
ment, reason to believe that any person has en-
gaged in a practice in violation of this chapter, or
has engaged in a pattern or practice of discrimi-
nation, the commission may conduct an investi-
gation without filing a complaint and shall have
the same powers during such investigation as pro-
vided for in the investigation of complaints. The
person to be investigated shall be advised of the
nature and scope of the investigation prior to its
commencement. The purpose of the investigation
shall be to resolve any such problems promptly.
In the event such problems cannot be resolved
within a reasonable time, the commission may
issue a complaint whenever the investigation has
revealed a violation of this chapter has occurred.
The information gathered in the course of the first
investigation may be used in processing the com-
plaint.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.85. Conciliation.
(a) During the period beginning with the filing
of such complaint and ending with the commence-
ment of an administrative hearing or a dismissal
of the complaint, the director shall, to the extent
feasible, engage in conciliation with respect to such
complaint.
(b) A conciliation agreement arising out of such
conciliation shall be an agreement between the
respondent and the complainant, and shall be sub.
ject to approval by the director. Such agreements
may include in the provisions thereof any terms
or condition which may be included in a final order
of the commission.
Supp. No.9
(c) In a manner consistent with K.S.A. 44-
1019(0(1) and amendments thereto, each concili-
ation agreement shall be made public unless the
person aggrieved and respondent otherwise agree
and the commission determines that disclosure is
not required to further the purposes of this ar-
ticle.
(d) Any of the parties to a conciliation agree-
ment may apply to the Saline County District
Court for specific performance of any such agree-
ment.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.86. Notice and investigation.
After the fIling of any complaint by an aggrieved
individual, by the commission, or by the city at-
torney, the commission shall within ten (10) days
after the filing of the complaint, serve a copy on
each of the parties alleged to have violated this
chapter. The director shall then make, with the
assistance of staff, a prompt investigation of the
alleged unlawful act or practice.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-87. Probable cause; conciliation; de.
termination.
(a) Upon completion of the investigation, two
(2) commissioners will be assigned by the chair-
person to determine, with the advice of the city
prosecutor, whether probable cause exists based
upon the documented results of the investigation.
If the two (2) commissioners are unable to agree
on whether probable cause exists, the city prose.
cutor shall determine the matter.
(b) If it is determined that no probable cause
exists for crediting the allegations of the com-
plaint, the director within ten (10) business days
from such determination, shall cause to be issued
and served upon the complainant and respondent
written notice of such determination. The director
shall then administratively close the commission's
complaint file.
(c) Ifit is determined that probable cause exists
for crediting the allegations for the complaint, the
. director shall immediately endeavor to eliminate
the unlawful act or practice complained of by con-
ference and conciliation. The complainant, respon-
802
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
dent and commission shall have forty-five (45) days
from the date respondent is notified in writing of
a finding of probable cause to enter into a concil-
iation agreement. The members of the commis-
sion shall not disclose what has transpired in the
course of such endeavors.
(Ord. No. 92-9493, ~ 1,2-3-92)
Sec. 13.88. Administrative hearing.
In case of failure to eliminate the unlawful act
or practice complained of by conference and con-
ciliation within the time allowed under section
13-87(c), or in advance thereof, if in the judgment
of the commission circumstances so warrant, the
commission shall commence a hearing in accor-
dance with the provisions of the Kansas adminis-
trative procedures act naming as parties the com-
plainant and the person(s), named in such
complaint, hereinafter referred to as respondent.
A copy of the notice of hearing shall be served on
the respondent. The municipal judge shall serve
as the hearing officer.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.89. Subpoenas.
The complainant or respondent may apply to
the director with a request that the commission
issue subpoenas for the attendance of any person
or the production or examination of any books,
records or documents pertinent to the proceeding
at the hearing. Upon such application the com-
mission shall issue such subpoenas.
(Ord. No. 92-9493, ~ 1,2-3-92)
Sec. 13.90. Presentation of case.
The case in support of the complaint shall be
presented before the hearing officer by the city
attorney or city prosecutor, or by private counsel
of the complainant. Any endeavors at conciliation
shall not be received in evidence.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.91. Order of hearing officer; affirma.
tive action; notice of compliance.
(a) If the hearing officer finds a respondent has
engaged in or is engaging in any unlawful em-
ployment practice or unlawful discriminatory prac-
tice as defined in this chapter, the hearing officer
Supp. No.9
~ 13-91
shall render an order requiring such respondent
to cease and desist from such unlawful discrimi-
natory practice and to take such affirmative ac-
tion, including but not limited to, the hiring re-
instatement, or upgrading of employees, with or
without back pay, and the admission or restora-
tion to membership in any respondent labor orga-
nizations, the admission to and full and equal en-
joyment of the goods, services, facilities, and
accommodations offered by any respondent place
of public accommodation denied in violation of this
chapter, as, in the judgment of the hearing officer,
will effectuate the purposes of this chapter, in.
cluding a requirement for report of the manner of
compliance. Such order may also include an award
of compensatory damages and damages for pain,
suffering and humiliation which are incidental to
the act of discrimination, except that an award for
such pain, suffering and humiliation shall in no
event exceed the sum of two thousand dollars
($2,000.00).
(b) The order of the hearing officer shall be
deemed an order of the commission.
(c) The commission's order shall be subject to
enforcement and review pursuant to K.S.A. 12-
16,106 and amendments thereto.
(d) Within fifteen (15) days after the hearing
officer's order is served by the commission re-
quiring or prohibiting action by a respondent, the
respondent shall notify the commission in writing
of the manner in which the respondent has com-
plied with the order.
(e) In the case of an order with respect to a
discriminatory practice that occurred in the course
of a business subject to a licensing or regulation
by a state agency, the commission may, not later
than thirty (30) days after the respondent has com-
plied with the order, or, if such order is judicially
reviewed under subparagraph (c) above, thirty (30)
days after such order is in substance affirmed upon
such review:
(1) Send copies of the findings of fact, conclu-
sions oflaw, and the order, to that agency;
and
(2) Recommend to the agency appropriate dis-
ciplinary action, including, where appro-
803
~ 13.91
priate, the suspension or revocation of the
license of the respondent.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.92. Dismissal of complaint.
If the hearing officer finds that a respondent
has not engaged in an unlawful discriminatory
practice, the hearing officer shall render an order
dismissing the complaint as to such respondent.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-93. RUles.
The commission is hereby authorized to adopt
rules of practice to govern, expedite and effec-
tuate the foregoing procedure and its own actions
thereunder.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sees. 13-94-13.100. Reserved.
ARTICLE V. HOUSING
Sec. 13-101. Unlawful discriminatory
housing practices.
Subject to the provisions of section 13-104 and
amendments thereto, it shall be unlawful for any
person:
(1) To refuse to sell or rent after the making of
a bona fide offer, to fail to transmit a bona
fide offer or refuse to negotiate in good faith
for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any
person because of race, religion, c9lor, sex,
disability, familial status, national origin
or ancestry.
(2) To discriminate against any person in the
terms, conditions or privileges of sale or
rental of a dwelling, or in the provision of
services or facilities in connection there-
with, because of race, religion, color, sex,
disability, familial status, national origin
or ancestry.
(3) To make, print, publish, disseminate or use,
or cause to be made, printed, published, dis-
seminated or used, any notice, statement,
advertisement or application, with respect
Supp. No.9
SALINA CODE
to the sale or rental of a dwelling that in-
dicates any preference, limitation, specifi-
cation or discrimination based on race, re-
ligion, color, sex, disability, familial status,
national origin or ancestry, or an intention
to make any such preference, limitation,
specification or discrimination.
(4) To represent to any person because ofrace,
religion, color, sex, disability, familial
status, national origin or ancestry that any
dwelling is not available for inspection, sale
or rental when such dwelling is in fact so
available.
(5) For profit, to induce or attempt to induce
any person to sell or rent any dwelling by
representation regarding the entry or pro-
spective entry into the neighborhood of a
person or persons of a particular race, reli-
gion, color, sex, disability, familial status,
national origin or ancestry.
(6) To deny any person access to or member-
ship or participation in any multiple-listing
service, real estate brokers' organization or
other service, organization or facility re-
lating to the business of selling or renting a
dwelling, or to discriminate against such
person in the terms or conditions of such
access, membership or participation, be-
cause of race, religion, color, sex, disability,
familial status, national origin or ancestry.
(7) To discriminate against any person in such
person's use or occupancy of a dwelling be-
cause of the race, religion, color, sex, dis-
ability, familial status, national origin or
ancestry of the people with whom such
person associates.
(8) a. To discriminate in the sale or rental,
or to otherwise make unavailable or
deny, a dwelling to any buyer or renter
because of a disability of:
1. That buyer or renter;
2. A person residing in or intending
to reside in that dwelling after it
is sold, rented or made available;
or
3. Any person associated with that
buyer or renter.
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
~ 13.101
b. To discriminate against any person in
the terms, conditions or privileges of
sale or rental of a dwelling or in the
provision of services or facilities in con-
nection with such dwelling because of
a disability of:
1. That person;
2. A person residing in or intending
to reside in that dwelling after it
is so sold, rented or made avail-
able; or
3. Any person associated with that
person.
c. For purposes of this subsection (8), dis-
crimination includes:
1. A refusal to permit, at the expense
of the person with a disability, rea-
sonable modifications of existing
premises occupied or to be occu-
pied by such person if such modi-
fications may be necessary to af-
ford such person full enjoyment of
the premises; except that, in the
case of a rental, the landlord may
where it is reasonable to do so, con-
dition permission for a modifica-
tion on the renter agreeing to re-
store the interior of the premises
to the condition that existed be-
fore the modification, reasonable
wear and tear excepted;
2. A refusal to make reasonable ac-
commodations in rules, policies,
practices or services, when such ac-
commodations may be necessary to
afford such person equal opportu-
nity to use and enjoy a dwelling;
or
3. In connection with the design and
construction of covered multi-
family dwellings for first occu-
pancy on and after February 15,
1992, a failure to design and con-
struct such dwelling in such a
manner that:
(i) The dwellings have at least
one building entrance on an
accessible route, unless it is
Supp. No.9
805
impractical to do so because of
the terrain or unusual charac-
teristics of the site.
(ii) With respect to dwellings with
a building entrance on an ac-
cessible route:
(a) The public use and common
use portions of such dwellings
are readily accessible to and
usable by persons with disabil-
ities;
(b) All the doors designed to
.allow passage into and within
all premises within such
dwellings are sufficiently wide
to allow passage by persons
with disabilities who are in
wheelchairs; and
(c) All premises within such
dwellings contain the fol-
lowing features of adaptive de-
sign:
(1) An accessible route
into and through the
dwelling;
(2) Light switches, elec.
trical outlets, thermostats
and other environmental
controls in accessible loca-
tions;
(3) Reinforcements in
bathroom walls to allow
later installation of grab
bars; and
(4) Usable kitchens and
bathrooms such that an
individual in a wheelchair
can maneuver about the
space.
d. Compliance with the appropriate re-
quirements of the American national
standard for buildings and facilities
providing accessibility and usability for
physically handicapped people, com-
monly cited as "ANSI A1l7.1", suf-
fices to satisfy the requirements of sub.
section (8)c.3.(ii)(c).
~ 13-101
SALINA CODE
e. As used in this subsection (8), "covered
multifamily dwellings" means:
1. Buildings consisting of four (4) or
more units if such buildings have
one (1) or more elevators; and
2. Ground floor units in other build-
ings consisting of four (4) or more
units.
f. Nothing in this chapter shall be con-
strued to invalidate or limit any state
law or ordinance that requires dwell-
ings to be designed and constructed in
a manner that affords persons with dis-
abilities greater access than is required
by this chapter.
g. Nothing in this subsection (8) requires
that a dwelling be made available to
an individual whose tenancy would con-
stitute a direct threat to the health or
safety of other individuals or whose ten-
ancy would result in substantial phys-
ical damage to the property of others.
(Ord. No. 92-9493, ~ 1,2-3-92; Ord. No. 92-9519, ~
2, 7-20-92)
Sec. 13-102. Real estate transactions.
(a) It shall be unlawful for any person or other
entity whose business includes engaging in real
estate related transactions to discriminate against
any person making available such a transaction,
or in the terms or conditions of such a transaction,
because of the race, religion, color, sex, disability,
familial status, national origin or ancestry of such
person or of any person associated with such
person in connection with any real estate related
transaction.
(b) As used in this section, "real estate related
transaction" means any of the following:
(1) The making or purchasing of loans or pro-
viding other financial assistance:
a. For purchasing, constructing, im-
proving, repairing or maintaining a
dwelling; or
b. Secured by residential real estate.
(2) The selling, brokering or appraising of res-
idential real property.
Supp. No.9
(c) Nothing in this section prohibits a person
engaged in the business of furnishing appraisals
of real property to take into consideration factors
other than race, religion, color, sex, disability, fa-
milial status, national origin or ancestry.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-103. Intimidation, interference.
It shall be unlawful to coerce, intimidate,
threaten or interfere with any person in the ex-
ercise or enjoyment of, or on account of such per-
son's having exercised or enjoyed, or on account of
such person's having aided or encouraged any
other person in the exercise or enjoyment of, any
right granted or protected by section 13-101 or
13-102 and amendments thereto.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-104. Limitations.
(a) Nothing in this chapter shall prC!hibit a re-
ligious organization, association or society, or any
nonprofit institution or organization operated, su-
pervised or controlled by or in conjunction with a
religious organization; association or soci,ety, from
limiting the sale; rental or occupancy of dwellings
which it owns or operates for other than a com-
mercial purpose to persons of the same religion,
or from' giving preference to such persons, unless
membership in such religion is restricted on ac-
count of race, color, national origin or ancestry.
Nor shall anything in this chapter prohibit a non-
profit private club in fact not open to the public,
which as an incident to its primary purpose or
purposes provides lodgings which it owns or oper-
ates for other than a commercial purpose, from
limiting the rental or occupancy of such lodgings
to its members or from giving preference to its
members.
(b) Nothing in this chapter, other than the pro-
hibitions against discriminatory advertising as
provided in subparagraph (3) of section 13-101,
and amendments thereto, shall apply to:
(1) The sale or rental of any single-family house
by an owner, provided the following condi-
tions are met:
a. The owner does not own or have any
interest in more than three (3) single-
family houses at anyone (1) time; and
806
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
b. The house is sold or rented without the
use of a real estate broker, agent or
salesperson or the facilities of any
person in the business of selling or
renting dwellings. If the owner selling
the house does not reside in it at the
time of the sale or was not the most
recent resident of the house prior to
such sale, the exemption in this sub-
section applies to only one (1) such sale
in any twenty-four-month period; or
(2) Rooms or units in buildings containing
living quarters occupied or intended to be
occupied by no more than four (4) families
living independently of each other, if the
owner actually maintains and occupies one
(1) of such living quarters as the owner's
residence.
(c)(I) Nothing in this chapter limits the applica-
bility of any reasonable local, state or fed-
eral restrictions regarding the maximum
number of occupants permitted to occupy a
dwelling. Nor does any provision in this
chapter regarding familial status apply
with respect to housing for older pe~sons.
(2) As used in this subsection "housing for older
persons" means housing:
a. Provided under any state or federal pro-
gram that the Secretary of the United
States Department of Housing and
Urban Development determines is spe-
cifically designed and operated to as-
sist elderly persons (as defined in the
state or federal program); or
b. Intended for, and solely occupied by,
persons sixty-two (62) years of age or
older; or
c. Intended and operated for occupancy
by at least one person fifty-five (55)
years of age or older per unit. In deter-
mining whether housing qualifies as
housing for older persons under this
subsection the following factors must
also be present:
(i) The existence of significant facili-
ties and services specifically de-
signed to meet the physical or so-
Supp. No. 10
~ 13-105
cial needs of older persons, or if
the provision of such facilities and
services is not practicable, that
such housing is necessary to pro-
vide important housing opportuni-
ties for older persons; and
(ii) That at least eighty (80) percent of
the units are occupied by at least
one person fifty-five (55) years of
age or older per unit; and
(iii) The publication of, and adherence
to, policies and procedures which
demonstrate an intent by the
owner or manager to provide
housing for persons fifty-five (55)
years of age or older.
{3) Housing shall not fail to meet the require-
ments for housing for older persons by
reason of:
a. Persons residing in such housing as of
the date of enactment of this act who
do not meet the age requirements of
subsections (c)(2)b. or c.; provided, that
new occupants of such housing meet
the age requirements of sections (c)(2)b.
or c.; or
b. Unoccupied units; provided, that such
units are reserved for occupancy by per-
sons who meet the age requirements of
subsections (c)(2)b. or c.
(d) Nothing in this chapter prohibits conduct
against a person because such person has been
convicted two (2) or more times by any court of
competent jurisdiction of the illegal manufacture
or distribution of a controlled substance as de-
fined in section 102 of the federal controlled sub-
stances act (21 U.S.C. 802).
(Ord. No. 92.9493, ~ 1, 2-3-92; Ord. No. 92-9519, ~
3, 7-20-92; Ord. No. 92-9535, ~ 1, 9-21-92)
Sec. 13.105. Administration.
(a) The authority and responsibility for admin-
istering this article shall be in the commission.
The complaint procedure set forth in article IV of
this chapter shall apply to complaints filed under
this article, except to the extent rights of the par-
ties and the applicable procedures are more spe-
cifically addressed herein.
(Ord. No. 92-9493, ~ 1, 2-3-92)
807
~ 13-106
SALINA CODE
Sec. 13.106. Complaints.
(a) Any person aggrieved may me a verified
complaint with the commission. Such complaints
shall be in writing, shall state the facts upon which
the allegations of a discriminatory housing prac-
tice are based and shall contain such other infor-
mation and be in such form as the commission
may require. Complaints must be med within one
(1) year after the alleged discriminatory housing
practice occurred, but may be reasonably and fairly
amended at any time. The commission upon its
own initiative or the city attorney may, in like
manner, make, sign and me such complaint.
(b) Upon receipt of any such complaint the com-
mission shall serve notice upon the aggrieved
person acknowledging such riling and advising the
aggrieved person of the time limits and choice of
forums provided under this article. Within ten (101
days after the ming of the complaint the director
shall serve on the respondent a notice identifying
the alleged discriminatory housing practice and
advising the respondent of respondent's proce-
dural rights and obligations under this article,
together with a copy of the original complaint.
Service of the notice shall be made in the manner
prescribed by the code of civil procedure.
(c) A respondent may me an answer to the com-
plaint with the commission no later than ten (10)
days after service of the notice of the complaint.
(d) A person who is not named as a respondent
in a complaint, but who is identified as a respon-
dent in the course of investigation, may be joined
as an additional or substitute respondent upon
written notice, under subsections (a) and (b), to
such person from the commission.
(Ord. No. 92-9493, ~ 1,2-3.92)
Sec. 13.107. Conciliation.
(a) During the period beginning with the ming
of such complaint and ending with the commence-
ment of an administrative hearing or a dismissal
of the complaint, the director shall, to the extent
feasible, engage in conciliation with respect to such
complaint.
(b) A conciliation agreement arising out of such
conciliation shall be an agreement between the
respondent and the complainant, and shall be sub-
Supp. No. 10
ject to approval by the director. Such agreements
may include in the provisions thereof any terms
or condition which may be included in a final order
of the commission.
(c) In a manner consistent with K.S.A. 44-
1019(0(1) and amendments thereto, each concili-
ation agreement shall be made public unless the
person aggrieved and respondent otherwise agree
and the commission determines that disclosure is
not required to further the purposes of this ar-
ticle.
(d) Any of the parties to a conciliation agree-
ment may apply to the Saline County District
Court for specific performance of any such agree-
ment.
(Ord. No. 92-9493, ~ 1, 2-3.92)
Sec. 13.108. Investigation.
Mter the commission assumes jurisdiction of a
complaint, the commission shall within thirty (30)
days after receipt of the complaint commence an
investigation thereof, and complete such investi-
gation, including conciliation, within one hun-
dred (100) days after the ming of the complaint,
unless it is impracticable to do so. If the commis-
sion is unable to complete the investigation within
one hundred (100) days, the commission shall in-
form the parties in writing of the reasons for not
doing so.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.109. Prompt judicial action.
If the commission concludes at any time fol-
lowing the ming of a complaint that prompt judi-
cial action is necessary to carry out the purposes
of this chapter, the commission may bring a civil
action in the district court of Saline County, for
appropriate temporary or preliminary relief
pending final disposition of the complaint under
this section. Any temporary restraining order or
other order granting preliminary or temporary re-
lief shall be issued in accordance with the rules of
civil procedure. The commencement of a civil ac-
tion under this subsection does not affect the ini-
tiation or continuation of administrative proceed-
ings under this article.
(Ord. No. 92-9493, ~ 1, 2-3-92)
808
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
~ 13.110
.
Sec. 13.109.1. Final administrative disposi.
tion.
The commission shall make final administra-
tive disposition within one (1) year after the f1ling
of the complaint unless it is impracticable to do
so. If the commission is unable to make final ad-
ministrative disposition of the complaint within
one (1) year of the date of filing, the commission
shall inform the parties in writing of the reasons
for not doing so.
(Ord. No. 92-9493, ~ 1,2-3-92)
Sec. 13.110. Probable cause, conciliation.
(a) Upon completion of the investigation, two
(2) commissioners will be assigned by the chair-
person to determine, with the advice of the city
prosecutor, whether probable cause exists based
upon the documented results of the investigation.
If the two (2) commissioners are unable to agree
e
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Supp. No. 10
808.1
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
~ 13.114
on whether probable cause exists, the city prose-
cutor shall determine the matter.
(b) If it is determined that no probable cause
exists for crediting the allegations of the com-
plaint, the director, within ten (10) business days
from such determination, shall cause to be issued
and served upon the complainant and respondent
written notice of such determination. The director
shall then administratively close the commission's
complaint file.
(c) Ifit is determined that probable cause exists
for crediting the allegations of the complaint, the
commission shall serve written notice of such de-
termination on the person aggrieved. The commis-
sion shall proceed to try to eliminate or correct
the alleged discriminatory housing practice by in-
formal methods of conference, conciliation and per-
suasion which shall be held, insofar as possible.
(Ord. No. 92-9493, ~ 1, 2.3-92)
Sec. 13.111. Conciliation failure.
If the commission is unable to resolve the al-
leged unlawful discriminatory housing practice,
it shall notify the parties in writing that concili-
ation efforts have failed.
(Ord. No. 92.9493, ~ 1,2.3.92)
Sec. 13.112. Election for civil action.
(a) Mter the commission has issued a notice of
conciliation failure pursuant to section 13-111 of
this article, the complainant, the respondent, or
the commission may elect to have the claims and
issues asserted in the reasonable grounds deter-
mination decided in a civil action commenced and
maintained by the commission.
(1) An election for a civil action under this sub-
section shall be made no later than twenty
(20) days after an electing complainant or
respondent receives the notice of concilia-
tion failure, or if the commission makes the
election, not more than twenty (20) days
after the notice of conciliation failure is is-
sued. A complainant or respondent who
makes an election for a civil action pur-
suant to this subsection shall give notice to
the commission. If the commission makes
Supp. No.9
an election, it shall notify all complainants
and respondents of the election.
(2) If an election is made under this subsec.
tion, no later than sixty (60) days after the
election is made the commission shall com-
mence a civil action in the federal district
court in its own name on behalf of the com-
plainant. In such an action, the commis.
sion shall be represented by an attorney
employed by the commission. '
(b) In a civil action brought under this section,
the rights and remedies of the parties shall be
determined by applicable federal law. The relief
that may be granted in such a civil action shall
include at least actual and punitive damages, in-
junctive and equitable relief as provided by appli-
cable federal law.
(Ord. No. 92.9493, ~ 1, 2-3-92; Ord. No. 92-9519, ~
4, 7-20-92)
Sec. 13.113. Administrative hearing.
If the commission is unable to eliminate or cor-
rect the alleged discriminatory housing practice
by informal methods of conference, conciliation
and persuasion, and if an election for a civil ac.
tion is not made pursuant to section 13.112, a
hearing shall be held before a hearing officer in
the manner provided in section 13-87 through
13-89 and the amendments thereto, for holding
hearings under this chapter. In any such hearing,
the burden of proof shall be on the complainant.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-114. Order of hearing officer; affirma-
tive action; notice of compliance.
(a) If the hearing officer shall find that a re-
spondent has engaged in or is engaging in any
discriminatory housing practice, the hearing of.
ficer shall render an order requiring the respon-
dent to cease and desist from such discriminatory
housing practice, and such order may direct a re-
spondent to take such affirmative action as the
hearing officer deems necessary to effectuate the
intent and purposes of this article, including, but
not limited to, the selling or renting of specified
real property and the lending of money for the
acquisition, construction, rehabilitation, repair or
maintenance of real property. Such order may also
809
~ 13-114
SALINA CODE
include an award of compensatory damages and
of damages for pain, suffering and humiliation
which are incidental to the act of discrimination,
except that an award for such pain, suffering and
humiliation shall in no event exceed the sum of
two thousand dollars ($2,000.00>. Such order may
also, to vindicate the public interest, assess a civil
penalty against the respondent:
(1) In an amount not exceeding ten thousand
dollars ($10,000.00), if the respondent has
not been adjudged to have committed any
prior discriminatory housing practice;
(2) Subject to the provisions of subsection (a)(4),
in an amount not exceeding twenty-five
thousand dollars ($25,000.00), if the respon-
dent has been adjudged to have committed
one other discriminatory housing practice
during the five-year period ending on the
date of the filing of the complaint;
(3) Subject to the provisions of subsection (a)(4),
in an amount not exceeding fifty thousand
dollars ($50,000.00), if the respondent has
been adjudged to have committed two (2) or
more discriminatory housing practices
during the seven-year period ending on the
date of the filing of the complaint; and
(4) If the acts constituting the discriminatory
housing practice that is the object of the
complaint are committed by the same nat-
ural person who has been previously ad-
judged to have committed acts constituting
a discriminatory housing practice in the
amounts provided by subsections (a)(2) and
(a)(3) without regard to the period of time
within which any subsequent discrimina-
tory housing practice occurred.
Such civil penalties shall be paid into the city
treasury to the credit of the city general fund.
(b) The order of the hearing officer shall be
deemed an order of the commission.
(c) The commission's order shall be subject to
enforcement and review pursuant to K.S.A. 12.
16,106 and amendments thereto.
(d) Within fifteen (15) days after the hearing
officer's order is served by the commission re-
quiring or prohibiting action by a respondent, the
Supp. No.9
respondent shall notify the commission in writing
of the manner in which the respondent has com-
plied with the order.
(e) In the case of an order with respect to a
discriminatory housing practice that occurred in
the course of a business subject to a licensing or
regulation by a state agency, the commission may,
not later than thirty (30) days after the respon-
dent has complied with the order, or, if such order
is judicially reviewed under subparagraph (c)
above, thirty (3D) days after such order is in sub-
stance affirmed upon such review:
(1) Send copies of the findings of fact, conclu-
sions of law, and the order, to that agency;
and
(2) Recommend to the agency appropriate dis-
ciplinary action, including, where appro-
priate, the suspension or revocation of the
license of the respondent.
(Ord. No. 92-9493, ~ 1,2-3-92; Ord. No. 92-9519, ~
5, 7-20-92)
Sec. 13.115. Dismissal of complaint.
If the hearing officer finds that a respondent
has not engaged in an unlawful discriminatory
housing practice, the hearing officer shall render
an order dismissing the complaint as to such re-
spondent.
(Ord. No. 92-9493, ~ 1, 2-3-92)
See 13.116. Rules.
The commission is hereby authorized to adopt
rules of practice to govern, expedite and effec-
tuate the foregoing procedure and its own actions
thereunder.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sees. 13-117-13.130. Reserved.
ARTICLE VI. PUBLIC CONTRACTS
Sec. 13-131. Required contract provisions.
(a) Every contract for or on behalf of the city or
any agency thereof, for construction, alteration or
repair of any public building or public work or for
the acquisition of materials, equipment, supplies,
810
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
~ 13-134
or services, shall contain provisions by which the
contractor and any subcontractors agree that:
(1) The contractor and subcontractor shall ob-
serve the provisions of this chapter and
shall not discriminate against any person
in the performance of work under the
present contract because of race, sex, reli-
gion, age, color, national origin, ancestry
or disability.
(2) In all solicitations, or advertisements for
employees, the contractor shall include the
phrase equal opportunity employer, or a
similar phrase to be approved by the di-
rector.
(b) In any contract entered into by the city or
any of its agencies or departments, there shall be
included a provision that during the performance
of the contract, the contractor will not discrimi-
nate against any employee or applicant for em-
ployment in the performance of the contract and
every contractor shall include similar provisions
in all subcontracts under such person's contract
with the city.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-132. Affirmative action by contrac-
tors required.
(a) Any contractor entering into a contract with
the city and such person's subcontractor shall take
affirmative action to insure that employees are
treated equally without regard to thei! race, sex,
religion, age, color, national origin, ancestry or
disability. Such affirmative action shall include,
but not be limited to, the following: Employment,
upgrading, demotion or transfer, recruiting or re-
cruitment, advertising, layoff or termination, rates
of payor other forms of compensation and selec-
tion for training, including apprenticeship. The
contractor and subcontractor shall agree to post,
in conspicuous places available to employees and
applicants for employment, notices to be provided
by the director setting forth provisions of this ar-
ticle. The contractor and such person's subcontrac-
tors shall provide all affirmative action informa-
tion 'and necessary documents to implement the
compliance with the requirements of all federal,
state and local laws and ordinances.
Supp. No.9
(b) It shall be no excuse that the employer has
a collective bargaining agreement with any union
providing for exclusive referral or approval sys-
tems. The failure of the contractor or subcontrac-
tors to comply with the requirements of this ar-
ticle shall be grounds for cancellation, termination,
or suspension of the contract, in whole or in part,
by the board of commissioners with the contractor
or subcontractors until satisfactory proof with in-
tent to comply will be submitted to and accepted
by the board of commissioners.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-133. Affirmative action plans.
Every contractor and subcontractor prior to en-
tering into a contract with the city shall submit to
the director of human relations an acceptable
written affirmative action plan which shall:
(1) Identify areas of employment, employment
policies, and employment practices which
require action by the contractor or subcon-
tractor to assure equal employment oppor-
tunity;
(2) Analyze these areas, policies and practices
to determine what actions by said contractor
or subcontractor will be most effective;
(3) Establish a plan with goals and timetables
designed to achieve equal employment op-
portunity; and
(4) Include provisions for implementation, mon-
itoring, and periodic evaluation in order to
insure that it continues to be a valid plan.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.134. Exemptions.
The provisions of this article shall not apply to:
(1) Contractors or suppliers who would not be
considered as an "employer" as defined in
section 13-2;
(2) Contracts and subcontracts not exceeding
twenty thousand dollars ($20,000.00); and
(3) Call type or purchase order agreements
which do not exceed twenty thousand dol-
lars ($20,000.00) in total per calendar year;
provided, vendors, contractors and suppliers
811
~ 13-134
SALINA CODE
who will supply or expect to supply the city
with goods or services exceeding twenty
thousand dollars ($20,000.00) during the
subsequent calendar year not be exempt
from the requirements of this article;
provided, the above exemptions shall not conflict .
with applicable state or federal laws.
(Ord. No. 92-9493, ~ 1,2.3-92)
Sees. 13.135-13.140. Reserved.
ARTICLE VII. THE ORGANIZATIONAL
STRUCTURE AND RESPONSmILITIES
FOR CARRYING OUT TIlE CITY'S
COMMITMENT TO TIlE PRINCIPLE OF
NONDISCRIMINATION IN CITY
EMPLOYMENT
Sec. 13.141. Definitions.
The words and phrases defined in the following
sections, when used in this article, shall have the
meanings indicated:
Directors means the director of personnel and
the director of human relations.
Minority as defined by the federal EEOC are
members of racial or ethnic groups which have
encountered, or now encounter, employment or
other discrimination in our society because of such
group membership or affiliations. Ethnic catego-
ries as defined by federal EEOC are:
(1) The category "white" should include per-
sons of Indo.European descent, including
Pakistani and East Indian.
(2) The category "black" should include per-
sons of African descent as well as those iden-
tified as Jamaican, Trinidadian and West
Indian.
(3) The category "Spanish Surnamed" should
include persons of Mexican, Puerto Rican,
Cuban, Central, South or Latin American
or Spanish descent.
(4) The category "American Indian" or "Alas-
kan Native" should include persons having
origin in any of the "original peoples" of
Supp. No.9
North America, and who maintain cultural
identification through tribal affiliation.
(5) The category "Asian American" or "Pacif-
ic Islander" should include persons having
origins in any of the "original peoples" of
the Far East, the Indian subcontinent or
the Pacific Islands. This area includes
China, India, Japan, Korea, Malaysia, Thai-
land, the Philippine Islands and Samoa.
Program means the affirmative action program.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sees. 13-142-13-144. Reserved.
Sec. 13-145. Administration.
The administration of this article shall be the
responsibility of the city manager.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.146. Selection standards.
(a) The directors will cause a review of all job
specifications to assure that requirements con-
tained therein are job related and do not present
unreasonable barriers for entry by minority, fee
male or disabled applicants.
(b) The directors will cause a review of all
written examinations administered to assure that
they do not have a discriminatory effect on mi-
nority, female or disabled applicants.
(c) As new classifications are established, or new
selection standards utilized, the directors will re-
view each standard to assure its nondiscrimina-
tory nature.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13-147. Recruiting and advertising.
(a) In order to insure nondiscrimination in em-
ployment opportunities, the director of personnel
shall promptly notify the director of human rela-
tions of any vacancy to be filled. The director of
human relations shall, upon receiving any job va-
cancy listing, promptly post notice of such in public
locations in at least three (3) places throughout
the city. The director of personnel shall be respon-
sible for seeing that an advertisement is given
812
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EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
~ 13-150
publication in at least one (1) and not more than
three (3) periodical news agencies with general
circulation in the city. The city shall be respon-
sible for the payment of all advertising costs. No
person shall be employed to fill any vacancy, ex-
cept in the semiskilled and laborer-type catego-
ries, within ten (10) days after the vacancy is listed
with the director of human relations, unless in
the opinion of the city manager, an emergency
exists. Vacancies in the semiskilled and laborer-
type categories may be filled after publication of
the vacancy. All applications for employment shall
be filled with the director of personnel.
(b) Recruiting efforts shall be directed toward
educational institutions having minority and/or
female or disabled enrollment.
(c) Communications and referral relationships
to be established and maintained with groups and
organizations likely to yield minority, female or
disabled applicants.
(d) Advertising for applicants shall be done in
the manner most likely to reflect the city's affir-
mative desire to attract minority, female and dis-
abled applicants.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.148. Affirmative management.
(a) It shall be unlawful for the head of any de-
partment, official agent, or employee of the city or
of any department thereof acting for or on behalf
of said city in any manner involving employment
by the city, to discriminate against any person
otherwise qualified in employment or in tenure,
terms or conditions of employment, or to discrim-
inate in promotion or increase in compensation;
or to publish offers of or to offer employment based
upon such discrimination; or to adopt or enforce
any rule or employment policy which discrimi-
nates between employees or prospective em.
ployees; or to seek information relating to age,
race, sex, religion, color, national origin, ancestry
or disability from any person or employee, as a
condition of employment, tenure, terms or in con-
nection with conditions of employment, promo-
tion _or increase in compensation unless such in-
formation is demonstrably valid as being as
essential qualification, or to discriminate in the
selection of personnel for training.
Supp. No.9
(b) The directors will work closely with each
department head in the following areas:
(1) Classification plan. Analyze and restruc-
ture where justified to provide maximum
opportunity for applicants to qualify for em-
ployment, as well as, for employees to ad-
vance.
(2) Staff orientation. Initiate programs to as-
sure that all personnel responsible for se-
lection and supervision are award of and
provided with training to develop skill in
implementing the affirmative action pro-
gram.
(3) Identify areas for concentrated efforts. The
directors shall develop statistical informa-
tion relative to the utilization of minori-
ties, females and disabled in all depart-
ments of the city, identify areas of
deficiency, and develop goals and methods
for correcting such deficiencies.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.149. Evaluation.
(a) There is hereby established an affirmative
action evaluation committee composed of the city
manager or his designee, the director of personnel,
the director of human relations and other depart-
ment heads as the city manager may deem appro-
priate. The city manager or his designee shall
serve as chairman of the committee.
(b) The committee shall advise the department
heads on implementation procedures, identifica-
tion of areas for concentrated efforts, and aid in
other matters related to implementation of the
program.
(c) The committee shall meet not less than quar-
terly to review overall progress on implementa-
tion of the program. They shall make any modi-
fications as may be necessary to assure maximum,
effective implementation of the program.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sec. 13.150. Training for upward mobility.
The city manager will take measures to assure
that maximum opportunity is afforded to minori.
ties, women and disabled for entry into training
813
~ 13-150
SALINA CODE
or educational programs which will enhance their
employment for upward mobility potential.
(Ord. No. 92-9493, ~ 1,2-3-92)
Sec. 13.151. Reports.
The city manager will submit an annual report
to the board of commissioners on the status of the
affirmative action program.
(Ord. No. 92-9493, ~ 1, 2-3-92)
Sees. 13.152-13.160. Reserved.
Supp. No.9
814
[The next page is 853]
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Chapter 14
FIRE PREVENTION AND PROTECTION.
Art. I. In General, If 14-1-14-16
Art. ll. Firemen's ReUef Association, AA 14-17-14-40
Art. m. Fire Prevention Code, If 14-41-14-67
Div. 1. Generally, U 14-41-14-50
Div. 2. Fireworks, U 14-51-14-65
Div. 3. Uquefied Petroleum Gases, U 14-66, 14-67
.Cross references-Buildings and structural appurtenances, Ch. 8; removal of wires, turning off current in case of fire, ~ 8-82;
false fire alarms, !l 25-84; burning of garbage, !l 34-32; smoking, lighting matches, lighters on buses, !l 40-2; payment upon
retirement to certain members of the fire department, App. A, Charter om. no. 15.
State law reference-Fire protection, K.S.A. Ch. 31.
Supp. No. 10
853
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FIRE PREVENTION AND PROTECTION
ARTICLE I. IN GENERAL
Sec. 14.1. Contracts for fire protection for
property outside the city limits.
Pursuant to K.S.A. 80-1502, the city may enter
into a fire protection contract with any county,
township or individual or group of individuals,
firm or corporation whose property is situated out-
side the city limits, to furnish firefighting service.
A fire protection contract shall be made by ordi-
nance and shall be assignable only upon prior
written approval of the city manager.
(Code 1966, ~ 12-1; Ord. No. 83.8984, ~ 1, 12-
19.83; Ord. No. 94.9622, ~ 1, 2.7-94)
Sec. 14.2. Calculation of charges.
The annual charge for fire protection furnished
by the city under a fire protection agreement shall
be payable in advance and shall equal one hun.
dred twenty-five (125) percent of the mill levy re-
quired to provide rIre protection service within
the limits of the city for the year in which the
contract is executed or renewed, multiplied by the
most recently available assessed valuation of the
property (including land, improvements and per-
sonal property) for which rIre protection is to be
furnished; subject, however, to a maximum an-
nual charge for anyone (1) tract of property in one
(1) ownership of twenty-five thousand dollars
($25,000.00).
(Ord. No. 94.9622, ~ 2, 2.7-94)
Sec. 14.3. Initial term.
Regardless of the commencement date of any
rIre protection contract, the initial term of the con-
tract shall end the next following December 31st.
The charge for the initial term of the contract
shall be calculated according to section 14-2 above
and shall be prorated on the basis of the number
of months included in the initial term.
(Ord. No. 94-9622, ~ 2, 2-7-94)
Sec. 14.4. Renewal.
A fire protection contract shall renew on a cal-
endar year-to-year basis if the annual charge pre-
scribed in section 14-2 above,as it now provides or
Supp. No. 10
i 14.19
as it may be amended, is paid to and accepted by
the city no later than the December 31st immedi.
ately prior to the renewal term.
(Ord. No. 94-9622, ~ 2, 2-7-94)
Sec. 14.5. Termination.
A rIre protection contract shall be subject to ter-
mination at any time that, upon the recommen-
dation of the fire chief, the governing body finds it
contrary to the public interest for the city to con-
tinue to provide fire protection service under the
contract. Annexation of the real estate covered by
a fire protection contract shall terminate the con-
tract. Upon termination of a fire protection con-
tract, the city shall pay to the property owner a
prorated refund based upon the number of months
remaining in the term of the contract.
(Ord. No. 94-9622, ~ 2, 2-7-94)
Sec. 14-6-14-16. Reserved.
ARTICLE II. FIREMEN'S RELIEF
ASSOCIATION*
Sec. 14.17. Composition.
The Firemen's Relief Association of Salina shall
be composed of all regularly paid members of the
fire department.
(Code 1966, ~ 12-38)
Sec. 14.18. Officers specified.
The officers of the rIremen's relief association
shall consist of a president, vice-president, secre-
tary and treasurer and a board of directors which
shall consist of the president, vice-president, sec-
retary and two (2) members, to be selected as pro-
vided by the bylaws of the firemen's relief associ-
ation.
(Code 1966, ~ 12-39)
Sec. 14-19. Bylaws, regulations authorized.
The fireman's relief association shall adopt such
bylaws, rules and regulations as it may deem ad-
.Cl'OlI8 references-Administration, Ch. 2; boards and com-
missions generally, A 2.136 et seq.
State law reference-Firemen's relief fund, KS.A. 40.
1701 et seq.
855
~ 14-19
SALINA CODE
visable in carrying out and promoting the objects
of the association, not inconsistent with this ar-
ticle or the laws of the state.
(Code 1966, ~ 12-41)
Sec_ 14-20. Records.
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.
(Code 1966, ~ 12-42)
See. 14-21. Custody of funds; bond of trea-
surer.
The treasurer of the fU'emen's relief association
shall at all times be the custodian of all funds
belonging to the association, and he shall give
bond for the safekeeping of such funds and for
faithful performance in such sum with such sure-
ties as may be approved by the board of commis-
sioners.
(Code 1966, ~ 12-43)
See. 14-22. Procedure for disbursements.
The frremen's relief association shall, through
the president, vice-president and secretary of the
association, present to the board of directors of
the association, in writing, a statement of any
disbursements that they desire to make, and if
the same is approved by the board of directors, the
amount so approved shall be allowed by the frre-
men's relief association of the use and purposes of
the relief fund. In all cases involving expendi-
tures or payments in an amount of five hundred
dollars ($500.00) or more prior certification shall
be obtained from the city attorney that such ex-
penditure or payment complies with K.S.A.
Chapter 40, Article 17.
(Code 1966, ~ 12-44)
See. 14-23. Statutory limitation on use of
funds.
All moneys received by the treasurer of the fire-
men's relief association for fU'emen's relief shall
be set apart and used by the IU'emen's relief as-
sociation solely and entirely for the objects and
purposes set forth in this article and as set forth
in K.S.A. Chapter 40, Article 17, and shall be
Supp. No. 10
paid to and distributed by the fU'emen's relief as-
sociation under such provisions as shall be made
by the board of commissioners.
(Code 1966, ~ 12-45)
See. 14-24. Investments.
The officers of the firemen's relief association
may invest any amount not exceeding ninety (90)
percent of all such moneys, in purchasing bonds of
the city; provided, that if the bonds of the city are
not obtainable, United States government bonds
may be purchased or any municipal bond of this
state may be purchased; provided further, that
such relief funds are used to purchase bonds where
the bonded indebtedness of the municipality does
not exceed fifteen (15) percent of its assessed val-
uation as shown by the last assessment preceding
such investment. Such purchase must be approved
by the board of commissioners of the city; pro-
vided, 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 commis-
sioners 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.
(Code 1966, ~ 12-46)
See. 14-25. Funds to be held in trust; purpose
for which used; loans to city.
All moneys collected and received by the Irre-
men'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 Irreman, 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 ex-
pense of any member of such IJ.re department when
killed in the discharge of his duties as fU'eman, or
in the case of death resulting from injuries so re-
ceived or disease contracted by reason of his du-
ties 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
856
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FIRE PREVENTION AND PROTECTION
~ 14-42
.
(20) years on the department, such pension not to
exceed in amount one-half of the monthly 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; provided however, that the firemen's
relief association is hereby authorized to lend
part or all of such funds to the city 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 its
warrant therefor bearing interest payable semi-
annually at a rate of not to exceed six (6) percent
per annum.
(Code 1966, ~ 12-47)
Sec. 14-26. Limitations on insurance.
e
The firemen's relief association may provide
insurance as provided in section 14-25, subject to
the following limitations:
(1) Policies must be purchased, owned and
held by the firemen's relief association.
(2) Policies must name the firemen's relief
association as beneficiary and must not
obtain a provision which would permit
the assured to change the beneficiary;
(3) Life insurance must be term insurance
only; and
(4) 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, however, that it
will be permissible for the association to
purchase policies giving twenty-four (24)
hour coverage by requiring individual mem-
bers to pay the additional cost over the
limited coverage, which additional cost is
hereby determined to be fifteen (15) per-
cent of the total premium on the policy.
(Code 1966, ~ 1,2-48)
.
Sec. 14-27. Double benefits prohibited.
,e
I
No person having been a regularly paid mem-
ber of the fire department shall be entitled to
Supp. No. 13 857
receive benefits in the form of relief and pensions
at the same time and such double benefits are
hereby prohibited.
(Code 1966, ~ 12-49)
Secs. 14-28-14-40. Reserved.
ARTICLE III. FIRE PREVENTION
CODE
DIVISION 1. GENERALLY
Sec. 14-41. Uniform Fire Code adopted.
There is hereby adopted, by reference, by the
city for the purpose of providing regulations gov-
erning conditions hazardous to life and property
from fire or explosion, that certain code and
standards known as the Uniform Fire Code
("UFC"), including its several appendices, and the
Uniform Fire Code Standards published by the
Western Fire Chiefs Association and the Interna-
tional Conference of Building Officials, being par-
ticularly the 1994 edition, except as amended in
this article of the Salina Code, of which not fewer
than three (3) copies have been, and are now 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 control-
ling in the construction of all buildings and struc-
tures therein contained within the corporate lim-
its of the city.
(Code 1966, ~ 12-76; Ord. No. 89-9327, ~ 1,7-17-
89; Ord. No. 94-9621, ~ 1, 2-7-94; Ord. No. 98-
9856, ~ I, 2-2-98)
State law reference-Authority to incorporate standard
codes by reference, K.S.A. 12.3009 et seq.
Sec. 14-42. Violations.
Any person who shall violate any provisions of
the fire prevention code adopted by reference in
section 14-41 or any changes or additions thereto
prescribed by this division, 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
hereunder, or any certificate or permit issued
thereunder, and from which no appeal has been
~ 14-42
SALINA CODE
taken hereunder, shall severally for every viola-
tion and noncompliance, respectively, be guilty of
a misdemeanor. The imposition of one (1) 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 rem-
edy such violations or defects within a reasonable
time. When not otherwise specified, each ten (10)
days that prohibited conditions are maintained
shall constitute a separate offense. The applica-
tion of a penalty shall not be held to prevent the
enforced removal of prohibited conditions.
(Code 1966, ~ 12-113; Ord. No. 89-9327, ~ 2,
7-17-89; Ord. No. 94-9621, ~ 1, 2-7-94)
Secs. 14-43-14-47. Reserved.
Editor's DOte-Ord. No. 94-9621, 0 1, adopted Feb. 7,
1994, repealed n 14-43-14-47. Such sections amended sec-
tions 2.105, 2.201, 3.102, 10.203, and 79.1206 of the 1988
edition of the Unifonn Fire Code, and were derived from Oro.
No. 89-9327, U 3-7, adopted July 17, 1989.
Sec. 14-48. Amendment of Appendix III-A,
Section 5, of the Uniform Fire
Code.
[Appendix III-A, Section 5, of the Uniform Fire
Code is hereby amended to read as follows:]
5.1 One- and 1Wo-Family Dwellings. The
minimum fire flow and flow duration require-
ments for one- and two-family dwellings hav-
ing a rue area which does not exceed 3,600
square feet (344.5 m2) shall be 1,000 gallons
per minute (3785.4 Umin.). Fire flow and flow
duration for dwellings having a fire area in
excess of 3,600 square feet (344.5 m2) shall not
be less than that specified in Table A-III-a-!.
EXCEPTION: A reduction in required fire
flow of 50 percent as approved by the
chief, is allowed when the building meets
any of the following criteria:
a. An approved automatic sprinkler sys-
tem is provided.
b. Construction type is type V-lhr.
c. An approved alternate water supply
is provided.
d. Exposure distance from adjacent
buildings meets the requirements of
Supp. No. 13
the 16th edition National Fire Pro-
tection Association Table 17 -3b
(Handbook).
e. Construction is on a tract of land for
which final platting and zoning was
in effect as of August 1, 1989. (Ap-
proval of required platting and zon-
ing shall not include approval of a
final development plan in a planned
development district.)
5.2 Buildings other than One- and 1Wo-
Family Dwellings. The minimum fire flow and
flow duration for buildings other than one- and
two-family dwellings shall be as specified in
Table-A-III-A-1.
EXCEPTION: A reduction in required fire
flow of 75 percent (but not less than 1,000
gallons per minute) as approved by the
chief, is allowed when the building meets
any of the following criteria:
a. An approved automatic sprinkler sys-
tem is provided.
b. An approved alternate water supply
is provided.
c. Exposure distance from adjacent
buildings meets the requirements of
the 16th edition National Fire Pro-
tection Association Table 17 -3b
(Handbook).
d. Construction is on a tract of land for
which final platting and zoning was
in effect as of August 1, 1989. (Ap-
proval of required platting and zon-
ing shall not include approval of a
final development plan in a planned
development district.>
(Ord. No. 89-9327, ~ 8(14-11), 7-17-89; Ord. No.
94-9621, ~ 1,2-7-94; Ord. No. 98-9856, ~ 1,2-2-98)
Secs. 14-49,14-50. Reserved.
DIVISION 2. FIREWORKS
Sec. 14-51. Defined.
Fireworks shall mean and include any combus-
tible or explosive composition, or any substance or
858
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FIRE PREVENTION AND PROTECTION
~ 14-53
.
combination of substances, or article prepared for
the purpose of producing a visible or audible effect
by combustion, explosion, deflagration, or detona-
tion, and shall include blank cartridges, toy pis-
tols, toy cannons, toy canes, or toy guns in which
explosives are used, the type of balloons which
require fire underneath to propel the same, fire-
crackers, torpedoes, skyrockets, Roman candles,
Dago bombs, sparklers, or other devices contain-
ing any explosive substance; except that the term
"fireworks" shall not include: Auto flares; punks;
paper caps containing not in excess of an average
of twenty-five hundredths of a grain of explosive
content per cap, and/or toy pistols, toy canes, toy
guns or other devices for the use of such caps;
snakes of glow worms which are defined as pressed
pellets of pyrotechnic composition that produce a
large, snake-like ash upon burning whereby the
ash expands in length as the pellet bums, how-
ever, these devices may not contain mercuric
thiocyanate; smoke devices, which are defined as
tubes, cones, or spheres containing pyrotechnic
composition that, upon ignition, produce white or
colored smoke as a primary effect; trick noisemak-
ers, which are defined as items containing not in
excess of an average of twenty-five hundredths of
a grain of explosive content per item that produce
a small report intended to surprise the user and
are described as follows:
(1) Party poppers, which are defined as small
plastic or paper items containing a small
quantity of explosive composition that is
friction sensitive with a string which pro-
trudes from the device that is pulled to
ignite it and the same thereafter expels
paper streamers and produces a small
report;
(2) Booby traps, which are defined as small
tubes with strings protruding from both
ends, are similar to a party popper in
design, and the ends of the strings are
pulled to ignite the friction-sensitive com-
position which then produces a small re-
port;
(3) Snappers, which are defined as small,
paper-wrapped items containing a minute
quantity of explosive composition coated
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.
-
Supp. No. 13
on small bits of sand and when dropped,
the device explodes and produces a small
report;
(4) Trick matches, which are defined as kitchen
or book matches that have been coated
with a small quantity of explosive of py-
rotechnic composition and upon ignition
of the match, a small report or shower of
sparks is produced;
(5) Cigarette loads, which are defined as small
wooden pegs that have been coated with a
small quantity of explosive composition
and upon ignition of a cigarette contain-
ing one (1) of the pegs, a small report is
produced;
(6) Auto burglar alarms, which are defined
as tubes that contain pyrotechnic compo-
sition that produce a loud whistle and/or
smoke when ignited, also, a small quan-
tity of explosive may be used to produce a
small report which is ignited by a squib;
the same and use of which shall be permitted at
all times.
(Code 1966, ~ 12-119; Ord. No. 87-1977, ~ 1,
3-23-87)
Cross reference-Definitions and roles of construction
genrally, ~ 1-2.
Sec. 14-52. Manufacture prohibited.
The manufacture of fireworks is prohibited
within the city.
(Code 1966, ~ 12-120)
Sec. 14-53. Storing, selling, dealing in, pos-
sessing, using, exploding.
(a) Except as hereinafter provided, it shall be
unlawful for any person to store, to offer for sale,
expose for sale, sell at retail, possess, use or
explode any fireworks; provided that the chief of
the fire department shall have power to adopt
reasonable rules and regulations for granting of
permits for supervised public displays of fire-
works by the city, fair associations, amusement
parks, and other organizations. Every such dis-
play shall be handled by a competent operator
approved by the chiefs of police and fire depart-
ments of the city, and shall be of such character,
859
~ 14-53
SALINA CODE
and so located, discharged or fired as in the
opinion of the chief of the fire department, after
proper inspection, shall not be hazardous to prop-
erty or endanger any person.
(b) Application for permits shall be made in
writing at least fifteen (15) days in advance of the
date of the display. After such privilege shall have
been granted, sale, possession, use and distribu-
tion of fireworks for such display shall be lawful
for that purpose only. No permit granted hereun-
der shall be transferable.
(Code 1966, ~ 12-121; Ord. No. 97-9802, ~ 1, 2,
5-12-97)
Sec. 14-54. Liability insurance required for
display.
The permittee for a fireworks display shall file
with the city clerk a policy of liability insurance
issued by some company authorized to do busi-
ness in the state, which shall provide liability
insurance coverage in an amount of at least five
hundred thousand dollars ($500,000.00) for the
payment of any and all damages which may be
caused either to persons or to property by reason
of the permitted display, and arising from any act
of the permittee, his agents, employers or subcon-
tractors.
(Code 1966, ~ 12-122)
Sec. 14-55. Reserved.
Editor's note--Section 4-55, pertaining to the disposal of
unfired fireworks and derived from Code 1966, ~ 12-123, was
repealed by * 9 ofOrd. No. 89-9327, passed July 17, 1989.
Sec. 14-56. Exceptions.
Nothing in this division shall be construed to
prohibit the use of fireworks by railroads or other
transportation agencies for signal purposes or
illumination, or the sale or use of blank cartridges
for a show or theater, or for signal or ceremonial
purposes in athletics or sports, or for use by
military organizations. Such agencies shall store
their supplies of fireworks in accordance with the
fire code.
(Code 1966, ~ 12-124)
Supp. No. 13
Sec. 14-57. Seizure of violations.
The chief of the fire or police department shall
seize, take, remove, or cause to be removed at the
expense of the owner all stocks of fireworks of-
fered or exposed for sale, stored, or held in viola-
tion of this division.
(Code 1966, ~ 12-125)
Sec. 14-58. Nuisance declared; abatement.
The possession, storing, displaying for sale,
selling, offering for sale, giving away, discharging,
firing or using of any of the fireworks, pyrotech-
nics or other articles mentioned in section 14-51
at any place within the city by any person, is
hereby declared to be a nuisance and any such
nuisance may be abated by injunction or other-
wise as provided for in KS.A. 13-1417; provided,
that the remedy provided for in this section is in
addition to the penalty for violation of this divi-
sion.
(Code 1966, ~ 12-126)
Crou reference-Nuisances generally, Ch. 24.
Sees. 14-59-14-65. Reserved.
DIVISION 3. LIQUEFIED PETROLEUM
GASES
Sec. 14-66. Regulations adopted.
The "Rules and Regulations Relating to the
Liquefied Petroleum Gas Industry of the State of
Kansas" promulgated and issued by the state fire
marshal and filed with the Revisor of Statutes,
are hereby incorporated in this Code by reference
and made a part hereof the same as if set out in
full.
(Code 1966, ~ 12-139)
Sec. 14-67. Violations, penalty.
Any person who shall violate any of the regu-
lations as incorporated by reference by section
14-66 shall be guilty of a misdemeanor.
(Code 1966, ~ 12-140)
Editor's note-Ord. No. 94-9621, ~ 3, adopted Feb. 7,
1994, repealed former Div. 4, Miscellaneous hazards, U 14-
76-14-79. Such sections had been derived from the 1966
Code, ~~ 12-146-12-149. Secs.1~14-75, beingnonsubstan-
tive have been deleted.
[The next page is 909]
860
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Chapter 15
. FLOOD PREVENTION AND CONTROL.
Art. I. In General, II 15-1-15-15
Art. II. Flood Protection Works, 1115-16-15-21
ARTICLE I. IN GENERAL
Sec. 15-1. Police power extended to system.
The police power of the city is hereby extended
to include the entire flood control system owned
and operated by the city, as. shown on the flood
control map on file in the office of the city clerk.
(Code 1966, ~ 13-1)
e
Sec. 15-2. Lands included in corporate limits.
The lands shown on the flood control map as
being within the flood control system shall be
deemed to be a part of the corporate limits of the
city. (Code 1966, ~ 13-2)
Sec. 15-3. General ordinances applicable.
All general ordinances of the city are hereby
declared to be applicable to the above mentioned
flood control property. (Code 1966, ~ 13-3)
Sec. 15-4. Trespassing on, damaging, inter-
fering with property.
It shall be unlawful for anyone to trespass, en-
croach upon, injure, damage, destroy or interfere
with any of the flood control property belonging
to the city. (Code 1966, ~ 13-4)
Sec. 15-5. Manager to prepare regulations.
The city manager is hereby authorized and di-
rected to prepare such rules and regulations as
may be necessary in regard to the management
and control of the flood control property owned by
the city. (Code 1966, ~ 13-5)
.
Sees. 15-6-15-15. Reserved.
-
ARTICLE II. FLOOD PROTECTION
WORKS
Sec. 15-16. Findings.
The board of commissioners hereby declares that
in the public interest and for the protection of life
and property of citizens of this city, this article is
deemed necessary. (Code 1966, ~ 13-11)
Sec. 15-17. Flood protection works; city en-
gineer to review plans for certain
proposed construction or ex-
cavations.
No construction or excavation or other works
shall be made or commenced within one thousand
(1,000) feet landward or riverward of the center
line of any flood protection works defined as in-
cluding levees, floodwalls and appurtenances and
such further distance as may be determined nec-
essary by the city engineer under certain circum-
stances then existing, of the center line of any
flood protection works that may impair or endan-
ger the proposed function of any such flood pro-
tection works; provided, that any plan or proposal
for such construction or excavation shall be sub-
mitted to the city engineer for examination and
determination as to the probability of any impair-
ment or endangerment to such flood protection
works by the proposed construction or excavation.
(Code 1966, ~ 13-12)
Sec. 15-18. Issuance or denial of permit for
construction or excavation.
If the city engineer shall determine, upon good
authority, that the proposed construction or ex-
cavation referred to in section 15-2 shall be d.etrimen-
.Cross references-Buildings and structural appurtenances, Ch. 8; flood plain zoning district, !I 42-426 et seq.
State law reference-Flood plain regulation, K.S.A. 12.734 et seq.
909
S 15-18
SALINA CODE
tal or will impair or endanger the function of any
flood protection works, permission for such con-
struction shall be denied. However, if a determina-
tion that no impairment or endangerment of such
flood protection works by such proposed construc-
tion or excavation may occur, a permit for such
construction or excavation shall be issued by the
city engineer after the applicant has fulfilled the
prerequisite requirements of the building code
and other pertinent ordinances. (Code 1966, ~ 13-13)
Sec. 15-19. Restricted or conditional permit.
The city engineer may issue, within sound dis-
cretion and upon good authority, a restricted or
conditional permit for such proposed construction
or excavation. (Code 1966, ~ 13-14)
Sec. 15-20. Withholding of grade sheet or
building permit.
The building official shall withhold the issu-
ance of any building permit until compliance with
this article. (Code 1966, ~ 13-15)
Sec. 15-21. Appeals from decision of city
engineer.
Any person feeling aggrieved by the determi-
nation of the city engineer under the conditions
and terms of this article may appeal in writing to
the board of commissioners within ten (10) days
of such determination by the <!ity engineer. (Code
1966, ~ 13-16)
[The next page is 961J
910
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Chapter 16
FOOD AND FOOD HANDLERS.
Art.
Art.
I. In General, II 16-1-16-10
II. Establishments, II 16-11-16-22
ARTICLE I. IN GENERAL
Secs. 16-1-16-10. Reserved.
ARTICLE II. ESTABLISHMENTS.
Sec. 16-11. Compliance with article required.
No establishment covered by this article shall
be operated within the city, or its police jurisdic-
tion unless it conforms with the requirements of
this article. (Ord. No. 84-8998, ~ 1, 1-23-84)
Sec. 16-12. Definitions.
The following definitions shall apply in the in-
terpretation and the enforcement of this article:
(1) 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.
(2) Bottling works means any establishment where
beverages of any kind, except milk or milk
products, are produced, prepared, manufactured
and bottled or prepared for bottling.
(3) Employee means 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.
(4) Grocery stores and meat markets mean estab-
lishments which sell, handle and deal in bulk
*Note-See the editor's footnote to the chapter title.
or package food, meats and provisions for
human consumption.
(5) Health officer means the health officer of the
joint city-county board of health or his au-
thorized representative or assistant.
(6) Itinerant restaurant means any restaurant op-
erating for a temporary period in connection
with a fair, carnival, circus, public exhibition
or other similar gathering.
(7) 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.
(8) Restaurant means restaurant, coffee shop, caf-
eteria, 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.
(9) Utensils includes any kitchenware, tableware,
glassware, cutlery, utensils, containers and
other equipment with which food and drink
comes in contact during storage, preparation
or serving. (Ord. No. 84-8998, ~ 1, 1-23-84)
Sec. 16-13. Enforcement and interpretation;
state regulations adopted.
This article shall be enforced by the health offi-
cer in accordance with the provisions of "Food
Service Establishment Regulations" (K.A.R. 28-36-
20 through K.A.R. 28-36-29 inclusive), which is
hereby incorporated by reference, and adopted as
*Editor's note-Ord No. 84-8998, ~ I, adopted Jan. 23, 1984, added Art. I, Div. 1, n 16-1-16-12 to the Code; however, in order
to maintain the general format of this Code, the editor has redesignated said provisions as Art. II, H 16-11-16-22 and Art. I has
been entitled "In General," with section numbers reserved for general provisions pertaining to this chapter.
Cross references-Entertainment in food establishments, ~ 6-67 et seq.; health and sanitation, Ch. 17.
State law reference-Food generally, K.S.A. Ch. 65, Art. 6.
Supp. No.2
961
116-13
SALINA CODE
a part of this article, except as modified by this
article. No fewer than three (3) copies have been,
and now are filed in the office of the city clerk.
(Ord. No. 84-8998, ~ 1, 1-23-84)
Sec. 16-14. Permits required; display required;
exemption for itinerant restau-
rants.
It shall be unlawful for any person who does
not possess an unrevoked and unsuspended per-
mit from the health officer and in whose place of
business such permit is not posted in a conspicu-
ous place, to operate in the city 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 per-
mit. 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. (Ord. No. 84-8998, ~ 1, 1-23-84)
Sec. 16-15. Application for permit required;
fee established; prerequisites to
issuance.
No permit required by this article shall be is-
sued by the health officer except on the filing of
an application to the city clerk on a form fur-
nished by him for such purpose, and on payment
by the applicant of a permit fee as established
pursuant to section 2-2 of the Salina Code to the
city clerk and until the establishment for which
such permit is desired shall be inspected by the
health officer and found him to comply in all
respects with the requirements of this article. (Ord.
No. 84-8998, ~ 1, 1-23-84)
Sec. 16-16. Fees to be paid to treasury.
All fees for permits required by section 16-15
shall be paid into the city treasury. (Ord. No.
84-8998, ~ 1, 1-23-84)
Sec. 16-17. Expiration, renewal of permits.
Every permit required by section 16-14 shall
expire on December thirty-first after the date of
Supp. No.2
issuance and must be renewed on or before Janu-
ary first of each year. (Ord. No. 84-8998, ~ 1,
1-23-84)
Sec. 16-18. Examination, condemnation of
unwholesome, adulterated food or
drink.
Samples of food and drink may be taken and
examined by the health officer as often as he
deems necessary for the detection of unwholesome-
ness or adulteration. The health officer may con-
demn and forbid the sale of, or cause to be re-
moved or destroyed, any food or drink which he
deems unwholesome or adulterated. (Ord. No.
84-8998, ~ 1, 1-23-84)
Sec. 16-19. Inspections required.
As often as the health officer may deem neces-
sary, and at least once every three (3) months, he
shall inspect every establishment covered by the
terms ofthis article, located within the city. (Ord.
No. 84-8998, ~ 1, 1-23-84)
Sec. 16-20. Second inspection required after
violation; permit suspension, revo-
cation for flagrant violation.
In case the health officer discovers the viola-
tion of any item of sanitation required by this
article, or other violation of any of the provisions
of this article, he shall make a second inspection
after the lapse of such time as he deems neces-
sary for the defect to be remedied, and the second
inspection shall be used in determining compli-
ance with the requirements of this article, unless
in the opinion of the health officer the violation is
flagrant and of such nature as to require imme-
diate suspension or revocation of the permit, and
in such event the health officer shall have au-
thority to suspend or revoke such permit imme-
diately on such first inspection. (Ord. No. 84-8998,
~ 1, 1-23-84)
Sec. 16-21. Removal of suspended, revoked
permit.
If a permit is revoked or suspended, the health
officer shall remove the permit from the estab-
962
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FOOD AND FOOD HANDLERS
~ 16-22
lishment to which it was issued and shall retain
the same until such time as the same may be
reinstated. (Ord. No. 84-8998, ~ 1, 1-23-84)
Sec. 16-22. Reinstatement of permits.
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 week after the receipt of a satisfac-
tory application, accompanied by a statement signed
by the applicant to the effect that the violated
item or items of the specifications have been con-
formed with, the health officer shall make a rein-
spection and thereafter as many additional rein-
spections as he may deem necessary to assure
himself that the applicant is again complying with
the requirements, and, in case the findings indi-
cate compliance, shall have authority to reinstate
the permit. (Ord. No. 84-8998, ~ 1, 1-23-84)
Supp. No.2
963
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Chapter 17
HEALTH AND SANITATION.
Art.
Art.
I. In General, It 17-1-17-15
II. City-County Board of Health, It 17-16-17-20
ARTICLE I. IN GENERAL
Sec. 17-1. "Health department" defined.
Whenever in this Code and other ordinances of
the city the words "health department" are used
they shall refer to the city-county health depart-
ment. (Code 1966, ~ 15-1)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sec. 17-2. "Health officer" defined.
(a) Whenever in this Code and other ordinances
of the city the words "health officer" are used
they shall refer to the health officer appointed by
the joint city-county board of health.
(b) "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. (Code 1966, ~ 15-2)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Secs. 17-3-17-15. Reserved.
ARTICLE II. CITY-COUNTY BOARD
OF HEALTH.
Sec. 17-16. Organization.
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 com-
.eross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
State law reference-Joint boards of health, K.S.A. 65-205
et seq.
posed of eleven (11) members to be selected as
follows:
(1) Each of the three (3) members of the board of
commissioners of the county shall be mem-
bers of the joint board during their term in
office as county commissioners;
(2) The mayor of the board of commissioners of
the city shall appoint three (3) 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
and the city commissioners;
(3) The six (6) members from the county and city
board of commissioners shall select five (5)
additional members for the joint board, as
follows:
a. From a list containing the names of two
(2) or more doctors of medicine practicing
within the corporate limits of the county,
selected by the Saline County Medical
Society, they shall appoint one member
whose term shall expire July 1, 1979;
b. From a list containing the names of two
(2) or more registered nurses having legal
residence in and residing in the corpo-
rate limits of the county, selected by the
board of directors of the District Nurses'
Association of which the county is a part,
they shall appoint one member whose
term shall expire July 1, 1978;
c. From a list containing the names of two
(2) or more dentists, practicing with the
county, selected by the Salina Dental S0-
ciety, they shall appoint one member whose
term shall expire July 1, 1979;
.CroS8 references-Department of public health, ~ 2-121 et seq; food and food handlers, Ch. 16; nuisances, Ch. 24; public
utilities, Ch. 31; solid waste, Ch. 34; smoking, lighting matches and lighters on buses, !i 40-2; water and sewers, Ch. 41.
State law reference-Public health generally, K.S.A. Ch. 65.
1061
~ 17-16
SALINA CODE
d. From a list containing the names of two
(2) or more doctors of veterinary medi-
cine, practicing within the county, selected
by Saline County Veterinary Medical As-
sociation, they shall appoint one mem-
ber whose term shall expire July 1, 1980;
e. They shall select one member at large,
whose term shall expire July 1, 1977;
f. After the expiration of the initial term of
each of the above five (5) members, their
successors shall be appointed and serve
for a three-year term. (Res. No. 1576, ~ 1,
6-28-55; Res. No. 3311, 3-14-77)
Sec. 17-17. Powers and duties.
(a) The joint city-county board of health shall
determine and define the policies for the promo-
tion of the public health and sanitation of the
county.
(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 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 subsec-
tion (a) above to be effective.
(c) To adopt, amend and repeal rules, regula-
tions and bylaws governing its procedure and
activities.
(d) All powers, duties and limitations as are
now or hereafter may be provided by law for cre-
ation and conduct of boards of health as now con-
ferred by law upon local municipal or county boards
of health.
(e) All money provided for health and sanita-
tion purposes by the boards of commissioners of
the city and 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 ex-
penditures 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 control of the board as ordered by it.
(0 The joint board of health shall, during the
first month of each year, file with the board of
commissioners of the city and county a report of
its activities and a statement of all receipts and
expenditures during the preceding calendar year.
(Res. No. 1576, ~ 2, 6-28-55)
Sec. 17-18. Officers.
(a) A chairman and vice chairman shall be elected
by the joint board from its membership. A trea-
surer shall also be appointed by the joint board.
(b) 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, all officers shall be elected for a
term of one year and such election shall be held.
in July of each year. The treasurer shall hold
office for the term for which he is elected as afore-
said and until his successor is elected and quali-
fied, and shall give bond to be approved by the
governing bodies of the city and county commis-
sions, for the safekeeping and due disbursements
of all funds that may come into his hands. (Res.
No. 1576, ~ 3, 6-28-55)
Sec. 17-19. Budget and expenditures.
(a) The joint city-county board of health shall
prepare a proposed annual budget estimating the
amount of funds necessary to carry on public health
activities, which budget shall be submitted to the
boards of commissioners of the county and city,
not later than thirty (30) days before the proposed
adoption by each of such boards.
(b) 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 governing bodies, in
such proportion as shall be fixed by agreement,
after taking into consideration the population of
each, and other factors which would necessarily
increase or diminish the costs of administration
in the absence of any agreement to establish such
joint board of health. (Res. No. 1576, ~ 4, 6-28-55)
1062
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HEALTH AND SANITATION
~ 17-20
Sec. 17-20. Termination.
The joint city-county board of health shall ter-
minate and cease activity whenever either gov-
erning body adopts a resolution declaring its in-
tention 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 fifteenth of any fiscal year, and such with-
drawal 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
had its origin, in the same proportion in which
the said governing bodies contributed during the
last fiscal year. All other unexpended financial
contributions shall be returned to their respec-
tive donors. (Res. No. 1576, ~ 5, 6-28-55)
[The next page is 1113]
1063
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Chapter 18
HOUSING.
Art.
Art.
I. In General, U 18-1-18-20
n. Administration and Enforcement, U 18-21-18-60
Div. 1. Generally, ~~ 18-21-18-40
Div. 2. Appeals, ~~ 18-41-18-60
In. Use and Occupancy Regulations, H 18-61-18-81
Art.
.Cross references-Buildings and structural appurtenances, Ch. 8; mobile homes and trailers, Ch. 22; public utilities, Ch. 31;
solid waste. Ch. 34; subdivision regulations, Ch. 36; water and sewers, Ch. 41; zoning regulations, Ch. 42.
State law reference-Housing law, K.S.A. 17-2336 et seq.
Supp. No. 11
1113
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ARTICLE I. IN GENERAL
.
Sec. 18-1. Short title.
This chapter shall be known as the "Minimum
Housing Code."
(Code 1966, ~ 16-1)
Sec. 18-2. Compliance required.
Buildings used in whole or in part as a home or
residence of a single family or person and every
building used in whole or in part as a home or
residence of two (2) or more persons or families
living in separate apartments shall conform to
the requirements of this chapter.
(Code 1966, ~ 16-2)
Sec. 18-3. Policy and purpose declared.
e
The board of commissioners declares the pur-
pose of this chapter is to protect, preserve and
promote the physical and mental health of the
people, investigate and control communicable dis-
eases, regulate privately and publicly owned dwell-
ings for the purpose of sanitation and public
health, and protect the safety of the people and
promote the general welfare by legislation which
shall be applicable to all dwellings now in exist-
ence or hereafter constructed and which legisla-
tion:
(1) Establishes minimum standards for basic
equipment and facilities for light, ventila-
tion and heating, for safety from fire for the
use and location and amount of space for
human occupancy, and for safe and sani-
tary maintenance;
(2) Determines the responsibilities of owners,
operators and occupants of dwellings; and
(3) Provides for the administration and enforce-
ment thereof.
(Code 1966, ~ 16-3)
.
Sec. 18-4. Definitions.
e
The following definitions shall apply to the
enforcement of this chapter:
( 1) Basement shall mean a portion of a build-
ing located partly underground, but having
Supp. No. 11
HOUSING
~ 18-4
less than half of its clear floor-to-ceiling
height below the average grade of the ad-
joining ground.
(2) Building official shall be that person ap-
pointed by the city manager, together with
the city health officer and such assistant
officers as the city manager shall desig-
nate.
(3) Cellar shall mean a portion of a building
located partly or wholly underground, and
having half or more than half of its clear
floor-to-ceiling height below the average
grade of the adjoining ground.
(4) Dwelling shall mean any building which is
wholly or partly used or intended to be
used for living or sleeping by human occu-
pants; provided that temporary housing as
hereinafter defined shall not be regarded
as a dwelling.
(5) Dwelling unit shall mean any room or
group of rooms located within a dwelling
and forming a single habitable unit with
facilities which are used, or intended to be
used, for living, sleeping, cooking and eat-
ing.
(6) Garbage shall mean any accumulation of
animal, fruit or vegetable waste matter
that attends the preparation, use, cooking,
delivering, or storage of meats, fish, fowl,
fruits or vegetables.
(7) Habitable dwelling shall mean any struc-
ture or part thereof that shall be used as a
home or place of abode by one or more
persons.
(8) Habitable room shall mean a room de-
signed to be used for living, sleeping, eat-
ing or cooking purposes, excluding bath-
rooms, toilet rooms, closets, halls and storage
places, or other similar places, not used by
persons for extended periods.
(9) Infestation shall mean the presence, within
or around a dwelling, of insects, rodents or
other pests.
(10) Multiple dwelling shall mean any dwelling
containing more than two (2) dwelling units.
1115
~ 18-4
SALINA CODE
(11) Occupant shall mean any person, over one
year age, living, sleeping, cooking, or eat-
ing in, or having actual possession of, a
dwelling unit or rooming unit.
(12) Operator shall mean any person who has
charge, care, or control of a building, or
part thereof, in which dwelling units or
rooming units are let.
(13) Owner shall mean any person who, jointly
or severally along with others, shall be in
actual possession of, or have charge, care
and control of any dwelling unit within the
city as owner, employee, or agent of the
owner, or as trustee or guardian of the
estate or person of the title holder, and
such person shall be deemed and taken to
be the owner or owners of such property
within the true intent and meaning of this
chapter and shall be bound to comply with
the provisions to the same extent as the
record owner and notice to any such person
shall be deemed and taken to be a good and
sufficient notice as if such person or per-
sons were actually' the record owner or
owners of such property.
(14) Plumbing shall mean and include all of the
following supplied facilities and equip-
ment: Gas or fuel pipes, gas or fuel burning
equipment, water pipes, garbage disposal
units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bath-
tubs, shower baths, installed clothes wash-
ing machines, catch basins, drains, vents
and any other similar supplied fixtures,
together with all connections to water, sewer,
gas or fuel lines.
(15) Refuse shall include garbage and trash.
(16) Rooming house shall mean any dwelling, or
that part of any dwelling containing one or
more rooming units, in which space is let
by the owner or operator to three (3) or
more persons who are not husband or wife,
son or daughter, mother or father, or sister
or brother of the owner or operator.
(17) Rooming unit shall mean any room or
group of rooms forming a single habitable
unit used or intended to be used for living
and sleeping; but not for cooking or eating
purposes.
Supp. No. 11
(18) Supplied shall mean paid for, furnished, or
provided by, or under the control of, the
owner or operator.
(19) Temporary housing shall mean any tent,
trailer, or other structure used for human
shelter which is. designed to be transport-
able and which is not attached to the ground,
to another structure, or to any utilities
system on the same premises for more than
thirty (30) consecutive days, or one which
is located in a mobile homes court duly
licensed by the city.
(20) Trash, combustible shall mean waste con-
sisting of papers, cartons, boxes, barrels,
wood and excelsior, tree branches, yard
trimmings, wood furniture, bedding and
leaves.
(21) Trash, noncombustible shall mean waste
consisting of metals, tin cans, glass, crock-
ery, other mineral refuse and ashes and
street rubbish and sweepings.
(22) Meaning of certain words. Whenever the
words "dwelling," "dwelling unit," "rooming-
house," "rooming unit," "premises," are used
in this chapter, they shall be construed as
though they were followed by the words "or
any part thereof."
(Code 1966, ~ 16-4)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 18-5. Reserved.
Editor's note-Ord. No. 95-9717, ~ 2, adopted Jan. 8,
1996, repealed ~ 18-5, pertaining to violations and nuisances
declared as derived from the Code of 1966, ~ 16-5.
Sec. 18-6. Responsibilities of owners, occu-
pants generally.
Every dwelling, including all yards, lawns and
courts shall be kept clean and free from any
accumulation of filth, rubbish, garbage or any
similar matter. It shall be the duty of each occu-
pant of a dwelling unit to keep in clean condition
the portion (of the property which he occupies and
of which he has exclusive control, to comply with
the rules and regulations and to place all garbage
and refuse in proper containers. Ifreceptacles are
not provided by the owner, then the occupant
1116
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shall provide such receptacles as may be neces-
sary to contain all garbage and trash. Every
occupant of a dwelling containing a single dwell-
ing unit shall be responsible for the extermina-
tion of any insects, rodents or other pests therein
or on the premises; and every occupant of a
dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such
extermination whenever his dwelling unit is the
unit primarily infested. Notwithstanding the fore-
going provisions of this section, whenever infes-
tation is caused by failure of the owner to main-
tain a dwelling in a ratproof or reasonably insect-
proof condition, extermination shall be the
responsibility of the owner and operator. When-
ever infestation exists in two (2) or more of the
dwelling units in any dwelling, or in the shared or
public parts of any dwelling containing two (2) or .
more dwelling units, extermination thereof shall
be the responsibility of the owner.
(Code 1966, ~ 16-7)
e
Sec. 18-7. Maintenance and repair.
Every dwelling and every part thereof shall be
maintained in good repair by the owner or agent
and shall be fit for human habitation. The roof
shall be maintained so as not to leak and all
rainwater shall be drained therefrom so as not to
cause dampness in the walls or ceilings. All floors,
stairways, doors, porches, windows, skylights,
chimneys, toilets, sinks, walls and ceilings shall
be kept in good repair and good usable condition.
(Code 1966, ~ 16-8)
Sees. 18-8-18-20. Reserved.
ARTICLE II. ADMINISTRATION AND
ENFORCEMENT.
DIVISION 1. GENERALLY
.
Sec. 18-21. Responsibility for enforcement.
The building official is hereby authorized and
directed to enforce all of the provisions of this
chapter. The city manager may also appoint such
number of inspectors as may be necessary from
e
.Cross reference-Administration, Ch. 2.
Supp. No. 11
HOUSING
~ 18-23
time to time, or he may deputize such employees
as may be necessary, to carry out the functions
required for the enforcement of this chapter.
(Code 1966, ~ 16-19)
Sec. 18-22. Smoke detectors in case of fire.
Should a fire occur in any dwelling or dwelling
unit, and that dwelling or dwelling unit is found
not to be equipped with approved and operable
smoke detectors as required in this chapter, the
owner, the operator, and/or the occupant, if the
occupant is or may be responsible for the viola-
tion, shall be charged with a violation of this
chapter. In addition, the owner, operator, and/or
occupant shall be issued a notice of violation as
provided for in section 18-24 initiating the proce-
dure for correction of the violation.
(Ord. No. 88-9262, ~ 4, 8-1-88)
Sec. 18-23. Inspection authorized.
(a) Generally. For the purpose of determining
compliance with the provisions of this chapter,
the building official, or his authorized represen-
tative, is hereby authorized and directed to make
inspections to determine the condition, use and
occupancy of dwellings, dwelling units, rooming
units, and the premises upon which the same are
located. For the purpose of making such inspec-
tions, the building official or his authorized rep-
resentative, is hereby authorized to enter, exam-
ine and survey all dwellings, dwelling units,
rooming units and premises upon which the same
are located, at all reasonable times.
(b) Notification and right of entry. The owner,
operator and occupant of every dwelling, dwelling
unit, and rooming unit shall give the building
official, or his authorized representative, free
access to such dwelling, dwelling unit, or rooming
unit, and its premises, for the purpose of such
inspection, examination and survey. If entry for
the purpose of such inspection is refused, the
building official, or his authorized representative,
shall have recourse to every remedy provided by
law to secure entry, including, but not limited to,
application for warrant or an order of the munic-
ipal court or the district court authorizing the
inspection.
1116.1
~ 18-23
SALINA CODE
(c) Occupant to giue ownoaccess for repairs or
alterations. Every occupant shall give the owner
thereof, or his agent or employees, access to any
part of such dwelling, or its premises, at all
reasonable times for the purpose of making such
repairs or alterations as are necessary to effect
compliance with the provisions of the chapter, or
with any rule or regulations adopted and promul-
gated, or any order issued pursuant to the provi-
sions of this chapter.
(Code 1966, ~ 16-21; Ord. No. 88-9262, ~ 1,8-1-88)
Sec. 18-24. Notice of violations required.
Except in those instances in which sections
18-22 or 18-26 are applicable, whenever the build-
ing official or his authorized representative deter-
mines that there has been a violation of any
provisions of this chapter or any rule or regula-
tion adopted pursuant hereto, he shall give notice
of such alleged violation to the person or persons
who are or may be responsible therefor, as enu-
merated in section 18-25(4).
(Code 1966, ~ 16-22; Ord. No. 88-9262, ~ 2, 8-1-88)
Sec. 18-25. Contents of notice; service.
This notice of violation shall:
(1) Be in writing;
(2) Particularize the violations alleged to exist
or to have been committed;
(3) Provide a reasonable time, but not less
than ten (10) days in any event, for the
correction of the violations particularized;
(4) Be addressed to and served upon the owner
of the property, the operator of the dwell-
ing, and the occupant of the dwelling unit
or the rooming unit concerned, if the occu-
pant is or may be responsible for violation.
Service shall be by personal service or by
registered or certified mail, return receipt
requested, delivered to addressee only. If
service is made by registered or certified
mail, the building official or his authorized
representative shall include in the record a
verified statement giving details regarding
the mailing. If one or more persons to
whom the notice is addressed cannot be
found or served after diligent effort to do
Supp. No. 11
so, service may be made upon such person
by posting a notice in a conspicuous place
in or about the dwelling affected by the
notice, in which event the building official
or his authorized representative shall in-
clude in the record a statement as to why
such posting was necessary.
(Code 1966, ~ 16-23; Ord. No. 88-9262, ~ 3, 8-1-88)
Sec. 18-25.1. Nuisance declared-Municipal
court prosecution.
Any violation of the provisions of this chapter
shall be deemed a nuisance and detrimental to
the health, safety and welfare of the inhabitants
of this city. As an alterative to any other remedy
under this article, any person or persons who are
or may be responsible for any violation of this
chapter may be prosecuted in municipal court and
punished by:
(1) An order to vacate, repair and/or demolish;
(2) An order authorizing the city to repair
and/or demolish and assessing the costs
thereof;
(3) A fine of not more than five hundred dollars
($500.00);
(4) Imprisonment for a period of not exceeding
six (6) months; or
(5) Any combination of the above.
Each day any violation of this chapter contin-
ues shall constitute a separate offense.
(Ord. No. 95-9717, ~ 1, 1-8-96)
Cross reference-Nuisances generally, Ch. 24.
Sec. 18-26. Designation, condemnation of un-
fit dwellings.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure
for the condemnation and placarding of such unfit
dwellings or dwelling units shall be carried out in
compliance with, the following requirements:
(1) Standards. The building official may deter-
mine that any dwelling unit is unfit for
human use or habitation if he finds that
conditions exist in such structure which
are dangerous or injurious to the health,
safety or morals of the occupants of such
1116.2
e
HOUSING
~ 18-26
.
buildings, or other residents of the city, or
which shilll have a blighting influence on
properties in the area. Such conditions may
include the following without limitations:
Defects therein increasing the hazards of
fire, accident, or other calamities; lack of
adequate ventilation; air pollution; light or
uncleanliness, sanitary facilities; dilapida-
tion; disrepair, structural defects; overcrowd-
ing; inadequate ingress and egress; dead
and dying trees, limbs or other unsightly
natural growth; unsightly appearances that
constitute a blight to the adjoining prop-
erty, the neighborhood or the city; walls,
siding or exteriors of a quality and appear-
ance not commensurate with the character
of the properties in
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Supp. No. 11
1116.3
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the neighborhood; unsightly stored or parked
material, equipment, supplies, machinery,
trucks, or automobiles or parts thereof; ver-
min infestation; inadequate drainage; or any
violation of the health, fire, building or zon-
ing regulations, or other law or regulations
relating to the use of land and the use and
occupancy of the buildings and improvements.
(2) Placarding, order to vacate. Any dwelling or
dwelling unit condemned as unfit for human
habitation and so designated and placarded
by the building official shall be vacated within
thirty (30) days.
(3) Compliance required before reoccupancy. No
dwelling or dwelling unit which has been con-
demned and placarded as unfit for human
habitation shall again be used for human hab-
itation until written approval is secured from
and such placard is removed by, the building
official. The building official shall remove such
placard whenever the defect or defects upon
which the condemnation and placarding ac-
tion were based have been eliminated. It shall
be unlawful for anyone to let, lease, occupy
or permit the occupancy, whether for a con-
sideration or not, of any dwelling so posted
and any violation of this provision shall con-
stitute a misdemeanor within the meaning of
this chapter. It shall be unlawful for any per-
son to deface or remove the placard from any
dwelling or dwelling unit which has been con-
demned as unfit for human habitation and
placarded as such, except the building offi-
cial as herein provided, and any violation of
this provision shall constitute a misdemea-
nor within the meaning of this chapter. (Code
1966, ~ 16-24)
Sec. 18-27. Order to repair, remove or demo-
lish.
At the time of the placarding and order to va-
cate specified by section 18-26(2), the building
official shall determine the cost of repairs, alter-
ations, or improvements and shall notifY the owner
of his determination. The building official shall
also issue and cause to be served upon the owner
in the manner specified for serving notice in sec-
tion 18-25(4) hereof, a further order which:
HOUSING
~ 18-28
(1) If the repair, alteration or improvement of
the structure can be made at a cost which is
less than three hundred (300) percent of the
then current assessed taxable value of the
structure, requires the owner, within the time
specified in the order, to repair, alter, or im-
prove such structure so as to render it fit for
human use or habitation and commanding
the owner to leave such structure vacant until
compliance with such order; or
(2) If the repairs, alterations or improvements of
the structure cannot be made at a cost which
is less than three hundred (300) percent of
the then current assessed taxable value of
the structure, requires the owner within the
time specified in the order to remove or de-
molish such structure. (Code 1966, ~ 16-25)
Sec. 18-28. Procedure for repairs or demo-
lition.
(a) Whenever a petition is filed with the build-
ing official or his designated agent, by at least
five (5) residents of the city charging that any
structure is unfit for human use or habitation, or
whenever it appears to the building official, or
his designated agent, on his own motion, that any
structure is unfit for human use or habitation, he
shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served
upon the owner, every mortgagee of record and
all parties in interest in such structure (including
persons in possession) a complaint stating the
charges in that respect. Such complaint shall con-
tain a notice that a hearing will be held before
the building official or his designated agent at a
place therein fixed not less than ten (10) days nor
more than thirty (30) days after the serving of the
complaint. The owner, mortgagee and parties in
interest shall have the right to file and answer to
the complaint and to appear in person, or other-
wise, and give testimony at the place and time
fixed in the complaint; and that the rules of evi-
dence prevailing in courts of law or equity shall
not be controlling in hearings before the building
official.
(b) If, after such notice and hearing the build-
ing official determines that the structure under
consideration is unfit for human use or habita-
1117
~ 18-28
SALINA CODE
tion he shall state in writing his findings of facts
in support of such determination and shall issue
and cause to be served upon the owner thereof an
order which:
(1) If the repair, alteration or improvements of
the structure can be made at a reasonable
cost in relation to the value of the structure,
which shall not exceed three hundred (300)
percent of the then current assessed taxable
value of the structure, the owner of the prop-
erty shall within the time specified in the
order, repair, alter or improve such structure
to render it fit for human use or habitation or
shall vacate and close the .structure until con-
formance with this chapter is made; or,
(2) If the repair, alteration or improvement of
the structure cannot be made at a reasonable
cost in relation to the value of the structure,
that is to say, less than three hundred (300)
percent of the then current assessed taxable
value of the structure, which is hereby fixed
as a reasonable cost by the board of commis-
sioners, the owner shall within the time spec-
ified in the order remove or demolish such
structure.
(c) If the owner fails to comply with an order to
repair, alter or improve or to vacate and close the
structure within one hundred twenty (120) days
from the date of issuance of such order, the build-
ing official may cause such structure to be re-
paired, altered or improved, or to be vacated and
closed.
(d) If the owner fails to comply with an order to
remove or demolish the structure within one hun-
dred twenty (120) days from the date of issuance
of such order, the building official may cause such
structure to be removed or demolished.
(e) The amount of the cost of such repairs, al-
terations or improvements, or vacating and clos-
ing or removal or demolition by the building offi-
cial shall be a lien against the real property upon
which such cost was incurred and such lien, in-
cluding as part thereof allowance of his costs and
the necessary attorney's fees, may be foreclosed
in judicial proceedings, in the manner provided or
authorized by law for loans secured by liens on
real property or shall be assessed as a special
assessment against the lot or parcel of land on
which the structure was located and the city clerk
shall at the time of certifying other city taxes,
certify the unpaid portion of the aforesaid costs
and the county clerk shall extend the same on the
tax rolls of the county against the lot or parcel of
land. If the structure is removed or demolished by
the building official he shall sell the materials of
such structure and shall credit the proceeds of
such sale against the cost of the removal or demo-
lition and if there be any balance remaining it
shall be paid to the parties entitled thereto as
determined by proper judicial proceedings insti-
tuted by the building official after deducting the
costs of such judicial proceedings including his
necessary attorney's fees incurred therein, as de-
termined by the court. (Code 1966, ~ 16-26)
Sec. IS-2f}. Conditions making structures unfit
for human use or habitation.
The building official may determine that a struc-
ture is unfit for human use or habitation if he
finds that conditions exist in such structure which
are dangerous or injurious to the health, safety or
morals of the occupants of such buildings or other
residents of the city or which have a blighting
influence on properties in the area. Such condi-
tions may include the following without limita-
tions: Defects therein increasing the hazards of
fire, accident or other calamities; lack of adequate
ventilation, air pollution; light or sanitary facili-
ties; dilapidation; disrepair, structural defects, un-
cleanliness; overcrowding; inadequate ingress and
egress; dead and dying trees; limbs or other un-
sightly natural growth; unsightly appearances that
constitute a blight to adjoining property, the neigh-
borhood or the city; walls, siding or exteriors of a
quality and appearance not commensurate with
the character of the properties in the neighbor-
hood; unsightly stored or parked material, equip-
ment, supplies, machinery, trucks or automobiles
or parts thereof; vermin infestation; inadequate
drainage; or any violation of health, fire, building
or zoning regulations, or any other laws or regu-
lations relating to the use of land and the use and
occupancy of buildings and improvements. (Code
1966, ~ 16-27)
1118
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Sec. 18-30. Service of complaint or order.
Complaints or orders issued by the building
official pursuant to this section shall be served
upon persons either personally or by registered or
certified mail, but if the whereabouts of such per-
sons is unknown and the same cannot be ascer-
tained by the building official in the exercise of
reasonable diligence, and the building official shall
make an affidavit to that effect, then the serving
of such complaint or order upon such person may
be made by publishing the same once each week
for two (2) consecutive weeks in the official news-
paper of the city. A copy of such complaint or
order shall be posted in a conspicuous place on
the premises affected by the complaint or order.
A copy of such complaint or order shall also be
filed with the clerk of the district court of the
county and such filing of the complaint or order
shall have the force and effect as other lis pen-
dens notices provided by law. (Code 1966, ~ 16-28)
Sec. 18-31. Emergency abatement.
(a) Whenever, in the judgment of the building
official an emergency exists which requires im-
mediate action to protect the public health, safety
or welfare, an order may be issued, without no-
tice, conference, or hearing, directing the owner,
occupant, operator, or agent to take such action
as is appropriate to correct or abate the emergen-
cy. If circumstances warrant, the building official
may act to correct or abate the emergency.
(b) The owner, occupant, operator or agent shall
be granted a conference on the matter upon his
request, as soon as practicable but such confer-
ence shall in no case stay the abatement or cor-
rection of such emergency. (Code 1966, ~ 16-29)
Sees. 18-32-18-40. Reserved.
DIVISION 2. APPEALS
Sec. 18-41. Building codes advisory and ap-
peals board.
(a) The building codes advisory and appeals board
(referred to in this chapter as "the board") shall
serve to provide for final interpretation of the
provisions of this chapter and to hear appeals
provided for hereunder. The board may adopt rea-
Supp. No.7
HOUSING
~ 18-42
sonable rules and regulations for conducting its
business and shall render all decisions and find-
ings in writing to the appellant with a copy to the
building official. Appeals to the board regarding
matters addressed by this chapter shall be pro-
cessed in accordance with the provisions contained
in section 18-42 et seq. Copies of all rules or regu-
lations adopted by the board shall be delivered to
the building official who shall make them freely
accessible to the public.
(b) The board shall have the power to hear and
decide appeals where it is alleged that there is an
error in any order, requirement, decision or de-
termination made by the building official in the
enforcement of this chapter. The board may also
when it deems the same appropriate, grant vari-
ances, waivers or exceptions to any portion, stan-
dard or requirement of this chapter providing that
such variance, waiver or exception is not contrary
to the purpose of this chapter as stated in section
18-3. (Code 1966, ~ 16-30; Ord. No. 88-9281, ~ 4,
10-17-88)
Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
Sec. 18-42. Procedure.
(a) Right of appeaL Any person, officer of the
city or of any governmental agency or body ag-
grieved by any decision, notice or order of the
officer administering the provisions of this chap-
ter may appeal such decision to the board.
(b) Form of appeaL Any person entitled to ap-
peal the decision, notice or order of the building
official may appeal the same by filing at the office
of the building official within ten (10) days from
the date of the service of such decision, notice or
order upon them, a written appeal containing the
following:
(1) A hearing in the words: "Before the Building
Codes Advisory and Appeals Board of the City
of Salina, Kansas;"
(2) A caption reading "Appeal of
," giving the names of all appel-
lants participating in the appeal;
(3) A brief statement setting forth the legal in-
terest of each of the appellants in the build-
1119
~ 18-42
SALINA CODE
ing or the land involved in the notice and
order;
(4) A brief statement in ordinary and concise
language of that specific order or action pro-
tested, together with any material facts claimed
to support the contentions of the appellant;
(5) A brief statement in ordinary and concise
language of the relief sought and the reasons
why it is claimed the protested order of ac-
tion should be reversed, modified, or other-
wise set aside;
(6) The signature of all parties named as appel-
lants, and their official mailing addresses;
(7) The verification of the appellants as to the
truth of the matters stated in the appeal.
(c) Scheduling and noticing appeal for hearing.
Within ten (10) days after receiving the written
appeal the board shall fix a date, time and place
for the hearing of the appeal by the board. Such
date shall be not less than ten (10) days nor more
than sixty (60) days from the date the appeal was
filed with the building official. Written notice of
the time and place of the hearing shall be given
at least ten (10) days prior to the date of the
hearing to each appellant by the secretary of the
board either by causing a copy of such notice to be
delivered to the appellant personally, or sent by
certified mail, postage prepaid, return receipt re-
quested, at the address shown on the appeal. (Code
1966, ~ 16-31; Ord. No. 88-9281, ~ 5, 10-17-88)
Sec. 18-43. Effect of failure to appeal.
Failure of any person to file an appeal in ac-
cordance with the provisions of section 18-42 shall
constitute a waiver of his right to an administra-
tive hearing and adjudication of the notice and
order, or to any portion thereof. (Code 1966, ~
16-33)
Sec. 18-44. Scope of hearing.
Only those matters or issues specifically raised
by the appellant shall be considered in the hear-
ing of the appeal. (Code 1966, ~ 16-34)
Supp. No.7
Sec. 18-45. Stay order.
Enforcement of any notice and order of the build.
ing official issued under this chapter shall be stayed
during the pendency of an appeal therefrom which
is properly and timely filed. (Code 1966, ~ 16-35)
Sec. 18-46. Procedure for conduct of hearing
appeals.
(a) General:
(1) Record. A record of the entire proceedings
shall be made by tape recording or by any
other means of permanent recording deter-
mined to be appropriate by the board.
(2) Reporting. The proceedings at the hearing
shall be reported by a stenographic reporter
if requested by any party thereto. A transcript
shall be made available to all parties upon
request and upon payment of a fee equal to
the cost involved in making the transcript.
(3) Continuances. The board may grant continu-
ances for good cause shown.
(4) Oaths, certification. In any proceedings under
this chapter, the board has the power to ad-
minister oaths and affirmations and to cer-
tify to official acts.
(5) Reasonable dispatch. The board shall proceed
with reasonable dispatch to conclude any mat-
ter before it. Due regard shall be shown for
the convenience and necessity of any parties
or their representatives.
(b) Form of notice of hearing: The notice to ap-
pellant shall be substantially in the following form,
but may include other information:
You are hereby notified that a hearing will
be held before the Building Codes Advisory and
Appeals Board at the City Commission Room,
City-County Building, 300 West Ash Street,
Salina, Kansas, on the day of
,19_ at o'clock_.M.,
upon the notice and order served upon you. You
may be present at the hearing. You may be, but
need not be, represented by counsel. You may
present any relevant evidence and will be given
1120
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full opportunity to cross-examine all witnesses
testifying against you. You may request the
issuance of subpoenas to compel the attendance
of witnesses and the production of books, doc-
uments, or other things by filing an affidavit
therefor with the board.
(c) Subpoenas:
(1) Filing of affidavit. The board may obtain is-
suance and service of a subpoena for the at-
tendance of witnesses or the production of
other evidence at a hearing upon the request
of a member of the board or upon written
demand of any party. The issuance and ser-
vice of such subpoenas shall be obtained upon
the filing of an affidavit therefor which states
the names and addresses of the proposed wit-
nesses; specifies the exact things sought to be
produced and the materiality thereof in de-
tail to the issues involved; and states that
the witness has the desired things in their
possession or under their control. A subpoena
need not be issued when affidavit is defective
in any particular.
(2) Penalties. Any person who refuses, without
lawful excuse, to attend any hearing, or to
produce material evidence in their possession
or under their control as required by any
subpoena served upon such person as provided
for herein, shall be guilty of a misdemeanor.
(d) Conduct of hearing:
(1) Rules. Hearing need not be conducted accord-
ing to the technical rules relating to evidence
and witnesses.
(2) Oral evidence. Oral evidence shall be taken
only on oath or affirmation.
(3) Hearsay evidence. Hearsay evidence may be
used only if it would be admissible over ob-
jection in civil actions in courts of competent
jurisdiction in this state.
(4) Admissibility of evidence. Any relevant evi-
dence shall be admitted if it is the type of
evidence on which responsible persons are
accustomed to rely in the conduct of serious
affairs, regardless of the existence of any stat-
utory rule or common law which might make
improper the admission of such evidence over
Supp. No.7
HOUSING
~ 18-46
objection in civil actions in courts of compe-
tent jurisdiction in this state.
(5) Exclusion of evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
(6) Rights of parties. Each party shall have these
rights, among others:
a. To call and examine witnesses on any
matter relevant to the issues of the hearing;
b. To introduce documentary and physical
evidence;
c. To cross-examine opposing witnesses on
any matter relevant to the issues of the
hearing;
d. To impeach any witness regardless of which
party first called the witness to testify;
e. To rebut evidence against himlher;
f. To represent himself/herself or to be rep-
resented by counsel.
(7) Official notice.
a. What may be noticed. In reaching a deci-
sion, official notice may be taken, either
before or after submission of the case for
decision of any fact which may be judi-
cially noticed by the courts of this state
or of official records of the board or de-
partments and ordinances of the city or
rules and regulations of the board.
b. Parties to be notified. Parties present at
the hearing shall be informed of the mat-
ters noticed, and these matters shall be
noted in the record referred to therein, or
appended thereto.
c. Opportunity to refute. Parties present at
the hearing shall be given a reasonable
opportunity, on request, to refute the of-
ficially noticed matters by evidence or by
written or oral presentation of authority,
the manner of refutation to be determined
by the board.
d. Inspection of premises. The board may
inspect any building or premises involved
in the appeal during the course of the
hearing, provided that:
1. Notice of such inspection shall be given
to the parties before the inspection
is made;
1121
S18-46
SALINA CODE
2. The parties are given an opportunity
to be present during the inspection;
and
3. The board shall state for the record
upon completion of the inspection the
material facts observed and the con-
clusion drawn therefrom.
Each party then shall have a right to
rebut or explain the matters so stated by
the board, the manner of rebuttal or ex-
planation to be determined by the board.
(e) Method and form of decision:
(1) Hearing before board No member ofthe board
who did not hear the evidence or has not read
the entire record of the proceedings shall note
or take part in the decision upon a contested
case heard by the board.
(2) Form of decision. The decision of the board
shall be in writing and shall contain findings
of facts, a determination of the issues pre-
sented, and the requirements to be complied
with by the parties. A copy of the decision
shall be delivered to appellant personally, or
sent to them by certified mail, postage pre-
paid, return receipt requested.
(3) Effective date of decision. The effective date
of the decision shall be the date stated there-
in. (Code 1966, ~ 16-36; Ord. No. 88-9281, ~ 6,
10-17-88)
Sec. 18-47. Appeals from decision of board.
Any person, officer of the city or of any gov-
ernmental agency or body aggrieved by the deci-
sion of the board may appeal such decision by
filing an action in the district court. Such action
must be filed within thirty (30) days from the
effective date of the decision of the board. (Code
1966, ~ 16-37; Ord. No. 88-9281, ~ 7, 10-17-88)
Sees. 18-48-18-60. Reserved.
ARTICLE III. USE AND
OCCUPANCY REGULATIONS
Sec. 18-61. Scope, applicability.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling or dwell-
Supp. No.7
ing unit, for the purpose of living, sleeping, cook-
ing or eating therein, which does not comply with
the following requirements. The following require-
ments are hereby declared essential to the health
and safety of the occupants of such dwelling or
dwelling unit. (Code 1966, ~ 16-54)
Sec. 18-62. Basement or cellar.
The basement or cellar of any dwelling shall be
reasonably dry and ventilated and shall be kept
free from rubbish accumulation. (Code 1966, ~
16-55)
Sec. 18-63. Heating.
Every dwelling and every dwelling unit shall
be so constructed, insulated and maintained and
be provided by the owner or occupant with heat-
ing units so that it is capable of reaching an air
temperature of seventy (70) degrees Fahrenheit
under ordinary winter conditions. The chimney of
the dwelling or dwelling unitshall be maintained
in good order, and the owner of the approved
heating equipment shall maintain it in good order
and repair. (Code 1966, ~ 16-56)
Sec. 18-64. Natural light and ventilation.
(a) Natural or artificial light and ventilation.
All guest rooms, dormitories and habitable rooms
within a dwelling unit shall be provided with
natural light by means of windows or skylights
with an area of not less than one-tenth of the floor
area of such rooms with a minimum of twelve (12)
square feet.
All bathrooms, water closet compartments, laun-
dry rooms, and similar rooms shall be provided
with natural ventilation by means of windows or
skylights with an area of not less than one-tenth
of the floor area of such rooms with a minimum of
three (3) square feet. Not less than one-half of the
1122
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required window or skylight area shall be open-
able to provide natural ventilation.
(b) Origin of light and ventilation. Required win-
dows shall open directly onto a street or public
alley or court located on the same lot as the build-
ing. Exception: Required windows may open into
a roofed porch where the porch:
(1) Abuts a street, yard, or court; and
(2) Has a ceiling height of not less than seven (7)
feet; and
(3) Has the longer side at least sixty-five (65)
percent open and unobstructed.
A required window in a service room may open
into a vent shaft which is open and unobstructed
to the sky and not less than four (4) feet in least
dimension. No vent shall extend through more
than two (2) stories.
For the purpose of determining light and ventila-
tion requirements, any room may be considered
as a portion of an adjoining room when one-half of
the area of the common wall is open and unob-
structed and provides an opening of not less than
one-tenth of the floor area of the interior room or
twenty-five (25) square feet, whichever is greater.
(c) Mechanical ventilation. In lieu of openable
windows for natural ventilation, a mechanical ven-
tilation system may be provided. Such system
shall be capable of providing two (2) air changes.
per hour in all guest rooms, dormitories, habit- /
able rooms, and in public corridors. One-fifth of
the air supply shall be taken from the outside. In
bathrooms, water closet compartments, laundry
rooms, and similar rooms a mechanical ventila-
tion system connected directly to the outside, ca-
pable of providing five (5) air changes per hour,
shall be provided.
(d) Vent shaft. A required window in a service
room may open into a vent shaft which is open
and unobstructed to the sky and not less than
four (4) feet in least dimension. No vent shaft
shall extend through more than two (2) stories.
(e) Hallways. All public hallways, stairs and
other exitways shall be adequately lighted at all
times in accordance with the Uniform Building
Code.
HOUSING
~ 18-68
(t) Sleeping areas. All rooms or areas used for
sleeping purposes shall be provided with a sec-
ondary means of exit. This may be provided by an
additional door or window leading to the exterior
of the building. (Code 1966, ~ 16-57)
Sec. 18-65. Windows and doors.
Every window and exterior door shall be rea-
sonably weathertight, watertight and rodent-proof
and shall be kept in good working condition and
repair. (Code 1966, ~ 16-58)
Sec. 18-66. Lighting.
(a) Every habitable room shall have a ceiling
electric outlet and a duplex outlet in the wall or
floor, or at least two (2) wall or floor outlets.
(b) Every laundry room, furnace room, hall, porch
and corridor shall have one ceiling or wall type
electric light fixture.
(c) All electrical wiring and fixtures shall be
properly installed, maintained in safe and good
working order, and shall be connected to the source
of electric power in a safe manner. (Code 1966, ~
16-59)
Sec. 18067. Basement and ceDar dwelling units.
No dwelling unit partially below grade shall be
used for living purposes unless:
\ (1) Floors and walls are weathertight;
(2) Total window area, total operable area and
ceiling height are in accordance with this
chapter; and
(3) Required minimum window area of every hab-
itable room is entirely above the grade of the
ground adjoining such window area. (Code
1966, ~ 16-60)
Sec. 18-68. Floor area and ceiling heights.
(a) Ceiling heights. Habitable rooms, storage
rooms and laundry rooms shall have a ceiling
height of not less than seven (7) feet, six (6) inch-
es. Hallways, corridors, bathrooms, toilet rooms
and basement and cellar dwelling units shall have
a ceiling height of not less than seven (7) feet
measured to the lowest projection from the ceiling.
1123
~ 11'-68
SALINA CODE
(b) Superficial floor area. Every dwelling unit
shall have at least one room which shall have not
less than one hundred twenty (120) square feet of
superficial floor area. Every room which is used
for both cooking and living or both living and
sleeping purposes shall have not less than one
hundred fifty (150) square feet of superficial floor
area. Every room used for sleeping purposes shall
have not less than seventy (70) square feet for one
person and ninety (90) square feet for two (2) per-
sons. Where more than two (2) persons occupy a
room used for sleeping purposes the required su-
perficial floor area shall be increased at the rate
of fifty (50) square feet for each occupant in excess
of two (2).
Exception: Nothing in this section shall prohibit
the use of an efficiency living unit meeting the
following requirements:
(1) The unit shall have a living room of not less
than two hundred twenty (220) square feet of
superficial floor area. An additional one hun-
dred (100) square feet of superficial floor area
shall be provided for each occupant of such
unit in excess of two (2).
(2) The unit shall be provided with a separate
closet.
(3) The unit shall be provided with a kitchen
sink, cooking appliance and refrigeration fa-
cilities each having a clear working space of
not less than thirty (30) inches in front. Light
and ventilation conforming to this chapter
shall be provided.
(4) The unit shall be provided with a separate
bathroom containing a water closet, lavato-
ry, and bathtub or shower.
(5) Whenever one of the occupants of a sleeping
room is less than seven (7) years old, the
allowed occupancy may be increased by one,
by special permission of the board.
(c) Width. No habitable room shall be less than
seven (7) feet in any dimension and no water
closet space less than thirty (30) inches in width
and shall provide a clear space in front of the
water closet not less than twenty-four (24) inches.
(Code 1966, t 16-61)
Sec. 18-69. Bathing facilities.
(a) Bathing facilities shall be provided in room-
ing and boardinghouses in the form of a tub or
shower for each eight (8) occupants. Separate facili-
ties, plainly marked, shall be provided for each
sex.
(b) Every dwelling unit shall contain within a
room which affords privacy to a person in the
room, a bathtub or shower in good working condi-
tion and properly connected to an approved water
and sewer system. (Code 1966, ~~ 16-62, 16-66)
Sec. 18-70. Toilet facilities.
(a) A water closet shall be provided for each six
(6) occupants of a rooming or boardinghouse, and
shall be separated with separate access from bath-
ing facilities if more than four (4) occupants are
served by each. Separate facilities shall be pro-
vided for each sex and shall be plainly marked.
(b) There shall be at least one flush water closet
in good working condition for each dwelling unit,
which flush water closet shall be located within
the dwelling unit and in a room which affords
privacy. (Code 1966, ~~ 16-63, 16-67)
Sec. 18-71. Kitchen sink.
In every dwelling unit there shall be at least
one kitchen sink with public water under pres-
sure and connected to the public sewer, or if that
sewer system is not available, to a sewage dis-
posal system approved by the joint city-county
health department. (Code 1966, t 16-64)
Sec. 18-72. Water heating facilities.
Every dwelling shall have water heating facili-
ties which are properly installed and maintained
in a safe and good working condition and are
capable of heating water to such a temperature
as to permit an adequate amount of water to be
drawn at every required kitchen sink, lavatory
basin, bathtub or shower at a temperature of not
less than one hundred twenty (120) degrees Fahr-
enheit. (Code 1966, ~ 16-65)
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Sec. 18-73. Lavatory facilities.
Every dwelling unit shall contain within its
walls a lavatory basin in good working condition
and properly connected to an approved water and
sewer system and located in the same room as the
required flush water closet or as near to the room
as practicable. (Code 1966, ~ 16-68)
Sec. 18-74. Maintenance of plumbing.
All plumbing, water closets and other plumb-
ing fIXtures in every dwelling or dwelling unit
shall be maintained in good working order. (Code
1966, ~ 16-70)
CroP reference-Plumbing code, 18-176 et seq.
Sec. 18-75. Private wastewater disposal
system-Generally.
Where a public sanitary sewer is not available
under the provisions of section 41-114, the build-
ing sewer shall be connected to a private waste-
water disposal system complying with the provi-
sions of this article. (Ord. No. 84-9006, fi 1,3-26-84)
Editor'. note-Ord. No. 84-9006, It 1, 2, adopted March
26, 1984, repealed t 18-75 in its entirety and added new
provilIioDl. Former t 18-75 was concerned with privies and
derived from Code 1966, t 16-71.
Sec. 18-75.1. Same-Permit.
Before commencement of construction of a pri-
vate wastewater disposal system, the owner shall
first obtain a written permit signed by the direc-
tor. The application for such permit shall be made
on a form furnished by the city, which the appli-
cant shall supplement by any plans, specifications,
and other information as are deemed necessary
by the director. A permit and inspection fee of one
dollar ($l.()O) shall be paid to the city at the time
the application is filed A permit for a private
wastewater disposal system shall not become ef-
fective until the installation is completed to the
satisfaction of the director. He shall be allowed to
inspect the work at any stage of construction and,
in any event, the applicant for the permit shall
notify the director when the work is ready for
final inspection, and before any underground por-
tions are covered. The inspection shall be made
within forty-eight (48) hours of the receipt of no-
Supp. No.7
HOUSING
t 18-75.5
tice by the director or his representative. (Ord.
No. 84-9006, A 1, 3-26-84)
Sec. 18-75.2. Same-Compliance.
The type, capacities, location, and layout of a
private wastewater disposal system shall comply
with all.regulations of the Kansas Department of
Health and Environment. When a public water
supply is used, no permit shall be issued for any
private wastewater disposal system employing ~
surface soil absorption facilities where the area of
the lot is less than twenty thousand (20,000) square
feet. In the case of a private water supply, the
minimum lot size will be forty thousand (40,000)
square feet. No septic tank or cesspool system
shall be permitted to discharge to any natural
outlet. (Ord. No. 84-9006, A 1, 3-26-84)
Sec. 18-75.3. Same-Availability of sewer.
At such time as a public sewer system becomes
available to a property served by a private waste-
water disposal system, as provided in section 41-114,
a connection shall be made to the public waste-
water collection system in compliance with this
article. Private wastewater disposal systems taken
out of service shall be rendered safe in a manner
approved by the director. In general, underground
structures shall be drained and filled with gravel,
chat, sand or soil. Above grade structures and
portions of underground structures extending to
or above the ground line shall be razed and the
site cleared of all debris and graded to provide
free drainage. (Ord. No. 84-9006, ~ 1, 3-26-84)
Sec. 18-75.4. Same-Responsibility of owner.
The owner shall operate and maintain the pri-
vate wastewater disposal system in a sanitary
manner at all times, at no expense to the city.
(Ord. No. 84-9006, A 1, 3-26-84)
Sec. 18-75.5. Same-Additional requirements.
No statement contained in this article shall be
construed to interfere with any additional require-,
ments that may be imposed by the health officer
or any provisions of the building code of the city.
(Ord. No. 84-9006, A 1, 3-26-84)
1125
t 18-76
SALINA CODE
Sec. 18-76. lighting of toilets and bathrooms.
Every toilet and every bathroom in every dwell-
ing shall have at least one electric light in either
the ceiling or on the wall. (Code 1966, ~ 16-72)
Sec. 18-77. Garbage and trash receptacles.
Every dwelling and every dwelling unit shall
be provided with such receptacles as may be nec-
essary to contain all garbage and trash and such
receptacles shall at all times be maintained in
good repair, and shall comply with the standards
set forth in chapter 34. (Code 1966, fi 16-73)
Sec. 18-78. Means of access.
There shall be, for each dwelling unit, a sepa-
rate access either to a hallway, stairway, or street,
which is safe and in good repair. (Code 1966, fi
16-74)
Sec. 18-79. Drainage.
All courts, yards or other areas on the premises
of any dwelling shall be so graded and drained
that there is no pooling of the water thereon.
Properly constructed wading and swimming pools
and fish ponds are excepted from this section.
(Code 1966, fi 16-75)
Sec. 18-80. Attached garages and non-
dwelling areas.
All non-clwelling occupants shall be separated
from the dwelling by a solid wall or ceiling with a
fire resistance rating of not less than one hour as
defined in the building code of the city. (Code
1966. ~ 16-76)
Sec. 18-81. Smoke detectors.
(a) Required insWllation. Every dwelling and dwell-
ing unit shall be provided with operable smoke
detectors conforming to Uniform Building Code
Standard No. 43-6. In dwelling units, detectors
shall be mounted on the ceiling or wall at a point
centrally located in the corridor or area giving
access to rooms used for sleeping purposes. In an
efficiency dwelling unit, the detector shall be cen-
trally located on the ceiling of the main room.
Where sleeping rooms are on an upper level, the
Supp. No.7
detector shall be placed at the center of the ceil-
ing directly above the stairway. All detectors shall
be located in accordance with approved manufac-
turer's instructions. When activated, the detector
shall provide an alarm in the dwelling unit.
(b) Power source. In new construction, required
smoke detectors shall receive their primary power
from the building wiring when such wiring is
served from a commercial source. Wiring shall be
permanent and without a disconnecting switch
other than those required for overcurrent protec-
tion. Smoke detectors may be battery operated
when installed in existing buildings, or in build-
ings without commercial power.
(c) Basements. A smoke detector shall be installed
in the basement of dwelling units having a stair-
way which opens from the basement into the dwell-
ing. Such detector shall be connected to a sound-
ing device or other detector to provide an alarm
which will be audible in the sleeping area. (Ord.
No. 88-9262, fi 5, 8-1-88)
[The next pap is 1175]
1126
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Chapter 19
. LIBRARY.
Art. I. In General, 1119-1-19-20
Art. II. Library Board, 1119-21-19-38
ARTICLE I. IN GENERAL
e
Sec. 19-1. Use of library.
The library shall be free to the use of the inhab-
itants of the city, subject always to such reason-
able rules and regulations as the library board
may adopt, and the board may exclude from the
use of the 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 the board may from time to
time by regulations prescribe. (Code 1966, ~ 19-18)
State law reference-Similar provisions, K.S.A. 12-1227.
Sec. 19-2. Stealing, taking books, property.
It shall be unlawful for any person to steal,
take and carry away from the public library any
book, pamphlet, periodical, paper or other prop-
erty or take from the free public library of the
city any such book, pamphlet, periodical, paper or
other property in any manner except in accor-
dance with the rules made by the board of direc-
tors of the library. (Code 1966, ~ 19-31)
Cross reference-Offenses against property, ~ 25-56 et seq.
.
Sec. 19-3. 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 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 librarian to such person's address of a
notice to return the same, in accordance with the
rules of the library board. (Code 1966, ~ 19-32)
-
.Cross referenee-Streets, sidewalks and other public places, Ch. 35.
State law reference-Libraries in general, K.S.A. Ch. 12, Art. 12.
Sec. 19-4. Damaging books or property.
It shall be unlawful for any person to willfully
cut, mutilate, mark, tear, write upon, deface or
otherwise injure or destroy, in whole or in part,
any book, pamphlet, periodical, map, document,
picture or written or engraved or printed paper
belonging to the free public library of the city, or
suffer any such injury to be inflicted while such
property is in his custody, or willfully injure or
deface any of the furniture or property in the
rooms of the library. (Code 1966, ~ 19-33)
Cross referenee-Offenses against property, ~ 25-56 et seq.
Sees. 19-5-19-20. Reserved.
ARTICLE II. LIBRARY BOARD-
Sec. 19-21. Composition.
The library board shall consist of seven (7) ap-
pointed members and the mayor as an ex officio
member. (Code 1966, ~ 19-1)
State law reference-Similar provisions, K.s.A. 12-1222.
Sec. 19-22. Appointment.
The mayor shall, as terms expire or vacancies
occur, appoint, with the approval of the board of
commissioners, members of the library board. (Code
1966, ~ 19-2)
Sec. 19-23. Terms.
Regular terms of members of the library board
shall be for four (4) years, ending April thirtieth.
(Code 1966, ~ 19-3)
State law reference-Similar provisions, K.S.A. 12-1222.
.Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
State law reference-Authority for library board, K.S.A.
12-1222 et seq.
1175
~ 19-24
SALINA CODE
Sec. 19-24. Powers of mayor as ex officio
member of board.
The mayor, as an ex officio member of the li-
brary board, shall have the same powers as ap-
point~d members. (Code 1966, ~ 19-4)
State law reference-Similar provisions, KS.A. 12-1222.
Sec. 19-25. Board members not to hold other
city offices.
No person holding any office in the city shall be
appointed a member of the library board while
holding such office. (Code 1966, ~ 19-5)
State law reference-Similar provisions, KS.A. 12-1222.
Sec. 19-26. Residence.
All members appointed to the library board shall
be residents of the city. (Code 1966, ~ 19-6)
State law reference-Similar provisions, KS.A. 12-1222.
Sec. 19-27. Filling vacancies.
Vacancies on the library board occasioned by
removal from the city, resignation or otherwise,
shall be filled by appointment for the unexpired
term. (Code 1966, ~ 19-7)
State law reference-Similar provisions, K.S.A. 12-1222.
Sec. 19-28. Number of terms on board
limited.
No person who has been appointed for two (2)
consecutive four (4) year terms on the library board
shall be eligible for further appointment to such
board until two (2) years after the expiration of
the second term. (Code 1966, ~ 19-8)
State law reference-Similar provisions, K.S.A. 12-1222.
Sec. 19-29. Compensation.
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 du-
ties as members. (Code 1966, ~ 19-9)
State law reference-Similar provisions, K.S.A. 12.1222.
Sec. 19-30. Corporate status, title, powers.
The library board shall constitute a body corpo-
rate and politic, processing 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.
(Code 1966, ~ 19-10)
State law reference-Similar provisions, KS.A. 12-1223.
Sec. 19-31. Approval of board dealings in real
property required.
The acquisition or disposition of real property
shall be subject to the approval of the board of
commissioners. (Code 1966, ~ 19-11)
State law reference-Similar provisions, KS.A. 12-1223.
Sec. 19-32. Organization, officers.
The members of the library board shall annu-
ally organize by the election of a chairman, a
secretary and a treasurer and such other officers
as they may deem necessary. (Code 1966, ~ 19-12)
State law reference-Similar provisions, K.S.A. 12-1224.
Sec. 19-33. Date, place of regular meetings;
calling special meetings.
The library board shall 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. (Code 1966, ~ 19-13)
State law reference-Similar provisions, KS.A. 12-1224.
Sec. 19-34. Notice of special board meetings.
Written notice, stating the time and place of
any special meeting of the library board and for
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 trans-
acted at such meeting. (Code 1966, ~ 19-14)
State law reference-Similar provisions, K.S.A. 12.1224.
Sec. 19-35. Powers and duties.
The library board shall have the following pow-
ers and duties:
(1) To make and adopt rules and regulations
for the administration of the library;
(2) With the approval of the board of commis-
sioners to purchase or lease a site or sitesr
1176
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and to lease or erect a building or build-
ings for the use of the library;
(3) To acquire by purchase, gift. or exchange,
books, magazines, papers, printed materi-
als, slides, pictures, films, projection equip-
ment, phonograph records and other mate-
rial and equipment deemed necessary by
the board for the maintenance and exten-
sion of modern library service;
(4) To employ a librarian and such other em-
ployees as the board shall deem necessary
and to remove them and to fix their com-
pensation;
(5) To establish and maintain a library or li-
braries and traveling library service within
the city or within any other municipality
with which service contract arrangements
have been made;
(6) To contract with other libraries established
under the provisions of K.R.S. 12-1215 to
12-1235 inclusive, or with the governing
body of a municipality not maintaining a
public library for the furnishing of library
service to the inhabitants of such munici-
pality to the extent and upon such terms as
may be agreed upon, and to contract to
furnish library service to any school library
as to use the library of the public school to
supplement the facilities of the public library;
(7) 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 provid-
ing library service;
(8) To receive and accept any gift or donation
to the library and administer the same in
accordance with any provisions thereof;
(9) To make annual reports to the state librar-
ian and the board of commissioners of the
city on or before January thirty-fll"St of each
year for the preceding calendar year, show-
ing receipts and disbursements from all funds
under its control, and showing such statis-
tical information relating to library mate-
rials acquired and on hand, number of li-
brary users, library services available, and
Supp. No. 1
UBRARY
f 19-38
other information of general interest as the
board of commissioners may require;
(10) As to money received from sources other
than a tax levy for library purposes, in its
discretion, to place such money in a sepa-
rate 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. (Code 1966, ~
19-15)
State law reference-Similar provisions, K.S.A. 12-1225.
Sec. 19-36. Bond of treasurer.
The treasurer of the library board shall give
bond, in an amount fixed by the board and ap-
proved by the board of commissioners, for the
safekeeping and due disbursement of all funds
that may come into his hands as such treasurer.
Such bond shall be filed with the city clerk. (Code
1966, ~ 19-16)
State law reference-Similar provisions, K.S.A. 12-1226.
Sec. 19-37. Duties of treasurer.
The county treasurer shall pay over to the trea-
surer of the library board all funds collected for
the maintenance of the library, and the treasurer
of the library board shall payout such 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 dis-
bursed by him and make a report thereof to the
library board monthly, or as often as the board
shall require. (Code 1966, ~ 19-17)
State law reference-Similar provisions, K.S.A. 12-1226.
Sec. 19-38. Budgets and tax levies.
(a) In addition to the powers and duties con-
ferred by law, the board of directors of the free
public library shall prepare, publish and approve
an annual budget for the maintenance and sup-
port of the 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 two
and five-tenths (2.5) 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. Whenever the board of directors
1177
t 19-38
SALINA CODE
determines that the tax currently being levied by
such board is insufficient to maintain and sup-
port the library and such board desires to increase
the mill levy above the current levy, such board
may adopt a resolution declaring it necessary to
increase such annual levy in an amount which
together with the amount of the current levy shall
not exceed a total of four (4) mills in any year.
(b) Whenever the board of directors of the free
public library determines that the tax levy of four
(4) mills authorized by subsection (a) is insuffi-
cient to maintain and support the library, the
board shall adopt a resolution declaring it neces-
sary to increase the annual levy by an additional
amount not to exceed one-fourth mill in anyone
year up to a total amount which shall not exceed
an amount equal to six (6) mills in any year.
(c) Any such resolution adopted under subsec-
tion (a) or (b) shall state the total amount of the
tax to be levied for library purposes and shall be
published once each week for two (2) consecutive
weeks in the official city newspaper. Whereupon
such annual levy in an amount. not to exceed the
amount stated in the resolution may be made for
the ensuing budget year and each successive bud-
get year unless a petition requesting an election
Supp. No.1
upon the proposition to increase the tax levy in
excess of the current tax levy, signed by electors
equal in number to not less than five (5) per cent
of the electors who voted at the last preceding
regular city election, as shown by the poll books,
is filed with the county election officer within
sixty (60) days following the date of the last pub-
lication of the resolution. In the event a valid
petition is filed, no such increased levy shall be
made without such proposition having been sub-
mitted to and having been approved by a major-
ity of the electors voting at an election called and
held thereon. All such elections shall be called
and held in the manner prescribed for the calling
and holding of elections upon the question of the
issuance of bonds under the general bond law.
Such taxes shall be levied and collected in like
manner as other taxes, which levy the clerk of
such board of directors shall certify, on or before
August twenty-fifth of each year, to the county
clerk who is hereby authorized and required to
place the same on the tax roll of the county to be
collected by the county treasurer and paid over
by the county treasurer to the treasurer of such
board of directors. (Code 1966, ~ 19-19)
Cross reference-Taxation generally, Ch. 1:
State law reference-Similar provisions, K.S.A. 12-1215.n
[The next page is 1229)
1178
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Chapter 20
LICENSES.
.Cross references-Administration, Ch. 2; license for loudspeakers and sound trucks, ~ 3-5; retailer's license for alcoholic
liquor, ~ 5-36 et seq.; distributor's license for alcoholic liquor, ~ 5-51 et seq.; retailer's license for cereal malt beverages, ~ 5-91 et seq.;
license for private clubs, ~ 5-136 et seq.; license for carnivals, circuses and tent shows, ~ 6-31 et seq.; license for public dances, ~
6-56 et seq.; licensing of commercial animal establishments, ~ 7-116 et seq.; license for electrical contractors, ~ 8-111; license for
mechanical contractors, ~ 8-291; license required for sign business, ~ 8-383; license for elevator contractors, ~ 8-436; licensing of
mobile home parks, ~ 22-22; license for mobile home contractors and craftsmen, ~ 22-51; license for bondsmen, ~ 23-20 et seq.;
licensing of peddlers and solicitors, ~ 28-1; license for merchant or private policemen, ~ 30-36 et seq.; license for going-out-of-
business sales, ~ 32-36 et seq.; license for junk and junk dealers. ~ 33-46 et seq.; license for private haulers of solid waste, ~ 34-61
et seq.; licensing of contractors for driveways and sidewalks, ~ 35-157; license for trimmers and traders of trees and shrubs, ~ 39-110
et seq.; business license for taxicabs, ~ 40-11 et seq. drivers license for taxicabs, ~ 40-21 et seq.
State law reference--Limitations and procedures for exercise of constitutional home rule power of taxation, K.S.A. 12-137.
Supp. No. 11
1229
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Sec. 20-1. License and compliance required.
It shall be unlawful for any person, either as
principal, officer, agent or employee:
(1) To conduct, pursue, carry on or operate in
the city, any of the trades, occupations,
businesses or professions specified in this
Code without having first paid to the City
clerk a license fee prescribed in section 2-2,
and having procured a license from the city
clerk, to engage in and carry on such trade,
occupation, business or profession;
(2) To fail to comply with all the regulations as
provided in this chapter.
(Ord. No. 94-9660, ~ 1, 10-24-94)
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Sec. 20-2. Application.
. Any person engaging in any of the trades,
occupations, businesses or professions upon which
license fees are levied shall, except when other-
wise provided, file an application with the city
clerk for a license to carry on such trade, occupa-
tion, business or profession.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-3. Age of licensees.
No license shall be issued to a person under
eighteen (18) years of age, unless otherwise spe-
cifically authorized.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Cross reference-Minors generally, Ch. 21.
.
Sec. 20-4. Fees.
(a) The application for a license shall be accom-
panied by the necessary fee.
(b) License fees levied pursuant to section 2-2
and other provisions of this Code shall, except
when otherwise provided, be received by the city
clerk, who shall issue receipts therefor. All fees,
with copies of the receipts, shall be provided to
the city treasurer by the city clerk for daily
deposit.
(c) All license fees shall be credited to the
general fund, except when another fund is specif-
ically designated by ordinance.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Cross reference-Establishment of license fee, * 2-2.
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Supp. No. 11
LICENSES
~ 20-7
Sec. 20-5. Issuance.
The city clerk shall issue all licenses, except
when otherwise provided. All licenses shall bear
the signature of the city clerk and the city seal.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-6. Contents.
Licenses shall state the name 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 is for a
specific location, the dates of the licensing period,
the amount of the fee paid and any other such
information as deemed appropriate by the city
clerk.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-7. Fees, due date.
(a) Annually. All license fees levied on an an-
nual or yearly basis shall be deemed to expire on
December 31 of each year; except, however, for
club and drinking establishment licenses, which
are issued concurrently with the state license for
a period of one (1) year.
(b) Weekly. All license fees levied on a weekly
basis shall be valid for a consecutive seven-day
period.
(c) Daily. All license fees levied on a daily basis
shall be valid for one (1) calendar day, regardless
of the time of issue.
(d) Any license, subsections (a) through (c) above,
which expires on a weekend or holiday, must be
renewed before the expiration date if the licensee
wishes to engage in or carry on such trade,
occupation, business or profession without inter-
ruption.
(e) If a licensee has continued to operate with-
out renewing the license, neither a new license or
a renewal license shall be issued until the licensee
has paid all applicable license fees for the period
of continued operation. Such license shall be
dated to begin on the day following the expiration
of the previous license.
(Ord. No. 94-9660, * 1, 10724-94)
1231
~ 20-8
Sec. 20-8. Licensing req~m.ents, partial
year..
Any person entering into a trade, occupation,
business or profession for which an annual license
is required and which shall expire on December
31, shall immediately apply, pay for and obtain a
license subject to the following:
(1) IUhe date the application is made is prior
to July 1, the full amount of the license fee
shall be collected.
(2) If the date the application is made [is] July
1 or after, and the amount of the annual
license fee is in excess of sixty dollars
($60.00), then the applicant shall only be
required to pay one-half (112) the fee estab-
lished by this Code. If the fee is sixty
dollars ($60.00) or less, the full fee shall be
charged.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-9. Recovery of fee by suit.
In addition to the criminal penalty, the city may
recover in civil action, in any court of competent
jurisdiction, the amount of the license fee pre-
scribed in section 2-2.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-10. License to be posted, exhibited.
Each license shall be posted in a conspicuous
place where the trade, occupation, business or
profession is carried on and the holder of such
license shall immediately show such license to
any authorized representative of the city when
requested.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-11. Regulated business subject to in-
spection.
All trades, occupations, businesses and profes-
sions licensed shall, if regulated, be open and
subject to inspection at all reasonable times by
authorized representatives of the city to ascertain
that the persons conducting trades, occupations,
businesses or professions are complying with all
applicable regulations of the city or the health
department.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Supp. No. 11
SALINA CODE
Sec. 20-12. Duty to carry, exhibit 1ieease.
Any licensed person, not having a permanent
location, shall carry such license and shall present
the license for inspection when requested to do so.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-13. Transferability.
No license issued hereunder shall be transfer-
able or assignable, unless specifically stated un-
der the Code.
(Ord. No. 94-9660, ~ 1, 10-24-,94)
Sec. 20-14. Refunds prohibited.
No refund for the unused period of a license
shall be made.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-15. Separate license required for
each place of business.
A separate license shall be obtained for each
place conducted, operated, maintained or carried
on by each person engaged in any trade, occupa-
tion, business or profession for which a license is
required.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-16. Other regulations Dot affected.
This chapter shall not be construed so as to
amend, modify or repeal any of the rules and
regulations of the trades, occupations, businesses
or professions otherWise provided for in this Code
or other ordinances of the city and is meant to be
supplementary only.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-17. License not to authorize viola.
tion of law.
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 provision of this Code or
ordinance of the city.
(Ord. No. 94-9660, * 1, 10-24-94)
1232
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Sec. 20-18. Compliance prerequisite to li-
cense.
Provisions of this Code and other ordinances
regulating any trade, occupation, business or pro-
fession required to pay a license fee and secure a
license under this Code shall be observed and
complied with before any license is issued.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Sec. 20-19. Forfeiture.
Where there are regulations by ordinance for
any trade, occupation, business or profession,
pursued, carried on or operated in the city, any
failure by any licensed person to observe such
regulations may result in the suspension or revo-
cation of the license.
(Ord. No. 94-9660, ~ 1, 10-24-94)
Supp. No. 11
LICENSES
~ 20-19
(The next page is 12831
1233
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Art. I.
Art. u.
Chapter 21
MINORS.
In General, ~~ 21.1-21-15
Curfew, ~~ 21-16,21-17
.Cross reference-Streets, sidewalks and other public places, Ch. 35.
Supp. No. 12
1283
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ARTICLE I. IN GENERAL
Sees. 21-1-21-15. Reserved.
ARTICLE II. CURFEW.
Sec. 21-16. Definitions.
When using this chapter, the following words
and phrases shall have the meaning indicated:
(1) Emergency means an unforeseen combi-
nation of circumstances or the resulting
state that calls for immediate action. The
term includes, but is not limited to, a fire,
natural disaster, automobile accident, or
any situation requiring immediate action
to prevent serious bodily injury or loss of
life.
(2) Child or Children means any person!
persons fifteen (15) or less years of age.
(3) Parent, when used in relation to a child,
includes a guardian, conservator, and ev-
ery person who is by law liable to main-
tain, care for, or support the child.
(4) Public place means any place to which the
public or a substantial group of the public
has access and includes, but is not limited
to, streets, school grounds, shopping cen-
ters, parking lots, parks, playgrounds,
transportation facilities, theatres, restau-
rants, shops, bowling alleys, taverns, ca-
fes, arcades, and similar areas that are
open to the use of the public. As a type of
public place, a street is a way or place, of
.Editor's note-Ord. No. 96-9749, Adopted July 15, 1996,
repealed and replaced Art. II, ~~21-16 and 21-17, with new
provisions, set out herein as Art. II, ~~ 21-16-21-20. Former
Art. 11 pertained to similar subject matter as derived from the
Code of 1966, ~~ 23-149 and 23-150.
Cross reference&-Employment of minors by retailers of
alcoholic liquor, ~ 5-20; furnishing cereal malt beverages to
minors, ~ 5-71; misrepresenting age to obtain cereal malt
beverages, ~ 5-72; loitering by minors around cereal malt
beverage premises, ~ 5-73; consumption of alcoholic beverages
by minors at private clubs prohibited, ~ 5-124; age of players
for billiards and pool tables, ~ 6-156; age of licensees, ~ 20-3;
purchase by pawnbrokers and secondhand dealers from chil-
dren, ~ 33-19;. PM'eBtal-RSponsibility for violations of traffic
law by children; ~ 38-8; police to take up bicycles, vehicles used
by children in violation, ~ 38-9.
Supp. No. 12
MINORS
~ 21-18
whatever nature, open to the use of the
public as a matter of right for purposes of
vehicular travel or in the case of a side-
walk thereoffor pedestrian travel. "Street"
includes that legal right-of-way, includ-
ing, but not limited to, improved traffic
lanes, the curb, the sidewalks, whether
paved or unpaved, and any grassy area or
other grounds found within the legal right-
of-way of the street.
(Ord. No. 96-9749, ~ 1, 7-15-96)
Sec. 21-17. Curfew for children.
Pursuant to the city's home rule authority and
in accordance with the policy statement set forth
in Resolution Number 96-5032, any child is pro-
hibited from being in or upon a public place
within the city during the period beginning at
11:00 p.m. and ending at 6:00 a.m.
(Ord. No. 96-9749, ~ 1, 7-15-96)
Sec. 21-18. Exceptions.
The following shall constitute valid exceptions
to the operation of the curfew for children:
(1) When a child is accompanied by a parent
of the child.
(2) When a child is accompanied by an adult
authorized by a parent of the child to take
the parent's place in accompanying the
child for a designated period of time and
purpose within a specified area.
(3) When a child is upon an emergency er-
rand directed by the child's parent.
(4) When a child is on the sidewalk or prop-
erty where the child resides, or on either
side of the street from the place where the
child resides and the adult owner or res-
ident of that property has given permis-
sion for the child to be there.
(5) When a child is going to, engaged in, or
returning from, without stop or detour, a
lawful employment facility.
(6) When a child is going to, attending, or
returning from, without stop or detour, an
official school, religious, or other recre-
1285
~ 21-18
SALINA CODE
ational activity, supervised by adults and
sponsored by the city, a civic, school, or
religious organization or similar entity.
(Ord. No. 96-9749, ~ 1, 7-15-96)
Sec. 21-19. Process.
In accordance with the Kansas Code for Care of
Children (KS.A. 38-1501 et seq., and amend-
ments thereto), a law enforcement officer observ-
ing a child engaged in activity prohibited by this
chapter shall be deemed to have:
(1) Probable cause to believe that the child is
a "child in need of care" as defined by
KS.A. 38,1502(a), and amendments
thereto; and
(2) Reasonable grounds to believe that the
circumstances of the child are such that
continuing in the place in which the child
has been found would be harmful to the
child;
And may, therefore, take the child into custody
pursuant to KS.A. 38-1527, and amendments
thereto; and either:
(1) Deliver the child to the custody of the
child's parent or other guardian; or
(2) Transport the child to a designated loca-
tion for the purpose of undergoing the
juvenile intake and assessment process.
(Ord. No. 96-9749, ~ 1, 7-15-96)
Sec. 21-20. Severability.
If any provision of this chapter, including any
exception, part, phrase, or term, or the applica-
tion thereof to any person or circumstances is
held invalid, the application to other persons or
circumstances shall not be affected thereby and
the validity of this chapter in any and all other
respects shall not be affected.
(Ord. No. 96-9749, ~ 1, 7-15-96)
[The next page is 13331
Supp. No. 12
1286
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Chapter 22
MOBILE HOMES AND TRAILERS.
I. In General, If 22-1-22-15
II. General Regulations Applicable To All Existing and Future
Mobile Homes and Mobile Home Owners, If 22-16-22-35
III. New Parks or Park Expansions, If 22-36-22-50
IV. Mobile Home Contractors and Craftsmen, If 22-51-22-80
Div. 1. Generally, H 22-51-22-70
Div. 2. Permits and Inspections, ~~ 22-71-22-80
Art.
Art.
Art.
Art.
ARTICLE I. IN GENERAL
Sec. 22-1. Definitions.
The following words and phrases, when used in
this chapter, shall have the meanings specifically
ascribed to them:
(1) Easement means a vested or acquired right
to use land, other than as a tenant, for a
specified purpose.
(2) Mobile home means any movable structure
designed for occupancy as a residence, of-
fice, business, etc., which was not or cannot
be determined to have been built in accor-
dance with the building code of the city.
This definition excludes any movable struc-
ture which was designed for recreational
purposes or not designed for permanent at-
tachment to utilities.
(3) Mobile home park or court means an area,
piece, parcel, tract, lot or plot of land which
is licensed by the city, and which is used or
intended for use or occupancy by one or
more mobile homes. This term does not in-
clude sales lots on which unoccupied mo-
bile homes, whether new or used, are lo-
cated for the purposes of storage, inspection
or sale.
(4) Mobile home space (area unit) means a plot
of land within a mobile home park which
can accommodate one mobile home and which
provides the necessary utility services for
water, sewerage and electricity.
(5) Mobile home stand means that part of an
individual area which has been reserved
for the replacement of the mobile home,
appurtenant structures or additions.
(6) Recreational space (open space) means any
area or space designed for joint use of ten-
ants occupying mobile home parks.
(7) Recreational vehicle means a vehicular-type
unit primarily designed as temporary liv-
ing quarters for recreational, camping, or
travel use, which either has its own motive
power or is mounted on or drawn by an-
other vehicle. The basic entities include:
travel trailer, camping trailer, truck camper
and motor home.
(8) Roadway means a private street which af-
fords a principal means of public access to
properties or. structures; same to be identi-
fied on the plan. (Code 1966, ~ 21-1)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1-2.
Sees. 22-2-22-15. Reserved.
.Cross references-Buildings and structural appurtenances, Ch. 8; housing, Ch. 18; planning, Ch. 29; public utilities, Ch. 31;
solid waste, Ch. 34; streets, sidewalks and other public places, Ch. 35; subdivision regulations, Ch. 36; traffic and motor vehicles,
Ch. 38; water and sewers, Ch. 41; zoning regulations, Ch. 42; MH mobile home park district, ~ 42-216 et seq. .
State law reference-Uniform standards code for mobile homes and recreational vehicles, K.S.A. 75.1211 et seq.
1333
~ 2::-16
SALINA CODE
ARTICLE II. GENERAL REGULATIONS
APPLICABLE TO ALL EXISTING AND
FUTURE MOBILE HOMES AND
MOBILE HOME OWNERS
Sec. 22-16. Location.
(a) It shall be unlawful for any person to main-
tain, use, occupy or lease a mobile home within
the city outside of a licensed mobile home park or
outside of an area zoned for that use by the ordi-
nances of the city except as provided below.
(b) It shall be permissible hereunder for a bona
fide guest of the householder to park a recrea.
tional vehicle in the rear yard of a dwelling for a
period not to exceed fifteen (15) days; provided,
that such recreational vehicle may be used only
for sleeping purposes or temporary storage dur-
ing such fifteen (15) day period and it does not
constitute a hazard or a nuisance. (Code 1966, ~
21-12)
Sec. 22-17. Placement.
(a) Except as herein provided any mobile home
used as a residence shall be placed on mobile
home stands and tied down and blocked as desig-
nated by K.S.A. 75-1226 through 75-1232.
(b) Mobile homes in parks existing prior to May
3, 1976 shall not 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 other build-
ing located in the mobile home court.
(c) All mobile homes in new parks or park ex-
pansions shall be located so as to maintain a clear-
ance of not less than twenty (20) feet from an-
other mobile home or appurtenance thereto, ex-
cept when placed end-to-end there shall be a
minimum separation of twelve (12) feet. No mo-
bile home shall be located closer than twenty-five
(25) feet from any building within the park, other
than accessory buildings located on the same space.
(Code 1966, ~ 21-13)
Cross reference-Bulk regulations for mobile homes, ~
42-221.
Sec. 22-18. Alteration of systems.
All alterations of internal mechanical systems
(electric, gas and plumbing) shall comply with the
applicable sections of this Code. (Code 1966, ~
21-14)
Sec. 22-19. Environmental standards.
(a) Drainage. Every park or portion thereof to
be constructed under the provisions of this chap-
ter shall provide for the following in the manner
herein specified:
(1) All land proposed for mobile home parks shall
be protected against flooding.
(2) All such parks shall be drained and shall be
located in areas free from swamps or stand-
ing pools of water.
(3) The ground surface in all parts of every park
shall be graded and equipped to drain all
surface water.
(b) Nuisances. All parks shall be maintained
free of public nuisances. (Code 1966, ~ 21-15)
Sec. 22-20. Storm protection.
Storm shelters. In each new park or in park
expansions of ten (10) units or more, accumulated
from the date of this chapter, properly ventilated
and constructed storm shelters shall be provided
in a central or other convenient location at a rate
of eighteen (18) square feet of shelter space for
each newly constructed mobile home space. Storm
shelters shall be built in accordance with the build-
ing codes of the city. (Code 1966, ~ 21-16)
Sec. 22-21. Responsibilities.
(a) Responsibilities of mobile home park owner.
The mobile home park owner shall be responsible
for the acts of any of his agents, servants, em-
ployees, or representatives. It shall be the respon-
sibility of the mobile home park owner to:
(1) See that each unit is properly located and
secured in conformance with this chapter;
1334
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MOBILE HOMES AND TRAILERS
(2) See that initial connections of each mobile
home to gas, liquefied petroleum, electrici-
ty, water and sewerage systems are per-
formed by a licensed craftsman, Le., elec-
trician, plumber, gas fitter, or mobile home
craftsman, in accordance with this Code;
(3) Provide each mobile home space with a min-
imum of one hundred (100) amperes ser-
vice (two (2) fifty (50) amperes mains within
the park service supply) and outlets to pro-
vide two hundred twenty (220) volts, to all
mobile homes equipped for such service;
(4) Keep a register containing a record of all
mobile homes, owners if not owner occu-
pied, and tenants located within each park.
The register shall contain the name and
address of each known occupant; the ap-
parent make, model, year and manufacturer
of each mobile home; and the dates of ar-
rival and departure of each mobile home.
The person operating each park shall keep
the register available for inspection at all
reasonable hours by law enforcement offi-
cers, assessors and other officials whose du-
ties necessitate acquisition of such infor-
mation. The original records of the register
shall not be destroyed for a period of one
year following the date of registration;
(5) Keep Ii map of the park outlining the ad-
dress, number and location of each mobile
home. A copy of the map shall be furnished
to the emergency preparedness office;
(6) Provide for the storage, collection and dis-
posal of refuse and garbage so as not to
create a health hazard, rodent harborage,
insect breeding area, accident or fire haz-
ard, or unsightly condition.
a. All refuse and garbage shall be stored
in flytight, watertight, rodent-proof con-
tainers. Containers shall be provided
in sufficient number and capacity to
properly store all refuse and garbage.
b. Racks or holders shall be provided for
all refuse and garbage containers. Such
container racks or holders shall be so
designed as to prevent containers from
being tipped, to minimize spillage and
~ 22-22
container deterioration, and to facili-
tate cleaning around them.
c. All refuse and garbage shall be collected
at least once weekly by a licensed pri-
vate refuse hauler.
(7) Obtain the required licenses;
(8) Obtain all building permits for accessory
buildings or structures; and
(9) Insure that all new mobile home installa-
tions and lots upon which they are located
are inspected at time of installation by the
building official.
(b) Responsibility of the mobile home owner. It
shall be the responsibility of the mobile home
owner to:
I (1) Acquire permits before altering and connect-
ing any structural, electrical, gas, mechani-
cal, or sanitary systems within the mobile
home;
(2) Supply power to the mobile home through
the use of a feeder assembly consisting of not
more than three (3) mobile home power-supply
cords, each rated fifty (50) amperes, or a per-
manently installed circuit;
Exception: A mobile home that is factory-
equipped with gas or oil-fired central heating
equipment and cooking appliances shall be
permitted to be provided with a mobile home
power-supply cord rated forty (40) amperes.
(3) The overall length of a power-supply cord,
measured from the end of the cord to the face
of the attachment shall not exceed thirty-six
and one-half (361,2) feet. Cords with adapters
and pigtail ends, splices, extension cords, and
similar items will not be permitted; and
(4) Skirt the mobile home with a solid and wind-
resistant material to be approved by the mo-
bile home park owner. Skirting shall enclose
the total open area under the mobile home.
(Code 1966, ~ 21-17)
Sec. 22-22. Licensing.
(a) License required It shall be unlawful for
any person to maintain or operate within the cor-
1335
~ ~2-22
SALII\A CODE
porate limits of the city, any mobile home park
unless such person shall first obtain a license
therefor as hereinafter provided.
(b) Requirements for issuance. The city clerk
shall issue a license for the operation of a mobile
home court when presented with:
(1) Written application by the owner or lessee of
such mobile home court on forms supplied by
the city clerk;
(2) The receipt of the city treasurer for the proper
fees, as hereinafter provided;
(3) Proof that the proposed park is zoned correct-
ly or is an existing nonconforming use;
(4) Certification by the buiiding official that the
park complies with all applicable sections of
this Code.
(c) License fees. A license fee as prescribed in
section 2-2 shall be paid upon approval of the
application for licensing (relicensing).
(d) Revocation:
(1) If, at any time, it is determined by the city
that the mobile home park does not conform
to the applicable sections of this Code, the
mobile home park owner shall be given sixty
(60) days to bring the park into compliance.
(2) If the owner fails to comply with the applica-
ble sections of this Code, his license shall be
revoked and it shall be unlawful for him to
operate a mobile home park or collect rent
from any tenant of such park after the date
the license was revoked.
(3) Mobile home park residents shall be given
sixty (60) days to relocate their mobile homes
from the unlicensed park.
(4) Additional sixty (60) day extensions may be
granted by the building official in cases of
undue hardship and where a bona fide effort
by such mobile home park licensee to comply
with this Code is made. (Code 1966, ~ 21-18)
Cross reference-Licenses generally, Ch. 20.
Sec. 22-23. Park service distribution systems.
(a) Gas distribution system. The gas distribu-
tion system in the mobile home park shall meet
all the requirements of this Code. When liquefied
petroleum gas is used, the provisions of the "Rules
and Regulations Relating to the Liquefied Petro-
leum Gas Industry of the State of Kansas" as
adopted by this Code shall apply.
(1) Gas service systems shall be inspected by the
building official prior to release of service.
(2) Connection of a gas line to the mobile home
shall be by a flexible connector bearing the
seal of the American Gas Association.
(3) An iron-bodied, brass core cock with provi-
sions for locking in closed position shall be
installed on the riser as close as practicable
to the point of emergence from the ground,
and the riser shall be protected by a solid
post set in the ground adjacent to the riser
pipe.
(4) An automatic shut-offwith plastic nipple shall
be installed directly above the core cock.
(5) Gas meters shall be removed upon discontin-
uance of service by gas service company. Slug-
ging of meters is prohibited.
(b) Park water distribution systems. The water
distribution system in the mobile home park shall
meet all the requirements of this Code and the
state board of health. The size and location of all
water mains shall be approved by the city engineer.
(c) Electrical distribution system. The electrical
distribution system in the mobile home park shall
meet all the requirements of this Code.
(1) Electrical service systems shall be inspected
by the building official prior to release of
service.
(2) A minimum of one hundred (100) amperes
service will be required at each new mobile
home stand (two (2) fifty (50) amperes mains
within the park service panel).
(3) No splices shall be allowed in any mobile
home power supply cord.
(4) Electrical meters shall be removed upon dis-
continuance of service by electrical service
company. Slugging of meters is prohibited.
(d) Sanitary sewer system. Individual sewer con-
nections shall be provided for each mobile home
1336
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MOBILE HOMES AND TRAILERS
~ 22-38
space in the park and shall meet all the require-
ments of this Code and the state board of health.
The size and location of all sewer mains shall be
approved by the city engineer.
(e) Fire protection. Within each mobile home
park there shall be provided a fire protection sys-
tem approved by the fire chief in accordance with
the Mobile Home Park Fire Safety Code of the
National Fire Protection Association (NFPA). (Code
1966, ~ 21-19)
Sees. 22-24-22-35. Reserved.
ARTICLE III. NEW PARKS
OR PARK EXPANSIONS
Sec. 22-36. Development requirements.
(a) Compliance with zoning. Nothing in this chap-
ter shall be construed as authorizing a mobile
home park in any part of the city contrary to the
zoning regulations.
(b) Size, marking, parking, drainage and recrea-
tional areas for mobile home spaces. Each mobile
home space shall contain a minimum area of four
thousand five hundred (4,500) square feet, plus
five hundred (500) square feet for recreational or
open area, clearly defined by appropriate mark-
ers with space provided for off-street parking for
two (2) automobiles and shall be located on a
well-drained site, properly graded to insure rapid
drainage and freedom from stagnant pools of water.
Each space shall be at least forty (40) feet wide
and one hundred (100) feet in depth, except in the
case of corner lots which shall provide a mini-
mum width of forty-five (45) feet. The recreational
or open area may be included in each mobile home
space or may be developed separately. Separate
recreational or open areas shall not be less than
three thousand five hundred (3,500) square feet
and required setbacks, roadways, rights-of-way,
and off-street parking spaces shall not be consid-
ered as recreational or open areas.
(c) Proximity of mobile home to lot line, other
mobile homes, buildings. All mobile homes shall
be located so as to maintain a clearance of not
less than twenty (20) feet from another mobile
home or appurtenances thereto, except when placed
Supp. No.7
end-to-end there shall be minimum separation of
twelve (12) feet. No mobile home shall be located
closer than twenty-five (25) feet from any build-
ing within the park, other than accessory build-
ings located on the same space. (Code 1966, ~
21-30)
Sec. 22-37. Park plan.
Any person hereafter desiring to develop or en-
large a mobile home park shall submit a plan in
conformance with the zoning regulations. (Code
1966, ~ 21-31)
Sec. 22-38. Construction standards.
(a) Public streets. All dedicated public streets
within the environs of the park shall be constructed
in accordance with the city engineering street
development and pavement standards prior to
placement of mobile homes on stands.
(b) Roadways (private streets):
(1) Generally layout:
a. Roadways used as public ways shall be
provided on the site where necessary to
furnish principal trafficways for conven-
ient access to the mobile home stands, or
drives or other facilities in the park.
b. They shall be designed to permit connec-
tion with existing facilities where neces-
sary for the proper functioning of the drain-
age and utility systems.
c. They shall be designed for the convenient
movement of traffic. Dead-end streets shall
be provided with adequate surfaced turn-
ing space, a minimum of sixty (60) feet in
diameter with no parking, and eighty (80)
feet in diameter with parking. The max-
imum length of a dead-end street shall
be six hundred (600) feet.
(2) Intersections generally shall be at right an-
gles and at no point intersect at an angle less
than sixty (60) degrees. Intersections of more
than two (2) streets at one point shall be avoided.
(3) Width of roadways. All improved roadways
will be surfaced a minimum of twenty-four
(24) feet in width without parking and thirty-
two (32) feet in width with parking.
1337
~ 22-38
SALINA CODE
(4) Surfacing. All streets, roadways, and park-
ing lanes within the area of the park included
in the plan are required to be surfaced with
asphalt, concrete, rock, or suitable substitute
prior to placement of mobile homes on abut-
ting stands.
(c) Fire protection. The fire chief shall desig-
nate certain streets or roadways within the park
as fire lanes.
(d) Lighting. All interior streets and walkways
shall be lighted by not less than three-tenths (0.3)
footcandles of artificial light.
(e) Mobile home service lines. Within each mo-
bile home park all utility lines, from the mobile
home to source, including those for electricity and
telephone, shall be underground.
<D Mobile home stand'
(1) Construction:
a. Flexible surface: A minimum of five (5)
inches thick gravel, stone or compacted
surface treated to discourage plant
growth; or
b. Hard surface: A minimum of eighteen
(18) inches wide concrete ribbons or slabs
capable of carrying the weight ofthe mo-
bile home.
(g) Addresses shall be posted. Each approved
mobile home stand will be assigned an address by
the city engineering department if the plan is
approved. The assigned address shall be posted so
as to publicly identify the address of the unit to
which the address is assigned. (Code 1966, ~ 21-32)
Secs. 22-39-22-50. Reserved.
ARTICLE IV. MOBILE HOME
CONTRACTORS AND CRAFTSMEN
DIVISION 1. GENERALLY
Sec. 22-51. License required.
(a) It shall be unlawful for any person to en-
gage in the business of electrical, mechanical or
plumbing contracting in or on mobile homes with-
Supp. No.7
out first having secured a mobile home contractor
license.
(b) It shall further be unlawful for any person
to engage in the trade or otherwise perform the
act of installing, repairing or altering electrical
wiring for light, heat or power, and all other elec-
trical equipment, appliances and devices, air condi-
tioning, heating equipment, or plumbing in or on
a mobile home within the city without first hav-
ing secured a master mobile home craftsman li-
cense and be in the employ of a licensed mobile
home contractor. The following exceptions shall
be allowed:
(1) Persons having a journeyman mobile home
craftsman license as provided for herein, shall
be permitted to work when they are in the
employ of a licensed mobile home contractor,
and he is under the supervision or direction
of a licensed master mobile home craftsman.
(2) A person having an apprentice mobile home
craftsman license, as provided for herein, shall
be permitted to work when accompanied by
and under the supervision or direction of a
master mobile home craftsman.
(c) Nothing in this article shall prohibit an elec-
trician, plumber, or gas fitter from performing
the services for which he is licensed under this
Code in or on a mobile home. (Code 1966, ~ 9-411)
Cross reference-Licenses generally, Ch. 20.
Sec. 22-52. Application for craftsman; exam-
ination; fees generally; expiration
of licenses.
(a) Applications for examination for a master
mobile home craftsman license, a journeyman mo-
bile home craftsman license, or an apprentice mo-
bile home craftsman license shall be made to the
building official. The building official shall exam-
ine the applicant, shall consider applicant's expe-
rience, training and other qualifications, and if
found satisfactory, the building official shall autho-
rize the city clerk to issue the license for which
application was made. The minimum qualifica-
tions shall be the same as are hereinafter set out.
At least one-half of the examination shall be written.
(b) Fees under this section shall be as prescribed
in section 2-2.
1338
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MOBILE HOMES AND TRAILERS
~ 22-56
(c) Licenses shall expire on December thirty-
first of each year. Any licensee who fails to renew
the same by January thirty-first may be required
to take a new examination and pay an examina-
tion fee before receiving a new license. (Code 1966,
~ 9-412; Ord. No. 9281, ~ 8, 10-17-88)
Sec. 22-53. Contractor's application.
Applications for a mobile home contractor's li-
cense shall be made to the city clerk. The build-
ing official shall examine the applications and, if
found satisfactory, shall authorize the city clerk
to issue the license for which the application was
made. (Code 1966, ~ 9-413; Ord. No. 88-92ln, ~ 9,
10-17-88)
Sec. 22-54. Craftsman classes established.
There are hereby established the following classes
of mobile home craftsmen:
(1) Master mobile home craftsman. A master mo-
bile home craftsman shall certify at least five
(5) years of practical experience in the field of
mobile home repair. Such experience shall
include plumbing, gas, electrical, mechanical,
and structural installation, repair or alter-
ation to mobile homes. Graduation from an
approved trade school or a combination of
training and experience may qualify an indi-
vidual to take an examination for a license.
(2) Journeyman mobile home craftsman. A jour-
neyman mobile home craftsman is any per-
son earning a livelihood as a mobile home
craftsman, but who has not acquired the nec-
essary longevity of experience to qualify as a
master mobile home craftsman, but shall cer-
tify at least three (3) years of practical expe-
rience in the field of mobile home repair. Such
experience shall include plumbing, gas, elec-
trical, mechanical and structural installation,
repair or alteration to mobile homes. Gradu-
ation from an approved trade school or a com-
bination of training and experience may qual-
ify an individual to take an examination for
a license.
(3) Apprentice mobile home craftsman. An appren-
tice mobile home craftsman is any person
earning a livelihood as a mobile home crafts-
Supp. No.7
man, but who has not acquired the necessary
longevity or experience to qualify as a jour-
neyman mobile home craftsman. Except by
special written permission and consent issued
by the building official, an apprentice mobile
home craftsman shall not work except under
the immediate supervision and direction and
in the presence of a licensed master mobile
home craftsman, properly licensed by the city.
No person who has had their license revoked
for cause shall be allowed to work as an ap-
prentice mobile home craftsman without the
expressed consent of the building official. A
person shall be qualified to take an examina-
tion for a license if in the employ of a master
mobile home craftsman. (Code 1966, ~ 9-414;
Ord. No. 88-9281, ~ 10, 10-17-88)
Sec. 22-55. Mobile home craftsman board of
examiners created; membership.
(a) There is hereby created a mobile home crafts-
man board of examiners to consist of three (3)
persons, all of whom will be appointed by the
mayor with the approval of the board of commis-
sioners and one of whom will be designated to
pass upon the qualifications, as elsewhere set forth
in this article, of all persons engaged in the re-
pair, installation or alteration of mobile homes or
their components.
(b) The membership of a board shall consist of
the city plumbing and gas inspector, the city elec-
trical inspector, and a licensed master mobile home
craftsman. Members shall be appointed for a term
of one year. (Code 1966, ~ 9-415)
Cross references-Administration, Ch. 2; boards and com.
missions generally, ~ 2-136 et seq.
Sec. 22-56. Board to hold meetings.
It shall be the duty of the members of the mo-
bile home craftsman board of examiners, under
such rules and regulations as they shall prescribe,
to hold meetings as necessary, on days to be an-
nounced by the mobile home craftsman board of
examiners, for the purpose of passing upon the
qualifications of parties desiring licenses to per-
form the duties of mobile home craftsman. (Code
1966, ~ 9-416)
1339
* 22-57
SAUNA CODE
Sec. 22-57. Examinations; scope.
It shall be the duty of the building official to
conduct examinations of applicants for mobile home
craftsman licenses. Examinations shall consist of
questions, problems and demonstrations designed
to show the extent of the applicant's knowledge
concerning the detailed provisions of this article
and the applicable city codes, the practical expe-
rience in this type of work which the applicant
has had and the degree of proficiency the appli-
cant has attained. The examination shall be given
on the basis of the current code at the time which
the examination is given. At least one-half of the
examination shall be written. (Code 1966, ~ 9-417;
Ord. No. 88-9281, ~ 11, 10-17-88)
Sec. 22-58. Issuance of license.
(a) After certification by the building official,
licenses may be issued by the city clerk. Upon
issuance of a license, the holder thereof shall be
authorized to perform repairs to mobile homes
including, without limitation, mechanical and struc-
tural repairs and to make installations, alterations
and repairs to the electrical, plumbing and gas
systems located within the mobile home and to
make the normal exterior connections of existing
mobile home park systems, if the connection may
be made at the mobile home space.
(b) The holder of this license shall not be au-
thorized to install or repair any part of the mobile
home park electrical, plumbing or gas systems.
(Code 1966, ~ 9-418; Ord. No. 88-9281, ~ 12,10-17-88)
Sec. 22-59. Suspension or revocation of license.
Any mobile home craftsman's license may be
suspended for a definite length of time or revoked
outright by the building codes advisory and ap-
peals board for good and sufficient cause. Such
decisions are subject to written appeal to the board
of commissioners and. such appeals shall be filed
in writing with the building codes advisory and
appeals board within ten (10) days after the deci-
sion has been rendered. Any and all such appeals
arising from such rulings of the building codes
advisory and appeals board shall be expedited
and completed not later than thirty (30) days after
an appeal has been filed. (Code 1966, ~ 9-429;
Ord. No. 88-9281, ~ 13, 10-17-88)
Supp. No.7
Sec. 22-60. Insurance required.
It shall be required of the holder of a mobile
home contractor's license, as a condition thereof,
that he procure and maintain in full force for the
duration of the license, public liability insurance,
with limits of not less than the maximum liabil-
ity for claims which could be asserted against the
city, for any number of claims arising out of a
single occurrence or accident under the Kansas
Tort Claims Act, as amended. Proof of coverage
shall be approved by the city attorney. (Code 1966,
~ 9-429)
Sec. 22-61. Bond required.
Before any person shall be granted a mobile
home contractor's license, the mobile home con-
tractor shall execute a good and sufficient surety
bond in the sum offive thousand dollars ($5,000.00)
the same to be approved by the city attorney,
conditioned upon the good and faithful perform-
ance of work done by him, upon any mobile home
in the city, payment of all fees connected there-
with, and to hold the city harmless on account of
any damages arising from faulty work or neglect
of duty in the protection of the public. (Code 1966,
~ 9-430)
Sec. 22-62. Contractor required to employ
master mobile home craftsman.
It shall be required of the holder of a mobile
home contractor's license, as a condition of the
issuance thereof, that he shall employ a licensed
master mobile home craftsman at all times while
such license shall be in effect. (Code 1966, ~ 9-431)
Sec. 22-63. Nonresident mobile home crafts-
man.
A nonresident mobile home craftsman is a per-
son holding a valid license for other than the City
of Salina. Such craftsman shall be honored pro-
vided that the issuing city shall have entered into
an agreement with the City of Salina, granting
reciprocal privileges to the holders of valid Salina
mobile home craftsman licenses, and further pro-
vided that the issuing city shall conduct exami-
nations to determine the qualifications of its li-
censee. Such qualifications shall be parallel with
1340
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MOBILE HOMES AND TRAILERS
~ 22-80
those of the City of Salina. Any decision as to
doubtful qualifications of a licensee shall be de-
termined by the building official. Nothing in this
section shall exempt the nonresident mobile home
craftsman from obtaining the proper licenses or
permits from the City of Salina. (Code 1966, ~
9-424; Ord. No. 88-9281, ~ 14,10-17-88)
Secs. 22-64-22-70. Reserved.
DIVISION 2. PERMITS AND INSPECTIONS
Sec. 22-71. Permit required.
No mobile home contractor or craftsman shall
perform any installation or repair to any mobile
home without first obtaining a permit from the
building official. (Code 1966, ~ 9-420)
Sec. 22-72. When permit not required.
This article shall not be construed to mean that
a permit shall be required before replacing minor
defective devices. The installation on new appli-
ances requires a permit in every case. Any direct
connection to the gas, water, or electrical supply
lines will require a permit in every case. (Code
1966, ~ 9-421)
Sec. 22-73. Record of permits required.
A complete record shall be kept by the building
official of all permits issued. (Code 1966, ~ 9-422)
Sec. . 22-74. Permit fee established.
The permit fee for the moving in and connec-
tion to the gas, water or electrical mains for mo-
bile homes shall be as prescribed in section 2-2.
For permits covered under the electrical or plumb-
ing section of this Code the established fee sched-
ule will apply. (Code 1966, ~ 9-423)
Sec. 22-75. Payment of fee; failure to pay.
All permit fees shall be due and payable to the
city clerk, not later than the tenth of the month
following the month in which the permit was is-
sued. Failure of any mobile home contractor or
craftsman to remit payment of permit fees by the
Supp. No.7
specified date will be a violation of this article,
and shall constitute sufficient grounds for revoca-
tion of the mobile home contractor or craftsman
license. (Code 1966, ~ 9-424)
Sec. 22-76. Building official to inspect.
It shall be the duty of the building official to
inspect, or cause to be inspected, any work for
which permits are required by this article. (Code
1966, ~ 9-425)
Sec. 22-77. Inspection, approval required.
Any work performed under this article will re-
quire inspection and approval by the building of-
ficial. (Code 1966, ~ 9-426)
Sec. 22-78. Concealing work before inspection.
No mobile home craftsman shall conceal, or
cause to be concealed, work performed under this
article prior to inspection and approval. (Code
1966, ~ 9-427)
Sec. 22-79. Certificate of approval required
before setting meters or connec-
tion.
Prior to supplying electrical current, gas, or
water to a newly parked mobile home or a mobile
home which has been temporarily disconnected
therefrom, a certificate of approval must be is-
sued by the building official. (Code 1966, ~ 9-428)
Sec. 22-80. Calls for inspection.
Only mobile home contractors or master mobile
home craftsman shall be allowed to contact the
building official and request inspection and ap-
proval of any work done under this article. (Code
1966, ~ 9-432)
(The next page is 1391]
1341
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Chapter 23
.
MUNICIPAL COURT.
Art. I.
Art. II.
In General, it 28-1-23-15
Bail Bond Agents and Companies. lili 23-16-23-37
Div. 1. Generally, lili 23-16-23-19
Div. 2. Licenses, 1I11 23-20-23-37
e
.
e
.Editor's note-Section 3 of Ord. No. 97-9824, adopted Aug. 25, 1997, repealed lill 23-1, 23-16-23-32, pertaining to similar
subject matter as derived from f 1 of Ord. No. 95-9698, adopted Aug. 7, 1995 and 1I 1 of Ord. No. 96-9732, adopted April 22, 1996.
Section 1 ofOrd. No. 97-9824, added lili 23-1, 23-16-23-37 to read as herein set out.
Case law annotation-Act creating city courts (Laws 1923, Ch. 132., as amended by Laws 1927, Ch. 179) upheld against
several attacks of unconstitutionality. State v. Smith, 130 Kan. 228, 285 P. 542 (1930)
Cross references-Administration, Ch. 2; police, Ch. 30; municipal court costs and fees, App. A, Charter Ord. No. 18.
State law reference-Code of procedure for municipal courts, K.S.A. 12-4101 et seq.
Supp. No. 13
1391
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MUNICIPAL COURT
~ 23-20
ARTICLE I. IN GENERAL
.
Sec. 23-1. Creation.
There is hereby created the municipal court
which is created pursuant to and governed by the
provisions ofKS.A. Chapter 12, Articles 41 through
47, inclusive.
(Ord. No. 97-9824, ~ 1, 8-25-97)
Sees. 23-2-23-15. Reserved.
ARTICLE II. BAIL BOND AGENTS AND
COMPANIES
DIVISION 1. GENERALLY
Sec. 23-16. Definitions.
e
The following word, terms or phrases, as used
in this article, shall have the following meanings:
Bail bond agent. A person who acts in writing
bonds on behalf of a bail bond company.
Bail bond company. Any person or firm, other
than an insurance company, who issues bail bonds
for compensation.
Firm. A firm, partnership, association of per-
sons, corporation, limited liability company, orga-
nization, or any other group acting as a unit.
Insurance agent. Any person licensed by the
Kansas State Insurance Commissioner to write
surety bonds in the State of Kansas and who
represents an authorized insurance company.
Insurance company. A company authorized by
the Kansas State Insurance Commissioner to
write surety bonds.
(Ord. No. 97-9824, ~ 1,8-25-97)
.
Sec. 23-17. Entering, loitering, soliciting
business at the police depart-
ment, Saline County jail, munic-
ipal court or district court.
It shall be unlawful for any licensee:
(1) 1b enter the police department, Saline
County jail, municipal court or for the
purpose of obtaining employment as a
e
Supp. No. 15
bail bond agent without having been called
by a person in custody or some other
person acting on behalf of the person in
custody.
(2) To loiter in the police department, Saline
County jail, municipal court or district
court. Such licensee shall conduct busi-
ness as quickly as possible and leave the
premises immediately upon completion.
(3) To personally or otherwise solicit business
in, at or near the police department, Sa-
line County jail, municipal court or dis-
trict court.
(Ord. No. 97-9824, ~ 1, 8-25-97)
Sec. 23-18. Attorney referral.
It shall be unlawful for any licensee:
(1) To recommend, directly or indirectly, any
lawyer to a client for whom a bond has
been executed.
(2) To refuse to issue a bail bond unless a
particular attorney is retained.
(3) To offer any legal advice to a client, pre-
dict the outcome of a case to a client, or
advise a client to appeal a decision of the
court.
(4) To speak with an attorney on behalf of a
client.
(Ord. No. 97-9824, ~ 1,8-25-97)
Sec. 23-19. Referral of bail bond business
for compensation prohibited.
It shall be unlawful for any licensee to directly
or indirectly give or promise to give any compen-
sation to secure, send or refer bail bond business
to the licensee, unless such person is licensed as
an agent of the licensee.
(Ord. No. 97-9824, ~ 1,8-25-97)
DIVISION 2. LICENSES.
Sec. 23-20. Bail bond company license; re-
quired.
It shall be unlawful for any person or firm,
other than an insurance company authorized to
.Cross reference-Licenses, Ch. 20.
1393
~ 23-20
SALINA CODE
do business by the Kansas State Insurance Com-
missioner, to demand or receive compensation for
providing surety on any bail bond, recognizance
bond, appeal bond or other court bond unless such
person or firm is licensed as a bail bond company
as provided by this article.
(Ord. No. 97-9824, ~ 1,8-25-97)
Sec. 23-21. Same-Application.
Any person or firm desiring to secure a license
for a bail bond company shall file, with the city
clerk, an application provided by the city clerk.
Such application shall contain the following infor-
mation and any other information deemed neces-
sary by the city clerk:
(1) The business name, address, phone num-
ber and type of business entity.
(2) The name, home address, home phone
number and date of birth for each owner.
(3) A statement from each owner listing any
felony convictions or non-traffic misde-
meanor convictions within five (5) years
of the application date.
(4) A statement from each owner listing any
pending non-traffic criminal charges.
(5) A statement from each owner listing any
unsatisfied forfeiture or judgment thereon
entered on any bail bond written by the
owner or the firm in any court.
(6) A ten thousand dollar ($10,000.00) irrevo-
cable letter of credit as provided in sec-
tions 23-22.
(Ord. No. 97-9824, ~ 1, 8-25-97)
Sec. 23-22. Bail bond company license; Irre-
vocable letter of credit.
(a) The applicant shall use as security for
issuing bail bonds a bank issued irrevocable letter
of credit in a form approved by the city clerk, with
the following minimum requirements:
(1) Shall show the City of Salina as benefi-
ciary.
(2) Shall have a minimum value often thou-
sand dollars ($10,000.00).
Supp. No. 15
(3) Shall expire no sooner than March 31
following the licensing period.
(4) Shall contain provisions that the lending
agency must give the city clerk thirty (30)
days notice prior to cancellation.
(5) Shall contain provisions allowing the City
of Salina to collect on any open bonds the
licensee may have should the letter of
credit not be renewed, as outlined in sub-
section (c) below.
(b) If the city must make demand upon the
letter of credit such that the amount secured by
the letter falls below ten thousand dollars
($10,000.00), the licensee shall have to provide to
the city clerk written evidence from the issuing
bank that credit of a minimum value of ten
thousand dollars ($10,000.00) has been restored.
Until such time that the letter of credit is re-
stored, the bail bonding company shall be re-
moved from the bonding list and unable to write
any new bonds.
(c) If the applicant has any open bonds and
fails to renew the letter of credit, whether or not
the applicant is still operating as a bail bonding
company, the city shall, no sooner than one week
prior to the expiration of the letter of credit,
collect on the letter of credit for the amount of the
open bonds and hold the funds as a cash bond.
Any funds not needed to pay forfeitures will be
returned to the bonding company once the bond-
ing company has been released from any liability.
Should a company no longer desire to operate as a
bail bonding company and not wish to revoke any
open bonds or have the city collect on the letter of
credit, a letter of credit may be given for the
amount of the bonds still open. Such reduced
amount letter of credit shall not expire for a
minimum of three (3) months. Should there still
be open bonds upon its expiration, the same
procedures as outlined above will be followed.
(Ord. No. 97-9824, ~ 1,8-25-97; Ord. No. 99-9946,
~ I, 9-20-99)
Sec. 23-23. Bail bond agent license; required.
It shall be unlawful for any person who acts in
writing bonds as an employee or owner of a bail
bond company to do so unless licensed as a bail
bond agent as provided by this article.
(Ord. No. 97-9824, ~ 1,8-25-97)
1394
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MUNICIPAL COURT
~ 23-25
.
Sec. 23-24. Same-Application.
Any person desiring to secure a license as a bail
bond agent shall file, with the city clerk, an
application provided by the city clerk. Such appli-
cation shall contain the following information and
any other information deemed necessary by the
city clerk:
(1) The name, home address and home phone
number of the applicant.
(2) The applicant's date of birth.
(3) A statement listing any felony convictions
or non-traffic misdemeanor convictions of
any crime within five (5) years of the
application date.
(4) A statement listing any pending non-
traffic criminal charges.
(5) Name, address and phone number of the
bail bond company where the agent will
be employed.
(Ord. No. 97-9824, ~ 1,8-25-97)
e
Sec. 23-25. Examination of application; de-
nial or issuance.
(a) If the application for a license is in proper
form and accompanied by the license fee as pre-
scribed in section 2-2, the police chief, city prose-
cutor and the city clerk, or their representatives,
shall review the application.
.
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Supp. No. 15
1394.1
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MUNICIPAL COURT
~ 23-30
.
(b) No license shall be issued to:
(1) A person who, within five (5) years prior
to the date of the application, has been
convicted of a felony.
(2) A person or firm who shall have any
unsatisfied forfeiture or judgment thereon
entered on any bail bond in any court.
(3) A person or firm unless the face value of
its letter of credit payable to the city
equals a minimum of ten thousand dol-
lars ($10,000.00).
(4) A firm, unless all the owners shall be
qualified to obtain a license.
(c) If an applicant has, within five (5) years
prior to the date of the application, been convicted
for a non-traffic misdemeanor, or if an applicant
has criminal charges pending for either a felony
or a non-traffic misdemeanor, the police chief, city
prosecutor, and the city clerk shall determine
whether the public safety and general welfare are
served by the issuance of a license to the appli-
cant. If not, the application shall be denied.
(d) If the application is approved, the city clerk
shall issue a license to the applicant. If the
application for the license is denied, the license
fee shall be returned.
(Ord. No. 97-9824, ~ 1,8-25-97)
e
Sec. 23-26. Fingerprinting.
All applicants for bail bond company or agent
licenses shall be fingerprinted. The cost of the
fingerprinting is the responsibility of the appli-
cant.
(Ord. No. 97-9824, ~ 1, 8-25-97)
Sec. 23-27. Photo-identification badge.
.
Upon the issuance of a bail bond agent license,
the city clerk shall issue a photo-identification
badge to the licensee, which shall be worn by the
licensee in such a way as to be conspicuous at all
times when the licensee is acting as a bail bond
agent. The licensee shall return the badge to the
city clerk upon the expiration or revocation of the
license.
(Ord. No. 97-9824, ~ 1, 8-25-97)
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Supp. No. 13
Sec. 23-28. Notification of certain events.
All licensees under this article shall be re-
quired to immediately report to the city clerk:
(1) Any non-traffic criminal charge filed
against the licensee.
(2) Any non-traffic criminal conviction against
the licensee.
(3) Any unsatisfied forfeiture or judgment
thereon entered on any bail bond in any
court.
The city clerk shall administratively develop a
system whereby the Salina Municipal Court and
the Saline County District Court shall be advised
of any information reported under this section.
(Ord. No. 97-9824, ~ 1, 8-25-97)
Sec. 23-29. Judicial suspension or restric-
tion.
The municipal court judge shall have the au-
thority to suspend or restrict the authority of any
licensee under this article to issue any bond if the
licensee is charged with a felony or non-traffic
misdemeanor, if a judgment on a bond involving
the licensee is unpaid or if any other circumstance
exists which causes the municipal court judge to
determine that such suspension or restriction
best serves the interests of the court.
(Ord. No. 97-9824, ~ 1,8-25-97)
Sec. 23-30. Administrative suspension or re-
vocation.
Any license issued under this article may be
suspended or revoked by the city manager, after
notice and hearing, for any of the following rea-
sons:
(1) If the licensee fraudulently obtained the
license by giving false information in the
application.
(2) If the licensee has been convicted of vio-
lating any of the terms of this article.
(3) If the licensee has become ineligible to
obtain a license under the provisions of
this article.
1395
~ 23-30
SALINA CODE
(4) If the licensee fails to make a timely
report to the city clerk as required by
section 23-28.
(5) If the licensee charges fees in excess of the
maximum fee in the fee schedule provided
by the licensee in section 23-34(b).
(6) If a judgment entered in Salina Municipal
Court on a bond involving a licensee is
unpaid.
(7) If a licensee fails to restore the required
letter of credit as provided in section
23-22.
The city manager may immediately suspend
any license, pending the suspension or revocation
hearing, if the public safety or welfare is best
served by such a temporary suspension.
(Ord. No. 97-9824, ~ I, 8-25-97)
Sec. 23-31. Suspension or revocation by
board of city commissioners.
Any license issued under this article may be
suspended or revoked by the board of city com-
missioners if, after notice and hearing, it is deter-
mined that the licensee has repeatedly failed to
properly serve the public interest in carrying out
the duties of either a bail bond company or bail
bond agent in accordance with this article.
(Ord. No. 97-9824, ~ I, 8-25-97)
Sec. 23-32. Notice, hearing, and decision.
Notice of a hearing for suspension or revocation
of a license issued pursuant to this article shall be
provided in writing and shall set forth specifically
the grounds for the proposed suspension or revo-
cation and the time and place of the hearing.
Notice shall be mailed, postage prepaid, to the
licensee at the address shown on the license
application or at the last known address of the
licensee. Following the hearing, the licensee shall
be notified in writing of the decision, including
the duration of any suspension or any prerequi-
sites to reapplication imposed in conjunction with
any revocation.
(Ord. No. 97-9824, ~ 1, 8-25-97)
Supp. No. 13
Sec. 23-33. Appeals.
(a) Any applicant aggrieved by the decision of
the city clerk to deny a license applied for under
this article shall have the right to appeal the
decision to the city manager within ten (10) days
after the notice of the decision has been mailed to
the applicant.
(b) Any person or firm aggrieved by the action
or decision of the city manager to deny, suspend or
revoke a license under this article shall have the
right to appeal such action or decision to the
board of city commissioners within ten (10) days
after the notice of the action or decision has been
mailed to the person or firm.
(c) An appeal to either the city manager or
board of city commissioners shall be taken by
filing with the city clerk a written statement
setting forth the grounds for the appeal.
(d) A hearing shall be set not later than twenty
(20) working days from the date of receipt of the
appellant's written statement.
(e) Notice of the time and place of the hearing
shall be given to the appellant in the same man-
ner as provided for the mailing of notice of hear-
ing provided in section 23-32 above.
(0 The decision of the board of city commis-
sioners on the appeal shall be final and binding on
all parties concerned.
(Ord. No. 97-9824, ~ 1,8-25-97)
Sec. 23-34. List of licensees and fee sched-
ules; posting.
(a) The city clerk shall maintain a list of per-
sons licensed under the provisions of this article
and their telephone numbers. At any time the list
of persons licensed changes, the city clerk shall
provide the Saline County sheriff with a copy of
the revised list for posting in such manner and in
such locations as the sheriff designates.
(b) Each company shall furnish to the city
clerk a schedule of the minimum and maximum
fees charged by such licensee. This section shall
not be construed as setting the fees of the licens-
ees and such licensees may charge such fees as
1396
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MUNICIPAL COURT
~ 23-37
.
they may desire so long as the fee is within the
limits set forth in the schedule of fees furnished
by the licensee.
(Ord. No. 97-9824, ~ 1, 8-25-97)
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Sec. 23-35. Insurance agent/company; regis-
tration.
(a) Any Kansas licensed insurance agent de-
siring to operate a bail bonding company as a
representative of an underwriting insurance com-
pany must register in the office of the city clerk.
On a form provided by the city clerk, the agent
shall be required to provide the following:
(1) Name, address and phone number of agent.
(2) Name, contact person, address and phone
number of insurance agency.
(3) Copies of power of attorney and sample
bond form.
(4) Proof that the insurance company is au-
thorized by the Kansas Insurance Com-
missioner to do business in the state.
(5) Copy of the agent's current Kansas insur-
ance license.
(6) Name, manager name, address and phone
number of business if different from (a)
above.
(b) A separate registration form for each agent
working under the same company name is re-
quired.
(c) Each insurance agent acting as a bail bond
agent shall be required to obtain and wear a photo
identification badge as outlined in section 23-27.
(d) There shall be no license fee assessed for
registration under this section, except a fee shall
be charged for the identification badge required
by subsection (c) above.
(Ord. No. 97-9824, ~ 1, 8-25-97)
.
Sec. 23-36. Insurance bonds; forfeited.
(a) Any bond provided by an insurance agent
shall be due and payable upon the forfeiture date
set by the municipal judge. If an agent fails to pay
a forfeited bond within the allotted time, the city
clerk shall contact the underwriting insurance
company for payment.
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Supp. No. 13
(b) The city clerk may remove the insurance
agent and/or the business from the list of those
authorized to bond, as provided in section 23-
34(a), if any forfeited bonds are not paid in a
timely manner.
(Ord. No. 97-9824, ~ 1,8-25-97)
Sec. 23-37. Application of general rules re-
garding licenses.
Unless more specifically provided in this arti-
cle, the general rules regarding licenses contained
in Chapter 20 of this Code shall also apply to
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Chapter 24
.
NUISANCES.
e
.
.Editor'. note-Section 2 of Ord. No. 98-9865, adopted April 20, 1998, repealed n 24-1-24-10, pertaining to similar subject
matter as derived from n 15-6, 15-11, 15-24, 15-40, 15-41 of the 1966 Code; the 1983 Code; n 1-5 ofOrd. No. 87-9194, adopted
July 27, 1987; ~ 1 ofOrd. No. 89-9328, adopted July 17,1989; and ~ 1 ofOrd. No. 95-9718, adopted Jan. 8,1996. Section lofOrd.
No. 97-9824, added ~~ 23-1, 23-16--23-37 to read as herein set out.
Cross reference&-Code for abatement of dangerous buildings, ~ 8-331 et seq.; violations of provisions on fences, walls and
declared nuisances, ~ 8-411; fireworks declared as nuisance, ~ 14-58; health and sanitation, Ch. 17; offenses generally, Ch. 25; solid
waste, Ch. 34; snow and ice on sidewalks declared a nuisance, ~ 35-251; inoperable vehicles, ~ 38-81 et seq.; noise from motor
vehicles, ~ 38-151 et seq.; diseased trees and shrubs, ~ 39-70 et seq.; water and sewers, Ch. 41.
State law reference8-Authority for this chapter, Kg.A. 1336; maintaining a public nuisance, Kg.A. 21-4106; permitting a
public nuisance, Kg.A. 21-4107.
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Supp. No. 13
1445
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NUISANCES
~ 24-2
Sec. 24-1. Purpose and findings.
.
(a) The purpose of this chapter is to provide
reasonable controls restricting and prohibiting
the creation and allowing of nuisances to exist on
property within the City of Salina; to declare that
certain conditions constitute public nuisances,
which are unsightly, are a menace and dangerous
to health of the inhabitants of the city and are
offensive to the general public health, safety, and
welfare of the community; to provide a method of
enforcement of this chapter; to provide proce-
dures to notify property owners or those in control
of property that a violation exists and to allow for
self-abatement by such persons; to provide prop-
erty owners or those in control of property notifi-
cation and an opportunity to be heard concerning
violations of this chapter; to provide administra-
tive procedures to allow the city to direct the
abatement of violations; to provide a method of
assessment or collection of costs for abatement by
the city; to declare that the existence of such
violations is unlawful and to provide penalties for
enforcement through the municipal court system.
e
.
(b) The governing body of the City of Salina,
hereby finds that nuisances and unsafe or dan-
gerous structures, as defined herein, on private
property or adjacent rights-of-way or easements
are public nuisances which are unsightly, a men-
ace, dangerous to the health of the inhabitants of
the city and are offensive to the general public
health, safety, and welfare of the community.
Such nuisances promote conditions which cause:
(1) Disease;
(2) Pollution;
(3) Proliferation of rodents, vermin, insects,
and reptiles;
(4) The spread of fire;
(5) A harmful environment for transients and
to the community as a result of transient
use;
(6) Harmful attractions for children;
(7) Adverse impact on the use and enjoyment
of property including the reduction of prop-
erty values and the integrity of the neigh-
borhood;
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Supp. No. 13
(8) Obstructions or interference on any street,
alleyway, sidewalk, stream or drainage;
(9) Interference with the orderly develop-
ment of property in the city.
(Ord. No. 98-9865, ~ 1, 4-20-98)
Sec. 24-2. Definitions.
For purposes of this chapter, the following
definitions shall apply:
Agent shall mean any person or entity listed in
the Saline County, Kansas, Appraiser's Office or
Treasurer's Office for the purpose of paying taxes;
a registered agent with the Kansas Secretary of
State's Office for corporate or partnership owner-
ship; an agent or manager directed by the prop-
erty owner, estate, or court order to represent the
interests of the property or to otherwise control
activities on the property, or a corporate officer.
City shall mean the City of Salina, Kansas.
Graffiti shall mean any drawing, painting,
writing, figure or mark, regardless of its content,
of the type which is commonly known and re-
ferred to as "graffiti" which is written, drawn,
painted, sprayed, scratched or otherwise placed
or affixed, regardless of the nature of the material
used, on any wall, window, rock, building or
portion thereof, fence, gate, sign, other structure,
tree or other real or personal property, either
publicly or privately owned, and that is visible
from any adjacent public or private property or
public or private right-of-way.
Nuisance shall mean any condition which causes
or creates an unreasonable interference with the
rights of the general public and shall include, but
not be limited to:
(1) Graffiti;
(2) Noxious weeds, rank vegetation and weeds
and indigenous grasses that are uncon-
trolled or exceed twelve (12) inches in
height, including any vegetation on the
right-of-way abutting the owner's prop-
erty;
(3) Accumulation of garbage, rubbish, trash,
refuse, junk and other abandoned materi-
1447
~ 24-2
SALINA CODE
als, metals, building materials or other
litter which creates an unsightly appear-
ance;
(4) The exposed carcasses of animals or fowl
not disposed of after death;
(5) Rank ponds or standing water (including
swimming pools, water receptacles, and
undrained areas);
(6) Accumulation of animal waste;
(7) Any building or other structure which is
in such a dilapidated condition that it is
infested with rodents or insects, left un-
secured to allow entry of animals, hu-
mans or the natural elements such as
rain, hail and snow, or otherwise left
unkempt, unsightly, or unsanitary creat-
ing a menace to the health and safety of
the people residing in the vicinity thereof,
or presents a more than ordinarily dan-
gerous fire hazard in the vicinity where it
is located;
(8) Brush, limbs, trees, shrubs, or plants which
are dead, diseased or infested which
present a harmful or dangerous condition
to the public;
(9) Any condition which provides harborage
for rodents, reptiles, insects and other
vermin;
(10) Exposed refrigerators, freezers, or other
appliances left unsecured;
(11) All disagreeable or obnoxious odors and
stenches, as well as the conditions, sub-
stances or other causes which give rise to
the emission or generation of such odors
and stenches (including rank or infested
compost heaps);
(12) The pollution of any well or cistern, stream,
river, lake, or body of water by sewage,
dead animals, industrial wastes or other
substances;
(13) Smoke, gas, soot or cinders, in abnormal
quantities, or any amount of noxious fumes;
(14) Any rank sewage, rank septic system,
rank vault or rank cesspool;
Supp. No. 13
(15) Any building, structure, or other place or
location where any activity which is in
violation of local, state or federal law is
conducted, performed or maintained;
(16) Any other condition which is determined
to present a dangerous or harmful condi-
tion to the public.
Person shall mean any individual, individuals,
partnership, corporation, limited liability com-
pany, unincorporated association, other business
organization, committee, board, trustee, receiver
agent, or any representative who has charge, care
of or responsibility for maintenance of any prop-
erty, lot or parcel of land regardless of status as
owner, tenant or lessee, and regardless of whether
such person has possession.
Property owners shall mean the named prop-
erty owner as indicated by the records of the
register of deeds or appraiser's office in Saline
County, Kansas.
Tenant shall mean any person who has a sev-
erable or nonseverable interest in the property by
either oral or written lease or covenant, or by
other methods of conveying a limited interest in
such lands; or any person who occupies or has
possession of such property.
Unsafe structures shall mean any structure or
part of a structure which remains or is damaged
to present a dangerous or unsafe condition to the
public including, but not limited to, structures
damaged by fire, damaged by natural events or
elements such as wind, tornadoes, earthquakes,
flooding or settling of the ground; damaged by
insect infestation; damaged due to the failure to
provide reasonable maintenance; structures occu-
pied or unoccupied which have broken windows,
missing boards or siding, unsecured doors, or
unsecured openings which allow the harboring of
animals, insects, transients, or create an attrac-
tion to children; structures which, in the opinion
of the building official present an unsafe or dan-
gerous condition to those on or near the property;
unfinished structures where no occupancy permit
has been issued, and any building permit has
lapsed for more than thirty (30) days; after eigh-
teen (18) months from the date of the fIrst build-
1448
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NUISANCES
~ 24-5
.
ing permit and where no inspection for newly
completed work has been requested from the city
within the last forty-five (45) days.
(Ord. No. 98-9865, ~ I, 4-20-98)
Sec. 24-3. Prohibited.
e
It shall be unlawful for any person to cause,
permit, maintain or allow the creation or mainte-
nance of a nuisance. As an alternative to the
remedy of abatement as provided under this chap-
ter, any such person may be prosecuted in munic-
ipal court and be punished by:
(1) An order to abate the nuisance;
(2) An order authorizing the city to abate the
nuisance and assessing the costs thereof;
(3) A fine of not more than five hundred
dollars ($500.00);
(4) Imprisonment for a period of not exceed-
ing six (6) months; or
(5) Any combination of the above.
Each day any violation of this chapter contin-
ues shall constitutes a separate offense.
(Ord. No. 98-9865, ~ I, 4-20-98)
.
Sec. 24-4. Inspection.
The building official or his designee shall have
the authority and it shall be his or her duty to
enter into and examine at any and all times all
buildings, lots and places of all descriptions within
the city for the purpose of ascertaining the condi-
tions thereof so far as the public health and safety
may be affected thereby. If the property owner or
occupant of any building or premises in the city
prevents or attempts to prevent any employee of
the city from entering or examining such building
or premises for the purpose described above dur-
ing reasonable hours the city may then request an
administrative search warrant from the district
court.
(Ord. No. 98-9865, ~ I, 4-20-98)
Sec. 24-5. Notice to abate.
e
Wherever a nuisance is found to exist within
the city, the building official or his designee shall,
on behalf of the city clerk, give written notice to
Supp. No. 13
the property owner, tenant or agent of such prop-
erty upon which such nuisance exists. The notice
to abate a nuisance issued under the provisions of
this chapter shall contain:
(1) An order requiring that the property owner,
tenant or agent of such property remove
and abate from the premises the thing or
things therein described as a nuisance
within a time to be specified in the notice,
not exceeding ten (10) days. Weed and
vegetation notices must provide a mini-
mum offive (5) days for the nuisance to be
abated;
(2) The location of the nuisance, if the same
is stationary;
(3) A description of what constitutes the nui-
sance;
(4) A statement of acts necessary to abate the
nuisance;
(5) That before the expiration of the time
period to abate the nuisance, the recipient
thereof may request a hearing before the
building official as the designated repre-
sentative of the governing body;
(6) A statement that if the nuisance is not
abated as directed and no request for
hearing is made within the prescribed
time, the city will abate the nuisance and
the cost of such abatement shall be as-
sessed and charged against the lot or
parcel of ground on which the nuisance
was located, or shall be collected as a
personal debt of the property owner in the
manner provided by KS.A. 12-1, 115, and
KS.A. 12-1617f and amendments thereto,
or both. In addition to or in lieu of the city
abating the nuisance the city prosecutor
may file charges in municipal court;
(7) A statement that no further notice will be
given in the same calendar year to remove
weeds or vegetation.
It shall be unlawful for the property owner of
any property who has received a compliance order
or upon whom a notice of violation has been
served to sell, transfer, mortgage, lease or other-
wise dispose of to another until the provisions of
1449
~ 24-5
SALINA CODE
the violation notice have been complied with. or
until such property owner shall first furnish the
grantee. transferee. mortgagee or lessee a true
copy of any violation notice issued by the building
official or his designee and shall furnish to the
building official a signed and notarized statement
from the grantee. transferee. mortgagee or lessee.
acknowledging the receipt of such violation notice
and fully accepting the responsibility without
condition for making the corrections or repairs
required by violation notice.
(Ord. No. 98-9865. ~ 1. 4-20-98)
Sec. 24-6. Service of notice.
The notice to abate nuisance shall be served on
the property owner. tenant or agent of such prop-
erty by restricted mail or by personal service. or if
the premises is unoccupied and the property
owner is a nonresident. then by mailing the notice
by restricted mail to the last known address of the
owner of the premises. In cases of weeds or
vegetation where the property owner is unknown
or is a nonresident and there is no resident agent.
a notice shall be published in the official city
paper. Ten (10) days after said publication the city
shall cut or destroy weeds or vegetation on the
property.
(Ord. No. 98-9865. ~ 1.4-20-98)
Sec. 24-7. Hearing.
(a) The building official is hereby designated
as the representative of the governing body for
the purposes of conducting hearings requested by
any recipient of a notice to abate nuisance.
(b) The recipient of a notice to abate a nui-
sance may request a hearing before expiration of
the waiting period by filing a request for such
hearing on a form available in the office of the
building official. The hearing shall be conducted
pursuant to rules adopted by the building official
and made available to the public in the office of
the building official. The party requesting such
hearing shall be given written notice no less than
three (3) days in advance of the scheduled hear-
ing. No action to abate the nuisance shall be
taken by the city pending the outcome of the
hearing. If the building official determines that
the notice to abate nuisance is without sufficient
Supp. No. 13
basis. the notice shall be rescinded. If the notice to
abate is determined to have sufficient basis the
recipient shall be allowed the original waiting
period to voluntarily abate the nuisance commenc-
ing with the date of the building official's deter-
mination. and in default thereof the city may take
any necessary action to abate the nuisance.
(Ord. No. 98-9865. ~ 1. 4-20-98)
Sec. 24-8. Abatement by city.
(a) In addition to the remedy of prosecution
and enforcement as provided in section 1-10, if
the property owner. tenant or agent. fails to
comply with the requirement of the notice for a
period longer than that named in the notice. then
the city may proceed to have the things described
in the notice removed and abated from the lot or
parcel of ground.
(b) The abatement of a nuisance by the city
shall not be a defense or excuse to the owner of a
vehicle or property in violation of this chapter.
(c) The building official or his designee shall
take all necessary measures, as described in the
corrective action section of the violation notice. to
cause the removal and abating of all nuisances
under this chapter and he/she may do or cause to
be done whatsoever in hislher judgement shall be
necessary to carrying out such measures.
(Ord. No. 98-9865. ~ 1.4-20-98)
Sec. 24-9. Assessment of city's costs.
The city shall give notice to the property owner
or agent by restricted mail of the total cost of such
abatement or removal incurred by the city. Such
notice shall state that payment of such costs is
due and payable within thirty (30) days following
receipt of such notice. The city may also recover
investigative cost as well as the cost of providing
notice. including any postage. required by this
section. If the cost of such removal or abatement
and notice is not paid within the thirty-day pe-
riod. the cost shall be assessed and charged against
the lot or parcel of ground on which the nuisance
was located. or shall be collected as a personal
debt of the property owner in the manner pro-
vided by Kansas law.
(Ord. No. 98-9865. ~ 1.4-20-98)
1450
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NUISANCES
~ 24-10
.
Sec. 24-10. Emergency abatement.
Whenever, in the judgement of the building
official, or his designee, an emergency exists which
requires immediate abatement of a nuisance to
protect the public health, safety or welfare, an
order may be issued directing the owner, occu-
pant, operator or agent to take appropriate action
to immediately correct or abate the nuisance
causing the emergency. If the owner, occupant,
operator or agent does not take immediate action
to correct or abate the emergency or is not imme-
diately available, the building official or his des-
ignee may act to correct or abate the emergency
with any costs incurred to be assessed pursuant
to section 24-9.
(Ord. No. 98-9865, ~ 1, 4-20-98)
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[The next page is 1497]
Supp. No. 13
1451
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Chapter 25
OFFENSES, MISCELLANEOUS PROVISIONS.
Art. I. In General, 00 25-1-25-40
Art. II. Anticipatory Offenses, Of 25-41-25.50
Art. m. Offenses Against Persons, U 25-51-25-70
Art. IV. Sex Offenses, Of 25-71-25-80
Art. V. Offenses Affecting Children, Of 25.81-25-90
Art. VI. Offenses Against Property, Of 25-91-25-110
Art. VII. Offenses Affecting Governmental Functions, At 25-111-25-130
Art. vm. Offenses AgaiJUlt Public Peace, 00 25.131-25-150
Art. IX. Offenses Against Public Safety, ff 25-151-25-170
Art. X. Offenses Against Public Morals, ff 25.171-25-180
Art. XI. Violations, Penalties, U 25.181-25-190
Art. XII. Miscellaneous Provisions, Of 25.191-25.200
*Editor's note-Ord. No. 91.9475, ~~ 1, 2, adopted Nov. 18, 1991, repealed Ch. 25, ~f 25.1-25-7, 25-21-25.28, 25-41-25-43,
25-56-25-66,25-81-25.86,25-101,25.116_25_121, 25.136, 25-146-25-152, 25-176-25-185, 25-200-25-203, and added a new Ch.
13 to read as herein set out. Former Ch. 13 pertained to similar subject matter and derived from the Code of 1966, ff 23.1-23-4,
23-15,23-16,23-19-23-24,23-27-23_29,23_31, 23-32, 23-43-23-54, 23-57, 23-59, 23-69-23-80, 23-82, 23-88, 23-89, 23-93-23-96,
23-107,23.109-23-111, 23-113, 23.114, 23.124-23-128, 23.134, 23-135, 23-146-23-147.1, 23-151, 23-151.1, 23-154-23-156; Ord.
No. 86-9162, ~ 1, adopted Oct. 20, 1986; Ord. No. 88-9273, ~f 2-5, adopted Aug. 15, 1988; Ord. No. 89-9326, ff 1,2, adopted July
10, 1989. Ord. No. 90-9403, f I, adopted Aug. 20, 1990; and Ord. No. 91-9446, ff I, 2, adopted June 17, 1991.
In order to keep related material together, the editor has combined the sections pertaining to definitions to read as herein set
out, thus reserving any unused sections originally provided for in Ord. No. 91-9475.
Cross references-Nuisances generally, Ch. 24; police, Ch. 30.
Supp. No.9
1497
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OFFENSES, MISCELLANEOUS PROVISIONS
US-I
ARTICLE I. IN GENERAL
.
Sec. 25.1. Definitions.
The following definitions shall apply when the
words and phrases defined are used in this chapter
except when a particular context clearly requires
a different meaning:
Act. A failure or omission to take action.
Air gun or air rifle. Any device whether or not
in the shape and form commonly associated with
the terms pistol, sidearm, small arm, rifle,
shotgun, or any other type of gun designed to forc-
ibly expel from an opening therein any pellet or
BB shot, and whether operating from and upon
compressed air or mechanical or elastic spring.
work or otherwise.
e
Alcoholic beverage or alcoholic liquor. Alcohol,
spirits, wine, beer and every liquid or solid, pat-
ented 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 ce-
real malt beverage.
Another. A person or persons as defined in this
Code other than the person whose act is claimed
to be an offense.
.
Cereal malt beverage. Any fennented but undis-
tilled liquor brewed or made from malt or from a
mixture of malt or malt substitute, but does not
include any such liquor which contains more than
3.2 percent alcohol by weight.
City or this city. All land and water either within
or outside the boundary of the city over which the
city has either exclusive or concurrent jurisdic-
tion, and the air space above such land and water.
Conduct. An act or series of acts, and the ac-
companying mental state.
Conviction. A judgment of guilt entered upon a
plea or finding of guilt.
Correctional officer or employee. Any officer or
employee of the Kansas Department of Correc-
tions or any independent contractor, or any em-
ployee of such contractor, working at a correc-
tional institution.
-
Supp. No. 10
Deception. Knowingly and willfully making a
false statement or representation, express or im-
plied, pertaining to a present or past existing fact.
To deprive permanently:
(1) Take from the owner the possession or use
or benefit of the owner's property, without
intent to restore the same; or
(2) Retain property without intent to restore
the same or with intent to restore to the
owner only if the owner purchases or leases
it back, or pays a reward or compensation
for its return; or
(3) Sell, give, pledge or otherwise dispose of
any interest in property or subject it to the
claim of a person other than the owner.
Dwelling. A building or portion thereof, a tent,
a vehicle, or other enclosed space which is used or
. intended for use as a human habitation, home or
residence.
Firearm. Any pistol, revolver, ritle, shotgun or
other weapon which will or is designed to or may
readily be converted to expel a projectile by the
action of an explosion, expanding gases or other
combustion.
Handgun. A pistol, revolver, or other firearm of
any description, loaded or unloaded, from which
any shot, bullet, or other missile can be discharged,
the length of the barrel of which, not including
any revolving, detachable, or magazine breech,
does not exceed twelve (12) inches.
Intent to defraud. An intention to deceive an-
other person and to induce such other person, in
reliance upon such deception, to assume, create,
transfer, alter or terminate a right, obligation or
power with reference to property.
Law enforcement officer. Any person who by
virtue of his or her office or public employment is
vested by law with a duty to maintain public order
or to make arrests for offenses, whether that duty
extends to all offenses or is limited to specific of.
fenses.
Minor. Any person under the age of eighteen
(18) [Years].
1499
~ 25-1
SALINA CODE
Obtain. To bring about a transfer of interest in
or possession of property, whether to the offender
or to another.
Obtains or exerts control over property. Includes
but is not limited to, the taking, carrying away, or
the sale, conveyance, or transfer of title to, in-
terest in, or possession of property.
Owner. A person who has any interest in prop-
erty.
Person. An individual, public or private corpo-
ration, government, partnership or unincorporated
association.
Personal property. Goods, chattels, effects, evi-
dences of rights in action and all written instru-
ments by which any pecuniary obligation, 'or any
right or title to property, real or personal, shall be
created, acknowledged, assigned, transferred, in-
creased, defeated, discharged or dismissed.
Property. Anything of value, tangible or intan-
gible, real or personal.
Prosecution. All legal proceedings by which a
person's liability for an offense is determined.
Public employee. A person employed by or acting
for the city and who is not a public officer.
Public offense or offense. An act or omission de-
fined by this Code which, upon conviction, is pun-
ishable by fine, confinement or both fine and con-
finement.
Public officer. Includes the following whether
elected or appointed:
(1) An executive or administrative officer of
the city;
(2) A member of the governing body of the city;
(3) A judicial officer, which shall include a
judge, municipal judge, magistrate, juror,
master or any other person appointed by a
judge or court to hear or determine a cause
or controversy and who is not a judicial of-
ficer;
(4) A hearing officer shall include any person
authorized by law or private agreement to
hear or determine a cause or controversy
and who is not a judicial officer;
Supp. No. 10
(5) A law enforcement officer or public safety
officer;
(6) Any other person exercising the functions
of a public officer under color of right.
Real property or real estate. Every estate, in-
terest and right in lands, tenements and heredit-
aments.
Solicit or solicitation. To command, authorize,
urge, incite, request or advise another to commit
an offense.
Stolen property. Property over which control has
been obtained by theft.
Threat. A communicated intent to inflict phys-
ical or other harm on any person or on property.
Vessel. Any watercraft designed to be propelled
by machinery, oars, paddles or wind action upon a
sail for navigation on the water.
Written instrument. Any paper, document, or
other instrument containing written or printed
matter or the equivalent thereof, used for the pur-
pose of reciting, embodying, conveying or recording
information, and any money, tokens, stamps, seal,
badge, trademark, or other evidence or symbol of
value, right, privilege or identification, which is
being capable of being used to the advantage or
disadvantage of some person.
(Ord. No. 91-94 75, ~ 1, 11-18-91; Ord. No. 93-9600,
~ 1, 10-11-93)
Sec. 25-2. Offenses and construction of
terms.
The provisions of the laws of the state relating
to misdemeanors in reference to offenses and con-
struction of terms insofar as the same relate to
and are applicable shall apply to this chapter.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25.3. Liability for offenses of another.
(a) A person is criminally responsible for an of-
fense committed by another if such person inten-
tionally aids, abets, advises, hires, counsels or pro-
cures the other to commit the offense;
(b) A person liable under subsection (a) hereof
is also liable for any other offense committed in
pursuance of the intended offense if reasonably
1500
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OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-50
.
foreseeable by such person as a probable conse-
quence of committing or attempting to commit the
offense intended;
(c) A person liable under this section may be
charged with and convicted of the offense al-
though the person alleged to have directly com-
mitted the act constituting the offense lacked
criminal or legal capacity to commit the offense or
has not been convicted or has been acquitted or
has been convicted of some other degree of the
offense or of some other offense based on the same
act.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-4. Corporations, criminal responsi-
bility; individual.
e
(a) Corporations; criminal responsibility:
(1) A corporation is criminally responsible for
acts committed by its agents when acting
within the scope of their authority.
(2) Agent means any director, officer, ser-
vant, employee or other person who is
authorized to act in behalf of the corpora-
tion.
.
(b) Individual liability for corporate offenses:
(1) An individual who commits public of-
fenses, or causes public offenses to be
performed, in the name of or on behalf of
a corporation is legally responsible to the
same extent as if such acts were in his or
her own name or on his or her own behalf;
(2) An individual who has been convicted of
an offense based on conduct performed by
the individual for and on behalf of a
corporation is subject to punishment as
an individual upon conviction of such of-
fense, although a lesser or different pun-
ishment is authorized for the corporation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
e
Secs. 25-5-25-40. Reserved.
Supp. No. 13
ARTICLE II. ANTICIPATORY OFFENSES
Sec. 25-41. Attempt.
(a) An attempt to commit any public offense is:
(1) Any overt act toward the perpetration of
an offense done by a person who intends
to commit such offense but fails in the
perpetration thereof or is prevented or
intercepted in executing such offense.
(2) It shall not be a defense to a charge of
attempt that the circumstances under
which the act was performed or the means
employed or the act itself were such that
the commission of the offense was not
possible.
(b) An attempt to commit a Class A violation is
a Class B violation.
(c) An attempt to commit a Class B or C
violation is a Class C violation.
(Ord. No. 91-9475, ~ I, 11-18-91)
Sec. 25-42. Conspiracy.
(a) A conspiracy to commit a public offense is:
(1) An agreement with another person to
commit an offense made unlawful by this
Code, or to assist to commit an offense
made unlawful by this Code. No person
may be convicted of a conspiracy unless
an overt act in the furtherance of such
conspiracy is alleged and proved to have
been committed by him or her or by a
co-conspirator.
(2) It shall be a defense to a charge of con-
spiracy that the accused voluntarily and
in good faith withdrew from the conspir-
acy, and communicated the fact of such
withdrawal to one (1) or more of his or her
co-conspirators, before any overt act in
furtherance of the conspiracy has been
committed by the accused or by a co-
conspirator.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Secs. 25-43-25-50. Reserved.
1501
~ 25-51
SALINA CODE
ARTICLE In. OFFENSES AGAINST
PERSONS
Sec. 25-51. Battery.
(a) Battery is:
(1) Intentionally or recklessly causing bodily
harm to another person; or
(2) Intentionally causing physical contact with
another person when done in a rude,
insulting or angry manner.
(b) Except as provided in subsection (c), bat-
tery is a Class B violation.
(c) (1) Upon a first conviction of a violation of
this section under circumstances which
constitute a domestic battery, a person
shall be guilty of a Class B violation and
sentenced to not less than forty-eight (48)
consecutive hours nor more than six (6)
months' imprisonment and fined not less
than two hundred dollars ($200.00), nor
more than five hundred dollars ($500.00)
or in the court's discretion the court may
enter an order which requires the person
enroll in and successfully complete a do-
mestic violence prevention program.
(2) If, within five (5) years immediately pre-
ceding commission of crime, a person is
convicted of a violation of this section a
second time under circumstances which
constitute a domestic battery, having at
least one (1) time before within such pe-
riod been convicted for such crime or a
violation of a comparable crime under the
laws of any municipality, state, federal
government or foreign government, such
person shall be guilty of a Class A viola-
tion and sentenced to not less than five (5)
days nor more than one (1) year's impris-
onment and fined not less than five hun-
dred dollars ($500.00) nor more than one
thousand dollars ($1,000.00). The five (5)
days' imprisonment mandated by this sub-
section may be served in a work release
program only after such person has served
forty-eight (48) consecutive hours' impris-
onment, provided such work release pro-
gram requires such person to return to
Supp. No. 13
confinement at the end of each day in the
work release program. The person con-
victed must serve at least five (5) consec-
utive days' imprisonment before the per-
son is granted probation, suspension or
reduction of sentence or parole or is oth-
erwise released. As a condition of any
grant or probation, suspension of sen-
tence or parole or of any other release, the
person shall be required to enter into and
complete a treatment program for domes-
tic violence prevention.
(3) As used in this section:
a. Domestic battery means a battery
against a family or household mem-
ber by a family or household mem-
ber; and
b. Family or household member means
persons eighteen (18) years of age or
older who are spouses, former
spouses, parents or stepparents and
children or stepchildren, and per-
sons who are presently residing to-
gether or who have resided together
in the past, and persons who have a
child in common regardless of
whether they have been married or
who have lived together at any time.
Family or household member also
includes a man and woman if the
woman is pregnant and the man is
alleged to be the father, regardless of
whether they have been married or
have lived together at any time; and
c. For the purpose of determining
whether a conviction is a first or
second in sentencing under this sec-
tion:
1. Conviction includes being con-
victed of a violation of this sec-
tion or entering into a diversion
or deferred judgment agree-
ment in lieu of further criminal
proceedings on a complaint al-
leging a violation of this sec-
tion;
2. Conviction includes being con-
victed of a violation of a law of
1502
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OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-55
.
another state, or an ordinance
of any city, or resolution of any
county, which prohibits the acts
that this section prohibits or
entering into a diversion or de-
ferred judgment agreement in
lieu offurtber criminal proceed-
ings in a case alleging a viola-
tion of such law, ordinance or
resolution;
3. Only convictions occurring in
the immediately preceding five
(5) years including prior to the
effective date of this act shall
be taken into account, but the
court may consider other prior
convictions in determining the
sentence to be imposed within
the limits provided for a first or \
second offender, whichever is
applicable; and
4. It is irrelevant whether an of-
fense occurred before or after
conviction for a previous of-
fense.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9759, ~ 1, 9-9-96; Ord. No. 99-9911, ~ 1, 2, 2-8-99)
e
Sec. 25-52. Battery against law enforcement
officer.
Battery against a law enforcement officer is a
battery, as defined in section 25-51 of this article,
committed against a uniformed or properly iden-
tified state, county or city law enforcement officer
other than a correctional officer or employee,
while such officer is engaged in the performance
of his or her duty.
Battery against a law enforcement officer is a
Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9759, ~ 1, 9-9-96)
.
Sec. 25-53. Vehicular battery.
'e
(a) Vehicular battery is unintentionally caus-
ing bodily harm to another human being which is
done while committing a violation ofKS.A. 8-1566,
Supp. No. 13
8-1567 or 8-1568, and amendments thereto, or
any ordinance of this city which prohibits any of
the acts prohibited by those statutes.
(b) Vehicular battery is a Class A violation for
which the offender, if the violation is committed
while committing a violation ofKS.A. 8-1567 and
amendments thereto or any ordinance of this city
which prohibits any acts prohibited by that stat-
ute, shall:
(1) Be fined not less than one thousand dol-
lars ($1,000.00);
(2) Not be eligible for release on probation,
suspension or reduction of sentence or
parole until the person has served at least
ninety (90) days' imprisonment;
(3) Be required, as a condition of any grant of
probation, suspension or reduction of sen-
tence, parole or other release, to enter
into and successfully complete an alcohol
and drug safety action program or a treat-
ment program as provided in KS.A. 8-1008
and amendments thereto, or both the ed-
ucation and treatment programs; and
(4) Have driving privileges suspended, or sus-
pended and restricted, as provided by
KS.A. Supp. 8-1014.
(c) As used in this section, "bodily injury" means
great bodily harm, disfigurement or dismember-
ment.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-54. Assault.
An assault is an intentional threat or attempt
to do bodily harm to another coupled with appar-
ent ability and resulting in immediate apprehen-
sion of bodily harm. No bodily contact is neces-
sary.
Assault is a Class C violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-55. Assault of a law enforcement of-
ficer.
Assault of a law enforcement officer is an
assault, as defined in section 25-54 of this article,
committed against a uniformed or properly iden-
1503
~ 25-55
SALINA CODE
tified state, county or city law enforcement officer
while such officer is engaged in the performance
of his or her duty.
Assault of a law enforcement officer is a Class
A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-56. Resisting arrest.
It shall be unlawful for any person to assault or
strike, or in any manner resist, obstruct or oppose
any law enforcement officer, his deputy, or lawful
assistant in the making of any lawful detention,
stop or arrest.
Resisting arrest is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9759, ~ 1,9-9-96)
Sec. 25-57. False information.
It shall be unlawful for any person to make a
statement or provide information known by such
person to be false to any law enforcement officer
to prevent, obstruct, impair or pervert the admin-
istration of law.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-58. Compliance with order.
It shall be unlawful for any person to refuse to
comply with an order of a law enforcement officer
made in the performance of official duties.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-59. Interfering with an officer.
It shall be unlawful for any person to intention-
ally do any act or utter any word encouraging,
inciting, or proposing or intending to encourage or
incite, any person in the custody of a law enforce-
ment officer, to prevent or hinder his or her
arrest; and it shall be unlawful for any person to
interfere, in any manner, with a law enforcement
officer engaged in the discharge of any official
duty.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Supp. No. 13
Sec. 25-60. Unlawful interference with fire
fighter.
Unlawful interference with a fire fighter is
knowingly and intentionally interfering with, mo-
lesting or assaulting any fire fighter while en-
gaged in the performance of his or her duties, or
knowingly and intentionally obstructing, interfer-
ing with or impeding the efforts of any fire fighter
to reach the location of a fire.
Unlawful interference with a fire fighter is a
Class B violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-61. Water system property, hydrants;
damaging, tampering with.
It shall be unlawful for any person to open any
hydrant or loosen the bolts, screws or fastenings
thereof or put anything therein, or willfully, wan-
tonly or carelessly injure any water pipes or
wantonly or mischievously handle or meddle with
the same or any part thereof within the city;
provided, that the provisions of this section with
reference to opening and loosening 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 the city or to any person having
lawful authority to open, repair, touch or control
or use the same.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-62. Unlawful restraint.
Unlawful restraint is knowingly and without
legal authority restraining another so as to inter-
fere substantially with his or her liberty. This
section shall not apply to acts done in the perfor-
mance of duty by any authorized law enforcement
officer of the city. Any merchant, his or her agent
or employee, who has probable cause to believe
that a person has actual possession of and has
wrongfully taken; or is about to wrongfully take
merchandise from a mercantile establishment
may detain such person:
(1) On the premises; or
(2) In the immediate vicinity thereof, in a
reasonable manner and for a reasonable
1504
e
.
e
.
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OFFENSES, MISCELLANEOUS PROVISIONS
period of time for the purpose of investi-
gating the circumstances of such posses-
sion.
Such reasonable detention shall not constitute
an arrest nor an unlawful restraint. Unlawful
restraint is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-63. Violation of protective order.
(a) It shall be unlawful to knowingly or inten-
tionally violate:
(1) A protection from abuse order issued pur-
suant to KS.A. 60-3105, 60-3106 and 60-
3107, and amendments thereto; or
(2) A protective order issued by a court of any
state or Indian tribe that is consistent
with the provisions of 18 U.S.C. 2265, and
amendments thereto; or
(3) A restraining order issued pursuant to
KS.A. 38-1542,38-1543 and 60-1607, and
amendments thereto; or
(4) An order issued as a condition of pretrial
release, diversion, probation, suspended
sentence or postrelease supervision that
orders the person to refrain from having
any direct or indirect contact with an-
other person; or
(5) An order issued as a condition of release
after conviction or as a condition of a
supersedeas bond pending disposition of
an appeal, that order the person to refrain
from having any direct or indirect contact
with another person.
(b) As used in this section "order" includes any
order issued by a municipal or district court.
(c) Violation of a protective order is a Class A
person misdemeanor.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9750, ~ 1, 7-22-96)
Secs. 25-64-25-70. Reserved.
Supp. No. 13
~ 25-81
ARTICLE No SEX OFFENSES
Sec. 25-71. Lewd, lascivious behavior.
(a) Lewd and lascivious behavior is:
(1) Engaging in sexual intercourse or sodomy
with any person or animal with the knowl-
edge or reasonable anticipation that the
participants are being viewed by a person
sixteen (16) or more years of age; or
(2) The exposure of a sex organ in a public
place, or in the presence of a person who is
sixteen (16) or more years of age and not
the spouse of the offender and who has
not consented thereto, with intent to arouse
or gratify the sexual desires of the of-
fender or another.
Lewd and lascivious behavior is a Class B
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 99-
9911, ~ 1, 2, 2-8-99)
Sec. 25-72. Peeping toms.
It shall be unlawful for any person to go upon
the property owned or occupied by another for the
purpose of looking into or peeping into any win-
dow, door, skylight or other opening in a house.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Secs. 25-73-23-80. Reserved.
ARTICLE ~ OFFENSES AFFECTING
CHILDREN.
Sec. 25-81. Furnishing alcoholic liquor to a
minor.
(a) Furnishing alcoholic liquor to a minor is
directly or indirectly, selling to, buying for, giving
or furnishing any alcoholic liquor to any person
under twenty-one (21) years of age.
.Cross reference-Alcoholic beverages, Ch. 5.
1505
~ 25-81
SALINA CODE
(b) It shall be a defense to a prosecution under
this section if:
(1) The defendant is a licensed retailer, club,
drinking establishment or caterer or holds
a temporary permit, or an employee
thereof;
(2) The defendant sold the alcoholic liquor to
the minor with reasonable cause to be-
lieve that the minor was twenty-one (21)
or more years of age; and
(3) To purchase the alcoholic liquor, the mi-
nor exhibited to the defendant a draft
card, driver's license, birth certificate or
other official or apparently official docu-
ment purporting to establish that such
minor was twenty-one (21) or more years
of age.
Furnishing alcoholic liquor to a minor is a
Class B violation for which the minimum fine is
two hundred dollars ($200.00).
(Ord. No. 91-9475, ~ 1, 11-18-91)
Cross reference-Legal fee for consumption of malt bev-
erages, ~ 5-66.
Sec. 25-82. Furnishing cereal malt beverage
to a minor.
(a) Furnishing cereal malt beverage to a minor
is buying for or selling, giving or furnishing,
whether directly or indirectly, any cereal malt
beverage to any person under twenty-one (21)
years of age.
(b) This section shall not apply to the furnish-
ing of cereal malt beverage by a parent or legal
guardian to such parent's child or such guardian's
ward.
(c) It shall be a defense to a prosecution under
this section if:
(1) The defendant is a licensed retailer, or an
employee thereof;
(2) The defendant sold the cereal malt bever-
age to the person with reasonable cause to
believe that such person was twenty-one
(21) or more years of age; and
(3) To purchase the cereal malt beverage, the
person exhibited to the defendant a draft
Supp. No. 13
card, driver's license, birth certificate or
other official or apparently official docu-
ment purporting to establish that such
person was twenty-one (21) or more years
of age.
Furnishing cereal malt beverage to a minor is a
Class B violation for which the minimum fine is
two hundred dollars ($200.00).
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-83. Watercraft, lifesaving devices re-
quired.
The operator of every vessel shall require every
person twelve (12) years of age or under to wear a
United States Coast Guard approved type I, type
II or type III personal flotation device while
aboard or being towed by such vessel. A life belt or
ring shall not satisfy the requirement of this
section.
Violation of this section shall constitute a Class
C violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 21-84. Purchase or possession of ciga-
rette and tobacco products by
persons under eighteen (18) years
of age.
(a) It shall be unlawful for any person who is
under eighteen (18) years of age to purchase or
attempt to purchase or possess or attempt to
possess cigarettes or tobacco products.
(b) Any person charged with violating this
section shall be issued a notice to appear and,
prior to the time specified in the notice to appear,
may enter a written appearance, waive right to
trial, plead guilty or no contest and pay the fine
and court costs provided by law. Payment may be
made by mail or in person and may be by personal
check. The cigarette and tobacco citation shall not
have been complied with if a check is not honored
for any reason, or if the fine and court costs are
not paid in full. When a person charged with a
cigarette and tobacco infraction makes payment
without executing a written waiver of right to
trial and plea of guilty or no contest, the payment
made shall be deemed such an appearance, waiver
of right to trial and plea of no contest.
1506
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-90
.
(c) As used in this section:
(1) Cigarette means any roll for smoking,
made wholly or in part of tobacco, irre-
spective of size or shape, and irrespective
of tobacco being flavored, adulterated or
mixed with any other ingredient if the
wrapper is in great part made of any
material except tobacco.
(2) Tobacco products means cigars, cheroots,
stogies, periques; granulated, plug cut,
crimp cut, ready rubbed and other smok-
ing tobacco; snuff, snuff flower; cavend-
ish; plug and twist tobacco; fine cut and
other chewing tobaccos; shorts; refuse
scraps, clippings, cuttings and sweepings
of tobacco, and other kinds and forms of
tobacco, prepared in such a manner as to
be suitable for chewing or smoking in a
pipe or otherwise, or both for chewing and
smoking. Tobacco products do not include
cigarettes.
Violation of this section is a cigarette and
tobacco infraction for which the fine is twenty-five
dollars ($25.00).
(Ord. No. 96-9758, ~ 1, 8-26-96)
e
Sec. 25-85. Furnishing cigarettes or tobacco
products to a minor.
(a) It shall be unlawful for any person, directly
or indirectly, to:
(1) Sell, give or furnish any cigarettes or
tobacco products to any person under eigh-
teen (18) years of age; or
(2) Buy any cigarettes or tobacco products for
any person under eighteen (18) years of
age.
.
In determining the penalty to be imposed for a
violation of this section by a licensed retail dealer
whose employee sold, furnished or distributed the
cigarettes or tobacco products, the court shall
consider it to be a mitigating circumstance if the
employee had completed a training program, ap-
proved by the secretary of revenue or the secretary's
designee, in avoiding sale, furnishing or distrib-
uting of cigarettes and tobacco products to per-
sons under eighteen (18) years of age.
e
Supp. No. 16
(b) It shall be a defense to a prosecution under
this section if:
(1) The defendant is a licensed retail dealer
or a person authorized by law to distrib-
ute samples;
(2) The defendant sold, furnished or distrib-
uted the cigarettes or tobacco products to
the person under eighteen (18) years of
age with reasonable cause to believe the
person was of legal age to purchase or
receive cigarettes or tobacco products; and
(3) 'lb purchase or receive the cigarettes or
tobacco products, the person under eigh-
teen (18) years of age exhibited to the
defendant a driver's license, Kansas non-
driver's identification card or other offi-
cial or apparently official document con-
taining a photograph of the person and
purporting to establish that the person
was of legal age to purchase or receive
cigarettes or tobacco products.
(c) It shall be a defense to a prosecution under
this section if:
(1) The defendant engages in the lawful sale,
furnishing or distribution of cigarettes or
tobacco products by mail; and
(2) The defendant sold, furnished or distrib-
uted the cigarettes or tobacco products to
the person by mail only after the person
had provided to the defendant an unsworn
declaration, conforming to K.S.A. 53-601
and amendments thereto, that the person
was eighteen (18) or more years of age.
(d) As used in this section, cigarettes and
tobacco products are defined as set forth in sec-
tion 25-84.
Furnishing cigarettes or tobacco products to a
minor is a Class B violation.
(Ord. No. 01-10038, ~ 1, 6-18-01)
Sees. 25-86-25-90. Reserved.
1507
~ 25-91
SALINA CODE
ARTICLE VI. OFFENSES AGAINST
PROPERTY.
Sec. 25-91. Theft.
Theft is any of the following acts done with the
intent to deprive the owner permanently of the
possession, use or benefit of the owner's property:
(1) Obtaining or exerting unauthorized con-
trol over property; or
(2) Obtaining by deception, control over prop-
erty; or
(3) Obtaining by threat, control over prop-
erty; or
(4) Obtaining control over stolen property
knowing the property to have been stolen
by another.
Theft of property of the value of less than five
hundred dollars ($500.00) is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-92. Intent to permanently deprive.
(a) In any prosecution under this article, the
following shall be prima facie evidence of intent to
permanently deprive the owner or lessor of prop-
erty of the possession, use or benefit thereof:
(1) The giving of a false identification or
fictitious name, address or place of em-
ployment at the time of obtaining control
over the property; or
(2) The failure of a person who leases or rents
personal property and fails to return the
same within ten (10) days after the date
set forth in the lease or rental agreement
for the return of the property, if notice is
given to the person renting or leasing th~
property to return the property within
seven (7) days after receipt of the notice,
in which case the subsequent return of
the property within the seven-day period
shall exempt such transaction from con-
sideration as prima facie evidence as pro-
vided in this section.
.Cross references-Stealing, taking books and other
property from library, ~ 19-2; damaging books or library
property, ~ 19-4; purchasing stolen property by pawnbrokers
and secondhand dealers, ~ 33-20.
Supp. No. 16
(b) In any prosecution in which the object of
the alleged theft is a book or other material
borrowed from a library, it shall be prima facie
evidence of intent to permanently deprive the
owner of the possession, use or benefit thereof if
the defendant failed to return such book or mate-
rial within thirty (30) days after receiving notice
from the library requesting its return, in which
case the subsequent return of the book or mate-
rial within the thirty-day period shall exempt
such transaction from consideration as prima
facie evidence as provided in this section.
(c) The word "notice" as used herein shall be
construed to mean notice in writing and such
notice in writing will be presumed to have been
given three (3) days following deposit ofthe notice
as registered or certified matter in the United
States mail, addressed to such person who has
leased or rented the personal property or bor-
rowed the library materials at the address as it
appears in the information supplied by such per-
son at the time of such leasing, renting or borrow-
ing, or to such person's last known address.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-93. Theft; lost, mislaid property.
Theft of lost or mislaid property is failure to
take reasonable measures to restore lost or mis-
laid property to the owner by a person who has
obtained control of such property, who knows or
learns the identity of the owner thereof, and who
intends to deprive the owner permanently of the
possession, use or benefit of the property.
Theft of lost or mislaid property is a Class A
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-94. Theft of services.
(a) Theft of services is obtaining services from
another by deception, threat, coercion, stealth,
tampering or use of false token or device.
(b) "Services" within the meaning of this sec-
tion, includes, but is not limited to, labor, profes-
sional service, cable television service, public or
municipal utility or transportation service, tele-
phone service, lodging, entertainment and the
supplying of equipment for use.
1508
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-97
.
(c) "Tampering" within the meaning of this
section, includes, but is not limited to:
(1) Making a connection of any wire, conduit
or device, to any service or transmission
line owned by a public or municipal util-
ity, or by a telephone or cable television
service provider;
(2) Defacing, puncturing, removing, revers-
ing or altering any meter or any connec-
tions, for the purpose of securing unau-
thorized or unmeasured electricity, natural
gas, water, telephone service or cable tele-
vision service;
e
(3) Preventing any such meters from prop-
erly measuring or registering;
(4) Knowingly taking, receiving, using or con-
verting to such person's own use, or the
use of another, any electricity, natural gas
or water which has not been measured; or
any telephone or cable television service
which has not been authorized; or
(5) Causing, procuring, permitting, aiding or
abetting any person to do any of the
preceding acts.
(d) In any prosecution under this section, the
existence of any of the connections of meters,
alterations or use of unauthorized or unmeasured
electricity, natural gas, telephone service, cable
television service, or water service specified in
subsection (c), shall be prima facie evidence of
intent to violate the provisions of this section by
the person or persons using or receiving the direct
benefits from the use of the electricity, natural
gas, telephone service, cable television service or
water service passing through such connections
or meters, or using the electricity, natural gas,
water, telephone service or cable television ser-
vice which has not been authorized or measured.
Theft of service is a Class A misdemeanor.
(Ord. No. 91-9475, ~ I, 11-18-91; Ord. No. 97-
9808, ~ 1, 6-9-97)
.
Sec. 25-95. Unlawful deprivation of prop-
erty.
Unlawful deprivation of property is obtaining
or exerting unauthorized control over property,
e
Supp. No. 16
with intent to deprive the owner of temporary use
thereof, without the owner's consent but not with
the intent of depriving the owner permanently of
the possession, use or benefit of his or her prop-
erty.
Unlawful deprivation of property is a Class A
violation.
(Ord. No. 91-9475, ~ I, 11-18-91)
Sec. 25-96. Criminal damage to property.
Criminal damage to property is by means other
than by fire or explosive:
(1) Willfully injuring, damaging, mutilating,
defacing, destroying, or substantially im-
pairing the use of any property in which
another has an interest without the con-
sent of such other person; or
(2) Injuring, damaging, mutilating, defacing,
destroying or substantially impairing the
use of any property with intent to injure
or defraud an insurer or lienholder.
Criminal damage to property is a Class B
misdemeanor if the property damaged is of the
value of less than five hundred dollars ($500.00)
or is ofthe value of five hundred dollars ($500.00)
or more and is damaged to the extent of less than
five hundred dollars ($500.00).
(Ord. No. 91-9475, ~ I, 11-18-91; Ord. No. 96-
9746, ~ 1, 6-17-96)
Sec. 25-97. Criminal trespass.
(a) Criminal trespass is entering or remaining
upon or in any land, structure, vehicle, aircraft or
watercraft by a person, when:
(1) Such person knows or reasonably should
know that he or she is not authorized or
privileged to do so; or
(2) Such person enters or remains therein in
defiance of an order not to enter or to
leave such premises or property person-
ally communicated to such person by the
owner thereof or other authorized person;
or
(3) Such premises or property are posted in a
manner reasonably likely to come to the
1508.1
~ 25-97
SALINA CODE
attention of intruders, or are locked or
fenced or otherwise enclosed, or shut or
secured against passage or entry; or
(4) Such person enters or remains therein in
defiance of a restraining order issued pur-
suant to K.S.A. 60-1607, 60-3105, 60-
3106, or 60-3107 or K.S.A. 38-1542, 38-
1543 or 38-1563, and amendments thereto,
and the restraining order has been per-
sonally served upon the person so re-
strained.
(b)(1) Entering or remaining upon or in any
public or private land or structure in a
manner that interferes with access to or
from any health care facility by a person
who knows such person is not authorized
or privileged to do so and such person
enters or remains thereon or therein in
defiance of an order not to enter or to
leave such land or structure personally
communicated to such person by the owner
of the health care facility or other autho-
rized person.
(2) As used in this section:
(a) Health care facility means any li-
censed medical care facility, certified
health maintenance organization, li-
censed mental health center, or men-
tal health clinic, licensed psychiatric
hospital or other facility or office
where services of a health care pro-
vider are provided directly to pa-
tients.
(b) Health care provider means any per-
son:
(1) Licensed to practice a branch of
the healing arts;
(2) Licensed to practice psychol-
ogy;
(3) Licensed to practice professional
or practical nursing;
Supp. No. 16 1508.2
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-110
.
(4) Licensed to practice dentistry;
(5) Licensed to practice optometry;
(6) Licensed to practice pharmacy;
(7) Licensed to practice podiatry;
(8) Licensed as a social worker; or
(9) Registered to practice physical
therapy.
(3) Criminal trespass is a Class B violation.
(a) If a person is arrested on a warrant
or arrested on probable cause with-
out a warrant, pursuant to a viola-
tion of subsection (aX 4), such person
shall not be allowed to post bond
pending such person's first appear-
ance in court provided that a first
appearance occurs within forty-eight
(48) hours after arrest.
(b) Upon conviction of a violation of sub-
section (aX4), a person shall be sen-
tenced to not less than forty-eight
(48) consecutive hours of imprison-
ment which must be served either
before or as a condition of any grant
or probation or suspension or reduc-
tion of sentence.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9746, ~ 2,6-17-96; 96-9759, ~ 1,9-9-96)
e
Sec. 25-98. Littering.
.
Littering is dumping, throwing, placing, depos-
iting or leaving or causing to be dumped, thrown,
deposited or left any refuse of any kind or any
object or substance which tends to pollute, mar or
deface, into, upon or about:
(1) Any public street, highway, alley, road,
right-of-way, park or other public place, or
any lake, stream, watercourse, or other
body of water except by direction of some
public officer or employee authorized by
law to direct or permit such acts; or
(2) Any private property without the consent
of the owner or occupant of such property.
e
Littering is a Class C violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Supp. No. 12
Sec. 25-99. Tampering with a landmark.
Tampering with a landmark is willfully and
maliciously:
(1) Removing any monument of stone or other
durable material, established or created
for the purpose of designating the comer
of or any other point upon the boundary of
any lot or tract ofland, or of the state, or
any legal subdivision thereof; or
(2) Defacing or altering marks upon any tree,
post or other monument, made for the
purpose of designating any point on such
boundary; or
(3) Cutting down or removing any tree, post
or other monument upon which any such
marks have been made for such purpose,
with intent to destroy such marks; or
(4) Breaking, destroying, removing or defac-
ing any milepost, milestone or guideboard
erected by authority of law on any public
highway or road; or
(5) Defacing or altering any inscription on
any such marker or monument; or
(6) Altering, removing, damaging or destroy-
ing any public land survey comer or ac-
cessory without complying with the pro-
visions of K.S.A. 58-2011.
Tampering with a landmark is a Class C viola-
tion.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-100. Tampering with a traffic signal.
Tampering with a traffic signal is intentionally
manipulating, altering, destroying or removing
any light, sign, marker, railroad switching device,
or other signal device erected or installed for the
purpose of controlling or directing the movement
of motor vehicles, railroad trains, aircraft or wa~
tercraft.
Tampering with a traffic signal is a Class C
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sees. 25-101-25-110. Reserved.
1509
~ 25-111
SALINA CODE
ARTICLE VU. OFFENSES AFFECTING
GOVERNMENTAL FUNCTIONS.
Sec. 25-111. Compounding an offense.
Compounding an offense is accepting or agree-
ing to accept anything of value as consideration
for a promise not to initiate or aid in the prosecu-
tion of a person who has committed an offense.
Compounding an offense is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-112. Obstructing legal process or of-
ficial duty.
Obstructing legal process or official duty is
knowingly and willfully obstructing, resisting,
opposing or interfering with any person autho-
rized by law to serve process in the service or
execution or in the attempt to serve or execute
any writ, warrant, process or order of a court, or
in the discharge of any official duty.
Obstructing legal process or official duty is a
Class A violation.
COrd. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9759, ~ 1, 9-9-96)
Sec. 25-113. Escape from custody.
(a) Escape from custody is escaping while held
in lawful custody on a charge or conviction of a
public offense.
(b) As used in this section:
(1) Custody means arrest; detention in a fa-
cility for holding persons charged with or
convicted of offenses; detention for extra-
dition or deportation; detention in a hos-
pital or other facility pursuant to court
order, imposed as a specific condition of
probation or parole or imposed as a spe-
cific condition of assignment to a commu-
nity correctional services program; or any
other detention for law enforcement pur-
poses. Custody does not include general
supervision of a person on probation or
parole or constraint incidental to release
on bail.
"Cross references--Administration, Ch. 2; resisting fire-
men, ~ 14-3.
Supp. No. 12
(2) Escape means departure from custody
without lawful authority or failure to re-
turn to custody following temporary leave
lawfully granted pursuant to express au-
thorization of law or order of a court.
Escape from custody is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-114. Same, aiding escape.
It shall be unlawful for any person to:
(1) Assist another who is in lawful custody on
a charge or conviction of a crime to escape
from such custody; or
(2) Supply to another who is in lawful cus-
tody on a charge or conviction of crime,
any object or thing adapted or designed
for use in making an escape, with intent
that it shall be so used; or
(3) Introduce into an institution in which a
person is confined on a charge or convic-
tion of crime any object or thing adapted
or designed for use in making any escape,
with intent that it shall be so used.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-115. Falsely reporting an offense.
Falsely reporting an offense is informing a law
enforcement officer that an offense has been com-
mitted, knowing that such information is false
and intending that the officer shall act in reliance
upon such false information.
Falsely reporting an offense is a Class A viola-
tion.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-116. Simulating legal process.
Simulating legal process is:
(1) Sending or delivering to another any doc-
ument which simulates or purports to be
or is reasonably designed to cause others
to believe it to be a summons, petition,
complaint, or other judicial process, with
intent thereby to induce payment of a
claim;
1510
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-121
.
(2) Printing, distributing or offering for sale
any such document, knowing or intending
that it shall be so used.
This section does not apply to the printing,
distribution or sale of blank forms of legal docu-
ments intended for actual use in judicial proceed-
ings.
Simulating legal process is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-117. Tampering with public record.
Tampering with a public record is knowingly
and without lawful authority altering, destroying,
defacing, removing or concealing any public record.
Tampering with a public record is a Class A
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-118. Tampering with public notice.
e
Tampering with public notice is knowingly and
without lawful authority altering, defacing, de-
stroying, removing or concealing any public notice
posted according to law, during the time the
notice is required or authorized to remain posted.
Tampering with a public notice is a Class C
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-119. False signing of petition.
.
False signing of a petition is the affixing of any
fictitious or unauthorized signature to any peti-
tion, memorial or remonstrance, intended to be
presented to the legislature, or either house thereof,
or to any agency or officer of the State of Kansas
or any of its political subdivisions.
False signing of an official petition is a Class C
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-120. False impersonation.
e
False impersonation is representing one's self
to be a public officer or employee or a person
licensed to practice or engage in any profession or
Supp. No. 16
vocation for which a license is required by the
laws or the State of Kansas, with knowledge that
such representation is false.
False impersonation is a Class B violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-121. Interference with conduct of
public business in public build-
ing.
Interference with the conduct of public busi-
ness in public buildings is:
(1) Conduct at or in any public building owned,
operated or controlled by the state or any
of its political subdivisions so as to will-
fully deny to any public official, public
employee, or any invitee on such pre-
mises, the lawful rights of such official,
employee, or invitee to enter, to use the
facilities, or to leave, any such public
building;
(2) Willfully impeding any public official or
employee in the lawful performance of
duties or activities through the use of
restraint, abduction, coercion, or intimi-
dation or by force and violence or threat
thereof;
(3) Willfully refusing or failing to leave any
such public building upon being requested
to do so by the chief administrative officer,
or his or her designee, charged with main-
taining order in such public building, if
such person is committing, threatens to
commit, or incites others to commit, any
act which did or would if completed, dis-
rupt, impair, interfere with, or obstruct
the lawful missions, processes, proce-
dures, or functions being carried on in
such public building;
(4) Willfully impeding, disrupting or hinder-
ing the normal proceedings of any meet-
ing or session conducted by any judicial or
legislative body or official at any public
building by any act of intrusion into the
chamber or other areas designated for the
use of the body, or official conducting such
meeting or session, or by any act designed
to intimidate, coerce or hinder any mem-
1511
~ 25-121
SALINA CODE
ber of such body, or any official engaged in
the performance of duties at such meeting
or session;
(5) Willfully impeding, disrupting or hinder-
ing, by any act of intrusion into the cham-
ber or other areas designed for the use of
any executive body or official, the normal
proceedings of such body or official.
Interference with the conduct of public busi-
ness in public buildings is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-122. Interference with police dogs.
(a) It shall be unlawful for any person to
strike, abuse, tease, harass, or assault any dog
being used by the city for the purpose of perform-
ing the duties of a police dog regardless of whether
the dog is on duty or off.
(b) It shall be unlawful for any person to
interfere with a dog being used by the police
department or attempt to interfere with the han-
dler of the dog in such a manner as to inhibit,
restrict or deprive the handler of his or her control
of the dog.
Violation of this section is a Class C violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Cross reference-Interference with police dogs and han-
dlers, ~ 30-3.
Secs. 25-123-25-130. Reserved.
ARTICLE VIII. OFFENSES AGAINST
PUBLIC PEACE*
Sec. 25-131. Disorderly conduct.
Disorderly conduct, with knowledge or proba-
ble cause to believe that such acts will alarm,
anger or disturb others or provoke an assault or
other breach of the peace, is:
(1) Engaging in brawling or fighting; or
(2) Disturbing an assembly, meeting or pro-
cession, not unlawful in its character; or
.Cross references--Nuisances, Ch. 24; intoxication and
disorderly conduct, ~ 5-75.
Supp. No. 16
(3) Using offensive, obscene or abusive lan-
guage or engaging in noisy conduct tend-
ing reasonably to arouse alarm, anger or
resentment in others; or
(4) Urinating/defecating in public.
Disorderly conduct is a Class C violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-132. Disturbing the peace.
(a) It shall be unlawful for any person to make,
continue, maintain or cause to be made or contin-
ued any excessive, unnecessary, unreasonable or
unusually loud noise that is plainly audible across
a property line or from a distance of fifty (50) feet
from the source of the noise, which either annoys
or disturbs a person of normal sensitivities, or
injures or endangers the comfort, repose, health,
peace or safety of others within the city. For
purposes of this section, a property line is defined
as an imaginary line drawn through the points of
contact of adjoining lands, apartments, condomin-
iums, townhouses and duplexes owned, rented or
leased by different persons, a demarcation or a
line of separate [separation] of properties, and
also, for any two (2) or more buildings sharing
common grounds, the line drawn midway be-
tween any two (2) such buildings. All areas de-
voted to public right-of-way shall be deemed to be
across the property line. For the purpose of this
definition, the property line includes all points on
a plane formed by projecting the property line in
a manner deemed appropriate by the enforcing
police officer.
(b) It shall be unlawful for any person to use,
operate or permit the use or operation of any
electronic device, radio receiving set, television,
musical instrument, phonograph, or other ma-
chine or device for the producing or reproducing of
sound in such a manner that is plainly audible
across a property line or from a distance of fifty
(50) feet from the source of the noise, which either
annoys or disturbs a person of normal sensitivi-
ties, or injures or endangers the comfort, repose,
health, peace or safety of neighboring inhabit-
ants. Neighboring inhabitants shall include per-
sons living within or occupying residential dis-
1512
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-135
.
tricts of single or multifamily dwellings and shall
include areas where multiple-unit dwellings and
high-density residential districts are located.
(c) No person shall congregate with other per-
sons, participate in, or be in any part or gathering
of people from which sound emanates of a suffi-
cient volume that is plainly audible from a dis-
tance of fifty (50) feet, so as to annoy or disturb
persons of normal sensitivities, or injure or en-
danger the comfort, repose, health, peace or safety
of persons residing in any residential area. No
person shall visit or remain within any residen-
tial dwelling unit or within the vicinity of a
residential dwelling unit wherein such gathering
of people is taking place except persons who have
gone there for the sole purpose of abating such
disturbance. A police officer may order all persons
present in any group or gathering from which
said sound emanates, other than the owner or
tenants of the dwelling unit, to immediately dis-
perse in lieu of being charged under this section.
Owners or tenants of the dwelling unit shall
immediately abate the disturbance and, failing to
do so, shall be in violation of this section.
e
(d) Electronically amplified sounds authorized
by city permit, emanating from band concerts,
block parties or other performances or similar
activities publicly or privately sponsored and pre-
sented in any public space outdoors, shall not be
in violation of this section, provided that the
sponsor of the activity immediately complies when
directed by any police officer or other authorized
city official to decrease or discontinue the elec-
tronic amplification when, in the official's deter-
mination, the noise levels created are unreason-
able and injure or endanger the comfort, repose,
health, peace or safety of others within the city.
.
(e) It shall be unlawful for any person, while
operating, driving, or parking a motor vehicle, to
use or operate any electronic device, radio, televi-
sion, tape player, compact disc player or other
device for the producing or reproducing of sound
in such a manner that it disturbs the peace, quiet
and comfort of persons in the vicinity of the motor
vehicle. Unless a person is operating under a loud
speaker permit issued pursuant to section 3-5 of
the Salina Code, it shall be a violation of this
section if the sound emanating from the electronic
e
Supp. No. 16
device, radio, television, tape player, compact disc
player or other device for producing or reproduc-
ing sound in or on the motor vehicle is clearly
audible from a distance of fifty (50) feet.
(f) Statement of intent. No provision of this
section shall be construed to limit or abridge the
rights of any person to peacefully assemble and
express opinions. It is the purpose of this section
to protect individuals from unreasonable intru-
sions caused by excessive, unnecessary, unreason-
able or unusually loud noises.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 01-
10039, ~ 1, 6-18-01)
Sec. 25-133. Unlawful assembly.
Unlawful assembly is the meeting or coming
together of not less than five (5) persons for the
purpose of engaging in conduct constituting ei-
ther disorderly conduct, as defined by section
25-131 of this article or a riot, as defined by
section 25-135 of this article, or when in a lawful
assembly of not less than five (5) persons, agree-
ing to engage in such conduct.
Unlawful assembly is a Class B violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-134. Remaining at unlawful assem-
bly.
Remaining at an unlawful assembly is willfully
failing to depart from the place of an unlawful
assembly after being directed to leave by a law
enforcement officer.
Remaining at an unlawful assembly is a Class
A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-135. Riot.
Riot is any use of force or violence which
produces a breach of the public peace, or any
threat to use such force or violence against any
person or property if accompanied by power or
apparent power of immediate execution, by five
(5) or more persons acting together and without
authority of law.
Riot is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
1513
~ 25-136
SALINA CODE
Sec. 25-136. Loitering or trespassing on
grounds of any public or pri-
vate school or institution.
(a) It shall be unlawful for any person to loiter
or trespass on or about the premises and grounds
of any public or private school; of the public
library; or around any assembly of persons at
school or public activities or athletic events whether
or not such events are being conducted by public
or private school authorities.
(b) It shall be unlawful for any person or
student who is not regularly enrolled in a public
or private school; or who has been suspended or
dismissed from a public or private school; to
persist in staying or remaining on or about the
premises or grounds without any lawful purpose.
Loitering or trespassing on grounds of any
public or private school or institution is a Class B
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9759, ~ 1, 9-9-96)
Sec. 25-137. Maintaining a public nuisance.
Maintaining a public nuisance is by act, or by
failure to perform a legal duty, intentionally caus-
ing or permitting a condition to exist which in-
jures or endangers the public health, safety or
welfare.
Maintaining a public nuisance is a Class C
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-138. Permitting a public nuisance.
Permitting a public nuisance is knowingly per-
mitting property under the control of the offender
to be used to maintain a public nuisance, as
defined in section 25-137 of this article.
Permitting a public nuisance is a Class C
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-139. Giving a false alarm.
The giving of a false alarm is:
(1) Initiating or circulating a report or warn-
ing of an impending bombing or other
crime or catastrophe, knowing that the
Supp. No. 16
report or warning is baseless and under
such circumstances that is likely to cause
evacuation of a building, place of assem-
bly or facility of public transport or to
cause public inconvenience or alarm;
(2) Transmitting in any manner to the fire
department of any city, township or other
municipality, a false alarm of fire, know-
ing at the time of such transmission that
there is no reasonable ground for believ-
ing that such fire exists; or
(3) Making a call in any manner for emer-
gency service assistance including police,
fire, medical or other emergency service
provided under K.S.A. 12-5301 et seq.,
and amendments thereto, knowing at the
time of such call that there is no reason-
able ground for believing such assistance
is needed.
Giving a false alarm is a Class A violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-140. Desecrating a cemetery.
Desecrating a cemetery is knowingly and with-
out authorization of law:
(1) Destroying, cutting, mutilating, defacing
or otherwise injuring, tearing down or
removing any tomb, monument, memo-
rial or marker in a cemetery, or any gate,
door, fence, wall, post or railing or any
enclosure for the protection of a cemetery
or any property in a cemetery;
(2) Obliterating any grave, vault, niche or
crypt; or
(3) Destroying, cutting, breaking or injuring
any building, statuary, ornamentation, tree,
shrub or plant within the limits of a
cemetery.
Desecrating a cemetery is a Class A violation if
the damage is to the extent of less than five
hundred dollars ($500.00).
(Ord. No. 91-9475, ~ 1, 11-18-91)
1514
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-142
.
Sec. 25-141. Harassment by telephone.
Harassment by telephone is use of telephone
communication for any of the following purposes:
(1) Making any comment, request, sugges-
tion or proposal which is obscene, lewd,
lascivious, filthy or indecent; or
(2) Making a telephone call, whether or not
conversation ensues, with intent to abuse,
threaten or harass any person at the
called number; or
(3) Making or causing the telephone of an-
other repeatedly to ring, with intent to
harass any person at the called number;
or
e
(4) Making repeated telephone calls, during
which conversation ensues, solely to ha-
rass any person at the called number; or
(5) Playing any recording on a telephone,
except recordings such as weather infor-
mation or sports information when the
number thereof is dialed, unless the per-
son or group playing the recording shall
identify itself or himself or herself and
state that it is a recording; or
(6) Knowingly permitting any telephone un-
der one's control to be used for any of the
purposes mentioned herein.
Harassment by telephone is a Class A viola-
tion.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-142. Aggressive begging/soliciting.
(a) It shall be unlawful for any person to:
(1) Solicit money or other things of value, or
to solicit the sale of goods or services, in
an aggressive manner in a public area; or
.
e
Supp. No. 16
1514.1
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-150
e
.
(2) Solicit money or other things of value, or
to solicit the sale of goods or services on
private property or residential property, if
the owner, tenant, or lawful occupant has
asked the person not to solicit on the
property, or has posted a sign clearly
indicating that solicitations are not wel-
come on the property.
e
(b) As used in this section:
(1) ''Aggressive manner" means:
1. Threatening approaches. Approach-
ing the person being solicited in a
manner that (1) is likely to cause a
reasonable person to fear imminent
bodily harm or the commission of a
criminal act upon property in the
person's possession, or (2) is in-
tended to or is likely to intimidate
the person being solicited into re-
sponding affirmatively to the solici-
tation;
2. Following. Following the person be-
ing solicited, if that conduct (1) is
intended to cause a reasonable per-
son to fear imminent bodily harm or
the commission of a criminal act
upon property in the person's posses-
sion, or (2) is intended to or is likely
to intimidate the person being solic-
ited into responding affirmatively to
the solicitation;
3. Physical contact. Intentionally or
recklessly making any physical con-
tact with or touching another person
in the course of the solicitation, or
approaching with an arm's length of
the person, except with the person's
consent;
4. Continuing to solicit. Continuing to
solicit a person after the person has
made a negative response, if continu-
ing the solicitation (1) is intended to
or is likely to cause a reasonable
person to fear imminent bodily harm
or the commission of a criminal act
upon property in the person's posses-
sion, or (2) is intended to or is rea-
.
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Supp. No. 12
sonably likely to intimidate the per-
son being solicited into responding
affirmatively to the solicitation;
5. Verbal threats. Intentionally or reck-
lessly using words (1) intended to or
likely to cause a reasonable person
to fear imminent bodily harm or the
commission of a criminal act upon
property in the person's possession,
or (2) likely to intimidate the person
into responding affirmatively to the
solicitation; or
6. Blocking sidewalk or street or path-
way. Intentionally or recklessly block-
ing the safe or free passage of the
person being solicited or requiring
the person to take evasive action to
avoid physical contact with the per-
son making the solicitation.
(2) "Intimidate" means to engage in conduct
which would make a reasonable person
feel threatened or fearful of harm to the
person's personal safety or property.
(3) "Public area" means any place to which
the general public has access and a right
to resort for business, entertainment or
other lawful purpose, including, but not
limited to, alleys, bridges, buildings, drive-
ways, parking lots, parks, plazas, side-
walks, and streets open to the general
public, and the doorways and entrances to
buildings and dwellings, and the grounds
enclosing them.
(4) "To solicit" includes, without limitation,
the spoken, written, or printed word or
such other acts or bodily gestures as are
conducted in the furtherance of the pur-
poses of begging, soliciting, or asking for
any item of value, monetary or otherwise.
Aggressive begging/soliciting is a Class B vio-
lation.
(Ord. No. 96-9745, ~ 1, 6-17-96)
Sees. 25-143-25-150. Reserved.
1515
.
f 25-151
SALINA CODE
ARTICLE IX. OFFENSES AGAINST
PUBUC SAFETY
Sec. 25-151. Unlawful use of weapons.
(a) Unlawful use of weapons is knowingly:
(1) Selling, manufacturing, purchasing, pos-
sessing or carrying any bludgeon, sandclub,
metal knuckles or throwing star, or any
knife, commonly referred to as a
switchblade, which has a blade that opens
automatically by hand pressure applied
to a button, spring or other device in the
handle of the knife, or any knife having a
blade that opens or falls or is ejected into
position by the force of gravity or by an
outward, downward, or centrifugal thrust
or movement;
(2) Carrying concealed on one's person, or
possessing with intent to use the same
unlawfully against another, a dagger, dirk,
billy, blackjack, slingshot, dangerous knife,
straight-edged razor, stiletto or any other
dangerous or deadly weapon or instru-
ment of like character, except that an
ordinary pocket knife with no blade more
than four (4) inches in length shall not be
construed to be a dangerous knife, or a
dangerous or deadly weapon or instru-
ment;
(3) Carrying on one's person or in any land,
water or air vehicle, with intent to use the
same unlawfully, a tear gas or smoke
bomb or projector or any object containing
a noxious liquid, gas or substance;
(4) Carrying any pistol, revolver or other fire-
arm concealed on one's person except when
on the person's land or in the person's
abode or fixed place of business;
(5) Setting a spring gun;
(6) Possessing any device or attachment of
any kind designed, used or intended for
use in silencing the report of any firearm.
(b) Subsections (aX 1), (2), (3) and (4) shall not
apply to or affect any of the following:
(1) Law enforcement officers, or any person
summoned by any such officers to assist
Supp. No. 12
in making arrests or preserving the peace
while actually engaged in assisting such
officer;
(2) Wardens, superintendents, directors, se-
curity personnel and keepers of prisons,
penitentiaries, jails and other institutions
for the detention of persons accused or
convicted of crime, while acting within
the scope of their authority;
(3) Members ofthe armed services or reserve
forces of the United States or the Kansas
National Guard while in the performance
of their official duty; or
(4) Manufacture of, transportation to, or sale
of weapons to a person authorized under
(b)(1) through (bX3) of this section to
possess such weapons.
(c) Subsection (a)(4) shall not apply to or affect
the following:
(1) Watchmen, while actually engaged in the
performance of the duties of their employ-
ment;
(2) Licensed hunters or fishermen, while en-
gaged in hunting or fishing;
(3) Private detectives licensed by the state to
carry the firearm involved, while actually
engaged in the duties of their employ-
ment;
(4) Detectives or special agents regularly em-
ployed by railroad companies or other
corporations to perform fulltime security
or investigative services, while actually
engaged in the duties of their employ-
ment; or
(5) The state fire marshal, the state fire
marshal's deputies or any member of a
fire department authorized to carry a fire-
arm pursuant to KS.A. 31-157 and amend-
ments thereto, while engaged in an inves-
tigation in which such fire marshal, deputy
or member is authorized to carry a fire-
arm pursuant to KS.A. 31-157 and amend-
ments thereto.
(d) Subsections (a)(1) and (6) shall not apply to
any person who sells, purchases, possesses or
carries a firearm, device or attachment which has
1516
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OFFENSES, MISCELLANEOUS PROVISIONS
* 25-156
.
been rendered unserviceable by steel weld in the
chamber and marriage weld of the barrel to the
receiver and which has been registered in the
national firearms registration and transfer record
in compliance with 26 U.S.C. 5841 et seq. in the
name of such person and, if such person transfers
such firearm, device or attachment to another
person, has been so registered in the transferee's
name by the transferor.
(e) It shall be a defense that the defendant is
within an exemption.
Violation of this section is a Class B violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-152. Hostile demonstrations with
dangerous weapons.
e
It shall be unlawful for any person to make any
demonstration in a hostile manner with any dan-
gerous or deadly weapon against the person or
property of another; provided, that the provisions
of this section shall not apply to officers of the law
and their deputies in the performance of their
duties.
(Ord. No. 91-9475, ~ 1, 11-18-91)
.
Sec. 25-153. Confiscation, disposition of
weapons.
(a) Upon conviction of a violation of sections
25-151 or 25-152 of this article, any weapon
seized in connection therewith shall remain in the
custody of the municipal court.
(b) Any stolen weapon so seized and detained,
when no longer needed for evidentiary purposes,
shall be returned to the person entitled to posses-
sion, if known. All other confiscated weapons
when no longer needed for evidentiary purposes,
shall in the discretion of the municipal court, be
destroyed, preserved as city property or forfeited
to the law enforcement agency seizing the weapon.
All weapons forfeited to any law enforcement
agency may be donated to the department of
wildlife and parks or to the Kansas Bureau of
Investigation for law enforcement, testing, com-
parison or destruction by the Kansas Bureau of
Investigation Forensic Laboratory.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 93-
9603, ~ 1, 10-11-93)
e
Supp. No. 12
Sec. 25-154. Unlawful discharge of firearms.
Unlawful discharge offirearms is the discharg-
ing or firing of any gun, rifle, pistol, revolver or
other firearm within the city. This section shall
not be construed to apply to:
(1) The discharge of firearms by any duly
authorized law enforcement officer when
necessary in the discharge of his or her
official duties;
(2) The discharge of firearms in any licensed
shooting gallery;
(3) Firing squads for ceremonials; nor
(4) A legitimate gunsmith in pursuit of his or
her trade.
Unlawful discharge of firearms is a Class B
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-155. Air gun, air rifle, bow and ar-
row, slingshot or BB gun.
The unlawful operation of an air gun, air rifle,
bow and arrow, slingshot or BB gun is the shoot-
ing, discharging or operating of any air gun, air
rifle, bow and arrow, slingshot or BB gun, within
the city, except within the confines of a building or
other structure from which the projectiles cannot
escape.
Unlawful operation of an air gun, air rifle, bow
and arrow, slingshot or BB gun is a Class C
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-156. Seizure of weapon.
The chief of police of the city or his or her duly
authorized representative is hereby empowered
to seize and hold any air gun, air rifle, bow and
arrow, slingshot or BB gun used in violation of
section 25-155 of this article, and is further em-
powered to seize and hold as evidence pending a
hearing before a court of competent jurisdiction
any air gun, air rifle, bow and arrow, slingshot or
BB gun used in violation of section 25-155.
(Ord. No. 91-9475, ~ 1, 11-18-91)
1517
~ 25-157 SALINA CODE
Sec. 25-157. Unlawful aiding, abetting. Sec. 25-159. Unlawful failure to report a
wound.
It shall be unlawful for any person to conspire
to or aid and abet in the operation or discharging
or causing to be operated or discharged any air
gun, air rifle, bow and arrow, BB gun or slingshot
except as provided in section 25-155 within the
city, whether individually or in connection with
one (1) or more persons or as principal, agent or
accessory; and it is further unlawful for every
parent or guardian of a minor child who willfully
or knowingly permits or directs the operation or
discharge of any air gun, air rifle, bow and arrow,
BB gun or slingshot by such minor child within
the city except as provided in section 25-63 of this
article.
Violation of this section is a Class C violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-158. Creating a hazard.
Creating a hazard is:
(1) Storing or abandoning in any place acces-
sible to children, a container which has a
compartment of more than one and one-
half (1112) cubic feet capacity and a door or
lid which locks or fastens automatically
when closed and which cannot be easily
opened from the inside, and failing to
remove the door, lock, lid or fastening
device on such container; or
(2) Being the owner or otherwise having pos-
session of property upon which a cistern,
well or cesspool is located and knowingly
failing to cover the same with protective
covering of sufficient strength and quality
to exclude human beings and domestic
animals therefrom; or
(3) Exposing, abandoning or otherwise leav-
ing any explosive or dangerous substance
in a place accessible to children.
Creating a hazard is a Class B violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Supp. No. 12
Unlawful failure to report a wound is the
failure by an attending physician or other person
to report to the chief of police his or her treatment
of:
(1) Any bullet wound, gunshot wound, pow-
der bum or other injury arising from or
caused by the discharge of a firearm; or
(2) Any wound which is likely to or may
result in death and is apparently inflicted
by a knife, ice pick or other sharp or
pointed instrument.
Unlawful failure to report a wound is a Class C
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-160. Negligent storage of firearms.
(a) Any person who stores or leaves, on a
premises, in a vehicle, or at any location a loaded
or unloaded firearm, where it is reasonably fore-
seeable that a minor may gain access to the
firearm, shall keep the firearm in a securely
locked box, locked safe, locked rack, locked hard
case, locked soft case, locked drawer, locked cab-
inet, locked room (with a keyable lock or padlock),
locked vehicle, locked compartment within a ve-
hicle, or other locked container, or shall secure the
firearm by installing a trigger lock (unloaded
firearms only), or other similar device which
prevents the normal function and discharge of the
firearm. Such locking device shall be in addition
to any built-in safety features of the firearm. This
section shall not apply when a firearm is lawfully
being carried on a person's body or within such
close proximity as to be under the person's imme-
diate control.
(b) Any person violating the provisions of this
section shall be guilty of a misdemeanor if, as a
result thereof, a minor gains access to a firearm
and possesses such firearm in violation of K.S.A.
21-4201 and any amendments thereto; K.S.A.
Supp. 21-4203, 21-4203a, or 21-4204, and any
amendments thereto; or Chapter 25 of the Salina
Code of the City of Salina, Kansas, and any
1518
e
OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-171
.
amendments thereto; or Chapter 25 of the Salina
Code of the City of Salina, Kansas, and any
amendments thereto. This section shall not apply
if the minor obtains the firearm as a result of an
unlawful entry by any person.
(c) The following warning shall be conspicu-
ously posted in every place of business where
firearms are sold,
"It is unlawful to leave an unsecured firearm
on any premise or any location if it is foresee-
able that a minor may gain access to said
firearm."
The letters in the sign shall be block form not less
than one (1) inch in height.
Violation of this section is a Class B violation.
(Ord. No. 93-9600, ~ 2, 10-11-93)
e
Sec. 25-161. Inhaling toxic vapors.
(a) It shall be unlawful for any person to
knowingly inhale or breathe the fumes of any
substance having the property of releasing toxic
vapors, for the purpose of causing a condition of
intoxication, euphoria, excitement, exhilaration,
stupefaction, or dulled senses of the nervous sys-
tem, or to possess, buy, or use any such substance
for the purpose of violating or aiding another to
violate this section. However, this section does not
apply to the inhalation of anesthesia for medical
or dental purposes, when directed or prescribed
by a duly licensed physician, dentist or certified
registered nurse anesthetist.
(b) As used in this section, "any substance
having the property of releasing toxic vapors"
means and includes any glue, cement, paint,
gasoline, aerosol, drug or other substance or com-
bination of substances of whatever kind contain-
ing one (1) or more of the following chemical
compounds: acetone, an acetate, benzene, butyl
alcohol, ethyl alcohol, ethylene dichloride, isopropyl
alcohol, methyl alcohol, methyl ethyl ketone,
pentachlorophenol, petroleum ether, toluene or
any group of polyhalogenated hydrocarbons con-
taining fluorine and chlorine.
Inhaling toxic vapors is a Class A violation.
(Ord. No. 00-10010, ~ 1, 7-9-01)
.
e
Sees. 25-162-25-170. Reserved.
Supp. No. 16
ARTICLE X. OFFENSES AGAINST PUBLIC
MORALS
Sec. 25-171. Gambling, terms defined.
Definitions of gambling terms used in this
section shall be as follows:
(a) Bet. A bet is a bargain in which the parties
agree that, dependent upon chance, one stands to
win or lose something of value specified in the
agreement. A bet does not include:
(1) Bona fide business transactions which are
valid under the laws of contracts includ-
ing, but not limited to, contracts for the
purchase or sale at a future date of secu-
rities or other commodities, and agree-
ments to compensation for loss caused by
the happening of the chance including,
but not limited to, contracts of indemnity
or guaranty and life or health and acci-
dent insurance;
(2) Offers of purses, prizes or premiums to
the actual contestants in any bona fide
contest for the determination of skill, speed,
strength, or endurance or to the bona fide
owners of animals or vehicles entered in
such a contest;
(3) A lottery as defined in this section;
(4) Any bingo game by or for participants
managed, operated or conducted in accor-
dance with the laws of the state by an
organization licensed by the state to man-
age, operate or conduct games of bingo;
(5) A lottery operated by the state pursuant
to the Kansas lottery act; or
(6) Any system of parimutuel wagering man-
aged, operated and conducted in accor-
dance with the Kansas parimutuel racing
act.
(b) Lottery. A lottery is an enterprise wherein
for a consideration the participants are given an
opportunity to win a prize, the award of which is
determined by chance. As used in this subsection,
a lottery does not include a lottery operated by the
state pursuant to the Kansas lottery act.
1519
~ 25-171
SALINA CODE
(c) Consideration. Consideration means any-
thing which is a commercial or financial advan-
tage to the promoter or a disadvantage to any
participant. Consideration does not include:
(1) Mere registration without purchase of
goods or services; personal attendance at
places or events, without payment of an
admission price or fee; listening to or
watching radio and television programs;
answering the telephone or making a tele-
phone call and acts of like nature.
(2) Sums of money paid by or for participants
in any bingo game managed, operated or
conducted in accordance with the laws of
the state by any bona fide nonprofit reli-
gious, charitable, fraternal, educational
or veteran organization licensed to man-
age, operate or conduct bingo games un-
der the laws of the state and it shall be
conclusively presumed that such sums
paid by or for such participants to be for
the benefit of the sponsoring organiza-
tions for the use of such sponsoring orga-
nizations in furthering the purposes of
such sponsoring organizations;
(3) Sums of money paid by or for participants
in any lottery operated by the state pur-
suant to the Kansas lottery act; or
(4) Sums of money paid by or for participants
in any system of parimutuel wagering
managed, operated and conducted in ac-
cordance with the Kansas parimutuel rac-
ing act.
(d) Gambling device. A gambling device is a
contrivance which for a consideration affords the
player an opportunity to obtain something of
value, the award of which is determined by chance,
or any token chip, paper, receipt or other docu-
ment which evidences, purports to evidence or is
designed to evidence participation in a lottery or
the making of a bet. The fact that the prize is not
automatically paid by the device does not affect
its character as a gambling device.
(e) Gambling place. A gambling place is any
place, room, building, vehicle, tent or location
which is used for any of the following:
(1) Making and settling bets;
Supp. No. 16
(2) Receiving, holding, recording or forward-
ing bets or offers to bet;
(3) Conducting lotteries; or
(4) Playing gambling devices.
Evidence that the place has a general
reputation as a gambling place or that, at or
about the time in question, it was frequently
visited by persons known to be commercial
gamblers or known as frequenters of gambling
places is admissible on the issue of whether it
is a gambling place.
(f) Gambling. Gambling is:
(1) Making a bet;
(2) Entering or remaining in a gambling place
with intent to make a bet, to participate
in a lottery, or to playa gambling device.
Gambling is a Class B violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Cross reference-Gambling prohibited in carnivals, cir-
cuses and tent shows, ~ 6-17.
Sec. 25-172. Permitting premises to be used
for commercial gambling.
Permitting premises to be used for commercial
gambling is intentionally:
(1) Granting the use or allowing the contin-
ued use of a place as a gambling place;
(2) Permitting another to set up a gambling
device for use in a place under the offender's
control.
Permitting premises to be used for commercial
gambling is a Class B violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-173. Possession of a gambling de-
vice.
(a) Possession of a gambling device is know-
ingly possessing or having custody or control, as
owner, lessee, agent, employee, bailee or other-
wise of any gambling device.
(b) It shall be a defense to a prosecution under
this section that the gambling device is an an-
tique slot machine and that the antique slot
machine was not operated for gambling purposes
1520
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OFFENSES, MISCELLANEOUS PROVISIONS
~ 25-182
.
while in the owner's or the defendant's posses-
sion. A slot machine shall be deemed an antique
slot machine if it was manufactured prior to the
year 1950.
(c) It shall be a defense to a prosecution under
this section that the gambling device is possessed
or under custody or control of a manufacturer
registered under the federal gambling devices act
of 1962 (15 V.S.C. 1171 et seq.) or a transporter
under contract with such manufacturer with in-
tent to transfer for use:
(1) By the Kansas lottery or Kansas lottery
retailers as authorized by law and rules
and regulations adopted by the Kansas
lottery commission;
(2) By a licensee of the Kansas racing com-
mission as authorized by law and rules
and regulations adopted by the commis-
sion; or
(3) In a state other than the State of Kansas.
e
Possession of a gambling device is a Class B
violation.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Secs. 25-174-25.180. Reserved.
ARTICLE XI. VIOLATIONS, PENALTIES
Sec. 25.181. Classes of violations and con-
finement.
.
(a) For the purpose of sentencing, the follow-
ing classes of violations and the punishment and
the terms of confinement authorized for each
class are established:
(1) Class A, the sentence for which shall be a
definite term of confinement in the city or
county jail which shall be fixed by the
court and shall not exceed one (1) year;
(2) Class B, the sentence for which shall be a
defmite term of confinement in the city or
county jail which shall be fixed by the
court and shall not exceed six (6) months;
(3) Class C, the sentence for which shall be a
definite term of confinement in the city or
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SUpp. No. 16
county jail which shall be fixed by the
court and shall not exceed one (1) month;
(4) Unclassified violations, which shall in-
clude all offenses declared to be violations
without specification as to class, the sen-
tence for which shall be in accordance
with the sentence specified in the section
that defines the offense; if no penalty is
provided in such law, the sentence shall
be the same penalty as provided herein
for a Class C violation.
(5) Cigarette and tobacco infraction, a viola-
tion of section 25-84 of this chapter that
proscribes or requires the same behavior
as that proscribed or required by statu-
tory provision that is classified as a ciga-
rette and tobacco infraction in subsection
(m) or (n) of K.S.A. 79-3321 and amend-
ments thereto, the sentence for which
shall consist of a fine only. No confine-
ment is authorized by law.
(b) Vpon conviction of a violation, a person
may be punished by a fine, as provided in section
25-182 of this article, instead of or in addition to
confinement, as provided in this section.
(c) In addition to or in lieu of any other sen-
tence authorized by law, whenever there is evi-
dence that the act constituting the violation was
substantially related to the possession, use or
ingestion of cereal malt beverage or alcoholic
liquor by such person, the court may order such
person to attend and satisfactorily complete an
alcohol or drug education or training program
certified by the administrative judge of the judi-
cial district or licensed by the secretary of social
and rehabilitation services.
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9758, ~ 2, 8-26-96)
Sec. 25-182. Fines.
A person convicted of a violation may, in addi-
tion to, or instead of, the confinement authorized
by law, be sentenced to pay a fine which shall be
fixed by the court as follows:
(1) Class A violation, a sum not exceeding two
thousand five hundred dollars ($2,500.00).
1521
~ 25-182 SALINA CODE
(2) Class B violation, a sum not exceeding
one thousand dollars ($1,000.00).
(3) Class C violation, a sum not exceeding
five hundred dollars ($500.00).
(4) Unclassified violation, any sum autho-
rized by the section that defines the of-
fense. If no penalty is provided in such
law, the fine shall not exceed the fine
provided herein for a Class C violation.
(5) Cigarette and tobacco infraction, a sum of
twenty-five dollars ($25.00)
(Ord. No. 91-9475, ~ 1, 11-18-91; Ord. No. 96-
9758, ~ 2, 8-26-96)
Sees. 25-183-25-190. Reserved.
ARTICLE XII. MISCELLANEOUS
PROVISIONS
Sec. 25-191. Application; Kansas Criminal
Code.
The provisions of the Kansas Criminal Code
(K.S.A. 21-3101:4621, inclusive and amendments
thereto), which are in their nature applicable to
the jurisdiction of the city and in respect to which
no special provision is made by ordinance of the
city are applicable to this criminal code.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sec. 25-192. Severability.
If any provision of this code is declared uncon-
stitutional, or the application thereof to any per-
son or circumstance is held invalid, the constitu-
tionality of the remainder of the code and the
applicability thereof to other persons and circum-
stances shall not be affected thereby.
(Ord. No. 91-9475, ~ 1, 11-18-91)
Sees. 25-193-25-200. Reserved.
Supp. No. 16
1522
[The next page is 1559]
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Chapter 26
. OIL AND GAS.
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Art. I. In General, If 28-1-26-15
Art. II. Permit, II 28-16-26-26
ARTICLE I. IN GENERAL
Sec. 26-1. Rights of landowners.
Neither this chapter nor any permit issued here-
under shall be interpreted to grant any right or
license to the permittee to enter upon or occupy
in any respect, in the drilling or production oper-
ations, any land except by the written consent of
the owner; nor shall it limit or prevent the free
right of any landowner to contract for the amount
of royalty to be paid with respect to his own land.
(Code 1966, ~ 24-14)
Sec. 26-2. Removal of equipment required.
It shall be the duty of every person to whom a
permit may be issued as provided in this chapter,
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, and to see that the well is properly
plugged. If oil or gas is produced from such well,
then it shall be the duty of the holder of the
permit upon the completion of the drilling of the
well to remove all machinery, equipment and ma-
terial not necessary 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 pro-
duction 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 completion of the drilling of the well.
(Code 1966, ~ 24-15)
Sec. 26-3. Conveyance of oil out of city reo
quired; temporary storage; fencing
of excavations and slush ponds.
In operating under any permit issued under
this chapter, all oil, gas and water produced or
*State law reference-Oil and gas, K.S.A. Ch. 55.
arising from the operations, shall be piped or oth-
erwise conveyed or removed from the limits of the
city except the ordinary use of slush pond and the
temporary storage of not to exceed five hundred
(500) barrels of oil for each well; and all excava-
tions and slush ponds shall be completely enclosed
with six (6) foot woven wire fencing. The laying of
any pipe lines by any permittee shall be done
under the supervision of the city engineer. (Code
1966, ~ 24-16)
Sec. 26-4. Fencing of storage facilities.
(a) All crude petroleum tank batteries, includ-
ing but not limited to, receiving tanks, storage
tanks, catwalks and diked areas and all pump
jacks and motors shall be securely and perma-
nently fenced by a six (6) foot chain link 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 adapt-
able to opening only by key.
(b) Production of crude petroleum from subsur-
face within the city, except after strict compli-
ance, as a condition precedent, with the requi-
sites of this section, is hereby prohibited. (Code
1966, ~ 24-17)
Sees. 26-5-26-15. Reserved.
ARTICLE II. PERMIT
Sec. 26-16. Required.
It shall be Ulllawful for any person to commence
the drilling of a well for oil or gas within the city
limits 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 article. (Code 1966, ~
24-1)
1559
~ 26-17
SALINA CODE
Sec. 2~17. Application.
Before any permit shall be granted for the com-
mencement 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 (10) 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 royal-
ties 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 tract;
(3) Such application shall be accompanied by a
plat or map of such tract showing the pro-
posed location of the well, which location shall
in no instance be closer than three hundred
(300) feet of any boundary line of the tract
unless by the unanimous vote of the commis-
sioners but not upon any street or alley. Such
map shall show the location of each residence
upon the tract and all improvements;
(4) A drilling agreement providing adequate pro-
tection 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 rea-
sonable and adequate plan for the handling
of the slush, basin sediment and salt water
that may be produced in the drilling of the
well; and facilities for handling production to
the end that it may not be necessary to store
oil on the area in excess of five hundred (500)
barrels per well. Such agreement or agree-
ments shall make further provisions that in
the event the well is a dry hole, or nonpro-
ductive of either oil or gas, all materials, equip-
ment, 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 prac-
tical. (Code 1966, ~ 24-2)
Sec. 2~18. Bond or deposit.
A good and sufficient surety bond, signed by
the applicant for a drilling permit hereunder and
by a corporate surety authorized to do business in
the state, or a cash deposit in such amount as
deemed sufficient by the board of commissioners,
but in no event less than five thousand dollars
($5,000.00) shall be tendered to the board and
approved by the city clerk prior to the issuance of
a permit pursuant to the terms of this chapter,
conditioned upon faithful compliance with the terms
and conditions of this chapter, and further condi-
tioned upon saving and holding the city free and
harmless from any damage resulting to the city
as a result of drilling, pumping, repairing or other
operations by the permittee, the laying of pipe
lines, the setting of tanks or as result of moving
machinery and equipment over any street in the
city; provided, that the permittee or his or its
assigns shall pay the annual premium due upon
said surety bond within ten (10) days following
expiration of each year and file a receipt therefor
in the office of the city clerk. (Code 1966, ~ 24-3)
Sec. 2~19. Liability insurance.
Each permittee hereunder shall carry and main-
tain public liability insurance on each well or
group of wells, with limits of not less than the
maximum liability for claims which could be as-
serted against the city, for any number of claims
arising out of a single occurrence or accident under
the Kansas Tort Claims Act, as amended and
shall deposit proof of payment of renewal premi-
ums thereon with the city clerk. (Code 1966, ~
24-4)
Sec. 2~20. Issuance.
Upon the filing of an application for a drilling
permit, the same shall be considered by the board
of commissioners and if the board of commission-
ers shall deem such application adequate and the
drilling of the well not injurious to public or pri-
vate property, the same shall be granted. (Code
1966, ~ 24-6)
1560
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OIL AND GAS
~ 26-26
Sec. 26-21. Denial.
(a) 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 improve-
ments 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 disadvantage to the city and
to its inhabitants as a whole; provided, 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 applica-
tion is found by the board of commissioners to
comply in all respects with this chapter, the city
clerk shall be authorized to issue a permit for the
drilling of the well provided for.
(b) If a permit is denied, the filing fee shall be
refunded to the applicant. (Code 1966, ~~ 24-7,
24-8)
Sec. 26-22. Permit to specify location; drilling
elsewhere prohibited.
A drilling permit hereunder shall specify the
particular location of the well to be drilled, and it
shall be unlawful for the permittee to drill else-
where in the tract. (Code 1966, ~ 24-9)
Sec. 26-23. Applicant must 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 drilling contract from the owner giving the
owner's permission to drill the well. (Code 1966, ~
24-10)
Sec. 26-24. Duration.
No permit which shall be issued under this
article, 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 issu-
ance of the permit or as long thereafter as oil
and/or gas is produced from the tract. (Code 1966,
~ 24-12)
Sec. 26-25. Termination.
When a drilling 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 opera-
tions shall cancel the permit, and the well shall
be considered as abandoned for all purposes of
this chapter and it shall be unlawful thereafter to
continue drilling of such well without the issu-
ance of another permit. (Code 1966, ~ 24-11)
Sec. 26-26. Revocation.
Upon default by a permittee in complying with
any provisions of this chapter, the board of com-
missioners may revoke any permit hereunder, after
five (5) days' notice to the permittee by registered
mail. Thereupon the permittee shall cease and
desist from all operations under and pursuant to
any such permit. (Code 1966, ~ 24-13)
[The next page is 1611]
1561
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Chapter 27
PARKS AND RECREATION.
.
Art.
Art.
I. In General, U 27.1-27-15
ll. Park Regulations, U 27.16--27-18
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.Cross reference-Streets, sidewalks and other public places, Ch. 35.
State law reference-Public recreation and playgrounds generally, K.S.A. 12-1901 et seq.
Supp. No. 11
1611
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PARKS AND RECREATION
~ 27-18
ARTICLE I. IN GENERAL
.
Sees. 27-1-27-15. Reserved.
ARTICLE II. PARKS REGULATIONS.
e
Sec. 27-16. Closing hours of parks.
(a) Sunset and Bill Burke Parks within the city
shall be closed to the general public between the
hours of 11:00 p.m. and 5:00 a.m.
(b) Oakdale, Lakewood, Jerry Ivey, Indian Rock,
Kenwood (west of Kenwood Drive, area oflocomo-
tive only) and Centennial. Parks within the city
shall be closed to the general public between the
hours of 12:00 midnight and 5:00 a.m.
(c) No persons, other than law enforcement
officers, city employees engaged in city business,
or persons with a permit issued pursuant to
section 27-17 below, shall either enter or remain
within a park listed in subsections (a) and (b)
when the park is closed to the general public.
(Ord. No. 91-9439, ~ 1, 5-6-91; Ord. No. 93-9583, ~
1, 7-12-93)
Sec. 27-17. Permit system.
The city manager is authorized to adopt and
administer a permit system whereby persons ap-
plying for and obtaining such a permit shall have
access to a specific park for a specific program,
activity or event during such time as the park is
otherwise closed to the public.
(Ord. No. 91-9439, ~ 1, 5-6-91)
Sec. 27-18. Lakewood Lake boating limita-
tions.
Lakewood Lake shall be closed to the operation
of any motorized vessel under power of an inter-
nal combustion engine. "Vessel" shall include a
boat or any other recreational device designed for
operation in the water.
(Ord. No. 94-9636, ~ 1,6-6-94)
.
e
-Editor's note-Ord. No. 91-9439, ~ 2, adopted May 6.
1991, repealed Art. II. ~~ 27-16, 27-16.1, 27-16.2, and 27-17, in
its entirety. Former Art. II pertained to similar subject matter
and derived from the Code of 1966, ~~ 25-7-25-9. Ord. No.
90-9380, ~ I, adopted April 23, 1990. and Ord. No. 90-9407. ~
I, adopted Sept. 10, 1990.
[The next page is 16611
Supp. No. 11
1613
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Art. I.
Art. n.
Art. m
Art. Iv.
Art. V.
Art. VI.
Chapter 28
PEDDLERS AND SOLICITORS.
In General, U 28-1-28.10
Permit, U 28-11-28-25
Operating Regulations, n 28.26-28-40
Ice Cream Street Vendors, n 28-41-28.75
Div. 1. License, ~~ 28-41-28-50
Div. 2. Operating Regulations, ~~ 28-51-28-75
Suspension, Revocations, Appeals, U 28-76-28-85
Penalty, A 28-86
*Editor's note-Ord. No. 97-9798, adopted Apr. 4, 1997, repealed and replaced Ch. 28, ~~ 28-1-28-27 with new provisions,
designated as ~~ 28-1-28-3, 28-11-28-18, 28-26-28-31, 28-41-28-43, 28-51-28-67, 28-76-28-78 and 28-86. Prior to repeal,
Conner Ch. 28 pertained to similar subject matter as derived from Ord. No. 96-9740, ~ 1, adopted May 20,1996.
Cross reference-Licenses generally, Ch. 20.
Supp. No. 12
1661
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PEDDLERS AND SOLICITORS
~ 28-12
ARTICLE I. IN GENERAL
Sec. 28-1. Public purpose.
This chapter is intended to protect against
criminal activity, including fraud and burglary;
minimize the unwelcome disturbance of citizens
and the disruption of privacy; and to otherwise
preserve the public health, safety and welfare by
regulating, controlling and licensing door-to-door
peddlers, solicitors and ice cream street vendors.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-2. Definitions.
As used in this chapter, the words and phrases
herein defined shall have the following meanings
unless the context otherwise requires:
Goods means any goods, wares, foodstuffs, mer-
chandise or services offered for sale, whether or
not displayed. This does not include frozen dairy
and non-dairy desserts offered for sale by ice
cream street vendors.
Ice cream street vendor means a person who
travels by any type of vehicle, either motorized or
not, upon the improved portion of any street,
selling or offering for sale any single-serving
frozen dairy or non-dairy dessert.
Peddler means any person who goes upon the
premises of any private residence in the city, not
having been invited by the occupant thereof,
carrying or transporting goods, wares, merchan-
dise or personal property of any nature and offer-
ing the same for sale. This does not include ice
cream street vendors or businesses temporarily
located on private property who are required to
obtain a temporary use permit.
Peddling includes all activities ordinarily per-
formed by a peddler as indicated under the defi-
nition of "peddler" in this section.
Solicitor means any person who goes upon the
premises of any private residence in the city, not
having been invited by the occupant thereof, for
the purpose oftaking or attempting to take orders
for the sale of goods, merchandise, wares, or other
personal property of any nature for future deliv-
ery, or for services to be performed in the future.
Supp. No. 12
Soliciting includes all activities ordinarily per-
formed by a solicitor as indicated under the defi-
nition of "solicitor" in this section.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-3. Severability.
The provisions of this chapter are declared to
be severable. If any section, sentence, clause, or
phrase of the chapter shall for any reason be held
to be invalid or unconstitutional by a court of
competent jurisdiction, such decisions shall not
affect the validity of the remaining sections, sen-
tences, clauses, and phrases of this chapter, but
they shall remain in effect; it being the legislative
intent that this chapter shall remain in effect
notwithstanding the invalidity of any part.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sees. 28-4-28-10. Reserved.
ARTICLE ll. PERMITS
Sec. 28-11. Permit requirements and exemp-
tions.
It shall be unlawful for any person eighteen
(18) years of age or older to engage in peddling or
soliciting activities within the city without first
obtaining a permit issued by the city clerk.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-12. Permit for sponsoring juvenile
peddlers or solicitors.
(a) No person under the age of eighteen (18)
shall be permitted to engage in peddling or solic-
iting activities except as provided in this section.
(b) A permit shall be obtained by a sponsoring
person, company or organization for the conduct
of any peddling or soliciting activities involving;
in whole or in part, a sales force of one (1) or more
persons under eighteen (18) years of age.
(c) The sponsor shall be responsible for super-
vising and controlling the conduct of all persons,
including juveniles, peddling or soliciting under
the sponsor's permit.
(Ord. No. 97-9798, ~ 1, 4-4-97)
1663
~ 28-13
SALINA CODE
Sec. 28-13. Permit application.
Every person subject to the provisions of this
chapter shall file with the office of the city clerk
an application in writing on a form furnished by
that office, which shall provide the following
information:
(1) Proof of age, address and identification of
the applicant, to be provided through the
applicant's driver's license, or other le-
gally recognized form of identification;
(2) A brief description of the business or ac-
tivity to be conducted;
(3) The hours and location for which the
permit to engage in peddling or soliciting
is desired;
(4) If employed, the name, address and tele-
phone number of the employer; or if act-
ing as an agent, the name, address and
telephone number of the principal who is
being represented, with credentials in writ-
ten form establishing the relationship and
the authority of the employee or agent to
act for the employer or principal, as the
case may be;
(5) A statement as to whether or not the
applicant has been convicted of a felony,
misdemeanor or ordinance violation (oth-
er than traffic violations), the nature of
the offense or violation, the penalty or
punishment imposed, the date when and
place where such offense occurred, and
other pertinent details;
(6) Kansas sales tax number or proof of ex-
emption from the collection of Kansas
sales tax.
(7) Proof of possession of any license or per-
mit which the applicant is required to
have under state law in order to conduct
the proposed business.
(8) An acknowledgment of the applicant's fa-
miliarity with the Kansas Consumer Pro-
tection Act (K.S.A. 50-623 et seq.), includ-
ing the consumer's right to cancel a door-
to-door sale, as defined in the act, until
midnight of the third business day after
the day on which the consumer signs an
agreement or offer to purchase.
Supp. No. 12
(9) If any individual product or service is to
be offered for sale at a price of twenty-five
dollars ($25.00) or more, a copy of the
receipt or contract to be used by the
applicant in any door-to-door sale as re-
quired by KS.A. 50-640.
(10) An acknowledgment that the applicant is
aware and understands that to violate the
operating regulations set forth in this
article while either peddling or soliciting
is prohibited.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-14. Fees.
At the time the permit application is filed with
the office of the city clerk, the applicant shall pay
a fee established pursuant to section 2-2 of this
Code.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-15. Application review and permit
issuance.
Upon receipt of an application, the city clerk, or
the city clerk's authorized representative, shall
review the application as deemed necessary to
ensure the protection of the public health, safety
and general welfare. If the application is found to
be satisfactory, the city clerk shall, upon receipt of
the permit fee, issue the permit to the applicant.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-16. Denial of permit.
Upon the city clerk's review of the application,
the city clerk may refuse to issue a permit to the
applicant for either of the following reasons:
(1) If the application is incomplete; or
(2) If the information provides a reasonable
basis for determining that the public
health, safety, and welfare will be threat-
ened by issuance of a permit to the appli-
cant.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-17. Application of general rules re-
garding licenses.
Unless more specifically provided in this arti-
cle, the general rules regarding licenses contained
in Chapter 20 of this Code shall also apply to
permits issued pursuant to this article.
(Ord. No. 97-9798, ~ 1, 4-4-97)
1664
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PEDDLERS AND SOLICITORS
Sec. 28-18. Term of permit.
Any permit issued pursuant to this article shall
be for a term of the remainder of the calendar
year in which the permit is issued.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sees. 28-19-28-25. Reserved.
ARTICLE Ill. OPERATING REGULATIONS
Sec. 28-26. Identification badges.
At the same time the permit is issued, the city
clerk shall issue to each permittee a badge which
shall be worn by the permittee in such a way as to
be conspicuous at all times while the permittee is
soliciting or peddling in the city.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-27. Hours of peddling or soliciting.
No person shall engage in either peddling or
soliciting between the hours of 9:00 p.m. and 8:00
a.m.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-28. Primary entrance.
It shall be unlawful for any person while either
peddling or soliciting to knock, ring the doorbell,
or otherwise attempt to gain the attention of the
occupant(s) of the residence other than at the
primary entrance to the residence.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-29. Entry upon signed premises un-
lawful.
It shall be unlawful for any person while either
peddling or soliciting to knock, ring the doorbell,
or otherwise attempt to gain the attention of the
occupant(s) of a residence in the city where the
owner, occupant, or person legally in charge of the
premises has posted, at the primary entrance to
the premises, or at the entry to the principal
building on the premises, a sign bearing the
words "No Peddlers," "No Solicitors," or words of
similar import.
(Ord. No. 97-9798, ~ 1,4-4-97)
Supp. No. 12
~ 28-41
Sec. 28-30. Aggressive peddling or solicit-
ing prohibited.
It shall be unlawful for any person to engage in
peddling or soliciting in an aggressive manner. As
used in this section, "aggressive manner" means
either approaching a person present at the resi-
dence or continuing the peddling or soliciting
activity after the person has made a negative
response, whether before or after being invited
into the residence, in a manner that (1) is likely to
cause a reasonable person to fear imminent bodily
harm or the commission of a criminal act upon
property in the person's possession or in or about
the residence, or (2) is intended to or is likely to
intimidate the person into responding affirma-
tively to the peddling or soliciting activity. Aggres-
sive peddling or soliciting is a Class B misde-
meanor.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-31. Sales from vehicles on improved
public streets.
It shall be unlawful for any person to engage in
peddling or soliciting activities from any vehicle
while the vehicle is located upon the improved
portion of any street, avenue, boulevard or alley
within the city. This section shall not apply to the
following:
(1) The delivery of previously ordered mer-
chandise.
(2) The sale of ice cream from vehicles regu-
lated under Article IV of this chapter.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sees. 28-32-28-40. Reserved.
ARTICLE IV. ICE CREAM STREET
VENDORS
DMSION 1. LICENSE
Sec. 28-41. Licensing.
It is unlawful for any person to act as an ice
cream street vendor as defined by section 28-2
without first having obtained a license as pro-
vided by this division.
(Ord. No. 97-9798, ~ 1,4-4-97)
1665
~ 28-42
SALINA CODE
Sec. 28-42. Application.
Before the city shall issue any license required
by this division, the proposed licensee must com-
plete an application supplied by the city clerk.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-43. License fee.
The annual license fee, as prescribed in section
2-2, shall be paid at the time the application is
submitted to the city clerk's office. The fee shall
be refunded if no license is issued.
(Ord. No. 97-9798, ~ 1,4-4-97)
Secs. 28-44-28-50. Reserved.
DMSION 2. OPERATING REGULATIONS
Sec. 28-51. Liability insurance.
There shall be filed with the city clerk a certif-
icate of insurance covering all vehicles operated
under this article in such form as the city clerk
may deem proper, issued by an insurance com-
pany approved by the state insurance commis-
sioner and authorized to do business in the state,
insuring the public against injury, loss or damage
resulting to persons or property from the use,
maintenance and operation of any vehicle oper-
ated under this article for which such permit is
granted, in an amount of not less than fifty
thousand dollars ($50,000.00) for injury to any
one (1) person and an amount of not less than one
hundred thousand dollars ($100,000.00) for in-
jury to all persons injured in anyone (1) occur-
rence; and property damage not less than ten
thousand dollars ($10,000.00) per each occur-
rence.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-52. Operator's license required.
No person shall operate any vehicle under this
article unless the person is the holder of a valid
motor vehicle operator's license.
(Ord. No. 97-9798, ~ 1,4-4-97)
Supp. No. 12
Sec. 28-53. Unauthorized passengers.
No person, other than the authorized operator
of a vehicle and other persons expressly autho-
rized by the owner or lessee of a vehicle, shall be
in or upon said vehicle.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-54. Inspection of vehicle.
Each vehicle used in the operation of an ice
cream street vendor shall be required to pass an
annual inspection by the appropriate state or
local health agency artd the department of general
services before a license may be issued or re-
newed. Any vehicle that has been inspected by the
city within ninety (90) days prior to renewal need
not be reinspected.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-55. Hours of sale.
It is unlawful to operate a vehicle in the busi-
ness of an ice cream street vendor between 8:30
p.m. of each day and continuing until 10:00 a.m.
the following day.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-56. Routes.
It is unlawful for any vendor to sell or attempt
to sell along any particular route more than three
(3) times during a twenty-four-hour period.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-57. Sales near schools.
It is unlawful for a transaction to occur within
one hundred twenty-five (125) feet from the bound-
aries of public or private school property for a
period commencing thirty (30) minutes before the
regular school day of any such school and continu-
ing until thirty (30) minutes after the adjourn-
ment of the regular school day of any such school.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-58. Speed of vehicle.
It is unlawful for any such vehicle to exceed a
speed of fifteen (15) miles per hour when cruising
neighborhoods seeking sales or when attempting
to make a sale.
(Ord. No. 97-9798, ~ 1,4-4-97)
1666
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PEDDLERS AND SOLICITORS
~ 28-76
Sec. 28-59. U-turns.
.
It is unlawful for any such vehicle to make a
U-turn on any block.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-60. Driving backwards.
It is unlawful for any such vehicle to drive
backwards to make or attempt any sale.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-61. Sound devices.
e
No sound device or bell shall be allowed or used
by any such vehicle except that amplified music
or chimes are allowed provided that such are not
audible any distance greater than three hundred
(300) feet and that they be turned off when the
vehicle is stationary for the purpose of making
sales or otherwise; provided, that the use of
amplified music or chimes is prohibited before
10:00 a.m. and after 8:30 p.m. of each day.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-62. Marking and lighting on vehicle.
It is unlawful for any such vehicle to be oper-
ated unless there is clearly marked upon such
vehicle a prominent sign visible to both the front
and rear with the wording "Caution Children,"
and one or more flashing amber caution lights
visible from front, rear and both sides.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-63. Parking to dispense products.
.
It is unlawful for an operator to stop, stand or
park such vehicle in any street, alley, avenue,
boulevard or sidewalk or other public right-of-
way for the purpose of dispensing its products to
customers, so as to obstruct the free flow of traffic
in the street; provided that an operator may stop,
stand or park such vehicle with its right wheels
next to the curb, but that no vehicle will remain
standing in anyone location for a period exceed-
ing ten (10) minutes.
(Ord. No. 97-9798, ~ 1,4-4-97)
e
Supp. No. 12
Sec. 28-64. Selling near an intersection.
It is unlawful for the operator of any such
vehicle to dispense its products within fifty (50)
feet of any street intersection.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-65. Vehicle stationary during sale.
Every vehicle shall be stationary while in the
process of selling or dispensing its products while
upon a public street, alley, avenue, boulevard or
other public right-of-way within the city.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-66. Sales from vehicle.
It is unlawful for any operator to sell to any
person who is standing in the street. All sales
must occur on the side of the vehicle next to the
curb.
(Ord. No. 97-9798, ~ 1, 4-4-97)
Sec. 28-67. Sales in public parks.
It is unlawful for any such vehicle to operate or
its operator to dispense products while located in
any public park of the city or public parking lot
within the city.
(Ord. No. 97-9798, ~ 1,4-4-97)
Secs. 28-68-28-75. Reserved.
ARTICLE ~ SUSPENSION, REVOCATION,
APPEALS
Sec. 28-76. Permit and license suspension
or revocation.
Any permit or license issued under this chapter
may be revoked or suspended by the city man-
ager, after notice and hearing, for any of the
following reasons:
(1) Fraud, misrepresentation or false state-
ment contained in the application for a
permit or license;
(2) Fraud, misrepresentation or false state-
ment made by the permittee in the course
of peddling, soliciting or vending;
1667
~ 28-76
SALINA CODE
(3) Peddling, soliciting or vending in viola-
tion of this chapter or contrary to the
provisions contained in the permit or li-
cense;
(4) Conviction for any crime involving moral
turpitude; or
(5) Peddling, soliciting or vending in such a
manner as to create a public nuisance,
constitute a breach of the peace, endanger
the health, safety or general welfare of
the public, or otherwise in violation of
local, state or federal law.
The city manager may immediately suspend
any permit or license, pending the suspension or
revocation hearing, if the public health, safety, or
welfare is best served by such a temporary sus-
pension.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-77. Notice and hearing.
Notice of a hearing for suspension or revocation
of a permit or license issued pursuant to this
chapter shall be provided in writing and shall set
forth specifically the grounds for the proposed
suspension or revocation and the time and place
of the hearing. Notice shall be mailed, postage
prepaid, to the permittee or licensee at the ad-
dress shown on the permit application or at the
last known address of the permittee or licensee.
(Ord. No. 97-9798, ~ 1,4-4-97)
Sec. 28-78. Appeals.
(a) Any person aggrieved by the decision of the
city clerk to deny a permit or license applied for
under this article shall have the right to appeal
the decision to the city manager within ten (10)
days after the notice of the decision has been
mailed to the person.
(b) Any person aggrieved by the action or de-
cision of the city manager to deny, suspend or
revoke a permit applied for under this article
shall have the right to appeal such action or
decision to the board of city commissioners within
(10) days after the notice of the action or decision
has been mailed to the person.
Supp. No. 12
(c) An appeal to either the city manager or
board of city commissioners shall be taken by
filing with the city clerk a written statement
setting forth the grounds for the appeal.
(d) A hearing shall be set not later than ten
(10) working days from the date of receipt of the
appellant's written statement.
(e) Notice of the time and place of the hearing
shall be given to the appellant in the same man-
ner as provided for the mailing of notice of action
or decision.
(f) The decision of the board of city commis-
sioners on the appeal shall be final and binding on
all parties concerned.
(Ord. No. 97-9798, ~ 1,4-4-97)
Secs. 28-79-28-85. Reserved.
ARTICLE VI. PENALTY
Sec. 28-86. Penalty.
Unless otherwise stated, any person violating
any of the provisions of this chapter is guilty of a
misdemeanor and upon conviction thereof shall
be punished as provided by section 1-10.
(Ord. No. 97-9798, ~ 1,4-4-97)
[The next page is 1711]
1668
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PLANNING.
Chapter 29
Art. I. In General, II 29-1-29-15
Art. II. City Planning Commission, II 29-18-29-35
Art ilL North Central Regional Planning Commission, II 29-38-
29-42
ARTICLE I. IN GENERAL
Sec. 29-1. Application fees.
(a) Every planning or zoning application or re-
quest filed with the city for the following services:
Conditional use permit (exception)
Appeal
Variance
Text amendment of zoning ordinance
Street name change
Annexation
Other planning or zoning requests, except those
specified in subsection (b)
shall be accompanied by such fee as determined
by resolution of the city adopted pursuant to sec-
tion 2-2.
(b) The fees to be charged for services rendered
in connection with planned development districts,
amendments to the zoning district map, subdivi-
sion or platting of property shall be based upon
costs incurred by the city in processing applica-
tions for these activities. The city manager shall
cause accurate records to be kept for city costs
incurred for salaries, employee benefits, postage
and advertising. The applicant shall be required
to pay to the city the cost incurred prior to the
application being placed on the planning commis-
sion or city commission agenda. Such costs may,
at the city manager's discretion, include prelimi-
nary discussions with the applicant prior to for-
mal filing of an application.
(c) The city manager is authorized to adopt ad-
ministrative procedures, including a deposit, to
implement the intent of this section. (Ord. No.
81-8882, U 1, 2, 10-19-81)
Sees. 29-2-29-15. Reserved.
ARTICLE II. CITY PLANNING
COMMISSION.
Sec. 29-16. Created.
There is hereby created a COmmISl!llOn to be
known as the city planning commission of the
City of Salina. (Code 1966, ~ 27-1)
State law reference-Authority to create city planning
commission, K.S.A. 12-701.
Sec. 29-17. Composition; appointment.
The city planning commission shall consist of
nine (9) electors of which number, two (2) mem-
bers shall reside outside of, but within three (3)
miles of the corporate limits of the city and all of
the remaining members shall be residents of the
city. All members shall be appointed by the mayor,
by and with the consent of the board of commis-
sioners. (Code 1966, ~ 27-2)
State law reference-Similar provisions, K.S.A. 12-702.
Sec. 29-18. Terms.
The members of the city planning commission
first appoin.ted shall serve respectively for terms
-Cross references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
-Crosa references-Administration, Ch. 2; buildings and structural appurtenances, Ch. 8; economic development, Ch. 11;
mobile homes and trailers, Ch. 22; public utility, Ch. 31; streets, sidewalks and other public places, Ch. 35; subdivision regula-
tions, Ch. 36; water and sewers, Ch. 41; zoning regulations, Ch. 42.
State law reference-Planning and zoning, K.S.A. 12-701 et seq.
1711
S 29-18
SALINA CODE
of one year, two (2) years and three (3) years;
thereafter members shall be appointed for terms
of three (3) years each. (Code 1966, ~ 27-2)
State law reference-Similar provisions, K.S.A. 12-702.
Sec. 29-19. Vacancies.
Vacancies on the city planning commission shall
be filled by appointment for the unexpired term
only. (Code 1966, ~ 27-2)
State law reference-Similar provisions, K.S.A. 12-702.
Sec. 29-20. Compensation.
Members of the city planning commission shall
serve without compensation for their services. (Code
1966, ~ 27-2)
State law reference-Similar provisions, K.S.A. 12-702.
Sec. 29-21. Powers and duties.
The city planning commission shall have those
powers and duties as specified in Article 7 of Chap-
ter 12 of the Kansas Statutes Annotated and
amendments thereto. (Code 1966, ~ 27-3)
Sec. 29-22. Application fees.
Every application for a zoning certificate, occu-
pancy certificate and variance, conditional use
permit, filing of a notice of appeal, map amend-
ment (rezoning), zoning text amendment, prelim-
inary' or final plat approval, annexation, street
name change or any other request or application
to the planning commission shall be accompanied
by the fee as prescribed in section 2-2. (Code 1966,
~ 27-4)
Secs. 29-23-29-35. Reserved.
ARTICLE III. NORTH CENTRAL
REGIONAL PLANNING
COMMISSION.
Sec. 29-36. Created.
There is hereby created the North Central Re-
gional Planning Commission in Cloud, Ellsworth,
Jewell, Lincoln, Ottawa, Mitchell, Republic, Sa-
*erou references-Administration, Ch. 2; boards and com-
missions generally, ~ 2-136 et seq.
State law reference-Area planning, K.S.A. 12-716 et seq.
line, and Washington Counties, Kansas. (Code
1966, ~ 27-91)
Sec. 29-37. Membership.
Any incorporated city or county government
within Cloud, Ellsworth, Jewell, Lincoln, Otta-
wa, Mitchell, Republic, Saline and Washington
Counties is eligible for membership in the North
Central Regional Planning Commission upon pas-
sage of an appropriate ordinance or resolution
and acceptance by the commission. Each city shall
be represented by its mayor or his designee from
the governing body or official responsible to the
governing body. Each county shall be represented
by the chairman of the board of county commis-
sioners or his designee from the commission. Each
county may appoint by majority vote of each board
of county commissioners representatives from spe-
cial interest groups and/or minority groups located
within the counties. Representatives appointed
shall serve at the pleasure of the board of county
commissioners. All members shall continue to hold
office until their successors are duly appointed
and qualified. (Code 1966, ~ 27-92)
Sec. 29-38. Compensation.
All members of the North Central Regional Plan-
ning Commission shall serve without compensa-
tion. (Code 1966, ~ 27-93)
Sec. 29-39. Meetings.
Meeting of the North Central Regional Plan-
ning Commission shall be held at least once each
three (3) months on a date determined by the
commission. Special meetings may be called by
the chairman, or the vice chairman in the ab.
sence of the chairman, or as otherwise provided,
upon at least twenty-four (24) hours notice. All
meetings of the commission shall be open to the
public. (Code 1966, ~ 27-94)
Sec. 29-40. Functions, duties and powers.
The North Central Regional Planning Commis-
sion shall have all the functions, duties and pow-
ers as provided in K.S.A. Sections 12-716 to 12-721
inclusive, as amended. The general purpose of the
North Central Regional Planning Commission shall
be to make those studies and plans for the devel-
1712
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.
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.
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PLANNING
opment of the region, eliminate planning dupli-
cation and promote economy and efficiency in the
coordinated development of the region and the
general welfare and prosperity of its people. These
plans may include, but shall not be limited to
recommendations for sanitary sewage and solid
waste disposal systems, airports, parks, and ~
reational areas, public institutions, prevention
of blighted conditions, regulatory codes and gen-
eral capital improvement programs. (Code 1966,
~ 27-95)
Sec. 29-41. Rules.
The North Central Regional Planning Commis-
sion shall adopt bylaws, including rules for the
transaction of commission business, which shall
include, but not be limited to:
(1) Membership;
(2) Officers;
5 29-42
(3) Meetings and voting;
(4) Organization of the commission;
(5) Staff and budget;
(6) Sharing of costs.
(Code 1966, ~ 27-96)
Sec. 29-42. Separability.
If this article, or any part thereof, shall be held
or determined to be unconstitutional, illegal,
ultravires or void, the same shall not be held or
construed to change or annul any provision hereof
which may be legal or lawful; and in the event
this article or any part thereof, shall be held un-
constitutional, illegal, ultravire or void, the same
shall not affect any action heretofore taken by
the North Central Regional Planning Commission
as heretofore established and constituted. (Code
1966, ~ 27-97)
[The next page ia 1763]
1713
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Chapter 30
POLICE.
Art.
I. In General, ~~ 30.1-30-15
Div. 1. Canine Operations, ~~ 30.1-30.15
II. Merchant or Private Policeman, ~~ 30-16-30-46
Div. 1. Generally, ~~ 30-16-30-35
Div. 2. License and Permit, ~~ 30-36-30-46
Art.
.Cross references-Administration, Ch. 2; municipal court, Ch. 23; offenses and miscellaneous provisions, Ch. 35; traffic and
motor vehicles, Ch. 38; payment upon retirement to certain members of the police department, App. A, Charter Ord. No. 15.
Supp_ No.9
1763
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ARTICLE I. IN GENERAL
DIVISION 1. CANINE OPERATIONS
Sec. 30.1. Canine corps.
Any dog used by the city, whether owned, leased,
rented or borrowed for the purpose of performing
duties with the police department of the city, shall
be commissioned as a member of the canine corps
and shall perform such duties as may be desig-
nated by the chief of police or the officer in charge
of such unit who has been delegated the respon-
sibility for the handling and supervision of such
animal.
(Ord. No. 89-9330, ~ 1,8-7-89)
Sec. 30.2. Abuse prohibited.
It shall be unlawful for any person to strike,
hit, beat, abuse, tease, harass, pet or assault any
dog being used by the city for the purpose of per-
forming the duties of a police dog regardless of
whether the dog is on or off duty.
(Ord. No. 89-9330, ~ 1,8-7-89)
Sec. 30-3. Interference prohibited.
It shall be unlawful for any person to interfere
with a dog being used by the police department or
attempt to interfere with the handler of the dog in
such a manner as to inhibit, restrict or deprive
the handler of his or her control of the dog.
(Ord. No. 89-9330, ~ 1, 8-7-89)
Sees. 30.4-30.15. Reserved.
ARTICLE n. MERCHANT OR PRIVATE
POLICEMAN
DIVISION 1. GENERALLY
Sec. 30.16. Definitions.
The following words and phrases, when used in
this article, shall have the meaning, unless the
Supp. No.9
POLICE
~ 30-18
context clearly indicates a different meaning, re-
spectively ascribed to them as follows:
(1) License shall mean a certificate granting
permission for a person to operate a mer-
chant police service.
(2) Merchant police service shall mean any
person engaged for hire in the business of
guarding, watching, patrolling or otherwise
attempting to provide security. for the real
or personal property of another person; pro-
vided, however, that a bona fide employee
of a person or firm shall not be considered
as engaged in a security business.
(3) Merchant policeman shall mean any indi-
vidual who is employed by a merchant po-
lice service to guard, watch, patrol or oth-
erwise attempt to provide security for the
real or personal property of another person.
(4) Permit shall mean a certificate granting
permission for an individual who is em-
ployed by a merchant police service to op-
erate as a merchant policeman.
(Code 1966, ~ 28-48)
Cross reference- Definitions and rules of construction gen-
erally, !} 1-2.
Sec. 30.17. Uniforms.
Uniforms, if any, worn by agents or employees
of merchant police service licensees while em-
ployed within the city will be of a color different
from those worn by officers of the police depart-
ment.
(Code 1966, ~ 28-59)
Sec. 30.18. Marking of vehicles.
No vehicle used by a merchant police service or
merchant policeman while performing the duties
for which he is licensed or for which he has ob-
tained a permit under this article shall be marked
with identifying insignia similar in color or de-
sign to those used by the police department of the
city or any other governmental law enforcement
agency.
(Code 1966, ~ 28-66; Ord. No. 91-9448, ~ 1,6-17-91)
State law reference-Vehicle to be registered in the state,
K.S.A. 12-1679.
1764.1
~ 30-19
SALINA CODE
Sec. 30-19. Reserved.
Editor's note-Sections 2, 3 of Ord. No. 91-9448, adopted
June 17, 1991,repealed ~ 30-19 which pertained to radio equip-
ment in vehicles and derived from the Code of 1966, ~ 28-67.
Sec. 30.20. Use of red lights and sirens pro-
hibited.
Any vehicle used by a merchant police service
or merchant policeman while performing the du-
ties for which he is licensed or for which he has
obtained a permit under this article shall not op-
erate any flashing red lights or sirens, if any,
equipped on the vehicle within the city.
(Code 1966, ~ 28-68)
Sec. 30.21. Reserved.
Editor's note-Sections 2, 3 of Ord. No. 91.9448, adopted
June 17, 1991, repealed ~ 30.21 which pertained to right to
carry concealed firearms and derived from the Code of 1966, ~
28-60.
Sec. 30-22. Change in personnel.
(a) Whenever an agent or employee of a mer-
chant police service is discharged, or resigns, for
any reason, his employer shall immediately no-
tify the city clerk of such fact. The city clerk shall
forward a copy of the notification to the chief of
police. The employer shall notify the police de-
partment of the reasons for dismissal, or resigna.
tion, and such information shall be kept confiden-
tial.
(b) When an agent or employee of a merchant
police service is dismissed, or resigns, he shall
forthwith surrender his permit and his identifica.
tion card issued to him to his employer which shall
forward the same to the chief of police. In the
event the person surrendering the permit and iden-
tification card is reemployed during the remainder
of the year, the identification card and permit may
be reissued to him without charge.
(Code 1966, ~ 28-62)
Sec. 30.23. Reserved.
Editor's note-Sections 2, 3, of Ord. No. 91-9448, adopted
June 17, 1991, repealed ~ 30.23 which pertained to reporting
change of vehicles and derived from the Code of 1966, ~ 28-63.
Supp. No.9
Sec. 30.24. Change of business address.
Any licensee changing place of business or abode
shall immediately notify the city clerk of such
fact, together with the new address of the new
place of business or abode. The city clerk shall
forward a copy of the notification to the chief of
police.
(Code 1966, ~ 28-64)
Sec. 30-25. Unlawful acts.
It shall be unlawful for any licensee or per-
mittee to:
(1) Hinder or interfere with any investigation
under the jurisdiction of the police depart-
ment;
(2) Fail to report immediately to the police de-
partment violations of city, state or federal
laws which constitute felonies or breach of
peace coming to his attention; provided, this
section shall not apply to those violations
coming to the attention of the licensee or
permittee while on his client's business for
which the client does not wish to pursue;
(3) Draw or discharge a firearm in the perfor-
mance of his duties except when necessary
to protect himself or someone else from
great bodily harm;
(4) Fail to notify the police department of any
arrests and fail to turn such person over to
the police department; provided, the lic-
ensee or permittee, upon refusal to the po-
lice department to take custody of the sub-
ject, may turn the individual over to any
law enforcement agency having legal juris-
diction;
(5) Represent himself to be a member of the
police department;
(6) Willfully suppress facts that pertain to any
violation of city, state or federal law.
(Code 1966, ~ 28-61)
Sees. 30.26-30-35. Reserved.
1764.2
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DIVISION 2. LICENSE AND PERMIT*
Sec. 30-36. Required.
(a) No person shall provide or engage in a busi-
ness which provides merchant police service within
the city unless such person shall possess a valid
license from the city to engage in such business.
(b) No individual shall perform any service within
the city as a merchant policeman unless such
individual shall have in his possession a valid
permit from the city to perform such service. (Code
1966, ~ 28-49)
Sec. 30-37. In addition to other licenses or
permits.
This article is intended to be in addition to all
other licenses and permits, or other law enforce-
ment authority vested in persons by the state,
county or the city and it shall not be a defense to
the failure to secure a license or permit that the
person had such other authority. (Code 1966, ~
28-56)
Sec. 30-38. license application.
Any person desiring to obtain a merchant po-
lice service license shall submit to the city clerk,
in writing on a form provided by the city clerk,
containing the following information:
(1) Name, address, date of birth and social se-
curity number of person that will engage
in providing such merchant police service;
(2) Name, address, date of birth and social se-
curity number of all officers, directors and
other persons active in the management of
the business entity which will provide such
merchant police service;
(3) A description of all vehicles to be used in
providing such service, including the vehi-
cle registration numbers thereof;
(4) A description of the nature and type of bus i-
ness to be conducted;
(5) The service to be offered, and the area ex-
pected to be covered in the conduct of the
business;
-eross reference-Licenses generally, Ch. 20.
POLICE
~ 30-39
(6) A statement of the number of persons to be
employed by the service;
(7) A description of all weapons registered to
the applicant;
(8) With respect to each person active in the
day-to-day management of the merchant
police service, one recent photograph, his
fingerprints, and history of his employment
for the five (5) years immediately preced-
ing the date of this application;
(9) A statement as to whether or not the ap-
plicant has been convicted of any felony,
misdemeanor, or ordinance violation, the
nature of the offense, the penalty or pun-
ishment imposed, and the date and place
where such offense occurred;
(10) A statement as to whether or not the ap-
plicant has ever had a judgment or convic-
tion for fraud, deceit, or misrepresentation
entered against him, and if so, the details
thereof;
(11) Such other information as the chief of po-
lice may reasonably deem necessary. (Code
1966, ~ 28-50)
Sec. 30-39. Permit application.
(a) Any person desiring to obtain a merchant
police permit shall submit to the city clerk, in
writing on a form provided by said city clerk, the
following information:
(1) Name, address, date of birth and social secu-
rity number;
(2) One recent photograph, his fingerprints, and
a history of his residence and employment
for the five (5) years immediately preced-
ing the date of this application;
(3) The name and address of the company, cor-
poration, firm or person by whom applicant
will be employed;
(4) If the applicant wi,ll use his own vehicle in
the course of acting as a merchant police-
man, a description of such vehicle includ-
ing the vehicle registration number thereof; .
(5) A description of all weapons registered to
the applicant;
1765
fi 30-39
SALINA CODE
(6) A statement as to whether or not the ap-
plicant has been convicted of any felony,
misdemeanor or ordinance violation, the
nature of the offense, the penalty or pun-
ishment imposed, and the date and place
where such offense occurred;
(7) A statement as to whether or not the ap-
plicant has ever had a judgment or convic-
tion for fraud, deceit of misrepresentation
entered against him, and if so, the details
thereof;
(8) Such other information as the -chief of po-
lice may reasonably deem necessary.
(b) No permit shall be issued to any person to
perform security service as a merchant policeman
unless application therefor has been approved by
the employer who is the holder of a valid mer-
chant police service license. (Code 1966, ~ 28-51)
Sec. 30-40. Approval or disapproval of ap-
plications.
(a) Every application for a license or a permit
shall be submitted to the chief of police for ap-
proval or disapproval and no applicant shall re-
ceive a license or permit unless his application is
approved.
(b) The chief of police may disapprove an appli-
cation for a merchant police permit if he finds
that the applicant:
(1) Is less than eighteen (18) years of age;
(2) Is not of good moral character;
(3) Has been convicted of a felony, misdemeanor,
ordinance violation, or crime involving moral
turpitude or of illegally using, carrying, or
possessing a dangerous weapon;
(4) Has made any false statement, given any false
information, or failed to declare a material
fact in connection with an application for a
permit or a renewal or reinstatement thereof;
(5) Is not employed by a merchant police service
licensed under this division;
(6) Fails to meet such other requirements as may
be established by regulations of the chief of
police.
(c) The chief of police may disapprove an appli-
cation for a merchant police license if the appli-
cant does not meet the standards set in subsec-
tion (bX2), (3), (4) and (6) of this section, or if any
director, officer, or other person active in the man-
agement of the merchant police service does not
meet the standards set by subsection (bX2), (3), (4)
and (6) of this section.
(d) If the chief of police shall disapprove any
application, he shall give the reasons in writing,
file the same with the city clerk, and mail a copy
to the applicant. The applicant may appeal such
disapproval by filing a written notice thereof with
the city clerk within thirty (30) days after the
chief of police files his written statement of rea-
sons for disapproval. A hearing on such appeal
shall be held by the board of city commissioners
no more than forty-five (45) days after the appli-
cant files such notice of appeal. The board of com-
missioners may reverse or affirm the decision of
the chief of police. (Code 1966, ~ 28-52)
Sec. 30-41. Insurance.
All merchant police service business licensees
shall carry public liability insurance, with limits
of not less than the maximum liability for claims
which could be asserted against the city, for any
number arising out of a single occurrence or acci-
dent under the Kansas Tort Claims Act, as amend-
ed. The surety shall be approved as to form by the
city attorney. It shall be the licensee's responsi-
bility to determine that its insurance carrier has
notified the city clerk of any lapse or cancellation
in coverage within ten (10) days of notification to
the insured. (Code 1966, ~ 28.57)
Sec. 30-42. Bond.
The applicant for license hereunder shall file a
bond by a surety authorized to do business in the
state in the sum of ten thousand dollars ($10,000.00)
conditioned that the 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
city from all liability for any injury to persons or
property which the principal, his agent, servant
or employee may cause by reason of engaging in
1766
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the business of merchant police service. Such
bond shall be approved as to form by the city
attorney.
(Code 1966, ~ 28-65)
Sec. 30-43. License fee.
The fee for a merchant police service license
shall be as prescribed in section 2-2.
(Code 1966, ~ 28-53)
Sec. 30-44. Permit fee, term, expiration.
(a) The fee for a merchant police permit shall
be as prescribed in section 2-2.
(b) Application for renewal may be made thirty
(30) days prior to the expiration date.
(c) All permits shall expire on December thirty-
first of each year.
(d) Permit fees are not refundable upon can-
cellation during a calendar year.
(e) Permits are not transferable nor assignable
under this division.
(Code 1966, ~ 28-54)
Sec. 30-45. Identification cards.
The city clerk shall issue an identification card
to each applicant which shall be carried at all
times while on duty as a merchant policeman.
The identification card shall include information
as deemed necessary by the city manager.
(Code 1966, ~ 28-58; Ord. No. 96-9756, ~ 1, 8-19-
96)
Sec. 30-46. Revocation or suspension.
The board of commissioners shall have the
authority to revoke or suspend any license or
permit granted pursuant to this division for vio-
lation of any federal or state statute, city ordi-
nance, for falsification of application documents,
for violation of any provisions of this article, or for
any act committed by a licensee or permittee.
which is deemed by the board of commissioners to
make the licensee or permittee unfit to handle the
responsibilities of such license or permit upon
request. Suspension period shall be for a maxi-
mum of sixty (60) days. In cases of revocation or
suspension of the license or permit, a hearing
Supp. No. 12
POLICE
~ 30-46
shall be held by the board of commissioners, and
the licensee or permittee may present any evi-
dence or be heard with respect to the allegations
contained in the request for revocation or suspen-
sion.
(Code 1966, ~ 28-55)
[The next page is 1817]
1767
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Chapter 31
.
PUBLIC UTILITIES.
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.Cro88 reference_Administration, Ch. 2; posting on utility poles, ~ 3-3; buildings and structural appurtenances, Ch. 8;
health and sanitation, Ch. 17; housing, Ch. 18; mobile homes and trailers, Ch. 22; planning, Ch. 29; solid waste, Ch. 34; streets,
sidewalks and other public places, Ch. 35; water and sewers, Ch. 41; special fund for paying utility cost, App. A, Charter ord. no.
17; franchises, App. B.
Supp. No. 13
1817
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PUBLIC UTILITIES
f 31-10
Sec. 31-1. Reserved.
.
Editor'. not.-Section 2 of Ord. No. 97-9808, adopted
June 9, 1997, repealed f 31-1 in its entirety. Formerly, f 31-1
pertained to tampering with electric or gas meters, etc., and
derived from f 30-1 of the 1966 Code.
Sec. 31-2. Reserved.
Editor'. note-Section 2 of Ord. No. 97-9808, adopted
June 9, 1997, repealed f 31-2 in its entirety. Formerly, f 31-2
pertained to taking gas or current not passing through meter
and derived from f 30-2 of the 1966 Code.
Sec. 31-3. Reserved.
Editor'. note-Section 2 of Ord. No. 97-9808, adopted
June 9, 1997, repealed f 31-3 in its entirety. Formerly, f 31-3
pertained to unlawful device as prima facie evidence against
customer and derived from f 30-3 of the 1966 Code.
e
Sec. 31-4. Company's right of entry and in-
spection.
The servants and employees of every company
or corporation supplying gas or electric current to
the city or its inhabitants shall have the right at
all 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 meters to 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 reason-
able hours by any consumer at meter rates shall
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.
(Code 1966, ~ 30-4)
Sec. 31-5. Reserved.
Editor's note-Section 2 of Ord. No. 97-9808, adopted
June 9, 1997, repealed f 31-5 in its entirety. Formerly, f 31-5
pertained to tampering with cable TV and derived from f 30-5
of the 1966 Code.
.
Sec. 31-6. Discontinuing service if gas or
electricity, fraudulently taken.
The individual company or corporation supply-
ing gas or electric current will not be bound to
e
Supp. No. 13
furnish either gas or electric current to the person
convicted of fraudulently taking gas or electric
current.
(Code 1966, ~ 30-6)
Sec. 31-7. Painting of poles.
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 and used in any way by the public service
companies or corporations doing business in the
city, to keep such poles painted to the satisfaction
of the city manager.
(Code 1966, ~ 30-7)
Sec. 31-8. Poles prohibited in certain dis-
trict.
It shall be unlawful for any person to set or
erect any telegraph or telephone poles or pole line
or cable television poles or pole line in any street,
avenue or alley in the city within that part of the
city lying between North Street on the north,
South Street on the south, Front Street on the
east and Tenth Street on the west; provided, that
this section shall not be construed to prevent the
use, maintenance and repair of pole lines now in
use within such limits.
(Code 1966, ~ 30-8)
Sec. 31-9. Underground wires required
where poles prohibited.
All telegraph, telephone and cable television
lines constructed along or across any street, ave-
nue or alley in the territory described in section
31-8, shall be placed underground and in compli-
ance with directions of the city engineer; pro-
vided, that this section shall not be construed to
prevent additional cables and lines being placed
on poles in use prior to January 1, 1910.
(Code 1966, ~ 30-9)
Sec. 31-10. Trimming of trees, branches.
Where trees and branches extending over the
streets, avenues and alleys of the city obstruct
and prevent the proper construction and opera-
tion of electric light, power, telephone or cable
1819
~ 31-10
SALINA CODE
television 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.
(Code 1966, ~ 30-10)
ero88 reference-Trees and shrubs generally, Ch. 39.
Supp. No. 13
1820
[The next page is 1869]
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Chapter 32
.. ~~S
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Art. I. In General, II 32-1-32-15
Art. II. Going Out Of Business Sales, II 32-16-32-30
Div. 1. Generally, ~~ 32-16-32-25
Div. 2. License, ~~ 32-26-32-30
ARTICLE I. IN GENERAL
Sec. 32-1. Auctions of new goods.
Auctions of new goods shall be governed by and
in all respects comply with the requirements and
regulations of K.S.A. Chapter 58, Article 10. (Code
1966, ~ 23-148)
Sees. 32-2-32-15. Reserved.
ARTICLE II. GOING OUT OF BUSINESS
SALES
DIVISION 1. GENERALLY
Sec. 32-16. Goods which may be advertised.
It shall be unlawful to advertise, sell or expose
for sale at any sale governed by this article or to
list in the inventory required by this article, any
goods, wares or merchandise which are not regu-
lar stock of the store which is to be closed out at
such sale or to make any replenishments or addi-
tions to such stock for the purpose of such sale
during the time thereof. No wares or merchan-
dise shall be sold other than those actually in-
cluded in the inventory. (Code 1966, ~ 20-78)
Sees. 32-17-32-25. Reserved.
DIVISION 2. LICENSE*
Sec. 32-26. Required.
It shall be unlawful for any person to advertise
or conduct or carry on in the city any sales of
goods, wares or merchandise that is represented
as quitting business, going out of business, com-
"Cross reference-Licenses generally, Ch. 20.
plete liquidation or similar sale without first hav-
ing filed with the city clerk the inventory under
oath herein provided for, complying with the pro-
visions of this article and obtaining from the city
clerk a license to do so as a "closing out sale
license." No goods, wares or merchandise shall be
included in the inventory which are not actually
in the place of business described in the applica-
tion for license at the time the application is made.
All sales governed by the provisions of this arti-
cle shall be conducted in the place of business
described in the application and license. (Code
1966, ~ 20-75)
Sec. 32-27. Application.
The inventory referred to in section 32-26 shall
be made part of the application for a license under
this division, which application shall be in writ-
ing. The application shall also state the place and
manner of conducting such a sale. The applica-
tion shall be signed by the person seeking to se-
cure a license, or by the proper officer of the cor-
poration, ifit is a corporation, and the application
shall be sworn to by the proper person signing
such application, which oath shall state the in-
formation given therein is full, true, and known
to the affiant to be so. (Code 1966, ~ 20-76)
Sec. 32-28. Fee.
The fee for a license under this division shall be
as prescribed in section 2-2. (Code 1966, ~ 20-75)
Sec. 32-29. Time limitation.
Only one license required in section 32-26 shall
be issued to anyone person within a twelve (12)
month period, and such license shall not be is-
sued to anyone person for a longer period of time
than ninety (90) days. (Code 1966, ~ 20-77)
1869
~ 32-30
SAUNA CODE
Sec. 32-30. Waiting period.
Application shall be made to the city clerk and
no sales as defined herein shall be commenced
until five (5) days after the license shall have
been issued. (Code 1966, ~ 20-79)
[The next page is 1921)
1870
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SECONDHAND GOODS
Chapter 33
Art. I.
Art. II.
In General, II 33-1-33-15
Pawnbrokers, Secondhand Dealers and Precious Metal Deal-
ers, II 33-18-33-35
Junk and Junk Dealers, II 33-38-33-54
Div. 1. Generally, *Ii 33-36-33-45
Div. 2. License, ~~ 33-46-33-54
Art. III.
ARTICLE I. IN GENERAL
Sees. 33-1-33-15. Reserved.
ARTICLE II. PAWNBROKERS,
SECONDHAND DEALERS
AND PRECIOUS METAL DEALERS.
Sec. 33-16. Record and report to police re-
quired.
Every pawnbroker and every buyer of second-
hand 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 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 the city, of
the person selling or leaving the property; also
the amount paid for such property or loaned there-
on. He shall make such entries within one hour
after the purchase of the property, and such en-
tries 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 department
of the city, every day before the hour of 12:00
midnight a legible and correct copy from the reg-
ister, of all property received or purchased during
the preceding twenty-four (24) hours, and a good
-Cro.. reference-Licensing of pawnbrokers and precious
metal dealers, App. A, Charter ord. no. 19.
State law reference-Regulation of pawnbrokers, K.S.A.
16-706 et seq.
Supp. No. 1
description of the person from whom the same
were purchased. (Code 1966, ~ 26-1)
Sec. 33-17. Availability of records for in-
spection.
The register required by section 33-16 shall at
all times be kept open to the inspection of the
board of commissioners, city manager and the
police department. (Code 1966, ~ 26-2)
Sec. 33-18. Availability of merchandise for
inspection.
The dealer or buyer shall, upon request, exhibit
to any commissioner, the city manager or mem-
ber of the police department for inspection any
article purchased or received by him. (Code 1966,
~ 26-3)
Sec. 33-19. Purchases from children.
No dealer or buyer under this article shall pur-
chase or receive any article or property from any
person under the age of eighteen (18) years. (Code
1966, ~ 26-4)
Cross reference-Minors generally, Ch. 21.
Sec. 33-20. Purchasing stolen property.
No buyer or dealer under this article shall 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 per-
son so offering it for sale. (Code 1966, ~ 26-5)
Crou reference-Offenses against property, ~ 25-56 et seq.
Sec. 33-21. Forfeiture of license.
In addition to the criminal penalty provided for
violation of this Code, any dealer or pawnbroker,
1921
5 33-21
SALINA CODE
licensed under the terms of this article or any
ordinance of the city, who violates, fails, neglects
or refuses to comply with the terms of this chap-
ter shall forfeit such license upon a hearing be-
fore the board of commissioners after five (5) days'
notice duly given of the time and place of such
hearing. (Code 1966, ~ 26-7)
Sec. 33.22. Merchandise to be displayed for
three days before sale.
Every buyer or dealer under this article shall
keep in plain view of the public in some conspicu-
ous 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. (Code
1966, ~ 26-6)
Sees. 33-23-33-35. Reserved.
ARTICLE III. JUNK AND JUNK
DEALERS.
DIVISION 1. GENERALLY
Sec. 33.36. nJunk" defined.
Junk is hereby defined, for the purposes of this
article, to be old iron, lead, brass, steel, copper or
other metals, wires, cables, rags or bagging, rope,
rubber, bones, paper, bottles and other and sim-
ilar old materials and old machinery and old auto-
mobiles or parts thereof. (Code 1966, ~ 18-1)
Cross reference-Definitions and rules of construction gen-
erally, ~ 1.2.
Sec. 33-37. Storing junk at unlicensed location.
It shall be unlawful to store junk at any loca-
tion in the city other than one licensed as pro-
vided in this article. (Code 1966, ~ 18-12)
Sec. 33-38. 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,
open to the inspection of any police or sanitation
officer ofthe city, and any junk dealer, junk buyer,
automobile junk dealer, automobile junk parts
.State law reference-Junk dealers, K.S.A. 50-619 et seq.
Supp. No. 1
dealer, or scrap metal processor shall conduct all
business, service, storage, and display of goods or
junk in a permanent building, or behind a fence
not less than five (5) feet in height, which fence
shall be at all times kept in good repair. In the
event junk is kept or stored in an area within one
hundred (100) feet of any residentially zoned area
or within one hundred (100) feet of an arterial
street, then said fence shall be designed in a man-
ner to substantially obscure the view from said
arterial street or residentially zoned area. In ad-
dition, all fences shall be landscaped by nonde-
ciduous plantings of shrubs and/or trees for the
purpose of enclosing and beautifying such place
or yard and to screen the same from the public
view. Except, no fencing or landscaping shall be
required for any portion of property so used, which
is within twenty-five (25) feet of a railroad track
or tracks. Provided, that in any yard or place in
which junk is kept or stored, and which was lo-
cated on August 16, 1965, in any district defined
by the zoning ordinance of the city as a commer-
cial or residential district, no junk shall be kept
or stored and no fence shall be erected nearer
than fifty (50) feet to the line of any street or
avenue upon which such yard or place abuts. This
section shall take precedence over any conflicting
ordinance or any conflicting provisions of any or-
dinance, concerning setback lines and the erec-
tion offences. (Code 1966, ~ 18-13; Ord. No. 82-8920,
~ 1, 8-2-82)
Sec. 33-39. Reports to police required; time
articles must be kept.
Every junk dealer or automobile junk dealer
shall make a list of every article or group of arti-
cles purchased by him which list shall contain 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 purchas-
er, with the chief of police of the city, before noon
of each day covering the articles purchased dur-
ing the preceding day. In case of any automobile
or piece of machinery bearing or 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
1922
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SECONDHAND GOODS
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 purchasing any such ar-
ticle 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. (Code 1966, ~ 18-14)
Sees. 33-40-33-45. Reserved.
DIVISION 2. LICENSE*
Sec. 33-46. Required.
It shall be unlawful for any person to carry on a
business of buying, selling, collecting, trading,
exchanging or otherwise dealing in junk without
having first obtained a license to do so as pro-
vided in this division. (Code 1966, ~ 18-2)
Sec. 33-47. Application.
Any person desiring a license under this divi-
sion shall make application in writing to the city
clerk which application shall set forth the full
name of the applicant together with his residence
address and if a dealer, the location at which such
junk is to be kept or stored. (Code 1966, ~ 18-3)
Sec. 33-48. Submission, approval of appli-
cation.
An application for a license under this division
shall be submitted to the city clerk and if the city
clerk approves such application and location, he
may issue such license upon payment of license
fee as herein required. (Code 1966, ~ 18-4)
Sec. 33-49. Classification of licensees.
Persons required to be licensed under this divi-
sion shall be classified and defined as follows:
(1) Junk dealers: Any person or persons who en-
gage in the city in buying, collecting, 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 busi-
.erou reference-Licenses generally. Ch. 20.
Suppa No. 1
A 33-49
ness at or from any yard or place in the city
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 classified as an "automo-
bile junk dealer" or as an "automobile junk
parts dealer" as hereinafter defined.
(2) Junk buyers: Any person or persons who en-
gage in the city in buying, collecting, 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, but who do not have in the
city any yard or place from which such busi-
ness is conducted; provided, 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 deal-
er" as hereinafter defined.
(3) Junk collector: Any person or persons who
engage in the city in buying, collecting, trad-
ing 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 from which such
business is conducted, and who do not sell,
ship or otherwise dispose of such junk outside
of the city; 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 deal-
er" as herein defined.
(4) Paper junk dealers: Any person or persons
who engage in the city in buying, selling or
collecting old paper, cardboard or pasteboard
boxes, rags, bagging or other similar materi-
als, or bailing the same at any place in the
city.
(5) Automobile junk dealers: Any person or per-
sons who engage in the city in the business of
buying, selling, storing, exchanging, trading
or otherwise dealing in old automobiles or
parts thereof for the purpose of wrecking, dis-
mantling 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 auto.
1923
~ 33-49
SALINA CODE
mobiles for any purpose other than as vehicles,
and who conduct such business at or from
any place in the city where any such old au-
tomobiles or parts thereof are wrecked, dis-
mantled, junked, kept or stored; provided, that
this section shall not apply to regular dealers
in new or secondhand automobiles, who may
as an incident to their regular business en-
gage in selling or dealing in old automobiles.
(6) A utomobile junk parts dealers: Any person or
persons who engage in the city in the busi-
ness of buying, selling, storing, exchanging,
trading or otherwise dealing in old automo-
biles or parts thereof, except old batteries,
old tires or other old automobile parts which
are purchased separately from the automo-
biles from which they were removed, or deal-
ing in old automobiles for any purpose other
than for use as vehicles, who do not engage
in the business of wrecking, dismantling, junk-
ing or storing such old automobiles or parts
thereof within the city, 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.
(7) Scrap metal processor: Any person or persons
who engage in the city in the business of
buying, selling, storing, exchanging, trading
or otherwise dealing in scrap metal. (Code
1966, ~ 18-5; Ord. No. 82-8919, ~ 1, 8-2-82)
Sec. 33-50. Fees.
The fees for licenses required by this division
shall be as prescribed in section 2-2. (Code 1966, ~
18-6)
Sec. 33-51. Scope of licenses.
Any person who pays a license fee for a license
classification as herein provided, shall, without
Supp. No.1
paying any additional license, be entitled to en-
gage in any other business as provided for in this
article for which the same or a lesser fee is pro-
vided for herein. (Code 1966, ~ 18-7)
Sec. 33-52. Collector's license required for
each vehicle.
A junk collector's license as provided for herein
shall be required for each wagon or vehicle used
for the collection of junk. (Code 1966, ~ 18-9)
Sec. 33-53. Additional licenses for separate
places of business.
No junk dealer, junk buyer, automobile junk
dealer or automobile junk parts dealer shall op-
erate more than one yard or place of business
under one license, but shall secure an 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 not as junk. (Code 1966, ~ 18-10)
Sec. 33-54. Suspension, revocation.
Any license issued under this division may be
revoked by the board of commissioners upon con-
viction of the licensee or any agent, employee or
officer of any licensee of the violation of any pro-
visions of this article, or of any ordinance or law
relating to the purchase or possession of stolen
property, and may be suspended pending the hear-
ing of any such charge prior to conviction. (Code
1966, ~ 18-11)
[The next page is 1975]
1924
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Art. I.
Art. ll.
Art. 1lI.
Art. IV.
Art. V.
Chapter 34
SOLID WASTE*
In General, U 34.1-34.15
Refuae and Sanitation, AI 34.16-34-50
Private Haulers, U 34.51-34-80
Div. 1. Generally, ~~ 34-51-34-60
Div. 2. License, ~~ 34-61-34-80
Soiled Waste Disposal Area, U 34-81-34-89
Salina/Saline Solid Waste Management Committee, U 34.
90-34-96
.Cross references-Buildings and structural appurtenances, Ch. 8; housing, Ch. 15; health and sanitation, Ch. 17; housing,
Ch. 18; mobile homes and trailers, Ch. 22; nuisances generally, Ch. 24; littering, ~ 25-57; public utilities, Ch. 31; water and sewers,
Ch. 41; franchises, App. B.
Supp. No. 12
1975
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SOLID WASTE
~ 34-20
ARTICLE I. IN GENERAL
Secs. 34-1-34-15. Reserved.
ARTICLE II. REFUSE AND SANITATION
Sec. 34-16. Definitions.
For the purpose of this article:
(1) Ashes mean residue from the burning of
wood, coal, coke, or other solid combusti-
ble materials.
(2) Authorized collector of refuse means any
person duly qualified and operating un-
der a license issued by the city as pro-
vided for in this Code or the ordinances of
the city, or the licensee's duly authorized
agent.
(3) Commercial dwelling means a building or
portion thereof designed for or occupied
by four (4) or more families as a residence.
(4) Commercial enterprise means a person
engaged in the operation of a commercial
enterprise and such commercial enter-
prises shall include the following: 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 commer-
cial or business.
(5) Dwelling unit shall mean the enclosure,
building or portion thereof occupied by
one or more persons for and as living
quarters.
(6) Garbage includes every accumulation of
animal, vegetable or other matter that
attends the preparation, consumption, de-
cay, dealing in or storage of meats, fish,
fowl, birds, fruit, vegetables, food and
food ingredients, including the cans, con-
tainers or wrappers wasted along with
such materials.
(7) Multiple dwellings shall mean a building
designed for or occupied by more than one
family and less than four (4) families.
Supp. No. 12
(8) Refuse means all putrescible and
nonputrescible solid wastes except body
wastes. Refuse includes garbage, rubbish,
ashes, street cleanings, dead animals, and
solid market and industrial wastes.
(9) Rubbish means nonputrescible solid wastes
except ashes. Rubbish consists of both
combustible and noncombustible materi-
als, such as paper, cardboard, tin cans,
yard clippings, wood, glass, bedding, crock-
ery, metals and similar objects.
(10) Single-family dwelling shall mean a build-
ing designed for and occupied by one
family
(Code 1966, ~~ 31-11, 31-35)
Cross reference-Definitions and rules of construction
generally, t 1-2.
Sec. 34-17. General duties of occupants.
Every occupant of any dwelling, premises or
commercial establishment shall keep his prem-
ises in a clean and sanitary condition and free
from any accumulations of refuse, and each occu-
pant of any such premises shall dispose of all
refuse in a clean and sanitary manner in accor-
dance with the minimum requirements set forth
in this Code.
(Code 1966, ~ 31-36)
Sec. 34-18. Manner of disposal to be ap-
proved.
All garbage and rubbish collected under the
terms of this article shall be disposed of in a
manner approved by the health officer.
(Code 1966, ~ 31-37)
Sec. 34-19. Who may collect and dispose of
refuse.
All refuse accumulated within the city shall be
collected, conveyed and disposed of by an autho-
rized collector of refuse, the city, or persons au-
thorized to dispose of their own refuse.
(Code 1966, ~ 31-38)
Sec. 34-20. Frequency of collection.
Any and all refuse shall be collected and re-
moved from all premises at least once every ten
1977
~ 34-20
SALINA CODE
(10) days. VVhere storage is unvvrapped, undrained
garbage or svvill is permitted, accumulation shall
not exceed tvvo (2) days.
(Code 1966, ~ 31-39)
Sec. 34-21. Removal by city if person respon-
sible fails.
Failure of the property ovvner, his authorized
agent, tenant, householder or occupant to cause
all refuse to be removed from any premises and
disposed of as provided herein, shall be cause for
the health officer to order the refuse collected and
disposed of in accordance vvith chapter 24.
(Code 1966, ~ 31-40)
Sec. 34-22. Disposal from unoccupied prem-
ises.
It shall be the responsibility of the property
ovvner or his authorized agent to cause to be
collected and disposed of all refuse accumulated
at or on any unoccupied premises vvithin. the
corporate limits of the city not later than seven (7)
days follovving vacation of the premises. Upon
failure of the property ovvner or his authorized
agent to dispose of such refuse vvithin the seven
(7) days follovving vacation of premises , the health
officer shall attempt to notify the property ovvner
or his authorized agent to cause to be collected
and disposed of according to the provisions of this
article all refuse accumulated at or on the prem-
ises vvithin forty-eight (48) hours. Inability to
contact the property ovvner or his authorized
agent, or failure of the property ovvner or his
authorized agent to dispose of the accumulated
refuse as ordered, shall be cause for the health
officer to order the refuse collected and disposed
of in accordance vvith chapter 24.
(Code 1966, ~ 31-41)
Secs. 34-23, 34-24. Reserved.
Editor's DOte-Ord. No. 92-9541, ~ 1, adopted Nov. 2,
1992, repealed ~ 34-24, which pertained to cleaning of garbage
containers and was derived from the 1966 Code, ~ 31-43. Sec.
34-23 was nonsubstantive.
Sec. 34-25. Storage to be inaccessible to ver-
min, approved.
Garbage and rubbish containing food vvaste or
other putrescible material shall be stored so as to
Supp. No. 12
be inaccessible to vermin. All other rubbish shall
be stored in a manner approved by the health
officer.
(Code 1966, ~ 31-44)
Sec. 34-26. Unlawful to store refuse or refuse
containers upon public right-of-
way.
(a) It shall be unlavvful to store refuse or
refuse containers upon the public right-of-vvay;
provided hovvever, this shall not prohibit the
temporary storage thereon for collection pur-
poses.
(b) For the purposes of this section, temporary
storage shall mean the placing of refuse contain-
ers on the public right-of-vvay for collection pur-
poses, vvhich vvill allovv the placing of refuse
containers on the public right-of-vvay the evening
prior to the day designated for collection; provided
such containers are removed the evening of the
day of collection.
(Ord. No. 80-8816, ~~ 1, 2, 10-27-80)
Sec. 34-27. Adequacy of storage facilities.
Storage facilities shall be adequate for the
proper storage of all garbage and rubbish.
(Code 1966, ~ 31-45)
Sec. 34-28. Cleanliness of storage areas.
Storage areas shall be clean and shall not
constitute a nuisance.
(Code 1966, ~ 31-46)
Sec. 34-29. Storage by commercial enter-
prises.
(a) Storage rooms or enclosures used by com-
mercial enterprises shall be constructed of easily
cleanable, vvashable materials and shall be ver-
min proofed. The floors, and the vvalls up to at
least the level reached by splash or spray, shall be
of relatively nonabsorbent materials. Garbage
containers outside the establishment shall be
stored either on a concrete slab, or on a rack
vvhich is at least tvvelve (12) inches above the
ground, or in such other manner as shall be
approved by the health officer.
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SOLID WASTE
~ 34-35
(b) Storage of undrained garbage or swill by
commerciv.l enterprises is permissible providing
it is stored in containers and accumulation shall
not exceed two (2) days. Provided further, such
containers shall be thoroughly washed and/or
cleaned as provided in section 34-24.
(Code 1966, ~ 31-47)
Sec. 34-30. Draining, wrapping required.
All garbage shall be drained and securely
wrapped prior to being deposited in any storage
container, except as provided above for commer-
cial enterprises.
(Code 1966, ~ 31-48)
Sec. 34-31. Prevention of spillage from con-
tainers.
All containers whether used for garbage, rub-
bish or both shall be stored, housed, enclosed or
secured so as to prevent spillage by wind or
animals. Lids or covers unless permanently at-
tached to container shall be secured to the storage
rack or apparatus, unless containers are stored
inside a room.
(Code 1966, ~ 31-49)
Sec. 34-32. Burning garbage.
No garbage or other materials described herein
as garbage, shall be burned at any time except in
an incinerator or other appliance constructed
specifically for such purposes and approved by the
fire department, and equipped with a flue, chim-
ney, or smokestack which will carry the smoke
and odors therefrom above surrounding rooftops.
(Code 1966, ~ 31-50)
Cross reference-Fire prevention and protection, Ch. 14.
Sec. 34-33. Unusual situations.
In situations which are not contemplated or
considered by the terms and conditions of this
article, the health officer shall have the power
and the authority to grant special rights and
privileges on a temporary basis for the collection,
hauling and disposal of trash and garbage where
such special privileges are required in order to
maintain the health and sanitation of the city and
Supp. No. 12
its inhabitants or such rights and privilege is
required to avoid the creation of a public nui-
sance.
(Code 1966, ~ 31-51)
Sec. 34-34. Service charges for refuse collec-
tion and sanitary landfill; rules
and regulations.
(a) City refuse collection service shall be avail-
able to householders and occupants of residential
premises within the city desiring such service.
For the purpose of this article, residential prem-
ises shall include single family, duplex and triplex
dwellings.
(b) The board of commissioners shall, by reso-
lution, from time to time as they deem necessary,
adopt such fees as are necessary for the operation
of the refuse collection service and operation of
the sanitary landfill.
(c) The city manager shall annually recom-
mend to the board of commissioners adjustments
in such fees as are necessary to pay the costs of
the operation of the refuse collection service, the
sanitary landfill debt service, and to maintain
reserve funds for the purchase of capital equip-
ment.
(d) The city manager shall formulate such
rules and regulations as may be necessary to
provide for the operation of the refuse collection
service and sanitary landfill. The rules and regu-
lations shall become effective when filed with the
city clerk.
(Code 1966, ~ 31-18; Ord. No. 80-8814, ~ 1, 10-27-
80) .
Sec. 34-35. Billing for service charges; when
due and payable.
The charges required to be paid in section
34-34 shall be billed monthly. The refuse service
charge shall be billed along with the monthly
water bill and total bill shall be due and payable
upon rendering. Only one statement shall be
rendered for a multiple dwelling.
(Code 1966, ~ 31-18)
1979
~ 34-36
SALINA CODE
Sec. 34-36. When bills delinquent; discon-
tinuing service for delinquency.
In general, all refuse service accounts shall be
considered delinquent if not paid on or before the
date specified on the monthly billing statement. If
not paid within ten (10) days following the date of
delinquency, service shall be discontinued with-
out notice and such discontinuance shall not be
construed to constitute a waiver ofthe city's right
to proceed for the amount of such unpaid bill. In
the event of such discontinuance, service shall not
be resumed until the accumulated delinquent fees
have been paid.
(Code 1966, ~ 31-19)
Sec. 34-37. Contracts for service to dwell-
ings.
Owners, householders or occupants of residen-
tial dwellings may contract for refuse collection
service by the city. Service fees as established in
section 34-34 shall apply. Such owner, house-
holder or occupant served by the city shall be
billed on a monthly basis by the water and sew-
erage department for the refuse collection ser-
vices.
(Code 1966, ~ 31-20)
Sec. 34-38. Authority to adopt regulations.
The sanitation department is authorized to
adopt and promulgate additional rules and regu-
lations as may be necessary to supplement provi-
sions of this article.
(Code 1966, ~ 31-23)
Sees. 34.39--34-50. Reserved.
ARTICLE m. PRIVATE HAULERS
DMSION 1. GENERALLY
Sec. 34-51. Standards for transportation and
vehicles.
The following standards and requirements are
hereby established as minimum for the sanitary
transportation of refuse:
(1) Every vehicle used for the transportation
of refuse shall display a valid, unrevoked
Supp. No. 12
1980
permit, issued by the city clerk, to trans-
port refuse unless exempted as prescribed
hereinbefore.
(2) Every vehicle used for the transportation
of refuse shall have a hauling body con-
structed of metal, or shall have a metal
lining on the floor and all side walls.
(3) Every vehicle shall be provided with a
means of covering the refuse to be hauled
and of keeping such refuse securely within
the hauling body. The hauling body shall
be provided with a tight metal hood hav-
ing adequate openings fitted with smoothly
operating loading and unloading doors, or
shall be provided with heavy tarpaulin or
other canvas cover fitted with proper eyes,
grommets and tie ropes and hooks whereby
the cover can be held securely over the
loaded refuse in a manner acceptable to
the health officer.
(4) Every vehicle shall be kept well painted,
clean and in good repair.
(5) Every vehicle used for carrying garbage
or swill shall be cleaned as often as may
be necessary to prevent persistent odors
and. attraction of flies.
(6) Every vehicle used for transporting refuse
shall carry a legend or identifying sign on
each side. The legend shall be painted on
the vehicle, or if the vehicle has other uses
the legend may be placed on a separate
durable metal or wood plaque which shall
be firmly fixed to the vehicle when used
for refuse collection and transportation.
Such legend shall be printed in letters no
less than two (2) inches in height and one
(1) inch in width, and shall be clearly
legible. Such legend shall include the name
under which the vehicle is licensed.
(7) No vehicle shall be loaded with rubbish,
waste matter or junk in a manner which
will permit material to swing off, fallout,
or jar loose and fall to the ground while in
motion. Loose paper, trash, rubbish and
small materials shall be secured against
any wind dispersal, jiggling or jarring
which will allow such material to blow or
fall out of the vehicle.
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SOLID WASTE
~ 34-64
(8) Whenever vehicles are to be used for the
transportation of containers holding
undrained garbage or swill the containers
so carried shall be constructed and main-
tained so as to prevent any splash, spill-
age, drippage or leakage of liquid.
(9) Every vehicle licensed hereunder shall be
properly maintained in good operating
condition in order to provide dependable
service to subscribers.
(Code 1966, ~ 31-73)
Cross referenc_Traffic and motor vehicles, Ch. 38.
Sec. 34-52. Additional regulations autbo-
rized.
The health officer shall make, adopt and pub-
lish such rules as may be necessary to make this
article effective and facilitate the systematic col-
lection, handling and disposal of refuse.
(Code 1966, ~ 31-74)
Sees. 34-53-34-60. Reserved.
DMSION 2. LICENSE.
Sec. 34-61. Required; exemptions.
(a) 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 ob-
tained a refuse hauler's license as described in
this division; provided, this section shall not be
construed to apply to the following:
(1) The water and sewerage department or
other departments of the city;
(2) Any and all other governmental agencies;
(3) To persons who collect and transport refuse
produced on premises owned and/or occu-
pied by the person;
(4) Builders, wrecking or demolition contrac-
tors, or other persons engaged in construc-
tion or similar occupations;
(5) To persons engaged in the occupations
known as tree trimmers or tree surgeons,
.Cross referenc_Licenses generally, Ch. 20.
Supp. No. 12
agriculture, arboriculture, horticulture,
gardening, lawn care, landscaping, nurs-
ery work, or similar occupations.
(b) Persons who are not required to obtain a
license under this division shall comply with all
other sections of this article and such other reg-
ulations as are prescribed by the health depart-
ment for the transportation of refuse over and
upon the streets and alleys of the city.
(Code 1966, ~ 31-62)
Sec. 34-62. Application; approval.
Each person required by this division to be
licensed to collect or remove refuse within the city
shall make application for an annual refuse hauler
license with the city clerk. In addition to the
refuse hauler license, a licensed refuse hauler
must obtain a permit for each truck used to collect
and transport refuse. The permit shall be issued
by the city clerk on the basis of annual inspections
of the truck by the health department and general
services department.
(Code 1966, ~ 31-63; Ord. No. 94-9659, ~ 1, 10-24-
94; Ord. No. 97-9787, ~ 1,2-17-97)
Sec. 34-63. Liability insurance required.
A certificate of insurance shall show that the
applicant is covered by an effective public liability
insurance policy issued by a solvent corporation
authorized to do business within the state, with
limits of not less than the maximum liability for
claims which could be asserted against the city,
for any number of claims arising out of a single
occurrence or accident under the Kansas Tort
Claims Act, as amended. Such insurance policy
shall not be canceled or terminated until at least
twenty (20) days after a notice of cancellation of
the insurance policy is received by the city clerk.
(Code 1966, ~ 31-64)
Sec. 34-64. Issuance, contents of license.
Each refuse hauler shall be issued a refuse
hauler license signed by the city clerk, and issued
with the corporate seal of the city affixed thereto.
1981
~34-64
SALINA CODE
The license shall recite the number of the license,
the name of the company and the amount paid for
such license.
(Code 1966, ~ 31-65; Ord. No. 97-9787, ~ 1, 2-17-
97)
Sec. 34-65. Fee.
The license, permit and transfer fees under
this division shall be as prescribed in section 2-2.
(Code 1966, ~ 31-66; Ord. No. 97-9787, ~ 1,2-17-
97)
Sec. 34-66. Registration permits for vehi-
cles.
For each truck registered to a licensed refuse
hauler, which passes the required inspections,
and for which the permit fee has been paid, the
city clerk shall issue a permit in the form of a
decal which shall be secured to the windshield of
the licensed vehicle in such a manner that it shall
be at all times clearly visible.
(Code 1966, ~ 31-71; Ord. No. 97-9787, ~ 1,2-17-
97)
Sec. 34-67. Transfer.
Refuse hauler licenses and truck permits may
be transferred under the following conditions:
Refuse hauler license.
a. From one owner to another when the
new owner has purchased the com-
pany currently licensed by this Code.
Truck permits.
a. From one licensed refuse hauler to
another licensed refuse hauler. No
reinspection is required for the trans-
fer, but a transfer fee as required by
section 2-2 shall be paid.
b. Permits are not transferable from
one truck to another. All trucks placed
in service are subject to the required
inspections and fees.
(Code 1966, ~ 31-72; Ord. No. 94-9659, ~ 2, 10-24-
94; Ord. No. 97-9787, ~ 1, 2-17-97)
Supp. No. 12
Sec. 34-68. Revocation.
All licenses issued under this division may be
revoked by the board of commissioners upon the
conviction of the licensee of having violated any of
the provisions of this article.
(Code 1966, ~ 31-69)
Sees. 34-69--34-80. Reserved.
ARTICLE IV. SOLID WASTE DISPOSAL
AREA
Sec. 34-81. Establishment.
Section Seven (7), 'Ibwnship Fifteen (15), Range
Three (3) West of the 6th P.M. in Saline County,
Kansas, is hereby established as the solid waste
disposal area for the city and shall be considered
as the solid waste disposal area as the phrases
used in this article.
(Code 1966, ~ 31-81)
Sec. 34-82. Use restricted.
All persons shall be privileged to use the facil-
ities of the solid waste disposal area upon pay-
ment of the established fees for the depositing or
dumping of solid waste originating within the city
or the county.
In the interest of assuring the city's ongoing
capability for the disposal of solid waste originat-
ing in the city and the county, no person shall use
the facilities of the solid waste disposal area for
the purpose of disposing of solid waste originating
outside the county without first obtaining a per-
mit from the city.
(Code 1966, ~ 31-82; Ord. No. 88-9240, ~ 1,4-4-88)
Sec. 34-83. Rules and regulations.
All persons or their agents, having the right to
use the facilities of the solid waste disposal area
as provided in this article shall abide by and
conform with all the rules and regulations which
may be promulgated by the city manager in
regard to the operation of the solid waste disposal
area and with all instructions or orders of the
persons authorized by the city to supervise dump-
ing operations and with all signs and notices
posted at the area. No person or their agents shall
1982
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SOLID WASTE
~ 34-90
have the right to use the disposal area except
during hours specified by notice posted at the gate
or entrance thereof.
(Code 1966, ~ 31-83; Ord. No. 88-9240, ~ 2, 4-4-88)
Sec. 34-84. Removal of objects.
No persons or their agents, shall, except by
written permission of the city, remove any article
or object which has been deposited or dumped at
the solid waste disposal area.
(Code 1966, ~ 31-84)
Sec. 34-85. Service fees.
(a) The city shall from time to time, by resolu-
tion, establish fees for the use of the solid waste
disposal area and the fees shall become effective
upon publication of the resolution establishing
fees in the official city paper.
(b) The board of commissioners may by resolu-
tion temporarily suspend or waive the collection
of the service fees established by the city for the
use of the solid waste disposal area.
(Code 1966, ~~ 31-85, 31-86)
Sec. 34-86. Permit for disposal of waste orig-
inating outside the county-Ap-
plication.
Application for a permit for disposal of waste
originating outside the county shall be made on
. forms made available in the office of the city clerk.
The application shall specify the following:
(1) The specific source ofthe waste material.
(2) The specific nature of the waste material.
(3) The estimated volume and frequency of
dumping.
(4) The name, address and telephone number
of the individual or firm requesting the
permit.
(Ord. No. 88-9240, ~ 3, 4-4-88)
Sec. 34-87. Same-Approval.
The city manager is hereby authorized to grant
any permit application after determining that:
(1) Processing the nature and volume of the
proposed waste material will not have an
adverse financial impact on operation of
the city's solid waste disposal area;
Supp_ No. 12
(2) The nature of the proposed waste mate-
rial will not have an adverse environmen-
tal impact on the city's solid waste dis-
posal area; and
(3) The nature and volume of the proposed
waste material will not have an adverse
affect upon the capability of the city's
solid waste disposal area to accommodate
the future solid waste disposal needs of
the city and county.
(Ord. No. 88-9240, ~ 4, 4-4-88)
Sec. 34-88. Same-Terms.
The city clerk's office shall issue the permit to
the applicant upon approval by the city manager
and upon payment of the established permit fee
necessary to offset the administrative expense of
processing the permit application. The permit
shall be for a period not to exceed five (5) years
and shall be limited to the source, nature, volume,
and frequency of use shown on the permit. Any
deviation from the stated volume and frequency
of dumping shall require reapplication for possi-
ble reissuance of a revised permit based upon
review under the criteria outlined in section 34-
87. Any deviation from the source or nature
shown on the permit shall result in forfeiture of
the permit.
(Ord. No. 88-9240, ~ 5, 4-4-88)
Sec. 34-89. Same-Nontransferable; presen-
tation and payment of use fees.
The permit shall not be transferable by the
original permit holder to any other person or firm
without prior approval by the city. The permit
must be presented at the solid waste disposal
area on each occasion of its use pursuant to the
permit. The permit holder shall pay the standard
fees established for use of the solid waste disposal
area.
(Ord. No. 88-9240, ~ 6, 4-4-88)
ARTICLE v: SALINAlSALINE SOLID
WASTE MANAGEMENT COMMITI'EE
Sec. 34-90. Created.
There is hereby created the SalinalSaline County
Solid Waste Management Committee (hereinafter
referred to as "the committee").
(Ord. No. 96-9751, ~ 1, 7-22-96)
1983
~ 34-91
SALINA CODE
Sec. 34.91. Purpose.
The purpose of the committee shall be:
To provide for a solid waste management sys-
tem plan to serve the residents of cities and
unincorporated areas within the county. K.S.A.
65-3405(c);
1b review the solid waste management plan at
least annually and provide any recommenda-
tions for revisions of the plan to the city com-
mission, for submittal to the Kansas Depart-
ment of Health and Environment;
1b hold a public hearing at least every five (5)
years on the plan and future goals of solid
waste management in Saline County.
(Ord. No. 96-9751, ~ 1,7-22-96)
Sec. 34.92. Membership.
The committee shall consist of thirteen (13)
members. Eight (8) representing the City of Salina
nominated by the mayor and appointed by the
governing body. Three (3) nominated by Saline
County, representing unincorporated areas. '!\vo
(2) nominated by Saline County, representing
third class cities within the county.
(Ord. No. 96-9751, ~ 1,7-22-96)
Sec. 34.93. Appointment and term.
Those persons first appointed as members of
the board shall be appointed for the following
terms:
(1) Four (4) city appointees for terms of three
(3) years.
(2) Four (4) city appointees for terms of four
(4) years.
(3) One (1) county (unincorporated) appoin-
tee for a term of three (3) years.
(4) '!\vo (2) county (unincorporated) appoin-
tees for the terms of four (4) years.
(5) One (1) county (third class city) appointee
for a term of three (3) years.
(6) One (1) county (third class city) appointee
for a term of four (4) years.
Upon expiration of the term of each committee
member, subsequent terms shall be for a period of
Supp. No. 12
three (3) years. Any vacancy occurring among the
membership shall be filled in the same manner as
original appointments.
(Ord. No. 96-9751, ~ 1, 7-22-96)
Sec. 34-94. Compensation.
The members of the committee shall serve
without compensation.
(Ord. No. 96-9751, ~ 1, 7-22-96)
Sec. 34-95. Officers.
The committee shall elect from its membership
a committee chair and vice chair for terms of one
(1) year. The chair shall preside at all meetings of
the committee. The vice chair shall act as chair at
meetings of the committee in the absence of the
committee chair.
(Ord. No. 96-9751, ~ 1, 7-22-96)
Sec. 34-96. Quorum.
Seven (7) members of the committee shall
constitute a quorum for the purpose of conducting
the committee's business.
(Ord. No. 96-9751, ~ 1, 7-22-96)
[The next page is 2031]
1984
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Chapter 35
STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES.
In General, It 35-1-35-20
Bench Marks, It 35-21-35-35
Obstructions and Encroachments, It 35-36-35-60
Div. 1. Generally, ~~ 35-36-35-50
Div. 2. Obstructing Visibility at Intersections, ~~ 35.51-35-60
Moving Buildings, it 35-61-35-100
Div. 1. Generally, H 35-61-35-80
Div. 2. Permit, ~~ 35-81-35-100
Numbering Buildings, It 35-101-35-120
Driveways and Sidewalks, It 35-121-35-175
Div. 1. Generally, ~~ 35-121-35.150
Div. 2. Permit, ~~ 35-151-35-175
Service Pipes and Sewers Ahead of Paving, if 35-178-
35-200
Excavations, It 35-201-35-230
Railroad Crossings, It 35-231-35-250
Snow and Ice on Sidewalks, if 35-251-35-254
Art. I.
Art. II.
Art.. III.
Art. IV.
Art. V.
Art. VI.
Art. VII.
Art. VIII.
Art. IX.
Art. X.
ARTICLE I. IN GENERAL
Sec. 35.1. Ramps or runways prohibited.
It shall be unlawful for any person to place or
use, or to permit, cause or allow to be placed or
used any ramp or runway attached to the curb
on or along any public street or thoroughfare in
the city and which projects into any such street
or thoroughfare and onto the pavement thereof,
the ramp 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 the curb. (Code
1966, ~ 32-2)
Sec. 35-2. Salt water prohibited on pavement.
It shall be unlawful for any person to pour,
dump, place or throw, or to cause to be poured,
thrown, placed or dumped, into or upon the side-
walk, pavement or gutter in any street, alley or
other' public highway or thoroughfare in the city,
or in any such 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. Any person
either acting for himself or as the agent, repre-
sentative, employee or member, officer or man-
ager of any such person who shall violate any of
the provisions of this section, shall be guilty of a
misdemeanor. (Code 1966, ~ 32-3)
Sec. 35-3. Driving rod or stake through
pavement.
It shall be unlawful for any person at any time
for any purpose whatever, to drive any rod or
stake through any pavement on any street, alley
or other public ground in the city without first
obtaining the written permit of the city engineer
to do so. (Code 1966, ~ 32-8)
"Cross references-Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or
vacating a street, boulevard, avenue, alley, or other public way, including rights-of-way saved from repeal, ~ 1-5(5); any ordinance
establishing or changing the grade of any street, avenue, boulevard or other public way saved from repeal, ~ 1-5(6); airport, Ch. 4;
consumption of alcoholic liquor in public places, Ii 5-24; consuming cereal malt beverages in public streets, Ii 5-68; buildings and
structural appurtenances, Ch. 8; cemeteries, Ch. 9; fire prohibited on streets, Ii 14-78; sale of gasoline on streets and sidewalks, !i
14-79; library, Ch. 19; curfew for minors, ~ 21-16 et seq.; mobile homes and trailers, Ch. 22; parks and recreation, Ch. 27; planning,
Ch. 29; public utilities, Ch. 31; subdivision regulations, Ch. 36; traffic and motor vehicles, Ch. 38; trees and shrubs, Ch. 39;
vehicles for hire, Ch. 40; water and sewers, Ch. 41; zoning regulations, Ch. 42.
2031
~35-4
SALINA CODE
Sec. 35-4. Removing, interfering with barri-
cades, warning devices.
It shall be unlawful for any person to remove,
displace, take away or in any manner interfere or
meddle with any barricade, barrier, obstruction,
railing, light or other warning signal placed by
the city, or any agent thereof or by any person
acting under the authority or with the consent of
the city, for the purpose of protecting any pave-
ment, sidewalk or other public improvement in
the course of construction in the city. (Code 1966,
~ 32-9)
Sec. 35-5. Using sidewalk or paving protected
by barriers, warning devices.
It shall be unlawful for any person to 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 the city when the
same shall be protected against such use by means
of barriers, barricades, obstructions, lights or other
warning signals placed there by the city or by
persons acting with authority and consent of the
city, for the purpose of protecting such unfinished
pavement, sidewalk or other public work against
damage until its completion. (Code 1966, ~ 32-10)
Sec. 35-6. Permits required for certain con-
struction in, under streets, sidewalks.
It shall be unlawful for any person to construct
in any street or in or under any sidewalk in the
city any bulkheads, cellar or basement ways, area-
ways, railings or stairways, or excavations for
any of the same without first securing from the
board of commissioners 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 condi-
tions under which the same shall be maintained.
(Code 1966, ~ 32-11)
Sec. 35-7. Protection of stairways, areaways.
It shall be unlawful for any person to use or
maintain in any street or in or under any side-
walk in the city any cellar or basement way, area-
way or stairway, unless the same shall be pro-
tected 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 stair-
way shall be protected by an iron gate comprised
of at least two (2) rails of the same height from
the street as herein specified for other railings,
which shall open outward from such cellar or base-
ment way or areaway, and shall be so constructed
that the same shall at all times be securely latched
so that the same cannot be opened by a person
walking into or against the same from the out-
side thereof, and such gate shall be constructed
that it shall at all times be kept closed except
when in actual use. (Code 1966, ~ 32-12)
Sees. 35-8-35.20. Reserved.
ARTICLE II. BENCH MARKS
Sec. 35-21. Bench marks established.
The bench marks heretofore established in the
city by the United States Coast and Geodetic Sur-
vey and placed upon certain established buildings
and at other places in the city, as hereinafter set
forth, 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, the location of said established bench
marks and their elevations above sea level, as
fixed by said survey being as follows, to wit:
At Salina, 0.9 mile north along Santa Fe Av-
enue from the crossing of the Union Pacific
Railroad, directly across Otis Avenue from the
southeast corner of the grounds of the St. John's
Military School, 277.3 feet east of the east con-
crete curb of the north end of Santa Fe A venue,
34.0 feet west of the center of North Fifth Street,
33.0 feet south of the center of Otis Avenue,
11.2 feet east southeast of a fire hydrant, set in
a concrete post about flush with the top of the
ground. . A bench mark disk stamped M 167
1934. . . . . . . 1217.196 feet
At Salina, along the west side of the block
occupied by the old Saline County Court House,
2032
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STREETS, SIDEWALKS, PUBLIC PLACES
.
along the east side of Tenth Street
and about midway between Elm
Street and Park Street, in the north
wall of the brick boiler house, 4.0
feet west of the northeast corner of
and 2.5 feet east of the east side of
the north entrance door, 3.2 feet above
the top of a concrete walk, set verti-
cally in the north wall of the build-
ing. A bench mark disk stamped Q
167 1934 . . . . . . . . . . . . . . . . . . . . . . . . .
1229.397
feet.
e
At Salina, 4.0 miles south along
the Union Pacific Railroad from the
station at Salina, at a road crossing,
3 poles south of milepost 4, 143 feet
south of the center line of Magnolia
Road, 74 feet west of the west rail,
44.5 feet west of a fence, 2.6 feet
north of a witness post, set in the top
of a concrete post which projects 0.5
foot above the ground, directly be-
neath the center of a power line
tower. A bench mark disk stamped B
292 1952 . .. .. .. .. .. .. .. . .. .. .. .. .
1238.734
feet.
(Code 1966, ~ 32-23)
Sees. 35-22-35-35. Reserved.
ARTICLE III. OBSTRUCTIONS AND
ENCROACHMENTS
DIVISION 1. GENERALLY
Sec. 35-36. Prohibited.
It shall be unlawful for any person to obstruct
or encroach upon any sidewalk, street, avenue,
alley or other public property.
(Code 1966, ~ 32-37)
.
Sec. 35-37. Notice and removal.
e
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
Supp. No. 15
~ 35-40
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.
(Code 1966, ~ 32-38)
Sec. 35-38. Temporary while receiving, ship-
ping merchandise.
Persons occupying premises fronting thereon
may have such temporary use of the streets and
sidewalks as shall be actually necessary in receiv-
ing and shipping merchandise.
(Code 1966, ~ 32-39)
Sec. 35-39. In the course of building con-
struction.
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 gutters 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 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.
(Code 1966, ~ 32-40)
Sec. 35-40. Use of public property for aes-
thetic purposes by abutting prop-
erty owners.
The board of commissioners may grant a per-
mit to any person to use a portion of any sidewalk,
street, avenue, alley or other public property
abutting upon their property for aesthetic pur-
poses notwithstanding the provisions of section
35-36. Application for such permit shall be made
2033
~ 35-40
SALINA CODE
to the city clerk and shall be referred by him to
the board of commissioners. The application for
such permit shall be accompanied by a detailed
plan and specifications for the proposed project. If
the board of commissioners, on consideration of
the application, finds that the proposed project
will be beneficial to the appearance of the city and
in accordance with any comprehensively planned
development program for the area, and will not
interfere with the use of the sidewalks, street,
avenue or alley for the public purpose for which it
was intended, the board of commissioners may
grant a permit to the applicant for such purpose
on such terms, conditions and restrictions as it
deems in the public interest; provided however,
that any permit granted hereunder shall be sub-
ject to revocation by the board of commissioners
in the event that the property is required for
public purposes or if the abutting property owners
fail or neglect to use the same for the purposes for
which the permit was granted or fail or neglect to
maintain the same in a good state of repair and in
that event, then the abutting property owner
shall be required to remove any improvements
made under the permit.
(Code 1966, ~ 32-41)
Sec. 35-40.1. Use of air space above the al-
leyways within Business Im-
provement District No.1.
In the event any owner of property abutting an
alleyway within the boundaries of Salina Busi-
ness Improvement District Number 1 requests a
permit to use a portion of the air space above the
alley for improvements to the property, the zoning
administrator may grant such a permit following
review and recommendation by the Salina Busi-
ness Improvement District Number 1 design re-
view board. Authorized improvements shall con-
sist of awnings, canopies, marquees and signs.
The application for such permit shall be made in
conjunction with the building permit application
for the improvements. Minimum requirements
for consideration for a permit shall be that:
(1) The proposed improvements extend over
the alleyway no more than one-half the
width of the alleyway.
(2) The proposed improvement may be ap-
proved only if it is a minimum of eight (8)
Supp. No. 15
feet above the highest grade elevation of
the alleyway. In addition, any proposed
improvement to be located in an alleyway
maintained by the city with mechanized
street sweeping equipment shall be ap-
proved only if it is determined by the
director of general services that the phys-
ical presence of the proposed improve-
ment will not inhibit the use of such
equipment.
(3) The property owner execute an agree-
ment acknowledging responsibility for all
ongoing maintenance necessary to keep
the improvements in a good state of repair
and appearance.
(4) The property owner execute an agree-
ment to hold the city harmless and to
indemnify the city for any loss, cost or
damage caused by such use and to pro-
cure and maintain public liability insur-
ance covering the improvements for limits
of not less than the maximum liability for
claims which could be asserted against
the city for any number of claims arising
out of a single occurrence or accident
under the Kansas Tort Claims Act, as it
now exists or may hereafter be amended.
(5) The property owner execute an agree-
ment acknowledging that the permit shall
be subject to revocation by the board of
commissioners if the property is required
for public purposes or if the property
owner fails to comply with any condition
of the permit and that in either such
event the improvements shall be immedi-
ately removed without compensation.
(6) The property owner execute an agree-
ment acknowledging that in the event of
an imminent threat to public health or
safety, the city manager may direct the
immediate removal of the improvement
without compensation.
(Ord. No. 88-9248, ~ 1, 4-25-88)
Sec. 35-40.2. Use of public sidewalk in C-4
Central Business District for
business hours placement of
moveable signs and outdoor fur-
niture.
In the event any owner of a building con-
structed without setback from an abutting public
2034
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STREETS, SIDEWALKS, PUBLIC PLACES
~ 35-42
.
sidewalk or arcade in the C-4 Central Business
District requests a permit for use by the owner or
the owner's tenant for the abutting sidewalk or
arcade for business hours placement of either a
moveable sign or outdoor furniture, the city
manager's designee may grant such a permit
following review and recommendation by the Salina
Business Improvement District Number 1 Design
Review Board based upon administrative guide-
lines approved by the city manager. A moveable
sign for which a permit is obtained pursuant to
this section shall be exempt from any other sign
permit requirements.
(Ord. No. 99-9931, ~ I, 6-14-99)
e
Sec. 35-41. Wires in streets-Prohibited.
It shall be unlawful for any person, except
electric light, telephone, telegraph and cable tele-
vision companies, or other persons who shall have
or may hereafter secure a franchise or license so
to do, to construct, place or maintain any wires in,
over or across any of the public streets or alleys or
other public thoroughfares or public places in the
city.
(Code 1966, ~ 32-42)
Sec. 35-42. Same-Duty to remove; declared
nuisance; abatement.
Any wires constructed, placed or maintained
contrary to the provisions of the preceding section
shall be removed by the person responsible there-
.
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Supp. No. 15
2034.1
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STREETS, SIDEWALKS, PUBLIC PLACES
~ 35.51
for at the direction of the electrical inspector of
the city. 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, and in addition
to such remedy by abatement, the electrical in.
spector shall have authority to take down and
remove any such wires at any time at the cost of
such person. (Code 1966, ~ 32-43)
Sec. 35-43. Newsraeks.
The placing of newsracks shall be allowed upon
sidewalks or other public property by permit is-
sued by the city clerk. The city manager is autho-
rized to adopt administrative regulations re-
garding the issuance of such permits based upon
public safety and public property maintenance con-
cerns. The term "newsrack" shall include any de-
vice for holding and dispensing multiple copies of
any newspaper publication for free or for a charge.
(Ord. No. 90-9405, ~ 1, 8-27-90)
Sees. 35.44-35-50. Reserved.
DIVISION 2. OBSTRUCTING VISIBILITY AT
INTERSECTIONS
Sec. 35.51. Prohibited.
In all areas on public or private property at any
corner formed by intersecting public streets or
public streets intersecting with private driveways,
it shall be unlawful to install, set out or maintain
or to allow the installation, setting out or main-
tenance of any sign, fence, hedge, shrubbery, nat-
ural growth or other obstruction to view, or the
parking of any vehicle within that triangle formed
as hereby described, such areas to be herein re-
ferred to as the clear sight zone.
(1) In uncontrolled intersections, the triangle
is formed by the curb lines (or the shoulder
of the road where no gutter exists) of the
intersecting streets drawn from the apex of
the intersecting curblines back a distance
of sixty (60) feet with a line drawn between
such points.
(2) At intersections controlled only by yield
signs, a clear sight zone consists of two (2)
triangles at each approach, one (1) on each
side of any vehicle approaching the inter-
Supp. No.9
section. The triangle to the left of the ap-
proaching vehicle is calculated by utilizing
table 1, which table appears at the end of
this section.
(3) At intersections controlled only by stop
signs, a clear sight zone consists of two (2)
triangles at each approach, one (1) on each
side of any vehicle approaching the inter-
section. The triangle to the left of the ap-
proaching vehicle is calculated by utilizing
table 2, which table appears at the end of
this section.
(4) At intersections controlled only by full sig-
nalization or four-way stop signs, the clear
sight zone consists of a triangle formed by
the curblines (or the shoulder of the road
where no gutter exists) of the intersecting
streets drawn from the apex of the inter-
secting curblines back a distance of four-
teen (14) feet with a line drawn between
such points.
(5) At intersections formed by public alleys and
streets, the clear sight zone consists of two
(2) triangles at each approach, one (1) on
either side of the intersecting alley. The
legs of these triangles are formed by the
intersection of the curbline of the street (or
the shoulder of the road where no gutter
exists) and the centerline of the alley. These
triangles are formed by measuring along
the curbline (or shoulder) of the street from
the center of the alley eighty (80) feet to the
left and sixty-five (65) feet to the right and
connecting each of these points to a point
which is determined by measuring along
the centerline of the alley back a distance
of twenty (20) feet from the curbline (or
shoulder) of the street.
(6) At intersections formed by private drive-
ways normally accessible to the public and
public streets, clear sight zones will be de.
termined utilizing the standards set forth
for intersections controlled only by stop
signs above.
If on-site conditions exist which have not been
adequately anticipated by the adoption of these
regulations, the situation will be reviewed by spe-
cific appropriate regulations will be determined
by the city engineer.
2035
C/J
~
~
CD
t.:l
o
,C/.)
0)
Yield
Sign Sight Triangle
a' & c'
6' if No Parking
12' if Parkin" permitted
o
III
..J
..J
o~
a: III
Hill
za:
O~
UIIl
b' & d'
Smaller of: Street width-12' or
1/2 Street uidth +3'
Curb Line
STREET
+
G
E
...........
.........
.........
...........
...........
~
View Obstruction
Cortrolled Street Parking on No ParkinC' on
\~i dth Thru Street Thru Street
W E F E F
2)' 83' 39' 96 ' 45'
29' 79 ' 38' 92' 44'
33' 76' 36' 89 ' 42'
37' 74' 35' :17' 41'
Note: Values for E & F vary with the width of
the Controlled Street (W).
a',b',c', and d' are the distances from the
driver to the curb line.
Distances are based on safe stopping distances
usinq speeds of 25 mph on the Thru Street and
15 mph on the Controlled Stl"eet.
CO'b ~i:!JGJ1.]
/' -
/'
/'
Curb Line
I
/"
/"
/"
~/~V~b","Cli~
Thru Street Parkina on No Parkino on "\
Hidth Controiled Street Cont ro 11 ed Street
V G H G H
25' 32' 39' 88' 42'
29 ' 73' 35' 79 ' 38 '
33' 68' 32' 74 ' 35'
'\... 37' 63' 30' 69 ' 33' ./
Note: Values for r, & H vary with the width of the
Thru Street (V).
c<)>
t.l
C11
6.
...
~
~
o
o
t:l
t'1
e
f
~
ClIl
I.-.:l
o
Cl:l
?l
......
.
e
.
Stop Sign Sight Triangle
a' & c'
6' if No Parking
12' if Parking permitted
b' & d'
Smaller of: Street width-12' or
1/2 Street width +3'
Curb Line
300'
THRU
STREET
_r
E
o
W
...J
...J ~
~ W
~I~
~ ~
u VI
+
a',b',c', and d' are the distances from
the driver to the curb line.
Curb Line
300'
-.::.V~ - -~ -
...-- -
G
-
-
-
"I --
;;,
-, ,-
~ --r I ~~ r7 ~ J:
-- ~~ --
~ IlU 8
~ - Curb Line
~Vi.~"'!n
I. w
Controlled S tree t Parkino on No Parkin!] on
Width Thru Street Thru St!'~!'lt
\~ E F E F
25' 154' 14' 20 I' 14 '
29' 150' 14 ' 197' 14 '
33' 147' 13' 195 ' 14 '
37' ltl5' 13' 193' 14 '
Note: Val ues for E & F vary I'lith tile I.Ji dtil of
the Controlled Street (W).
.1
Thru Street Parking on No Parking on
I.!i dth Controlled Street Controlled Street
V G H G H
25' 149' 14' 155' 14 '
29 ' 129 ' 14' 135' 14'
33' 118' 14 I 124 ' 14'
37' Ill' 14 ' 117' 14 '
rlote: Values for G & H vary I'/i th t:,c l;iJth of the
Thru Street (V).
e
>
00
>-3
l:l:l
t%j
t%j
>-3
.00
00
S
t%j
~
~
"tl
53
t"'
-
(')
"tl
~
t%j
00
CO>
c.>
9'
en
...
~ 35-52
SALINA CODE
Sec. 35.52. Exceptions.
The provisions of section 35-51 shall not apply
to permanent buildings; public utilities poles;
equipment required for traffic control; hedges
trimmed to a height of less than three (3) feet;
trees, the limbs of which are at all times kept
trimmed of limbs and sucker growth on the trunk
to a height of at least eight (8) feet or the limbs of
which overhang the public street and are at all
times kept trimmed of sucker growth to a height
of at least thirteen (13) feet; plant species not
planted in the form of a hedge, which are so
planted and trimmed as to leave at all times a
clear and unobstructed cross view; fences not ex-
ceeding four (4) feet in height, provided that the
ratio of the solid portion of the fence to the open
shall not exceed twenty-five (25) percent; sup-
porting members appurtenant to permanent build-
ings existing on June 25, 1965; official warning
signs or signals; places where the contour of the
ground is such that there can be no cross visibility
or signs mounted ten (10) feet or more above the
ground whose supports do not constitute an ob-
struction; and noncommercial signs constructed
parallel with the base line which, in the opinion
of the police department, do not obstruct the clear
sight zone. All heights herein mentioned shall be
measured from the gutter grade at the apex of the
clear sight zone triangle. (Code 1966, ~~ 32.56,
36.505(2); Ord. No. 90.9374, ~~ 2, 3, 4.2.90)
Sec. 35.53. Preexisting violations not ex.
cepted.
No obstruction to cross visibility shall be deter-
mined to be an exception from the application of
this division because of its being in existence on
June 21, 1965, unless expressly exempted by the
terms of this division. (Code 1966, ~~ 32.57, 36.
505(3))
Sec. 35-54. Notice, removal by property owner.
When in the opinion of the police department
an obstruction to visibility exists as prohibited
herein, it shall be the duty of the department to
give notice in writing to the property owner or
owners complained against, providing that the
notice shall specify in what manner a traffic haz-
ard has been alleged to exist. Such notice shall
Supp. No.8
direct the removal by the property owner or own-
ers of such structures, trees or other obstructions
which constitute said traffic hazard. Such prop-
erty owner or owners shall be allowed ten (10)
days in which to comply with the order, except
obstructions of a temporary nature which shall be
removed on notice. (Code 1966, ~ ~ 32-58, 36-
505(4))
Sec. 35-55. Removal by city.
If within ten (10) days after the service of such
notice, either by mailing or by personal delivery,
the owner or owners of the lot or parcel of land
have failed, refused, or neglected to remove such
obstructions, then tlie city shall cause to be re-
moved such obstructions on the lot or pieces of
land of said owner, and the cost of such removal
shall be assessed and charged against the lot or
parcel of ground on which the obstruction was lo-
cated and the city clerk shall at the time of certi-
fying other city taxes, extend the same on the tax
rolls of the county against the lot or parcel of
ground and it shall be collected by the county
treasurer and paid to the city as other taxes are
collected and paid. (Code 1966, U 32-59, 36.
505(5))
Secs. 35-56-35-60. Reserved.
ARTICLE IV. MOVING BUILDINGS
DIVISION 1. GENERALLY
Sec. 3lHJl. Notice to building official required.
The applicant for a moving permit shall give
the building official twenty-four (24) hours' notice
in writing or in person before moving the build-
ing on any city street, which shall entitle the
applicant to use the streets of the city for such
moving operations during one calendar day. (Code
1966, ~ 32.78)
Sec. 35-62. Height of building.
The over-all height of a building, when loaded
up for moving, shall not exceed twenty-five (25)
feet, as determined by the building official. (Code
1966, ~ 32-79)
2036.2
e
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.
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STREETS, SIDEWALKS, PUBLIC PLACES
Sec. 35-63. Removal of wires.
Any person desiring to move any 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, coaxial cable, railroad signal
light power lines or other types of wires or cables
have been erected and maintained with the knowl-
edge, permission and consent of the city, shall
give to the person owning or in charge of such
wires at least twenty-four (24) hours' written no-
tice of the time and place, when and where it may
be necessary to cut or remove such wires to per-
mit the moving of such house or other building
and shall deposit in advance with such person the
estimated cost of cutting, removing and replacing
such wires. The owner or person in charge of such
wires shall, within a reasonable time after the
hour mentioned in such notice, remove the wires
for a sufficient length of time to permit such mov-
ing, and the entire cost and expense of removing,
cutting and replacing of the 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 making such
request; provided, however, that if by the terms
of any existing franchise or ordinance, any person
has been given the right to maintain wires on,
along or across any street or public thoroughfare
in the city at a distance of not less than sixteen
(16) feet from the ground, then the person owning
such wires shall not be required to remove and
replace the same without charge unless such wires
shall be less than sixteen (16) feet above the sur-
face of street. (Code 1966, ~ 32-80)
Sec. 35-64. Moving on certain streets prohib-
ited; special permits.
It shall be unlawful for any person to move any
house or other building into, along, through, upon
or across Santa Fe Avenue, Fifth Street and Sev-
enth Street between the south line of Elm Street
and the south line of Walnut Street, or into, through,
along, upon or across Ash Street, Iron Avenue or
Walnut Street between the east line of Fourth
Street and the west line of Ninth Street, except
Supp. No.8
~ 35-66
that for the moving of any house or other build-
ing across the Smoky Hill River or across or along
any of such streets, a special permit may be granted
by the city manager. (Code 1966, ~ 32-81)
Sec. 35-65. Precautions required when buDding
left in street at any time.
If any house or other building being moved
shall be left standing in any street at night or at
any other time, while no work is being done in
connection with the moving thereof, the person
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 building
official, which shall, however, leave space at ei-
ther side of such sign for the passing of traffic, for
the purpose of notifying users of such street that
the same is blocked and impassable, and any such
sign shall be sufficiently lighted at night so as to
make it plainly visible to all approaching the
same and the person so moving any such house or
building at the close of work on each day notify
the fire chief of the exact location of any such
house or other building in any street, avenue,
alley or other public thoroughfare in the city.
(Code 1966, ~ 32-82)
Sec. 35-66. Precautions required when left
in street at night.
It shall be unlawful for any person to permit
any house or other building being moved to stand
in or upon any street, avenue, alley or any other
public thoroughfare in the city between the hour
of sunset and the hour of sunrise without placing
and maintaining between such hours, in a con-
spicuous position on the 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 con-
nection 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. (Code 1966, ~ 32-83)
2036.3
~ 35-67
Sec. 35-67. 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. (Code 1966, ~ 32-84)
Sec. 35-68. Planking required; exception.
No house or other building shall be moved over
or along any paved street in the city unless plank-
ing not less than two (2) inches in thickness, of a
width equal to the full width of the rollers on
which the building is moved, shall be laid under
all rollers; provided, that 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 con-
sent 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; pro-
vided further, that a permit to omit such plank-
ing, or the use of planking where required and
Supp. No.8
SALINA CODE
2036.4
e
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STREETS, SIDEWALKS, PUBLIC PLACES
used, shall not relieve the person moving any
such house or other building or the surety on his
bond, from liability for any damage which may be
done to any pavement over or along which such
house or building may be moved. (Code 1966, ~
32-85)
Sec. 35-69. Trimming of trees.
No tree or any branch, limb or part thereof
shall be broken, cut off or removed by any person
for the purpose of moving any house or building,
except under the direction and supervision of the
building official or of a person duly authorized by
him, and in such manner and way and with such
treatment of the tree thereafter as may be ap-
proved by the building official. Any person so
breaking or removing any tree or part thereof as
herein provided for or who shall direct or request
such breaking, cutting or removing, or who may
be responsible therefor, shall pay the expense of
such supervision and the expense of any employ-
ees of the building official or the city 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 provisions of the laws of the
state nor to relieve any such person of any liabil-
ity on account of any such laws of the state; pro-
vided further, that for the purpose ofthis section,
the building official 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 direct~on or request of any such
person, be deemed to be the agent and represen-
tative of the person on whose behalf such cutting
or trimming as provided for by the permit for
moving such house or building; and such person
shall be responsible for the acts of the building
official or any other such employees in connection
with the cutting, trimming or destruction of any
such tree or parts thereof. (Code 1966, ~ 32-86)
Cross reference-Trees and shrubs generally, Ch. 39.
~ 35-72
Sec. 35-70. Leaving building standing more
than one hour.
No building shall be stopped and left standing
for a longer period than one hour except between
the hours of 5:00 p.m. of one day and 8:00 a.m. of
the succeeding day. (Code 1966, ~ 32-87)
Sec. 35-71. Crossing railroad tracks.
No house or building moving permit shall be
issued without the mover having first obtained
from any railroad whose tracks are to be crossed
a written statement indicating that the railroad
and the mover have agreed upon the time that
the tracks are to be crossed by the house or build-
ing being moved so that the time of crossing will
be coordinated with all existing train schedules.
This written statement must be filed with the
city clerk before the house or building moving
permit shall be issued by the city clerk. The mover
shall notify the railroad whose tracks are to be
crossed of the intended date and hour of crossing
within forty-eight (48) hours of that time. The
railroad shall advise the movers of its schedules
and execute the consent and deliver the same to
the mover within not less than twenty-four (24)
hours following notification of the railroad by the
mover. (Code 1966, ~ 32-88)
Sec. 35-72. Violations.
Any person, either as an individual or as the
officer, agent, representative, employee or mem-
ber 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; provid-
ed, that each and every violation of any provi-
sions 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; provided further, that the per-
2037
S 35-72
SALINA CODE
son making the application for the permit pro-
vided 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 au-
thorized and shall be responsible for any viola-
tion of this article by any other person in any way
connected with the moving of such house or build-
ing, but nothing herein contained shall be con-
sidered as relieving any other person from respon-
sibility of any violation of the terms of this article
of which such person may be found guilty. (Code
1966, ~ 32-89)
Secs. 35-73-35-80. Reserved.
DIVISION 2. PERMIT
Sec. 35-81. Required.
No person either as an individual or as the
agent, employee, officer, representative or mem-
ber of any firm or corporation, shall move any
frame house or other building, or any part there-
of, from one place to another within the city, and
through, over, on or across any street, avenue,
alley or other public thoroughfare within the city
without first making application for and securing
a permit so to do from the city clerk as provided
in this division. (Code 1966, ~ 32-70)
Sec. 35-82. Application.
The application for a moving permit shall con-
tain a description of the building, its location, the
location to which it is to be moved and the pro-
posed route. (Code 1966, ~ 32-71)
Sec. 35-83. Approval of application by build-
ing official.
Before any application for a moving permit is
filed, it shall be referred to the building official of
the city, who shall inspect any such house or
building described in such application, and if the
floor area does not exceed two thousand (2,000)
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 appli-
cant, 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. (Code 1966, ~ 32-72)
Sec. 35-84. Approval of route by fire chief,
city engineer.
If the application for a moving permit is ap-
proved by the building official, he shall submit
the same to the fire chief and the city engineer for
their approval of the route over which such build-
ing 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. (Code 1966, ~
32-73)
Sec. 35-85. Fees.
(a) For a moving permit to move any frame
house or other building or any part thereof through,
over, on or across any street, avenue, alley or
other public thoroughfare within the city, the ap-
plicant shall pay to the city at the time such
application is filed an initial fee as prescribed in
section 2-2.
(b) If the moving operations are not completed
within one calendar day, the applicant shall pay
to the city for use of its streets an additional fee
in the amount of the initial fee for each calendar
day or any part thereof, for which the city streets
are used in such moving operations. (Code 1966,
n 32-74, 32-75)
Sec. 35-86. Bond required.
Before the issuance of any permit by the city
clerk, the applicant therefor shall file with the
city clerk a bond in the sum of five thousand
dollars ($5,000.00) conditioned that the 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 city 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 ha,ve been suffered on account of the moving of
any such house or building or on account of the
omission or commission of any act in connection
therewith, and indemnifying the city and the pub-
2038
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STREETS, SIDEWALKS, PUBLIC PLACES
lic and any and all persons against any injury,
damage or loss suffered by them or caused by
reason of the 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 and as to the sufficiency of the
sureties by the city manager. 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 in such bond until he shall file
another bond as required by this section.
(Code 1966, ~ 32-77)
Sec. 35-87. Issuance, duration.
When an application for a moving permit is
filed, with the certificate of the building official,
fire chief, and city engineer, noted thereon, the
city clerk shall issue the permit, which permit
shall be valid for sixty (60) days from the date of
issuance.
(Code 1966, ~ 32-76)
Sees. 35-88-35-100. Reserved.
ARTICLE V. NUMBERING BUILDINGS
Sec. 35-101. Compliancerequiredjexception.
All the business buildings and dwellings situ-
ated within the corporate limits of the city shall
be numbered in the manner and according to the
plan specified in article V of chapter 35 of the
Salina Code; provided, however, that the business
buildings and dwellings which have been using
addresses and numbers not in strict conformance
with the provisions of section V of chapter 35 of
the Salina Code on the effective date of this
section need not comply with said numbering
system.
(Code 1966, ~ 32-100; Ord. No. 84-9056, ~ 1,
12-17 -84)
Supp. No. 12
~ 35-106
Sec. 35-102. Starting points.
The initial or starting lines for building num-
bers shall be Santa Fe Avenue and Iron Avenue,
numbering north and south from Iron Avenue and
east and west from Santa Fe Avenue, and allow-
ing 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,
but as consistent with the numbering system
provided as possible, for odd arrangements of
streets.
(Code 1966, ~ 32-101)
Sec. 35-103. Even and odd numbers.
Beginning at the intersection of Santa Fe Ave-
nue and Iron Avenue, even numbers shall be
assigned to the right-hand side of the streets and
odd numbers to the left-hand side of the streets.
The assignment of address numbers shall be the
responsibility of the city engineer.
(Code 1966, ~ 32-102)
Sec. 35-104. Size of figures.
The figures used for numbering buildings shall
not be less than two and one-half (2]12) inches
high and shall be a color that contrasts with the
building background for increased visibility.
(Code 1966, ~ 32-103; Ord. No. 90-9412, ~ 1,
10-15-90)
Sec. 35-105. Assignment of numbers.
It shall be the duty of the city engineer to see
that all buildings which may hereafter be erected,
or changed in the fronts of buildings already
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.
(Code 1966, ~ 32-104)
Sec. 35-106. Duty to display numbers.
All business buildings or dwellings situated
within the corporate limits of the city shall dis-
play the number assigned to that building on the
front of the building.
(Code of 1966, ~ 32-105; Ord. No. 90-9412, ~ 2,
10-15-90)
2039
~ 35-107
SALINA eOURrY CODE
Sec. 35-107. Curb marking license or permit
required.
No person shall paint, apply or otherwise mark
letters, numbers, or other graphics on a street,
curb, public sidewalk, or other public improve-
ment located in the public right-of-way (collective-
ly referred to as "curb marking") without first
applying for and obtaining a license or permit
issued by the city clerk. Any person engaged in
performing curb marking for other property own-
ers, whether compensated or not, shall first ob-
tain a curb marking license in accordance with
Chapter 20. Any person performing curb marking
in relation to his or her own property shall first
obtain a curb marking permit.
(Ord. No. 96-9768, ~ 1, 11-4-96)
Sec. 35-108. Specifications.
The city manager is authorized and directed to
establish requirements for the curb marking li-
cense and curb marking permit, including, but
not limited to, specifications relating to color, size,
and public purpose. It shall be unlawful to fail to
obtain a curb marking license or permit when
required or fail to comply with the requirements
established pursuant to this section.
(Ord. No. 96-9768, ~ 1, 11-4-96)
Sec. 35-109. Public disclaimer.
Any advertisements or solicitations by a curb
marking license holder shall include the state-
ment that: "This is not a city government, fire or
police department program. Our firm is licensed
by the City of Salina to perform curb marking, but
the city neither requires this type of curb mark-
ing, nor endorses any particular curb marking
service".
(Ord. No. 96-9768, ~ 1, 11-4-96)
Sec. 35-110. Fees.
The application for a curb marking license
shall be accompanied by the necessary license fee
set forth in section 2-2 of this Code. No fee shall be
required for a curb marking permit.
(Ord. No. 96-9768, ~ 1, 11-4-96)
Sees. 35-111--35-120. Reserved.
Supp. No. 12
ARTICLE VI. DRIVEWAYS AND
SIDEWALKS
DMSION 1. GENERALLY
Sec. 35-121. Definitions.
The following works and phrases, when used in
this article, shall have the meanings respectively
ascribed to them:
(1) Contractor means a person who is li-
censed by the city to perform concrete
construction within the public right-of-
way.
(2) Corner means the point of intersection of
the property lines of. a comer lot where
two (2) streets intersect.
(3) Curb parking space means a length of
curb equal to twenty-two (22) feet where
an automobile or other vehicle can park.
(4) Curb return means that portion of a curb
next to a driveway approach which in-
cludes the radius of curvature or the ramp-
type lug on commercial or industrial type
pavements and which connects the drive-
way approach to the street curb.
(5) Driveway means a place on private prop-
erty for the operation of automobiles and
other vehicles.
(6) Driveway approach means an area, con-
struction or facility between the roadway
of a public street and private property.
For clarification, a driveway approach must
provide access to something 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.
(7) Outside sidewalk line means a line paral-
lel to the property line lying along the
edge of the sidewalk nearest the street
roadway or curb; or, where no sidewalk
exists, a line in the street right-of-way
parallel to and six (6) feet from the line of
the private property.
2040
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STREETS, SIDEWALKS, PUBLIC PLACES
(8) Parcel of land means a lot or lots, or tract
officially registered under one ownership.
(Code 1966, ~ 32-116)
Cross reference--Definitions and rules of construction
generally, ~ 1-2.
Sec. 35-122. Supervision of work; rules; reg-
ulations authorized.
All work done under a permit issued in compli-
ance with this article shall be under the direction
and supervision ofthe city engineer, who is hereby
authorized to make the necessary rules, regula-
tions and specifications with respect to materials
for and method of construction of such driveway
approaches or sidewalks. Such rules, regulations
and specifications shall be kept on file in the office
of the city engineer and the city clerk at all times.
(Code 1966, ~ 32-131)
Sec. 35-123. Reserved.
Sec. 35-124. Plans and specifications
adopted; filing; amendments.
The plans and specifications for sidewalks,
driveway approaches, curbing and guttering and
other concrete work in the streets and designated
"Specifications for Concrete Work", are hereby
adopted by reference. Copies shall be kept on file
in the offices of the city clerk and the city engi-
neer.
(Code 1966, ~ 32-217)
Sec. 35-125. Compliance with plans and spec-
ifications.
All sidewalks, driveway approaches, curbing
and guttering constructed, reconstructed or re-
built in any of the streets or public grounds of the
city shall be constructed of concrete in accordance
with plans and specifications as to material and
methods of construction to be furnished by the
city engineer.
(Code 1966, ~ 32-205)
Sec. 35-126. Maintenance required; 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
Supp. No. 12
~ 35-129
thereby, and any such driveway approach which
shall not be so maintained and kept or which
shall interfere with or obstruct the drainage car-
ried by such street or the use of the street for the
purpose of travel shall be repaired to conform
with the specifications of this article and the
rules, regulations and specifications of the city
engineer or be removed.
The city engineer, or city clerk, after giving
thirty (30) days' notice to the owner or his or her
agent of the necessity therefor and failure of the
property owner to perform said improvements
may make all necessary repairs at any time. An
account of the cost thereof shall be kept and
reported to the governing body.
The city shall, by ordinance, levy a special
assessment against the lot or piece of land so
repaired for the cost of repairs, and if the abutting
property owner does not pay the assessment within
thirty (30) days, upon the city clerk mailing to the
owner or his or her agent, if known, a printed or
written notice of the amount of such repairs, the
full amount shall be certified by the city clerk to
the county clerk to be put on the tax rolls for
collection like other taxes. .
(Code 1966, ~ 32-133; Ord. No. 85-9106, ~ 1,
10-28-85)
Sec. 35-127. Compliance with article re-
quired.
In addition to the rules, regulations and spec-
ifications promulgated by the city engineer with
respect to driveway approaches or sidewalks, the
following requirements shall be complied with in
the work done under the provisions of this article.
(Code 1966, ~ 32-141)
Sec. 35-128. Approaches to be paved.
All driveway approaches shall be paved.
(Code 1966, ~ 32-142)
Sec. 35-129. Where driveway approaches
prohibited.
It shall be unlawful for any person to construct,
alter or extend, or permit to cause to be con-
2041
~ 35-129
SALINA COUNTY CODE
structed, altered or extended, any driveway ap-
proach which can be used only as a parking space
or area between the curb and private property.
(Code 1966, ~ 32-129)
Sec. 35-130. Reserved.
Sec. 35-131. Location of driveway approach.
No portion of a driveway approach, including
the curb return, shall be constructed within six
and one-half (6]12) feet of a corner.
(Code 1966, ~ 32-159)
Sec. 35-132. Width of driveway approaches.
No driveway approach shall be less than eight
(8) feet nor more than thirty (30) feet in width at
the outside walk line; provided, that the city
engineer shall be empowered to grant special
exceptions to the above and foregoing limitations.
The granting or denial of such special consent by
the city engineer shall be predicated upon the
calculated additional hazard to the general public
as a consequence of allowing such exception in
each particular case.
(Code 1966, ~ 32-156)
Sec. 35-133. Distance between driveway ap-
proaches.
There shall be not less than one curb parking
space between any two (2) driveway approaches
located on any parcel of land.
(Code 1966, ~ 32-157)
Sec. 35-134. Location of sidewalks.
(a) Sidewalks shall be property-line sidewalks
or curb sidewalks.
(b) A property-line sidewalk is one whose in-
side edge is one (1) foot from the adjacent prop-
erty line; or, in business districts, at the property
line.
(c) A curb sidewalk is one abutting the curb or
curbline.
(d) When a sidewalk exists on one side of a
street between two (2) adjacent streets that cross
or intersect it or in the case of a dead-end street,
from the last street to the end of the dead-end
Supp. No. 12
street, all new sidewalk construction shall be
located to conform with the existing sidewalk
location.
(Code 1966, ~ 32-218)
Sec. 35-135. Protection of public; nonliability
of city.
The owner and contractor shall protect the
public from injury and/or damage during the
construction of driveway approaches or sidewalks
and it is herein stipulated as an essential condi-
tion of the issuance of a permit that the city shall
not be liable for damage which may arise from the
prosecution of the work.
(Code 1966, ~ 32-145)
Sec. 35-136. Exemption for contractors with
city.
This article shall not apply to any person doing
or performing any work of the nature herein
described for the city under a contract with such
city and for which regular performance, mainte-
nance and statutory bonds are required by the
city and furnished by the contractor for the spe-
cific work covered by any such contract.
(Code 1966, ~ 32-204)
Sec. 35-137. Procedure for sidewalks gener-
ally.
The procedure for the construction, reconstruc-
tion and repair of sidewalks shall be as provided
by Article 18 of Chapter 12 of Kansas Statutes
Annotated, and according to requirements speci-
fied by ordinance; provided, that nothing herein
shall be construed as prohibiting the use of Article
6a, Chapter 12, Kansas Statutes Annotated.
(Code 1966, ~ 32-206)
Sec. 35-138. Procedure for sidewalks on pe-
tition of property owners.
(a) Whenever a petition signed by persons own-
ing not less than fifty (50) percent of the real
estate abutting the proposed sidewalk construc-
tion paying for the construction of a sidewalk or
sidewalks in the area proposed, is filed with the
city clerk, the board of commissioners may, in its
discretion, by resolution, order such sidewalk or
sidewalks constructed.
2042
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STREETS, SIDEWALKS, PUBLIC PLACES
(b) The cost of all sidewalks constructed under
the provisions of this section shall be assessed to
the property abutting on such sidewalks.
(c) When a sidewalk or sidewalks has or have
been constructed and where special assessments
must be levied for the expense thereof, the board
of commissioners shall, as soon as the cost is
ascertained, levy an assessment against the lots
or pieces of land chargeable therefor, by ordi-
nance, and the property owner shall have thirty
(30) days after the publication of the ordinance
within which to make full payment of the assess-
ment. The city clerk shall mail a notice not less
than fifteen (15) days prior to the end ofthe thirty
(30) days to the owner of the property as shown on
the records of the office of the register of deeds,
but failure of the owner to receive notice shall not
affect the validity of the assessment. The board of
commissioners may issue bonds in the manner
provided in the general bond law to finance the
unpaid balance of any such special assessments.
(d) The assessment for construction of such
sidewalks shall be levied as provided for in K.S.A.
12-1811, 12-1812 and 12-1814; provided, that
temporary notes may be issued during the con-
struction of such sidewalks and before the issu-
ance of sidewalk bonds.
(Code 1966, ~ 32-207)
Sec. 35-139. Notice of completion of work;
inspection; disapproval and cor-
rection; license revocation.
The contractor shall notify the city engineer of
the completion of any work for which a permit has
been issued hereunder. 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 the 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 engi-
neer may issue an order revoking the license of
such contractor, which order may, on application
of the contractor filed with the city clerk within
Supp. No. 12
~ 35-152
ten (10) days from the date of such order, be
reviewed and approved or set aside by the board
of commissioners.
(Code 1966, ~ 32-219)
Sec. 35-140. Violations.
Any person, whether acting for himself or as
the agent, representative, 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 thereof as herein required, or who, when
required by this article, shall do any such work
without securing the license and filing the bond or
bonds required by this article, or who shall other-
wise violate any of the provisions of this article
shall be deemed guilty of a misdemeanor.
(Code 1966, ~ 32-220)
Secs. 35-141-35-150. Reserved.
DIVISION 2. PERMIT
Sec. 35-151. Required.
No sidewalks, driveway approaches, curbing,
guttering or any other concrete work in any street
or public grounds in the city shall be constructed,
reconstructed or rebuilt until a permit therefor
shall have been issued by the city engineer, and
shall be on such form as may be prescribed by the
city, and any such plans and specifications re-
ferred to in this article shall be deemed to be a
part of any such permit.
(Code 1966, ~ 32-117, 32-215; Ord. No. 96-9757, ~
8-26-96)
Sec. 35-152. Fee.
The fee for issuance of a permit under this
division shall be as prescribed in section 2.2.
(Code 1966, ~ 32-215)
2043
~ 35-153
SALINA COONTY CODE
Sec. 35-153. Contents of form.
The permit form shall contain information show-
ing:
(1) Type of construction;
(2) The dimensions of the proposed driveway
approach or proposed sidewalk;
(3) The location of the driveway approach or
sidewalk by lot and block number as well
as by street and house number;
(4) Such other information as may be re-
quired by the city engineer.
(Code 1966, ~ 32-119)
Sec. 35-154. Who must obtain permits.
The permit shall be obtained by the contractor
or by the contractor's duly authorized agent de-
siring to construct the driveway approach or
sidewalk.
(Code 1966, ~ 32-120; Ord. No. 96-9757, ~ 1,
8-26-96)
Sec. 35-155. Issuance.
Permits hereunder shall be issued by the city
engineer if the city engineer has determined that
the contractor has complied with the terms of this
article and such rules, regulations and specifica-
tions of the city engineer as shall be on file in the
office of the city engineer and in the office of the
city clerk.
(Code 1966, ~ 32-121; Ord. No. 96-9757, ~ 1,
8-26-96)
Sec. 35-156. License, security prerequisite
to permit.
No permit required by section 35-151 shall be
issued to any person from whom a license and
security is required until such license shall be
issued and such security filed and approved.
(Code 1966, ~ 32-216; Ord. No. 96-9757, ~ 1,
8-26-96)
Sec. 35-157. Licensing.
No person shall engage in the work of construct-
ing, reconstructing or rebuilding sidewalks, drive-
ways, curbing, guttering or other concrete work in
the streets, alleys or other public grounds in the
Supp. No. 12
city without first having secured from the city
clerk a license therefor. The licensee under this
article shall pay to the city an annual fee as
prescribed in section 2-2.
(Code 1966, ~~ 32-208, 32-209)
Cross reference-Licenses generally, Ch. 20.
Sec. 35-158. Security required.
(a) Before a permit shall be issued by the city
engineer, the applicant must deposit with the city
clerk a good and sufficient bond or bank-issued
irrevocable letter of credit running in favor of the
city and conditioned that the applicant shall faith-
fully carry out all that is required by this article,
the rules, regulations and specifications of the
city engineer and the permit for which application
is l11ade within a period of one hundred twenty
(120) days from the date of issuance of the permit.
(b) The bond or letter of credit shall be in the
principal sum of not less than one thousand
dollars ($1,000.00) and shall run to the city 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, condi-
tioned that any such work shall conform in all
respects to the plans and specifications prepared
by the city engineer and on file in the office of 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 will, without charge, make any
repairs or replace any such work if the same shall,
in the opinion of the city engineer, become so
defective as to require repair or replacement
within such period of two (2) years.
(c) After a permit hereunder has been issued,
the bond or letter of credit shall be subject to
demand for the full principal sum if the permit
holder shall not have completed all of the work
authorized by the permit in accordance with this
article and the rules, regulations and specifica-
tions of the city engineer within a period of one
hundred twenty (120) days from the date of issu-
. ance 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 com-
mencement of any work that was done under the
permit, including curbing and guttering where
2044
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STREETS, SIDEWALKS, PUBLIC PLACES
necessary, all at the expense of the permit holder,
applying thereon the proceeds of the required
security.
(d) As an alternative to the bond or letter of
credit referred to above, the city clerk may accept
from the contractor a six-month certificate of
deposit payable to the city in the principal sum of
no less than one thousand dollars ($1,000.00),
which shall be subject to forfeiture to the city
upon the same conditions applicable to a bond or
letter of credit, as outlined above. The certificate
of deposit shall be retained by the city for two (2)
years after the completion of the applicable work,
at which time the certificate of deposit may be
endorsed back to the contractor if there are no
claims by the city or by any person making a
claim against the certificate of deposit under
subparagraph (b) above. In the case of a breach of
performance, the city engineer shall determine
the amount of money needed to remedy such
breach and may set off the amount from the
money on deposit under the letter of credit, after
notice to the contractor of such breach and the
amount to be set off as determined by the city
engineer.
(Code 1966, ~~ 32-125-32-127, 32-213, 32-214;
Ord. No. 96-9757, ~ 1,8-26-96)
Sec. 35-159. Term.
The driveway approach or sidewalk shall be
completed within one hundred twenty (120) days
after the date of issuance of a permit hereunder.
(Code -1966, ~ 32-124)
Sec. 35-160. Revocation.
(a) All permits granted for the use of public
property under the terms of this division shall be
revocable at the will of the board of commission-
ers.
(b) A permit issued under the provisions of this
division 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.
(Code 1966, ~~ 32-122, 32-123)
Sees. 35-161-35-175. Reserved.
Supp. No. 12
f 35-177
ARTICLE VII. SERVICE PIPES AND
SEWERS AHEAD OF PAVING.
Sec. 35-176. Duty to lay.
It shall be the duty of the owner or owners of
any lot or lots within the corporate limits of the
city to construct and lay water service pipes, gas
service pipes and sewers to the back of the curb
abutting such lot or lots whenever ordered so to
do by order, resolution or ordinance of the board of
commissioners made in conformity to law; pro-
vided, 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; 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 lot or fractional parts thereof along and
abutting said paving, nor shall any service pipes
or sewers be so ordered in any streets within the
city where the mains for the same are not laid.
(Code 1966, ~ 32-231)
State law reference-Authority to require, K.S.A12-832.
Sec. 35-177. Notice by city required.
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.
(Code 1966, ~ 32-232)
State law reference-Similar provisions, KS.A 12-833.
2044.1
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STREETS, SIDEWALKS, PUBUC PLACES
Sec. ~178. IBying by city; ~nt of costs.
If the owner or owners of a lot or lots ordered to
lay and construct pipes or sewers hereunder 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 com-
missioners 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 lot or fractional parts thereof
for which such service pipes or sewers are laid.
(Code 1966, ~ 32-233)
State law reference-Similar provisions, K.S.A. 12-833.
Sec. 35-179. Certification, collection of
assessments.
Assessments under this article shall be certi-
fied by the city clerk to the county clerk to be
collected according to law in the same manner as
paving assessments are collected. (Code 1966, ~
32-234)
State law reference-Similar provisions, K.S.A. 12-833.
Sec. 35-180. Construction after expiration of
deadline.
After the expiration of the time designated in
an order for the construction of service pipes or
sewers hereunder, then the owner or owners shall
not construct or cause the same to be constructed,
without first having written authority therefor
from the board of commissioners. (Code 1966, ~
32-235)
Sec. 35-181. Compliance with ordinances,
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 accordance with the
plans, specifications and requirements as provided
for by ordinance or direction of the board of com-
missioners. (Code 1966, ~ 32-236)
Sees. 35-182-35-200. Reserved.
~ 35-202
ARTICLE VIII. EXCAVATIONS
Sec. 35-201. Permit required.
No person shall make any excavation in any
street, alley or other public ground in the city for
any purpose whatsoever, except excavations re-
quired for work under contract with the city for
which usual performance and maintenance bonds
are required, until he shall first secure from the
city engineer a permit to make such excavation.
(Code 1966, ~ 32-247)
Sec. 35-202. Bond required; amount, terms.
No permit required by this article 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 ($2,000.00), running to
the city as obligee for the benefit of the city and
any other person who may be injured by any vio-
lation 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 covered by the bond
under any permit which may be granted to him
under the provisions of this article for the mak-
ing of any excavation in any street, alley or other
public grounds in the city, and that all work done
thereunder shall be done in strict conformity with
all ordinances of the city relating to such work
and in accordance with the plans and specifica-
tions of the city engineer relating thereto, and
that the principal in such bond will indemnify
and save harmless the city and all other persons
against all costs, damages and injuries sustained
by the 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
this Code or the ordinances of the city relating to
such work or with the rules and regulations adopted
pursuant thereto or with any of the plans and
specifications governing the performance thereof,
or otherwise. (Code 1966, ~ 32-250)
2045
* 35-203
SALINA CODE
Sec. 35-203. Cancellation of bond.
No bond required by this article 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 the surety of its cancellation of liabil-
ity 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; provided, 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. (Code 1966, ~ 32-251)
Sec. 35-204. Filling, repair to be done by city.
The filling and tamping of all excavations and
the repair of all pavements over any such excava-
tion 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. (Code 1966, ~ 32-253)
Sec. 35-205. Procedure for refilling, charging
costs.
Upon notification by the city engineer that any
excavation is to be refilled, the superintendent of
streets shall, within twenty-four (24) hours, ex-
clusive of Saturdays, 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 specifica-
tions of the city engineer, and shall certify to the
city clerk the quantities of filling and paving re-
pairs required; and the total charges as calculated
from such quantities and the schedule of charges
shall be charged against the person obtaining the
permit for the excavation, and such person shall
pay the amount due thereon to the city clerk
immediately on demand. (Code 1966, ~ 32-254)
Sec. 35-206. Special provisions for public ser-
vice corporations.
The city engineer may permit any public ser-
vice corporation to furnish labor and materials
and refill excavations and repair pavements, but
the permit required by this article shall be re-
quired in all cases and all such work shall be
done strictly in accordance with the plans and
specifications of the city engineer as herein pro-
vided for. (Code 1966, ~ 32-255)
Sec. 35-207. Notice required when excavation
ready for refilling; order to street
department.
The party to whom any permit is issued under
this article shall notify the city engineer when
such party is ready for the excavation to be re-
filled. The city engineer shall note thereon the
time of receipt of such notice and shall immedi-
ately order the street department to refill the
excavation. (Code 1966, ~ 32-256)
Sec. 35-208. Street department to assume ju-
risdiction; maintenance of barri-
ers, etc.
The street department shall, within twenty-four
(24) hours of the notice required above, exclusive
of Saturdays, Sundays and legal holidays, take
charge of such excavations and shall thereafter
maintain the necessary barriers, barricades and
lanterns until the refilling and repaving is com-
pleted and ready to open to traffic. (Code 1966, ~
32-257)
Sec. 35-209. Responsibility of permittee for
barriers, etc.
The party to whom the permit is issued here-
under shall maintain all barriers, barricades and
lanterns and shall be responsible for all damages
or injuries arising from or incidental to such excava-
tion until the same has been taken charge of by
the street department as provided for above or
until the expiration of twenty-four (24) hours, ex-
clusive of Saturdays, Sundays and legal holidays,
after the city engineer has received notice that
the excavation is ready for refilling, and after the
expiration of said twenty-four (24) hours, exclu-
sive of Saturdays, 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
2046
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STREETS. SIDEWALKS. PUBLIC PLACES
~ 35-217
with such excavation except such as may result
from defective work done by such person in con-
nection with such excavation, or the actual negli-
gence of such party. (Code 1966, ~ 32-258)
Sec. 35-210. Safety precautions required; li-
ability of permittee.
Every person to whom any permit is issued, as
hereinbefore provided, shall enclose all excava-
tions which he or they may make in the public
streets, avenues or alleys with sufficient barriers
and danger signals at all times, and must main-
tain sufficient warning lights at night, and must
take all the necessary precautions to guard the
public against all accidents from the beginning of
the 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 in consequence of any accident or accidents
to persons, animals, vehicles, conduits or prop-
erty of any kind, and such person, persons, com-
pany or corporation shall also be liable to the city
on their bond for the same. Trenches or ditches in
depth of six (6) feet or more, and in all trenches
and ditches made in treacherous soil, or near build-
ings, the sides of said trenches or ditches shall be
so braced as to prevent caving or injury to the
adjoining premises; and the party excavating and
his bondsmen shall be liable to said city for all
damages arising by reason of neglect or careless-
ness in this respect. (Code 1966, ~ 32-259)
Sec. 35-211. Disposition of money received.
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. (Code 1966, ~ 32-260)
Sec. 35-212. Condition of restored surface.
All paving, curbing, guttering or macadamiz-
ing shall be replaced and renewed in as perfect
and substantial condition as before being disturbed.
(Code 1966, ~ 32-263)
Sec. 35-213. Qualifications of workmen.
All such paving, curbing, guttering and mac-
adamizing shall be done by men who are experi-
Supp. No.7
enced in such work and fully qualified to do the
same in a proper and substantial manner. (Code
1966, ~ 32-264)
Sec. 35-214. Duty to keep part of street or
sidewalk available for use.
If possible, 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. (Code 1966,
~ 32-265)
Sec. 35-215. Plans, specifications.
The city engineer shall, from time to time, pre-
pare standard plans and specifications for the mak-
ing of excavations in the streets, alleys and other
public grounds of the city and for the making of
pavement cuts and for refilling and tamping the
same and for repairing pavements, and shall be
filed in the office of the city clerk and the city
engineer, and it shall be a condition of any permit
issued under this article that the person receiv-
ing the same shall comply in all respects with all
such standard plans and specifications. (Code 1966,
~ 32-266) .
Sec. 35-216. Obedience to city engineer.
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 engaged in making or refilling any
excavation shall be immediately obeyed; and the
violation of such directions, or the failure to per-
form the same, shall be deemed a misdemeanor.
(Code 1966, ~ 32-267)
Sec. 35-217. Violations.
It shall be unlawful for any person to 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 for any person to
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. (Code 1966, ~ 32-268)
2047
~ 35-218
SALINA CODE
Sees. 35-218-35-230. Reserved.
ARTICLE IX. RAILROAD CROSSINGS.
Sec. 35-231. Duty to construct; manner of
construction.
It shall be the duty of every company owning,
managing or operating any railroad within the
limits of the city which crosses any street, alley
or highway or which traverses any such street,
alley or highway within the 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
constructed in accordance with the plans and speci-
fications as approved by the office of the city
engineer. The company shall first file with the
city clerk plans and specifications for the con-
struction of such crossings, and obtain from the
city manager permission to construct such cross-
ings in accordance therewith. (Code 1966, ~ 32.
279)
Sec. 35-232. Waiver of construction re-
quirements.
The city manager may waive the provisions of
section 35-231 by written waiver as to any cross-
ing which it is unnecessary to construct and main-
tain in accordance herewith on account of light
traffic over such crossing, and a written waiver
from the city manager as to any such crossing
shall be good until such time as such waiver is
revoked by the city manager or the board of com-
missioners, 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. (Code 1966, ~
32-280)
Sees. 35-233-35-250. Reserved.
ARTICLE X. SNOW AND ICE
ON SIDEWALKS
Sec. 35-251. Declared nuisance.
All snow and ice remaining upon any sidewalks
abutting on any lot, tract or piece of land twelve
.Cross reference-Trains and railroads, ~ 38.116 et seq.
Supp. No.7
(12) hours after the snow has fallen or ice has
accumulated are hereby declared to be a nuisance.
(Code 1966, ~ 32-302)
Cross reference-Nuisances generally, Ch. 24.
Sec. 35-252. Duty to remove.
It is hereby made the duty of the owner, occu-
pant or person in charge of any lot or piece of land
abutting on any sidewalk to remove all snow and
ice fallen or accumulated upon the sidewalk within
twelve (12) hours after such snow has fallen or ice
has accumulated. (Code 1966, ~ 32-303)
Sec. 35-253. Failure to remove.
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 the snow has fallen or ice has accu-
mulated upon the sidewalks. (Code 1966, ~ 32-304)
Sec. 35-254. Removal by city and assessment
of costs.
The city manager is hereby authorized and em-
powered to cause the removal of snow and ice
constituting a nuisance and to keep a true ac-
count of the cost of such removal and to report the
cost as to each lot, tract or piece of land to the
board of commissioners, and the board of commis-
sioners 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. (Code 1966, ~ 32-305)
Sec. 35-255. Exception; snow accumulations
from street snow removal.
The provisions of this article requiring removal
of snow and ice from sidewalks, by the owner,
occupant or person in charge of any lot, tract, or
piece of land abutting on any sidewalk, shall not
apply to any snow or ice accumulated on the side-
walk as the result ofthe city's efforts in removing
snow from city streets. (Ord. No. 88-9254, ~ 1,
6-13-88)
[The next page is 2099]
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Chapter 36
SUBDMSION REGULATIONS.
Art.
Art.
I. In General, AA 36-1~6-25
n. Application Procedure and Approval Process, n 36-2~6.70
Div. 1. Generally, ~~ 36-26-36-35
Div. 2. Preliminary Plat, ~~ 36-36-36-50
Div. 3. Final Plat, ~~ 36-51-36-58
Div. 4. Lot Split Regulations, ~~ 36-59-36-70
In. Requirements for Improvements, Reservations and Design,
n 36-71~6.90
IV:. Specifications for Documents to be Submitted, n 36-91, 36-92
Art.
Art.
.Cross references-Any ordinance approving, dedicating, accepting, designating, redesignating or vacating any plats saved
from repeal, * 1-5(16); buildings and structural appurtenances, Ch. 8; housing, Ch. 18; mobile homes and trailers, Ch. 22; planning,
Ch. 29; streets, sidewalks and other public places, Ch. 35; water and sewers, Ch. 41; zoning regulations, Ch. 42; subdividing
required prior to zoning, * 42-8.
Supp. No. 11
2099
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SUBDIVISION REGULATIONS
ARTICLE I. IN GENERAL
Sec. 36-1. Title.
This chapter shall hereafter be known, cited
and referred to as the "Subdivision Regulations of
the City of Salina, Kansas."
(Ord. No. 80-8828, g 1(1.1), 12-22-80)
Sec. 36-2. Definitions.
(a) For the purposes of this chapter certain
numbers, abbreviations and words used herein
shall be used, interpreted and defined as set forth
in this section. Any word or phrase which is
defined in this section, or elsewhere in this chap-
ter shall have the meaning as so defined when-
ever the word or phrase is used in this chapter,
unless such definition is expressly limited in its
meaning or scope.
(b) Unless the context clearly indicates to the
contrary:
(1) The word "shall" is always mandatory and
the word "may" is always permissive.
(2) The words "used" or "occupied" as applied
to any land or building shall be construed
to include the words "intended, arranged or
designed to be used or occupied".
(3) The word "building" includes "structure"
and a building or a structure includes any
part thereof.
(c) Any term not defined in this chapter or
section shall be as defined in the zoning regula-
tions of chapter 42.
(d) The following words and phrases, when
used in this chapter, shall have the meanings
respectively ascribed to them:
(1) Alley. A public or private right-of-way pri-
marily designed to serve as secondary ac-
cess to the side or rear of those properties
whose principal frontage is on some other
street.
(2) Applicant. The owner or duly designated
representative of land proposed to be sub-
divided, or for which conditional use per-
mit, amendment, variance, zoning certifi-
Supp. No. 11
~ 36-2
cate or certificate of occupancy has been
requested. Consent shall be required from
the legal owner of the premises.
(3) Area. The size of a piece of land, usually
described in terms of square feet or acres.
(4) Arterial street. See street, arterial.
(5) Block. A tract ofland bounded by streets, or
by a combination of streets and public
parks, cemeteries, railroads, rights-of-way,
shorelines, or boundary lines of municipal-
ities.
(6) Bond. A form of security, including a cash
deposit, surety bond, collateral, property or
instrument of credit in an amount and
form satisfactory to the city engineer. All
bonds shall be approved by the board of
commissioners wherever a bond is required
by this chapter.
(7) Building. Any covered structure built for
the support, shelter or enclosure of per-
sons, animals, chattels or movable prop-
erty of any kind and which is permanently
affixed to the land.
(8) Collector street. See street, collector.
(9) Common open space. A parcel ofland or an
area of water, or combination of both land
and water, within a site designated as a
planned development zoning district and
designated and intended for the use and/or
enjoyment of the residents of the planned
. development. Common open space does not
include streets, alleys, parks, off-street park-
ing or loading areas, public open space, or
other facilities dedicated by the developer
for public use.
(10) Comprehensive plan. Official public docu-
ment adopted by the local government as a
policy guide to decisions about the physical
development of the community. The plan
encompasses all geographical parts of the
community and all functional elements
which bear on physical development.
(11) Cul-de-sac. See street, cul-de-sac.
(12) Developer. The legal or beneficial owner of
all of the land proposed to be included in a
subdivision or planned development or duly
2100.1
f 36-2
SALINA CODE
authorized agent thereof, the holder of an
option or contract to purchase, a lessee
having a remaining term of not less than
forty (40) years, or other person having an
enforceable proprietary interest in such
land, shall be deemed to be a developer for
the purpose of this chapter.
(13) Double frontage lot. See lot, double front-
age.
(14) Drainage easement. See easement, drain-
age.
(15) Easement. Authorization by a property
owner for the use by another, and for a
.. specified purpose, of any designated part of
his property. The property owner retains
ownership of the easement.
(16) Easement, drainage. An easement to be
utilized for improving the removal of runoff
water from a subdivision or a group of
subdivisions.
(17) Easement, pedestrian. An easement for pro-
viding pedestrian access.
(18) Easement, temporary. An easement uti-
lized primarily for construction purposes or
to give access for a limited period of time.
(19) Easement, utility. An easertlentwithin which
the common service delivery lines (electric,
telephone, CATV; water, sanitary sewer,
etc.), are located.
(20) Fence. A freestanding structure of metal,
masonry composition or wood or any com-
bination thereof resting on or partially bur-
ied in the ground and rising above ground
level, used for confinement screening or
partition purposes.
(21) Final plat. See plat, final.
(22) Flood fringe. That portion of the flood plain
lying outside of the floodway, i.e., subject to
being covered by floodwaters of the regula-
tory flood, but not required to carry and
discharge the flood waters.
(23) Flood plain. A watercourse and land adja-
cent to a watercourse subject to inundation
from a flood having a chance occurrence in
anyone year of one percent.
Supp. No. 11
2100.2
(24) Floodway. The channel of a stream 01" 0ther
watercourse and the land area adjacent to
the stream channel that is required to
carry and discharge the floodwaters of the
regulatory flood (100-year flood) without
undue restriction.
(25) Improvements. All facilities constructed or
erected by a subdivider or the general pub-
lic within Ii subdivision to permit and facil-
itate the use of lots or blocks for a principal
residential, commercial or industrial use.
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SUBDIVISION REGULATIONS
(26) Local street. See street, local.
(27) Landscaping. The improvement of a lot,
parcel or tract of land with grass, shrubs,
and/or trees. Landscaping may include
pedestrian walks, flower beds, ornamental
objects such as fountains, statuary, and
other similar natural and artificial objects
designed and arranged to produce an
aesthetically pleasing effect.
(28) Land use plan. A portion of the compre-
hensive plan indicating the general antici-
pated use of the land within the city's
jurisdiction.
(29) Lot. A portion or basic parcel of a
subdivision, the plat of which has been
recorded in the office of the county register
of deeds. The owner of any such lot or
parcel shall be deemed to be an equitable
owner.
(30) Lot, corner. A lot which adjoins the point of
intersection or meeting of two (2) or more
streets.
(31) Lot, double frontage. A lot, two (2) opposite
lot lines of which abut public streets which
are more or less parallel. Also known as
double frontage or reverse frontage lots.
(32) Lot, zoning. A parcel of land that is
designated by its owner or developer, at
the time of applying for a zoning certificate
as a tract, all of which is to be used,
developed or built upon as a unit under
single ownership. As long as it satisfies the
above requirements such lot may consist
of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of
record, complete lots and portions of
lots of record or portions of lots of
record.
(33) Lot line. The boundary line of a lot as
recorded in the office of the county register
of deeds.
~ 36-2
(34) Lot width. The distance between the side
lot lines of a lot, measured along the
established building setback line.
(35) Occupancy permit. See permit, occupancy.
(36) Official street classification plan. A munic-
ipally adopted document denoting the
status of a given section of public right-of-
way (arterial, collector, residential, etc.).
See also street.
(37) Parks. See public open space.
(38) Pedestrian. Any means of locomotion which
is not motor driven (i.e., walking, bicycling,
etc.).
(39) Permit, building. A certificate issued by
the building official or his designee to
allow construction of a specific type of
structure.
(40) Permit, occupancy. A permit issued by the
zoning administrator after certification
that such land use, structure or building is
fit for human occupancy and complies with
all the provisions of the zoning regulations
and other applicable city codes, ordinanc-
es, rules and regulations.
(41) Planned development district. A zoning
district which allows the use of flexible
land use controls to be applied to the
development of land. The procedure and
statutory requirements governing this dis-
trict are contained in the zoning regula-
tions of the city.
(42) Plat, finaL The map or plan of record of a
subdivision, and any accompanying mate-
rial as described in this chapter. The date
of submittal of the final plat commences
the sixty (60) day statutory review period
as provided in K.S.A. 12-705.
(43) Plat, preliminary. The preliminary draw-
ings and information as described in this
chapter and as defined in the zoning
regulations and any other applicable city
codes, ordinances, rules and regulations.
2101
S 36-2
SALINA CODE
(44) Principal use. The main use of land as
distinguished from a subordinate or acces-
sory use.
(45) Private street. See street, private.
(46) Protective covenants. Restrictions govern-
ing the use of land within a given
subdivision placed on the land by the
owner at the time of platting.
(47) Public ,open space (park). A parcel of land
or an area of water, or a combination of
land and water dedicated to the public and
available for the use and enjoyment of the
general public. Public open space does not
include streets, alleys or off-street parking
or loading areas.
(48) Public sewer and water system. Any sys-
tem, other than an individual septic tank
or tile field or an individual well, operated
by a municipality or other governmental
agency or public utility for the treatment
of wastes and the furnishing of water.
(49) Restrictive rovenants. See protective covenants.
(50) Right-ot-way. A tract of land, generally a
strip, occupied or intended to be occupied
by a street, crosswalk, railroad, road,
electric transmission line, oil or gas pipe-
line, water main, sanitary or storm sewer
main, or for another special purpose. A
right-of-way is generally owned by or
dedicated to the public or a public utility.
(51) Screening. Decorative fencing, evergreen
vegetation, earthen mounds or a combina-
tion of these maintained for the purpose of
concealing from view the area behind such
structures or evergreen vegetation. When
fencing is used for screening, it shall not be
less than six (6) or more than eight (8) feet
in height.
(52) Setback. The distance between the front lot
line and the principal building on the lot.
(53) Sidewalk. A pedestrian walkway with a
concrete surface constructed to city mini-
mum standards.
(54) Street. A right-of-way, other than an alley,
dedicated to public use, which provides
principal vehicular and pedestrian access
to adjacent properties.
(55) Street, arteriaL A street of considerable
continuity which is primarily a traffic
artery for intercommunication between
large areas and which only rarely provides
access to abutting properties.
(56) Street, collector. A street supplementary to
arterial streets and a means of intercommu-
nication between this system and smaller
areas; used to some extent for through
traffic and to some extent for access to
abutting properties.
(57) Street, cul-de-sac. A street having only
one outlet and being permanently termi-
nated by a vehicle turn-around at the other
end.
(58) Street, frontage. A public or private mar-
ginal access street generally paralleling
and contiguous to any aterial or a collector
street and designed to promote safety by
eliminating unlimited ingress and egress
to such arterial or collector street by
providing points of access at predeter-
mined and more or less evenly spaced
intervals.
(59) Street, half. A street in which only a
portion of the right-of-way is dedicated at
the time of platting on the assumption that
the remainder of the right-of-way will be
dedicated when the adjoining property is
developed.
(60) Street, private. Any street designed for
vehicular traffic not dedicated as a public
thoroughfare. The city has no maintenance
responsibilities for a private street.
(61) Street, residentiaL Any street designed
primarily to provide access to abutting
property.
(62) Structure. Anything constructed or erected
with a fixed location on the ground, or
attached to something having a fixed
location on the ground. Structures include,
but are not limited to: buildings, walls,
sheds, towers and bins.
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SUBDIVISION REGULATIONS
(63) Subdivision regulations. The official sub-
division regulations of the city, together
with all amendments thereto, adopted
pursuant to K.S.A 12-705, 705a, 705b, and
705c.
(64) Tree. A large woody perennial plant with
one or more main trunks and many
branches. A tree with any trunk which has
a diameter of six (6) or more inches when
measured at a height of three (3) feet above
the average grade level shall be protected
by this chapter.
(65) Utility easement. See easement, utility.
(66) Walkway easement See easement, pedestrian.
(67) Waterbody. Any area covered by water at
least six (6) months per year and which the
deepest portion has a minimum depth of
three (3) feet.
(68) Watercourse. A body of water flowing in an
identifiable channel or course, natural or
man made, and which is not dry more than
six (6) months a year.
(69) Zoning lot See lot, zoning.
(70) Zoning ordinance. The official zoning
regulations of the city together with any
and all amendments adopted pursuant to
K.SA. 12-707 et seq. (Ord. No. 80-8828, ~
1(6.1, 6.2), 12-22-80>
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
Sec. 36.3. Authority.
(a) By authority of resolution by the board of
commissioners, adopted pursuant to the powers
and jurisdiction vested through K.S.A. 12-705 and
12-705a-c and other applicable laws, statutes, or-
dinances and regulations ofthe state and amend-
ments thereto, the city does hereby exercise the
power and authority to review, approve and dis-
approve plats for subdivision of land within the
corporate limits of the municipality. In addition,
the city shall exercise the power and authority to
review, approve and disapprove plats in unincor-
porated territory lying outside of but within three
(3) miles of the city limits in accordance with any
Supp. No.8
8 36-4
interloca1 agreements entered into with the county
pursuant to K.S.A. 12-2904.
(b) No land governed by this chapter shalll:!e
subdivided until the subdivider or his agent shall
submit and obtain approval of the preliminary
and final plats by the planning commission and
until the approved plat is rued with the county
register of deeds. No building permit or certificate
of occupancy shall be issued for any parcel or plat
of land within the city which was created by sub-
division regulations and no excavation ofland or
construction of any public or private improve-
ments shall take place or be commenced except in
conformity with the regulations. (Ord. No. 80-
8828, ~ 1(1.2), 12-22-80; Ord. No. 90-9386, ~~ 1, 7,
6-18-90)
Sec. 36-4. Policy and purposes.
It is hereby declared to be the policy of the city
to consider the subdivision of land and the
subsequent development of the subdivided plat as
subject to the control of the city pursuant to the
comprehensive plan for the orderly, planned,
efficient and harmonious physical and economic
development of the community. Land to be
subdivided shall be of such character that it can
be used safely for building purposes without
danger to health, or peril from fire, flood or other
menace, and land shall not be developed until
available public facilities and improvements
exist and proper provisions have been made for
drainage, water, sewerage, and capital improve-
ments such as schools, parks, recreation facilities
and transportation facilities and improvements.
The existing and proposed public improvements
shall conform to and be properly related to the
proposals shown in the comprehensive plan,
official street classification plan and/or major
street plan, and the capital improvements pro-
gram of the city. This chapter shall supplement
and facilitate the enforcement of the provisions
and standards contained in building and housing
codes, zoning regulations, the comprehensive
plan, official street classification plan and/or
major street plan and capital improvement
program of the city. This chapter is adopted for
the following purposes:
2103
~ 36-4
SAUNA CODE
(1) To protect and provide for the public
health, safety and general welfare of the
municipality;
(2) To guide the future growth and develop-
ment of the municipality in accordance
with the comprehensive plan that repre-
sents the most beneficial use of private and
public areas of the municipality, consider-
ing the suitability of such areas and
having regard for the use of land and
building development;
(3) To provide for adequate light, air and
privacy; to secure safety from fire, flood
and other danger and to prevent over-
crowding of the land and undue congestion
of population;
(4) To protect the character and the social and
economic stability of all parts of the
municipality and to encourage the orderly
and beneficial development of all parts of
the municipality;
(5) To protect and conserve the value of land
throughout the municipality and the value
of buildings and improvements upon the
land, and to minimize the conflicts among
the uses of land and buildings;
(6) To provide a guide to public policy and
action in facilitating adequate provision
for transportation, water, sewerage, schools,
parks, playgrounds, recreation and other
public requirements and in the efficient
provision of public facilities and services
and for private enterprise in building
development, investment and other eco-
nomic activity relating to uses of land and
buildings throughout the municipality;
(7) To provide the most beneficial relationship
between the uses of land and buildings and
the circulation of traffic throughout the
municipality having particular regard to
the avoidance of congestion in the streets
and highways and the pedestrian traffic
movements appropriate to the various uses
of land and buildings through the municipali-
ty, and to provide for the proper location
and width of streets and building lines;
Supp. No.8
(8) To establish reasonable standards of de-
sign and procedures for subdivision and
resubdivisions; to further the orderly layout
and use of land to insure proper legal
descriptions and proper monumenting of
subdivided land;
(9) To promote the expansion of the commu-
nity in accordance with the availability
and capacity of existing and projected
public facilities and services;
(10) To prevent the pollution of air, streams
and ponds; to assure adequate drainage; to
safeguard ground water resources; and to
encourage the wise use and management
of natural resources throughout the mu-
nicipality in order to preserve the integri-
ty, stability and beauty of the community
and the value of the land;
(11) To preserve the natural beauty and topog-
raphy of the municipality and to insure
appropriate development with regard to these
natural features;
(12) To provide for open spaces through the most
efficient design and layout of the land in
providing for minimum width and area of
lots while preserving the density of land as
established in the zoning regulations. (Ord.
No. 80-8828, * 1(1.3), 12-22-80)
Cross reference-Requirements for improvements, reser.
vations and design, * 36-71 et seq.
Sec. 36.5. Interpretation, conflict.
(a) In their interpretation and application, the
provisions of this chapter shall be held to be the
minimum requirements for the promotion of the
public health, safety and general welfare.
(b) This chapter is not intended to interfere
with, abrogate or annul any other ordinance, regu-
lations, statute or other provision of law. Where
any provision of this chapter imposes restrictions,
different from those imposed by any other provi-
sion of this chapter or any other ordinance, regu-
lation or other provision of law, whichever provi-
sions are more restrictive or impose higher stand-
ards shall control.
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SUBDIVISION REGULATIONS
(c) This chapter is not intended to abrogate any
easement, covenant or other private agreement
or restriction, provided that where the provisions
of this chapter are more restrictive or impose higher
standards or regulations than such easement, cov-
enant or private agreement or restriction, the re-
quirements of this chapter shall govern. Where
such private agreement imposes more restrictive,
or higher standards, and the planning commis-
sion determines that they are not inconsistent
with this chapter, then such private provisions
shall be operative and supplemental to this chap-
ter. (Ord. No. 80-8828, * 1(1.4), 12-22-80)
Sec. 36-6. Saving provision.
This chapter shall not be construed as abating
any action now pending under, or by virtue of,
prior existing subdivision regulations, or as discontinu-
ing, abating, modifying, or altering any penalty
accruing or about to accrue, or as affecting the
liability of any person or as waiving any right of
the city under any section or provision existing at
the time of adoption of this chapter, or as vacat-
ing or annulling any rights obtained by any per-
son, by lawful action of the city except as shall be
expressly provided for in this chapter. (Ord. No.
80-8828, * 1(1.5), 12-33-80)
Sec. 36-7. Amendments.
For the purpose of providing for the public health,
safety and general welfare, the planning commis-
sion may from time to time amend the provisions
imposed by this chapter in accordance with K.S.A.
12-705. (Ord. No. 80-8828, * 1(1.7), 12-22-80)
Sec. 36-8. Conditions.
Regulation of the subdivision of land and the
attachment of reasonable conditions to land sub-
division is an exercise of valid police power dele-
gated by the state to the city as provided in K.S.A.
12-705. The developer has the duty of compliance
with reasonable conditions laid down by the plan-
ning commission for design, dedication, improve-
ment and restrictive use of the land so as to con-
form to the physical and economic development of
the city and to the safety and general welfare of
the future plot owners in the subdivision and of
the community at large. (Ord. No. 80-8828, * 1(1.8),
12-22-80)
~ 36-10
Sec. 36-9. Vacation of plats.
Any plat or any part of any plat may be vacated
by the owner of the premises, at any time before
the sale of any lot therein, by a written instru-
ment, to which a copy of such plat shall be at-
tached, declaring the same to be vacated. Such an
instrument shall be approved by the planning
commission in like manner as plats of subdivi-
sion. The board of commissioners, however, may
reject any such instrument which abridges or de-
stroys any public rights in any of its public uses,
improvements, streets, or alleys. Such an instru-
ment shall be executed, acknowledged or approved,
and recorded or filed, in like manner as plats of
subdivisions; and being duly recorded or filed shall
operate to destroy the force and effect of the re-
cording of the plat so vacated, and to divest all
public rights in the street, alleys and public grounds,
and all dedications laid out or described in such
plat. When lots have been sold, the plat may be
vacated in the manner herein provided by all the
owners of lots in such plat joining in the execu-
tion of such written instrument. (Ord. No. 80-8828,
* 1(1.9), 12-22-80)
Sec. 36-10. Variations and exceptions.
(a) GeneraL Where the planning commission
finds that particular hardships or practical difficul-
ties may result from strict compliance with this
chapter, it may approve variations or exceptions
to this chapter so that substantial justice may be
done and the public interest secured. Economic
loss or hardship is not sufficient grounds for the
granting of a variance or exception. Such varia-
tion or exception shall not have the effect of nulli-
fying the intent and purpose of this chapter; and
further provided, the planning commission shall
not approve variations unless it shall make find-
ings based upon the evidence presented to it in
each specific case that:
(1) The granting of the variation will not be det-
rimental to the public safety, health or wel-
fare or injurious to other property or improve-
ments in the neighborhood in which the prop-
erty is located;
(2) The conditions upon which the request for a
variation are based are unique to the prop-
erty for which the variation is sought, and
are not applicable generally to other property;
2105
~ 36-10
SALINA CODE
(3) Because of the particular physical surround-
ings, shape or topographical conditions of the
specific property involved, an extraordinary
hardship to the owner would result, as dis-
tinguished from a mere inconvenience, if the
strict letter of this chapter is carried out;
(4) The variation will not in any manner vmy
the provisions of the zoning regulations, ordi-
nance, comprehensive plan, official street
classification plan and/or major street plan
or official map of the city.
(b) Conditions. In approving variances and ex-
ceptions, the planning commission may require
such conditions as will, in its judgment, secure
substantially the objective of the standards or
requirements of this chapter.
(c) Procedures. An application for any such vari-
ance shall be submitted in writing by the subdi-
vider at the time when the preliminary plat is
filed for the consideration of the planning com-
mission. The applicant shall state fully the grounds
for the variance and all of the facts relied upon by
the petitioner. (Ord. No. 80-8828, ~ 1(1.10), 12-22-80)
Sec. 36.11. Enforcement, violations and
penalties.
(a) GeneraL'
(1) It shall be the duty of the secretary to the
planning commission (hereinafter referred to
as the "secretary") to enforce this chapter,
and to bring to the attention of the city at-
torney or his designated assistant, any viola-
tions or lack of compliance herewith.
(2) No owner, or agent of the owner, of any par-
cel of land located in a proposed subdivision
shall transfer or sell any such parcel before a
plat of such subdivision has been approved
by the planning commission, in accordance
with the provisions of this chapter, and filed
with the county register of deeds.
(3) The subdivision of any lot or any parcel of
land by the use of metes and bounds descrip-
tion for the purpose of sale, transfer or lease
with the intent of evading this chapter, shall
not be permitted. All such described subdivi-
sions shall be subject to all of the require-
ments contained in this chapter.
(4) No building permit shall be issued for the
construction of any building or structure lo-
cated on a lot or plat subdivided or sold in
violation of the provisions of this chapter.
(b) Violations and penalties. Any person who
fails to comply with, or violates any of the provi-
sions of this chapter shall be subject to a penalty
as provided in section 1-10.
(c) Civil enforcement. Appropriate actions and
proceedings may be taken by law or in equity to
prevent any violations of this chapter, to prevent
unlawful construction, to recover damages, to re-
strain, correct or abate a violation to prevent il-
legal occupancy of a building structure or prem-
ises, and these remedies shall be in addition to
the penalties described above. (Ord. No. 80-8828,
~ 1(1.11), 12-22-80)
Sees. 36-12-36-25. Reserved.
ARTICLE II. APPLICATION PROCEDURE
AND APPROVAL PROCESS
DIVISION 1. GENERALLY
Sec. 36-26. Compliance required.
Whenever any subdivision of land is proposed,
before any contract is made for the sale of lots
and before any permit for the erection of a struc-
ture in the proposed subdivision shall be granted,
the owner or his authorized agent, shall apply for
and secure the approval of the proposed subdivi-
sion in accordance with the procedures outlined
in this chapter. (Ord. No. 80-8828, ~ 1(2.1-1), 12-22-80)
Sec. 36-27. Official submission dates.
For the purpose of this chapter the date of the
regular meeting of the planning commission (in-
cluding any adjourned date thereof) at which the
public hearing on the final plat is closed, shall
constitute the official submittal date of the plat.
At that time the statutory period required for
formal approval or disapproval of the plat shall
commence. (Ord. No. 80-8828, ~ 1(2.1-2),12-22-80)
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SUBDMSION REGULATIONS
~ 36-40
Sec. 36.28. Submission schedule.
The order in which city and county commis-
sions shall be approached and the action required
on the part of each commission to allow the plat to
be referred to the next authority is contained in
the lnterlocal Agreement between Saline County
and the City of Salina for cooperation and coordi-
nation in the approval of subdivision plats within
three (3) miles of the Salina city limits, dated Feb-
ruary 2, 1988, and herein incorporated by refer-
ence. (Ord. No. 80-8828, ~ 1(2.1-3), 12-22-80; Ord.
No. 90-9386, ~~ 2, 7,6.18-90)
Sees. 36-29-36-35. Reserved.
DIVISION 2. PRELIMINARY PLAT
Sec. 36.36. Application procedure and
requirements.
The applicant shall file an application for ap-
proval of a preliminary plat. The application shall:
(1) Be made on forms available at the office of
the secretary together with a fee pursuant to
the city fee schedule, which may be changed
from time to time;
(2) Include all land which the applicant proposes
to subdivide and all land adjacent to or oppo-
site the street frontage from applicant's land;
(3) Be accompanied by a minimum of ten (10)
blueline or, blackline copies of the prelimi.
nary plat as described in this chapter;
(4) Be presented to the secretary or authorized
designee in accordance with the current sched-
ule of subdivision processing, available from
the secretary;
(5) Include a list of all property owners adjacent
to the proposed subdivision as provided in
section 36-39. This list shall be obtained from
records kept at the county clerk's office or
from a licensed and bonded abstract company.
COrd. No. 80-8828, ~ 1(2.2-1), 12-22-80; Ord.
No. 90-9386, ~~ 3, 7, 6.18-90)
Sec. 36-37. Review by appropriate agencies.
The secretary or authorized designee shall refer
Supp. No.8
the proposed preliminary plat to the appropriate
agencies for their review and recommendations.
(Ord. No. 80-8828, ~ 1(2.2-2), 12-22-80)
Sec. 36-38. Planning staff and planning commis-
sion review.
The planning staff shall review the proposed
plat in accordance with the schedule of subdivi-
sion processing currently in effect. The applicant
shall be notified of deficiencies within twenty-eight
(28) days of the appropriate filing deadline. The
preliminary plat shall be scheduled for planning
commission hearing within forty-five (45) days of
the appropriate filing deadline. (Ord. No. 80-8828,
~ 1(2.2-3), 12-22-80)
Sec. 36-39. Notification process.
Ten (10) days prior to the scheduled meeting at
which the proposed preliminary plat is to be con-
sidered the secretary or designee shall notify all
owners of adjacent properties, platted or unplat-
ted, in writing of the proceedings in effect. For
notification purposes only all public lands, public
or private easements and rights-of-way adjacent
to the project shall be considered as part of the
proposed project provided such lands do not ex-
ceed three hundred (300) feet in width. See sec-
tions 36-36(5) and 36-91(4)a. COrd. No. 80-8828, ~
1(2.2-4), 12-22-80)
Sec. 36-40. Preliminary approval.
After the planning commission has reviewed
the preliminary plat and other testimony and ex-
hibits submitted at the public hearing, the appli-
cant shall be advised of any required changes
and/or additions. The planning commission shall
approve, conditionally approve, or disapprove the
preliminary plat within thirty (30) days after the
date of the regular meeting of the planning com.
mission at which the public hearing for prelimi-
nary approval including adjournment date thereof
is closed. A determination on the application for
preliminary plat approval shall be made within
ninety (90) days of the appropriate filing dead-
line. (Ord. No. 80-8828, ~ 1(2.2-5), 12-22-80)
2107
~ 36-41
SALINA CODE
Sec. 36-41. Effective period of preliminary
approval.
The approval of a preliminary plat shall be
effective for a period of one (1) year. At the end of
that time, final approval of the subdivision must
have been obtained from the planning commis-
sion, although the plat need not yet be signed and
filed with the county register of deeds. The plan-
ning commission may, at their own discretion,
grant one (1) six (6) month extension to this time
period upon written request. Any plat not receiv-
ing final plat approval within the period of time
set forth herein shall be required to be reproc-
essed as a preliminary plat in accordance with
this chapter and be approved prior to submission
of a final plat. Any plat required to be reproc-
essed under this section shall be subject to an-
other filing fee and to all zoning restrictions and
subdivision regulations in effect at the time of
refiling. (Ord. No. 80-8828, ~ 1(2.2-6), 12-22-80)
Sec. 36-42. Zoning regulations.
Every plat shall conform to existing zoning regu-
lations and subdivision regulations applicable at
the time of proposed final plat approval, except
that any plat which has received preliminary plat
approval shall be exempt from any subsequent
amendments to the zoning ordinance rendering
the plat nonconforming as to bulk or use, pro-
vided that final plat approval is obtained within
the one-year period. (Ord. No. 80-8828, ~ 1(2.2-7),
12-22-80)
Sees. 36-43-36-50. Reserved.
DIVISION 3. FINAL PLAT
Sec. 36-51. Application procedure and
requirements.
Following the approval of the preliminary plat,
the applicant, if he wishes to proceed with the
subdivision, shall file with the planning commis-
sion an application for final approval of a subdi-
vision plat. The application shall:
(1) Be made on forms available from the office of
the secretary together with a fee pursuant to
Supp. No.8
the city fee schedule, which may be changed
from time to time;
(2) Include the entire subdivision, or section thereof,
which derives access from an existing state,
county or local government highway or street;
(3) Be a<xompanied by a minimum of six (6) blackline
copies of the subdivision plat, as described in
this chapter;
(4) Comply in all respects with the preliminary
plat, as approved;
(5) Be presented to the secretary or his designee
in accordance with the subdivision process-
ing schedule currently in effect and available
from the secretary;
(6) Include a list of all property owners adjacent
to the proposed subdivision as provided in
section 36-53. This list shall be obtained from
records kept in the county clerk's office or a
licensed and bonded abstractor's office. (Ord.
No. 80-8828, ~ 1(2.3-1), 12-22-80)
Sec. 36-52. Planning staff review.
The planning staff shall review the proposed
final plat for conformance with the approved pre-
liminary plat and the subdivision regulations in
accordance with the schedule of final plat pro-
cessing then in effect. The applicant shall be noti-
fied of any deficiencies within fourteen (14) days
of the applicable filing deadline. (Ord. No. 80-8828,
~ 1(2.3-2), 12-22-80)
Sec. 36-53. Notification process.
Ten (10) days prior to the scheduled meeting, at
which the final plat is to be considered, the secre-
tary or designee shall notify all owners of adja-
cent properties, platted or unplatted, in writing of
the proceedings in effect. For notification purposes
only, all public lands, public or private easements
and rights-of-way adjacent to the tract shall be
considered as part of the tract, provided such lands
do not exceed three hundred (300) feet in width.
See section 36-51(6). (Ord. No. 80-8828, ~ 1(2.3-3),
12-22-80)
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SUBDIVISION REGULATIONS
Sec. 36-54. Review by the planning commis-
sion.
The proposed final plat shall be reviewed by the
planning commission for conformance with the
approved preliminary plat and with all applicable
codes and regulations of the city within forty-five
(45) days of the applicable filing deadline on the
current schedule of subdivision processing. Upon
approval the chairman of the planning commis-
sion (hereinafter referred to as chairman) and
secretary shall endorse the proposed final plat.
(Ord. No. 80-8828, ~ 1(2.3-4), 12-22-80)
Sec. 36-55. Review by the board of commis-
sioners.
The proposed final plat shall be reviewed by the
board of commissioners after the planning com-
mission has endorsed the plat. Approval by the
board of commissioners shall take the form of a
motion approving the plat and authorizing the
mayor to sign the final plat. Board action shall be
within sixty (60) days of the applicable filing
deadline shown on the current schedule of subdi-
vision processing unless the applicant requests a
delay.
(Ord. No. 80-8828, ~ 1(2.3-5), 12-22-80)
Sec. 36-56. Submission and review.
Subsequent to approval by the board of commis-
sioners, two (2) reproducibles of the original of the
subdivision plat on polyester drafting film and
four (4) copies of the subdivision plat on paper
shall be submitted to the secretary for final re-
view. One (1) reproducible copy and all paper
copies shall remain with the secretary for city
records. No final approval shall be endorsed on
the plat until a review has indicated that all
requirements of this chapter have been met.
(Ord. No. 80-8828, ~ 1(2.3-6), 12-22-80)
Sec. 36-57. Vested rights.
No vested rights shall accrue to any plat by
reason of preliminary or final approval until the
actual signing of the plat by the chairman; and all
requirements, conditions or regulations adopted
by the planning commission applicable to the
subdivision or on all subdivisions generally shall
be deemed a condition for any subdivision prior to
Supp. No. 11
~ 36-60
the time of the signing of the [mal plat by the
chairman and secretary. Where the planning com-
mission has required conditions for approval prior
to signing of the final plat, the planning commis-
sion shall not modify the conditions set forth in
the final approval.
(Ord. No. 80-8828, ~ 1(2.3-7), 12-22-80)
Sec. 36-58. Recording of plat.
(a) The chairman and secretary, the mayor and
the city clerk will sign the reproducible polyester
drafting film original of the subdivision plat.
(b) It shall be the responsibility of the subdi-
vider to file the plat with the county register of
deeds' office within sixty (60) days of the date of
signature. If the plat is not recorded within sixty
(60) days the planning commission may rescind
their approval of the plat.
(Ord. No. 80-8828, ~ 1(2.3-8), 12-22-80)
DIVISION 4. LOT SPLIT REGULATIONS
Sec. 36-59. Purpose.
The purpose of these regulations is to provide
for the division of a lot within a subdivision into
not more thim two (2) lots or tracts without
having to comply with the platting requirements
described in these regulations. An existing plat-
ted lot may be divided or split into not more than
two (2) parts which singularly or combined with
an adjoining lot or part of a lot results in two (2)
building lots which meet the minimum size and
area requirements of the zoning district in which
the lots are located. Any further division of the
new lots shall require replatting in accordance
with the requirements described in these regula-
tions.
(Ord. No. 95-9710, ~ 1, 10-16-95)
Sec. 36-60. Application procedure and re-
quiremeitts.
A written application for a split shall be made
to the planning department. Each application
shall be submitted with three (3) copies of a plot
2109
t 36-60
SALINA CODE
plan, certified by a licensed land surveyor at a
scale of one (1) inch equals thirty (30) feet or less
and shall contain the following information:
(1) Location of the existing lot within the sub-
division as related to the. nearest existing
streets;
(2) Location of existing easements and utili-
ties;
(3) Dimensions of the divided portions of the
lot;
(4) Location and width of driveways or ac-
cessways, existing and proposed;
(5) Dimensions of all existing structures and
their locations with respect to the existing
lot lines;
(6) Signature ofthe owner(s); and
(7) Legal description(s) of the property(ies).
(Ord. No. 95-9710, ~ I, 10-16-95)
Sec. 36.61. Planning staff review.
Upon receipt of the application, the planning
department shall review it for compliance with
the zoning and subdivision regulations. If the
application and the plot plan comply with all
applicable regulations, the lot split shall be ap-
proved by the planning department and shall
bear the signature of the planning director. The
applicant shall file the approved lot split with the
Saline County Register of Deeds. A copy bf the
filed request must be returned to the planning
department, who will make and distribute addi-
tional copies to the buildjng official, city clerk and
city engineer.
(Ord. No. 95-9710, ~ I, 10-16-95)
Sec. 36.62. Approval standards.
The division of lots pursuant to this chapter
shall comply with the comprehensive plan, any
major street and road plans, applicable zoning
ordinance requirements, these regulations and all
other applicable regulations. No lot split shall be
approved if:
(1) A new street or alley is needed or proposed;
(2) There is less street right-of-way than re-
quired by this chapter;
Supp. No. 11
(3) Any easement requirements have not been
satisfied or existing easements would have
to be modified to accommodate the pro-.
posed lot split;
(4) The lot splits will result in a tract without
frontage on a public street or approved
private street;
(5) A lot or parcel of substandard size will be
created, except where a lot split will result
in the substandard-sized portion being re-
combined with an adjoining standard-
sized, platted lot and where this recombi-
nation is duly filed and recorded with the
Saline County Register of Deeds; or
(6) The lot split will result in a substantial
increase in service requirements (e.g. util-
ities, drainage, traffic control, street im-
provements, etc.) and will constitute a sig-
nificant deviation from the basis upon which
approval of the original plat was granted.
(Ord. No. 95-9710, ~ I, 10-16-95)
Sec. 36-63. Building permits.
No building permit shall be issued for any site
which contains a division of a platted lot of record,
unless such division has been approved in the
manner provided by this chapter.
(Ord. No. 95-9710, ~ I, 10-16-95)
Sees. 36-64-36-70. Reserved.
ARTICLE UI. REQUIREMENTS FOR
IMPROVEMENTS, RESERVATIONS AND
DESIGN
Sec. 36-71. General.
(a) Conformance to applicable rules and regu-
lations. In addition to the requirements estab-
lished herein, all subdivision plats shall comply
with all applicable ordinances of the city and all
city policy documents, including all streets, drain-
age systems and parks shown on the land use
plan or other officially adopted plan; any rules of
the health department and/or the state depart-
ment of health; the rules of the state department
of transportation if the subdivision or any lot
contained therein abuts a state highway or con-
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SUBDIVISION REGULATIONS
necting street; the standards and regulations
adopted by the city engineer, and all boards,
commissions, agencies and officials of the city;
and all pertinent standards contained within the
planning guides published by the applicable re-
gional or metropolitan planning commission. Plat
approval may be withheld if a subdivision is not
in conformity with the above guides or the policy
and purposes of this chapter established in sec-
tion 36-4.
(b) Restrictive covenants. If the owner places
restrictions on any of the land contained in the
subdivision greater than those required by the
zoning ordinance or this chapter, such restrictions
or reference thereto may be required to be indi-
cated on the final subdivision plat, or the plan-
ning commission may require that restrictive
covenants be recorded with the county register of
deeds in form to be approved by the city attorney.
(c) Plats straddling municipal boundaries.
Whenever access to the subdivision is required
across land in another local governmental juris-
diction, the planning commission may request
assurance from the city attorney that access is
legally established, from the city engineer that
the access road is adequately improved, or that a
performance bond has been duly executed and is
sufficient in amount to assure the construction of
the access road. Lot lines shall be laid out so as
not to cross municipal boundary lines.
(d) Monuments. The applicant shall place per-
manent reference monuments in the subdivision
as required herein and as approved by a regis-
tered land surveyor. Monuments shall be located
on street right-of-way lines, at street intersec-
tions, angle points of curve and block comers.
(1) The external boundaries of a subdivision
shall be monumented in the field by mon-
uments of concrete not less than twenty-
four (24) inches in depth, not less than four
(4) inches square or five (5) inches in diam-
eter and marked on top with a one-half
inch by twenty-four-inch iron rod securely
imbedded. These monuments shall have
affixed thereto a metal or plastic cap bear-
ing the name and/or registration number of
the responsible land surveyor legibly
stamped or imprinted thereon. These mon-
Supp. No. 11
~ 36-71
uments shall be placed at all comers, at
each end of all curves, at all angle points in
any line, and at all angle points along the
meander line, such points to be not less
than twenty (20) feet back from the bank of
any river or stream, except that when such
corners or points fall within a street, or
proposed future street, the monuments shall
be placed on the right-of-way line of the
street. The location of these monuments
shall also be marked on the ground by the
use of wooden stakes.
(2) All block comers, including the PC and PT
of curved block lines, shall be marked with
iron monuments no smaller than one-half
inch in diameter and two (2) feet in length
driven into the ground flush with the exist-
ing ground surface. The location of such
monuments shall be. shown on the final
plat and marked on the ground by use of
wooden stakes. Sufficient information shall
be shown on the plat to allow an experi-
enced surveyor to locate or relocate all
points and lines shown on the plat, includ-
ing all pertinent curve data. The error of
closure of the boundaries of any enclosed
area within the plat shall not exceed one
(1) foot in three thousand (3,000) feet.
(3) All monuments shall be properly set in the
ground and approved by a registered land
surveyor or a performance bond, based
upon the city engineer's estimate; shall
have been issued for monument placement
prior to city planning commission approval
of the final plat.
(e) Character of the land. Land which the plan-
ning commission Finds to be unsuitable for sub-
division or development due to flooding, improper
drainage, steep slopes, rock formation, adverse
earth formations or topography, utility easements
or other features which will reasonably be harm-
ful to the safety, health and general welfare of
inhabitants of the land and surrounding areas
shall not be subdivided or developed unless ade-
quate methods are formulated by the developer
and approved by the planning commission, upon
recommendation of the city engineer, to solve the
problems created by the unsuitable land condi-
tions.c
2111
A 36-71
SALINA CODE
(f) Subdivision name. The proposed name of
the subdivision shall not duplicate or closely
approximate phonetically the name of any other
subdivision in the area covered by. this chapter.
The planning commission shall have final authot-
ity to designate the name of the subdivision.
(Ord. No. 80-8828. ~ 1(3.1), 12-22-80; Ord. No.
90-9386, ~~4, 7, 6-18-90)
Sec. 36-72. Lots and lot improvements.
(a) Lot splits. No provision of this chapter shall
be construed as to require a replat for the split of
any lot into two (2) tracts if it is zoned residen-
tially. Should a tract be zoned industrially it may
be divided into any number of tracts without a
replat.
(b) Lot arrangement. The lot arrangement shall
be such that there will be no foreseeable difficul-
ties, for reasons of topography or other conditions,
in securing building permits to build on all lots in
compliance with city codes and in providing legal
access to lots from an approved public street.
(c) Lot dimensions. Lot dimensions shall com-
ply with the minimum standards of the zoning
ordinance. Where lots are more than double the
minimum required for the zoning district, the
planning commission may require that such lots
be arranged so as to allow further subdivision and
the opening of future streets where they would be
necessary to serve such potential lots, all in
compliance with the zoning ordinance and this
chapter. Side lot lines shall be at right angles to
street lines or radial on curved streets unless a
variation from this rule will give better street or
lot plan. Dimensions of corner lots shall be large
enough to allow for erection of buildings, observ-
ing the minimum front yard setback from both
streets. Depth and width of properties reserved or
laid-out for business, commercial or industrial
purposes shall be adequate to provide for the
off-street parking and loading facilities required
for the type of use and development contemplated
as established in the zoning ordinance.
(d) Double frontage lots and access to lots:
(1) Double frontage lots. Double frontage lots
. shall be avoided except where necessary to
provide separation of residential develop-
Supp. No. 11
ment from traffic arterials 01' to overcome
specific disadvantages of topography and
orientation.
(2) Access from arterials. Lots shall not derive
access exclusively from an arterial or col-
lector street. When driveway access from
an arterial or collector street may be nec-
essary for several adjoining lots, the plan-
ning commission may require that such
lots be served by a combined access drive in
order to limit possible traffic hazard on
such street. Driveways should be designed
and arranged as to avoid requiring vehicles
to back into traffic on arterials.
(e) Lot drainage. Individual lot drainage shall
be coordinated with the general storm drainage
pattern for the area.
(f) Fencing. Each subdivider and/or developer
shall be required to furnish and install fence
wherever the planning commission determines
that a hazardous condition may exist. Such fences
shall be constructed according to standards estab-
lished by the city engineer and shall be noted as
to height and material on the final plat. No
certificate of occupancy shall be issued until the
fence improvements have been duly installed or a
performance bond sufficient to cover the cost of
the fencing, as determined by the city engineer, is
filed with the city clerk.
(g) Waterbodies and watercourses. If a tract
being subdivided contains a waterbody, or portion
thereof, lot lines shall be drawn so as to distribute
the entire ownership of the waterbody among the
adjacent lots. The planning commission may ap-
prove an alternative plan whereby ownership of
and responsibility for safe maintenance of the
waterbody is so placed that it will not normally
become a city responsibility. Not more than twenty-
five (25) percent of the minimum area of a lot
required under the zoning ordinance may be
satisfied by land which is under water. Where a
watercourse separates the buildable area of a lot
from the street by which it has access, provisions
shall be made for installation of a culvert or other
structure, of a design approved by the city engi-
neer.
(Ord. No. 80-8828, ~ 1(3.2), 12-22-80)
2112
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SUBDMSION REGULATIONS
Sec. 36-73. Performance bond.
(a) A performance bond, if required, shall in-
clude an amount to guarantee completion of all
requirements contained in this chapter, includ-
ing, but not limited to, lot drainage, fencing,
sidewalk construction, and all other lot improve-
ments required by the planning commission. Such
performance bond shall be sufficient to cover the
cost of the improvements as determined by the
city engineer, shall specify the time for comple-
tion, and be filed with the city clerk.
(b) At the expiration of the performance bond,
whether or not a certificate of occupancy has been
issued, the city may enforce the provisions of the
bond where the provisions of this section or any
other applicable law, ordinance or regulation have
not been complied with.
(Ord. No. 80-8828, ~ 1(3.3), 12-22-80)
Sec. 36-74. General street requirements.
(a) Frontage on improved streets. No subdivi-
sion shall be approved unless the area to be
subdivided shall have frontage on and access from
an existing state, county, or township highway; or
a street shown upon a plat approved by the
planning commission and recorded in the county
register of deeds' office. The planning commission
shall further require that the entire right-of-way
required by this chapter and official street classi-
fication plan and/or major street plan be dedi-
cated to the board of commissioners as a condition
of final plat approval.
(b) Topography and arrangement.
(1) All streets shall be arranged so as to
obtain as many building sites as possible
at or above the grades of the streets.
Grades of streets shall conform as closely
as possible to the original topography. A
combination of steep grades and curves
shall be avoided.
(2) All streets shall be properly integrated
with the existing and proposed system of
thoroughfares and dedicated rights-of-
way as established on the official street
classification and/or major street plan.
Supp. No. 13
fi 36-74
(3) All thoroughfares shall be properly re-
lated to special traffic generators such as
industries, business districts, schools,
churches and shopping centers; to popu-
lation densities and to the pattern of
existing and proposed land uses.
(4) Residential streets shall be laid out to
conform as closely as possible to the to-
pography, to discourage use by through
traffic, to permit efficient drainage and
utility systems, and to require the mini-
mum number of streets necessary to pro-
vide convenient and safe access to prop-
erty.
(5) The use of curvilinear streets, culs-de-sac
or U-shaped streets shall be encouraged.
(6) In business or industrial developments,
the streets and other access ways shall be
planned in connection with the grouping
of buildings, location of rail facilities and
the provision of alleys, truck loading and
maneuvering areas, walks and parking
areas so as to minimize conflict of move-
ment between the various types of traffic,
including pedestrian.
(c) Blocks.
(1) Blocks shall have sufficient width to pro-
vide for two (2) tiers oflots of appropriate
depths. Exceptions to this prescribed block
width shall be permitted in blocks adja-
cent to railroads, waterways, arterials or
unplatted property.
(2) The lengths, widths and shapes of blocks
shall be such as are appropriate for the
locality and the type of development con-
templated, but block lengths in residen-
tial areas shall not exceed three thousand
two hundred (3,200) feet in perimeter
measurement. Non-through streets (cuI-
de-sacs) shall not be included in the pe-
rimeter measurement. Blocks along arte-
rials shall not be less eight hundred (800)
feet in length.
(3) The planning commission may require
the reservation of easements and/or rights-
2113
~ 36-74
SALINA CODE
of-way through blocks to accommodate
utilities, drainage facilities or pedestrian
traffic.
Pedestrian ways or crosswalks not less
than ten (10) feet wide may be required by
the planning commission through blocks
more than eight hundred (800) feet long
in order to provide circulation or access to
schools, playgrounds, shopping centers,
transportation or other community facili-
ties.
Blocks designed for industrial use shall be
of such length and width as may be deter-
mined suitable by the planning commis-
sion for prospective use.
(d) Access to arterials. Where a subdivision
borders on or contains an existing or proposed
arterial, the planning commission may require
that access to such arterial streets be limited by
one (1) of the following means:
(1) The subdivision of land so that lots back
onto the arterial and front onto a parallel
local street; no access shall be provided by
the developer in a strip of land along the
rear property line of such lots.
(2) A series of culs-de-sac, U-shaped streets,
or short loops entered from and designed
generally at right angles to such a paral-
lel street, with the rear lines of their
terminal lots backing onto the arterial.
No access to the arterial shall be allowed.
(3) A frontage street (separated from the ar-
terial by a planting or grass strip and
having access thereto at suitable points).
(e) [Street names.] Names shall be sufficiently
different in sound and in spelling from other
street names in the city, so as not to cause
confusion. A street which is, or is planned as, a
continuation of an existing street shall bear the
same name.
(f) [Reserve strips.] Except as required in sub-
section (d), the creation of reserve strips adjacent
to a proposed street in such a manner as to deny
access from adjacent property to such street shall
not be permitted.
Supp. No. 13
(g) Layout and dedication of streets and dead-
end streets.
(1) Dedication of streets. The arrangement of
streets shall provide for the continuation
of principal streets between adjacent prop-
erties when such continuation is neces-
sary for convenient movement of traffic,
effective fire protection, efficient provi-
sion of utilities, and where such continu-
ation is in accordance with the city plan.
If the adjacent property is undeveloped
and the street must be a dead-end street
temporarily, the right-of-way shall be ex-
tended to the property line. A temporary
cul-de-sac shall be provided on all tempo-
rary dead-end streets, with the notation
on the subdivision plat that land outside
the normal street right-of-way shall re-
vert to abuttors whenever the street is
continued. The planning commission may
limit the length of temporary dead-end
streets in accordance with the design stan-
dards of this chapter.
(2) Dead-end streets (permanent). A dead-end
street shall be designed as a cul-de-sac
street and shall consist of a fifty (50) foot
right-of-way leading from a street termi-
nated by a circular turnaround. The right-
of-way of the turnaround shall not be less
than one hundred (100) feet in diameter.
The maximum length of a cul-de-sac street
shall be six hundred (600) feet from the
right-of-way line of the commencing street
along the centerline right-of-way out of
the cul-de-sac to the right-of-way line of
the turnaround. See section 36-77 (a)(I).
(Ord. No. 80-8828, ~ 1 (3.4), 12-22-80; Ord. No.
86-9143, ~ 1, 7-21-86; Ord. No. 87-9188, ~ 1,
5-18-87; Ord. No. 96-9760, ~ 1,9-16-96)
Sec. 36-74.1. Street design standards.
(a) Public streets. In order to provide for streets
of suitable location, width and improvement to
accommodate prospective traffic and afford satis-
factory access to police, fire-fighting, snow re-
moval, sanitation and road-maintenance equip-
ment, and to coordinate streets so as to compose a
convenient system and avoid undue hardships to
2114
e
.
e
.
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SUBDIVISION REGULATIONS
~ 36-74.1
adjoining properties, the following design stan-
dards are hereby required (see Table 1). Street
classification may be indicated on the official
street classification and/or major street plan; oth-
erwise, it shall be determined by the planning
commission. These standards may be modified on
a showing that special conditions exist such as
drainage and utility requirements, safe and effi-
cient traffic movement, intersection design and so
forth. Access control and acceleration and decel-
eration lanes may be required to properly handle
traffic flow and to protect the carrying capacity of
the street. Public streets shall be constructed in
accordance with city design standards and
specifications.
Table I
Public Street Design Standards
Min.
Tangent
Min. Length
Min. RIW Min. Pvmt. Curve Between
Street Wuith Width * Radius Curves
Classification (feet) (feet) (feet) (feet)
Arterial
5-lane toO 65 500 200
4-lane 80 53 500 200
Collector
3-lane 70 41 300 150
2-lane 60 33 300 150
Local street 60 29 150 100
Fronta2e road 50 25 150 100
Cul-de-sac
approach 50 29 150 100
turnaround 100 80** - -
*Back of curb to back of curb.
** Allows for an optional island with a fifteen-foot radius in residential areas.
(b) Private streets.
(1) Private streets may be approved within
planned development districts in accor-
dance with section 42-403(a)(11) when:
a. The proposed private streets will have
direct access onto a public street;
b. The proposed private streets are not
necessary to provide direct traffic
access to public streets from proper-
ties located outside the develop-
ment;
c. The proposed private streets are so
laid out or designed so as to discour-
age through traffic; and
d. The proposed private streets will pro-
vide for adequate access, the safe
Supp. No. 13
movement of traffic, proper drainage
and serve as an adequate alterna-
tive to a public street.
(2) A notation shall be placed on all plats of
any subdivision in which private streets
are established stating that: "All mainte-
nance of the right-of-way and street sur-
face shall be the responsibility of the
abutting property owner or owner's asso-
ciation. No private street may be dedi-
cated to or accepted by the City of Salina
for public street purposes until it is brought
into conformance with the minimum stan-
dards for public streets of the city."
(3) When private streets are proposed, the
developer shall submit to the planning
commission for approval a written and
2115
~ 36-74.1
SALINA CODE
binding declaration, to be recorded with
the final plat establishing an owner's as-
sociation or similar legal entity which will
have:
a. The legal authority to maintain and
exercise control over the street; and
b. The power to compel contributions
from owners within the development
to cover their proportionate shares
of the cost associated with mainte-
nance of the street.
(4) Private streets shall be designed so as to
provide a minimum of forty-five (45) feet
of right-of-way and twenty-five (25) feet of
paved driving surface. Private cul-de-sacs
shall be designed to provide a minimum of
twenty (20) feet of circular paved driving
surface with the outer edge of the pave-
ment having a minimum radius of thirty-
five (35) feet within a right-of-way having
a minimum radius forty (40) feet. All
private streets shall conform to the design
standards established by the city engi-
neer which is herein adopted by reference
as if set out at length in this section.
(5) Street names shall be assigned by the
developer, subject to planning commission
approval, by placing the name on the plat.
Names shall be sufficiently different in
sound and spelling so as not to cause
conflict or confusion with existing public
or private streets. The city shall install
street name signs within the public right-
of-way at the intersection of public streets
and private streets. Street name signs
shall be installed by the developer at all
other intersections within the develop-
ment prior to issuance of any building
permits. The private street name signs
shall be constructed, located and installed
in accordance with design standards es-
tablished by the city engineer.
(6) All lots and tracts which have frontage on
and take their primary access from a
named private street shall have an ad-
dress assigned off of that private street.
(7) For the purpose of this section, a "private
street" shall mean any open way used for
Supp. No. 13
vehicular traffic, not dedicated to the pub-
lic and not a shared driveway or part of a
parking lot, designed and used to provide
vehicular access to two (2) or more lots or
tracts.
(c) Railroads and limited access highways. Rail-
road rights-of-way and limited access highways
where located as to affect the subdivision of
adjoining lands shall be treated as follows:
(1) In residential districts a buffer strip at
least twenty-five (25) feet in depth in
addition to the normal depth of the lot
required in the district shall be provided
adjacent to the railroad right-of-way or
limited access highway. This strip shall be
part of the platted lots and shall be des-
ignated on the plat: "This strip is reserved
for screening. The placement of habitable
structures hereon is prohibited."
(2) Streets parallel to the railroad, when in-
tersecting a street which crosses the rail-
road at grade, shall be a distance of at
least one hundred fifty (150) feet from the
railroad right-of-way. Such distance shall
be determined with due consideration of
the minimum distance required for future
separation of grades by means of appro-
priate approach gradients.
(d) Intersections:
(1) Streets shall be laid out so as to intersect
as nearly as possible at right angles. A
proposed intersection of two (2) new streets
shall have no angle less than seventy-five
(75) degrees. An oblique street shall be
curved approaching an intersection and
be approximately at right angles for at
least one hundred (100) feet from the
intersection. Not morethan two (2) streets
shall intersect at any point unless specif-
ically approved by the planning commis-
sion.
(2) A proposed new intersection along one (1)
side of an existing arterial street shall,
wherever practicable, coincide with any
existing intersections on the opposite side
of such street. Street jogs with centerline
offsets ofless than one hundred fifty (150)
2116
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SUBDMSION REGULATIONS
~ 36-75
.
feet shall not be permitted on any class
street, except where the intersected street
has separated dual drives without me-
dian breaks at either intersection. Inter-
sections of streets along arterials shall be
at least eight hundred (800) feet apart.
(Ord. No. 96-9760, ~ 1,9-16-96; Ord. No. 98-9904,
~ 1, 12-7-98)
Sec. 36-74.2. Street dedications and reserva-
tions.
e
(a) New perimeter streets. Street systems in
new subdivisions shall be laid out so as to elimi-
nate or avoid new perimeter half streets except
when necessary for street alignment. Where an
existing half street is adjacent to new subdivision
the other half of the street shall be dedicated by
the subdivider. The planning commission may
authorize a new perimeter street where the sub-
divider dedicates the entire required street right-
of-way width within their own subdivision.
(b) Wuiening and realignment of existing streets.
Where a subdivision borders an existing narrow
street or when the master plan, official map or
zoning setback regulations indicate plans for re-
alignment or widening of a street that would
require use of some of the land in the subdivision,
the applicant shall be required to dedicate such
areas for widening or realignment of such street.
Such frontage streets shall be dedicated by the
applicant at his own expense to the full width as
required by this chapter. Land reserved for any
street purposes may not be counted in satisfying
yard or area requirements of the zoning ordi-
nance whether the land is to be dedicated to the
city in fee simple or an easement for roadway
purposes is granted to the city.
(Ord. No. 96-9760, ~ 1,9-16-96)
.
Sec. 36-75. Drainage and storm sewers.
(a) General requirements. The planning com-
mission shall not approve any plat of a subdivi-
sion which does not make adequate provisions for
storm water runoff control. This control may be
accomplished through the use of temporary deten-
tion basins, open channels, and/or closed con-
duits. The applicant shall be required to submit a
drainage report prepared by a licensed profes-
e
Supp. No. 13
sional engineer which examines the effects of the
proposed subdivision on all upstream and down-
stream drainage conditions. The scope of this
report shall be determined by the city engineer.
The drainage report shall assume the ultimate
development of the entire drainage basin based
upon the current land use plan and the current
and proposed zoning of the land within the drain-
age basin. Calculation of storm flows and runoff
characteristics of the subdivision shall be per-
formed in accordance with the design criteria
established by the city engineer. The city engineer
shall inform the planning commission, in writing,
of the effects of the proposed subdivision on the
existing storm drainage system based upon the
above submitted drainage report. The city may
require the developer of the proposed subdivision
to construct or cause to be constructed all neces-
sary storm drainage systems, designed in accor-
dance with the design criteria established by the
city engineer, prior to the issuance of any building
permit.
(b) Location. Drainage facilities shall be lo-
cated in the street right-of-way where feasible, or
in perpetual unobstructed easements of appropri-
ate width.
(c) Floodplain areas. The planning commis-
sion, when it deems necessary for the health,
safety or welfare of the present and future popu-
lation of the area and necessary for the conserva-
tion of water, drainage and facilities, may prohibit
the subdivision of any portion of the property
which lies within the floodplain of any stream or
drainage course. These floodplain areas shall be
preserved from any and all destruction or damage
resulting from clearing, grading or dumping of
earth, waste materials or stumps, except at the
direction of the planning commission.
(d) Dedication of drainage easements:
(1) General requirements. Where a subdivi-
sion is traversed by a watercourse,
drainageway, channel or stream, there
shall be provided a storm water easement
or drainage right-of-way conforming sub-
stantially to the lines of such water-
course, and of such width and construc-
tion as will be adequate for the purpose.
The drainage shall be maintained by an
2117
~ 36-75
SALINA CODE
open channel with landscaped banks and
adequate width for maximum potential
volume of flow, unless some other design
is approved by the city engineer and plan-
ning commission.
(2) Drainage easements:
a. Where topography or other condi-
tions are such as to make impracti-
cal the inclusion of drainage facili-
ties within street rights-of-way,
perpetual unobstructed easements at
least fifteen (15) feet in width, or
more if determined necessary by the
city engineer, shall be provided across
property outside the street. Drain-
age easements shall be carried from
the street to a natural watercourse
or to other drainage facilities.
b. When a proposed drainage system
will carry water across adjacent pri-
vate land outside the subdivision,
appropriate drainage rights must be
secured and indicated on the plat,
c. The applicant shall dedicate, either
in fee simple or by drainage or con-
servation easement, land on both
sides of existing watercourses, to a
distance to be determined by the
planning commission.
d. Low-lying lands along watercourses
subject to flooding or overflowing
during storm periods, whether or not
included in areas for dedication, shall
be preserved and retained in their
natural state as drainage ways. Not
more than twenty-five (25) percent
of such land or land subject to peri-
odic flooding shall be computed for
determining the number oflots to be
utilized or for computing the area
requirements of any lot.
(Ord. No. 80-8828, ~ 1 (3.5), 12-22-80)
Sec. 36-76. Water and sewer facilities.
(a) Individual wells and central water systems.
If a public water system is not available, individ-
ual wells may be used or a central water system
Supp. No. 13
provided in such a manner that an adequate
supply of potable water will be available to every
lot in the subdivision. Water samples shall be
submitted to the health department for its ap-
proval. Individual wells and central water sys-
tems shall be approved by the appropriate health
authorities. Certification of approval shall be sub-
mitted to the planning commission, prior to pre-
liminary plat approval.
(b) Individual sewerage systems and package
plants. If municipal sewerage system is not avail-
able, an individual sewage treatment system may
be used or a public sewerage system provided in
such a manner that said system shall be approved
by the appropriate state and/or local health au-
thorities.
(Ord. No. 80-8828, ~ 1(3.6), 12-22-80)
Sec. 36-77. Sidewalks.
(a) Required improvements:
(1) Sidewalks shall be included within the
dedicated nonpavement right-of-way on
both sides of all streets except cul-de-sacs.
No sidewalks shall be required on culs-de-
sac provided the six hundred (600) foot
maximum length requirement in section
36-74(a)(7)b. has not been varied under
the provisions of section 36-10.
(2) The developer will be required to con-
struct the sidewalk. prior to the issuance
of an occupancy permit for any building or
post a performance bond to insure con-
struction.
(3) Sidewalks shall be built in the public
right-of-way with the inside edge approx-
imately one (1) foot outside the property
line unless an exception is approved by
the city engineer due to topography, the
presence of trees or other obstructions or
to match an existing curbside sidewalk..
Sidewalks shall be constructed in accor-
dance with city design standards and spec-
ifications.
(b) Wuiening and realignment of existing streets.
Where a subdivision borders an existing narrow
street or when the master plan, official map or
zoning setback regulations indicate plans for re-
2118
e
SUBDIVISION REGULATIONS
~ 36-81
.
alignment or widening of a street that would
require use of some of the land in the subdivision,
the applicant shall be required to dedicate such
areas for widening or realignment of such street.
Such frontage streets shall be dedicated by the
applicant at his own expense to the full width as
required by this chapter. Land reserved for any
street purposes may not be counted in satisfying
yard or area requirements of the zoning ordi-
nance whether the land is to be dedicated to the
city in fee simple or an easement for roadway
purposes is granted to the city.
(Ord. No. 80-8828, ~ 1(3.7), 12-22-80; Ord. No.
98-9904, ~ 2, 12-7-98)
Sec. 36-78. Utilities.
e
Easements centered on rear or side lot lines
shall be provided for utilities (private and munic-
ipal), and such easements shall be at least twenty
(20) feet wide. Coordination shall be required
between the subdivider and the applicable utility
companies for the establishment of utility ease-
ments on adjoining properties.
(Ord. No. 80-8828, ~ 1(3.8), 12-22-80)
Sec. 36-79. Public uses.
The applicant at his discretion, may choose to
dedicate a portion of the plat to the city for use as
a park, playground, school or any other public
use. After proper determination ofits necessity by
the planning commission, and the appropriate
city official or public agency involved in the ac-
quisition and use of each such site and a determi-
nation has been made to acquire the site by the
public agency, the site may be dedicated by the
applicant to the city or other appropriate agency
on the final plat.
(Ord. No. 80-8828, ~ 1(3.9), 12-22-80)
Sec. 36-80. Preservation of natural features
and amenities.
.
(a) General. Existing features which would add
value to residential development or to the city as
a whole, such as trees, as herein defined, water-
courses, historic spots and similar irreplaceable
assets, shall be preserved in the design of the
subdivision.
e
Supp. No. 13
(b) Protection {rom harmful influences:
(1) Every effort shall be made to protect ad-
jacent residential areas from potential
nuisance of existing or proposed nonresi-
dential subdivisions, including the provi-
sion of extra depth in parcels backing on
existing or potential residential or nonres-
idential development and provisions for a
permanently landscaped buffer strip when
deemed necessary by the planning com-
mission.
(2) Street carrying nonresidential traffic, es-
pecially truck traffic, shall not be ex-
tended to the boundaries of adjacent ex-
isting or potential residential areas.
(Ord. No. 80-8828, ~ 1(3.10), 12-22-80)
Sec. 36-81. Dedication of public park land.
(a) General requirement. In subdividing or
resubdividing land zoned and intended for resi-
dential use, the developer shall dedicate or re-
serve land for public park purposes, or pay a fee in
lieu of dedication, or select a combination of
dedication and a fee. The method chosen to meet
this requirement shall be determined by the de-
veloper with consideration given to the standards
set out in these regulations and the recommenda-
tion of the parks and recreation advisory board.
Provided however, the board of commissioners
shall not be obligated to accept a dedication or
reservation of land even if the final plat approved
by the planning commission includes a dedication
or reservation.
(b) Amount of dedication. The number of acres
of land required to be dedicated or reserved shall
be determined from the following table, which is
based on the density of development as permitted
by the zoning of the property being subdivided.
The area required to be dedicated or reserved
shall be exclusive of all street rights-of-way and
drainage detention pond easements.
Zoning of Area
RS Residential suburban
Percent of 7btal Land
Area Being SubdilJickd
to be Dedicated or
Reseroed for
Park Purposes
2
2118.1
~ 36-81
SALINA CODE
Zoning of Area
R , Single-family residen-
R-l tial
R-2 Multifamily residen-
tial
R-2.5 Multifamily residen-
tial
R-3 Multifamily residen-
tial
PDD Residential
Percent of Total Land
Area Being SubdilJided
to be Dedicated or
Reserved for
Park Purposes
5
6
8
10
2-10
(c) Location and design standards. Any land
dedicated or reserved shall conform with the
comprehensive plan of the city and be consistent
with the plans and policies of the parks and
recreation advisory board. The location, size and
configuration of the land to be dedicated or re-
served shall be determined by the design of the
streets, lots, and blocks of the subdivision with
consideration given to the preservation of natural
physical features.
All lands to be dedicated or reserved shall meet
the following standards, unless a variation or
exception is granted as provided in section 36-10:
(1) No dedications or reservations shall be
accepted from subdivisions of tracts con-
taining less than twenty (20) acres.
(2) The dedicated tract shall contain not less
than two (2) contiguous acres and be a
minimum of two hundred (200) feet at the
narrowest dimension.
(3) The dedicated tract shall have at least
two hundred (200) feet of street frontage
and be easily accessible to residents of
adjacent subdivisions. Consideration shall
be given to placing parks where they can
be added to by future subdivisions.
(4) At least fifty (50) percent of the dedicated
tract shall have a grade of less than four
(4) percent. The balance may consist of
steep slopes, streams, ditches, lakes or
other natural features.
(5) Natural features such as wooded areas,
streams, oxbows, and other natural assets
shall be preserved whenever possible.
Supp. No. 13
(d) Payment in lieu of dedication. In the event
the land to be dedicated or reserved is less than
the amount of acreage required or the land does
not meet the location and design standards, the
payment of a fee in lieu of dedication shall be
required. The fee shall be based on the total
number of dwelling units permitted within the
subdivision times a fee schedule for each dwelling
unit type. Said fee schedule shall be as estab-
lished by Ordinance Number 97-9847 and any
amendments thereto.
Any fees collected shall be placed in a neigh-
borhood park account and used for improvement
of neighborhood parks including acquisition of
land. Such fees must be used for land and facili-
ties that will be located in the neighborhood park
service area of the subdivision from which the
fees were collected. A record of fees paid into and
expended from the fund, shall be kept by the city.
In the event funds have not been expended on
such purposes within fifteen (15) years from the
date received then the fees shall be refunded in
the following manner:
(1) Ifpaid in full at the time of platting, to the
developer.
(2) If paid at the time of the building permit,
to the record property owner at the time
of the refund.
(e) Credit for private open space. Private open
space for park and recreational purposes within a
proposed development may be credited for up to
fifty (50) percent of the requirement for dedica-
tion of public park land or payment of a fee in lieu
thereof provided that the following standards are
met:
(1) That yards, setbacks and other open ar-
eas required by zoning and building reg-
ulations shall not be included in comput-
ing the area set aside as private open
space.
(2) That the private open space shall be rea-
sonably useable for park and recreation
purposes.
(3) That the private open space shall be per-
petually restricted for park and recre-
ation purposes by recorded plat or restric-
tive covenant.
2118.2
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SUBDMSION REGULATIONS
~ 36-91
.
(4) That the private open space shall be per-
manently owned and maintained by the
owner of the development or by a legally
established homeowners association.
(0 Indication on preliminary plat. At the time
of preliminary plat submittal, the developer shall
indicate whether a dedication of land or a fee in
lieu of dedication is being proposed. Any land
proposed to be dedicated shall be shown on the
preliminary plat. The proposed plat shall be re-
ferred to the parks and recreation advisory board
for review and recommendation.
e
(g) Prerequisite for final plat approval. When
land is being dedicated it shall be shown on the
final plat and marked ''Dedicated for Public Park
Purposes." Such dedications shall not be effective
until the dedication has been specifically accepted
by the board of commissioners.
When a fee in lieu of dedication is required,
total payment shall be made prior to final plat
approval by the board of commissioners or, at the
option of the developer, payment may be made at
the time of issuance of a building permit on each
individual lot. In the latter case, the fee shall be
in accordance with the fee schedule referenced in
section (d).
(h) Reservation of park land. In some cases,
the board of commissioners may determine that
the reservation of park land for future dedication
is more appropriate than immediate dedication of
such land. In such cases, the land to be reserved
shall be shown on the final plat and marked
"Reserved for Public Park Purposes" and a cove-
nant shall be written on the recorded plat indi-
cating the latest date, time and manner in which
dedication shall occur. Such future dedications
shall be at no cost to the city except for the
reimbursement of any costs paid by the owner for
street, utility, drainage, and other public improve-
ments benefitting the reserved land.
(i) Effective area. The requirements herein shall
apply to all lands within the city limits or being
annexed into the city limits concurrent with sub-
division approval lying south and east of a line
described as follows: beginning where Magnolia
Road extended intersects the western boundary of
the city; thence easterly along Magnolia Road to
.
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Supp. No. 13
Ninth Street; thence northerly along Ninth Street
to Cloud Street; thence easterly along Cloud Street
to Ohio Street, thence northerly along Ohio Street
to Crawford Avenue; thence easterly along Crawford
Avenue to the Smoky Hill River; thence northerly
along the Smoky Hill River and cutoff channel to
the northeastern boundary of the city.
(Ord. No. 97-9832, ~ 1, 12-22-97)
Sees. 36-82-36-90. Reserved.
ARTICLE I\T. SPECIFICATIONS FOR
DOCUMENTS TO BE SUBMITTED
See. 36-91. Preliminary plat.
The preliminary plat shall be prepared by a
registered land surveyor, licensed engineer or
registered architect drawn to a scale of not more
than one hundred (100) feet to an inch on a sheet
with dimensions of twenty-four (24) by thirty-six
(36) inches. Sheets shall be numbered'in sequence
if more than one (1) sheet is used. The plat shall
contain the following:
(1) Name:
a. Name of subdivision if property is
within an existing subdivision;
b. Proposed name if property is not
within a previously platted subdivi.
sion. This name shall not be so sim-
ilar to any existing subdivision name
in or near the city as to cause confu-
sion.
(2) Ownership:
a. Name, address and telephone num-
ber of legal owner or agent of prop-
erty and citation of last instrument
conveying title to each parcel or prop-
erty involved in the proposed subdi-
vision, giving grantor, grantee, date
and land records reference;
b. Citation of any existing legal rights-
of-way or easements affecting the
property;
c. Existing covenants on the property,
if any;
2118.3
~ 36-91
SALINA CODE
d. Name, address and telephone num-
ber of the professional person respon-
sible for surveys, subdivision design,
and for the design of public improve-
ments.
(3) Description. Location of property by gov-
ernment lot, section, township, range and
county, north arrow, graphic scale, writ-
ten scale and date of preparation.
(4) Features:
a. Location of property lines and names
of all adjoining property owners from
the latest assessment rolls as stated
in section 36-39. The location of ex-
isting easements, burial grounds, rail-
road rights-of-way, watercourses,
wooded areas and individual trees
as defined in this chapter;
b. Location, width and names of all
existing or platted streets or other
public ways within or immediately
adjacent to the tract and the location
and width of proposed streets;
c. Location and sizes of existing sew-
ers, water mains, culverts, wells, sep-
tic tanks, and other underground
structures within the tract and im-
mediately adjacent thereto; existing
permanent buildings and utility poles
on or immediately adjacent to the
site and utility rights-of-way;
d. If other than public systems are pro-
posed, preliminary proposals for al-
ternative means of providing water
supply and sanitary waste treat-
ment and disposal; preliminary pro-
visions for collecting and discharg-
ing surface water drainage;
e. A vicinity map showing streets and
other general development of the sur-
rounding area;
f. Whenever the plat covers only a part
of an applicant's contiguous hold-
ings, the applicant shall submit, at a
scale of no more than two hundred
(200) feet to the inch, a sketch of the
proposed subdivision area, together
Supp. No. 13
2118.4
with its proposed street system and
an indication of the probable future
street and drainage system of the
remaining portion of the tract;
g. The location, bearings and dimen-
sions of all boundary lines of the
property to be expressed to the near-
est foot; this boundary survey shall
be prepared by a registered land
surveyor;
h. The location of pertinent features
such as swamps, parks, bridges, rail-
roads, as determined by the plan-
ning commission; ground elevation
at vertical intervals not exceeding
five (5) feet in areas of fifteen (15)
percent grade or more and two (2)
feet in all other areas oflesser grade;
i. The locations and dimensions of all
proposed or existing lots expressed
to the nearest foot;
j. The locations and dimensions of all
property proposed to be set aside for
park and playground use, or other
public or private reservation, with
designation of the purpose thereof,
and conditions, if any, of the dedica-
tion or reservation;
k. The name and address of the owner
or owners of land to be subdivided,
the name and address of the subdi-
vider if other than the owner, and
the name of the land surveyor, engi-
neer or architect;
L The date of the plat, approximate
north point, graphic and written scale
and suf.
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SUBDIVISION REGULATIONS
ficient data acceptable to the city engi-
neer to determine readily the location,
bearing and length of all lines, and to
reproduce such lines on the ground; the
location of all proposed monuments;
m. N ames of all new streets;
n. Front yard setback lines for all lots and
portions of lots as required by the zoning
regulations;
o. Blocks shall be consecutively numbered.
All lots in each block shall be consecu-
tively numbered;
p. A statement of the use of any lot as pro-
posed by the applicant;
q. Explanation of drainage easements, site
easements and reservations, if any;
r. The area of the plat and closure calcula-
tions of the exterior boundary including
the latitude and departure of each course
shall be submitted. The area of the sub-
division shall be computed by the double
meridian distance m.M.D.) method. The
error of closure of the perimeter survey
shall not exceed one (1) foot for each five
thousand (5,000) feet of perimeter;
s. The lack of information under any speci-
fied item herein, or improper information
supplied by the applicant, shall be cause
for disapproval of a preliminary plat. (Ord.
No. 80-8828, ~ 1(4.1), 12-22-80; Ord. No.
90-9386, ~~ 5, 7, 6-18-90)
Sec. 36.92. Final plat.
(a) General. The final plat shall be submitted
in the form of an original drawing in waterproof
ink on mylar or other polyester drafting film
drawn to a scale no smaller than one (1) inch to
one hundred (100) feet on a twenty-four (24) by
thirty-six (36) inch sheet. The fmal subdivision
plat shall be prepared by a registered land sur-
veyor. It is desirable that the drawing of the final
plat appear on a single sheet. When this is impos-
sible, a small scale key map shall appear on the
first sheet showing the entire area platted and
the sheet on which each platted area appears. All
Supp. No.8
~ 36-92
revision dates must be shown as well as the fol-
lowing:
(1) Name of the subdivision;
(2) Location map showing the location of the
subdivision relative to adjacent subdivi-
sions, tracts and the city limits;
(3) A legal description prepared by a regis-
tered land surveyor of the tract being sub-
divided;
(4) The perimeter boundary lines of the subdi-
vision showing all property corners, land
lines, distances, bearings and angles, and
other references used in the legal descrip-
tion of the tract. The boundary of the platted
areas should be accurately indicated by a
heavy solid line;
(5) All lot lines, right-of-way lines, streets and
easements shall be shown with their dimen-
sions to the nearest one hundredth (0.01) of
a foot and in actual respective location;
(6) Prior to the submittal of the final plat, all
block corners, including the PC and PT of
curved block lines, shall be marked by iron
monuments no smaller than one-half inch
in diameter and two (2) feet in length,
driven into the ground flush with the ex-
isting ground surface. The location of such
monuments shall be shown on the final plat
and marked on the ground by use of wooden
stakes. Sufficient information shall be
shown on the plat to allow an experienced
surveyor to locate or relocate all points and
lines shown on the plat, including all per-
tinent curve data. The error of closure of
the boundaries of any enclosed area within
the plat shall not exceed one (1) foot in three
thousand (3,000) feet;
(7) Prior to the submittal of the final plat, all
corners in the boundary of the subdivision
shall be monumented with an iron bar no
smaller than one-half inch in diameter and
two (2) feet in length, set rigidly in concrete
(KS.A. 58-2001);
(8) Where any section or quarter-section cor-
ner is involved, in the control establishing
2119
~36-92
SALINA CODE
the location of a subdivision boundary, said
point shall be clearly monumented and ref-
erenced before it is used in the subdivision
control;
(9) All areas, except street rights-of-way and
utility easements, to be dedicated to the
public or reserved for public use or for the
exclusive use of the property owners within
the subdivision, shall be clearly outlined
and a legal description of the same shall
appear on the final plat with the intended
use clearly noted thereon;
(10) North point, graphic scale, written scale
and date of preparation;
(11) Protective covenants shall be lettered on
the final plat or submitted on a separate
sheet with appropriate references made on
the final plat, and signed by the subdivider
and/or owner;
(12) Lots and blocks shall be numbered in an
orderly manner conforming with established
numbering procedures previously used in
the city and approved by the city engineer;
(13) Any restrictions in addition to the protec-
tive covenants shall be lettered on the plat;
(14) All easement lines shall be shown and prop-
erly labeled and dimensioned;
(15) All plats located in a flood hazard area
shall conform to Resolution No. 3186 and
shall be so noted on the plat. Suggested
wording is as follows:
"This plat shall conform with the provi-
sions of Resolution No. 3186 of the City of
Salina dealing with flood hazard areas."
(16) The flood fringe and floodway, if known,
shall be identified on the plat.
(b) Certificates. The following certificates, duly
signed as appropriate, shall appear on the final
plat upon its submittal:
SURVEYOR'S CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Supp. No.8
I, the undersigned, do hereby certify that I am
a registered land surveyor in the State of Kansas,
with experience and proficiency in land surveying;
that the heretofore described property was sur-
veyed and subdivided by me, or under my super-
vision; that all Subdivision Regulations of the City
of Salina, Kansas have been complied with in the
preparation of this plat; and that all of the mono
uments shown herein actually exist and their po-
sitions are correctly shown to the best of my knowl.
edge and belief.
Given under my hand and seal at ,
Kansas, this _ day of , A.D. 19_.
OWNER'S CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
This is to certify that the undersigned is the
owner(s) of the land described in the plat, and
that he has caused the same to be surveyed and
subdivided as indicated thereon, for the uses and
purposes therein set forth, and does hereby ac-
knowledge and adopt the same under the style
and title thereon indicated.
All street rights-of-way as shown on this plat
are hereby dedicated to the public. An easement
or license to the public to locate, construct and
maintain or authorize the location, construction
and maintenance of poles, wires, conduits, water,
gas and sewer pipes or required drainage chan-
nels or structures under or upon the area marked
for easements on this plat is hereby granted.
Given under my hand at , Kansas, this
_ day of , A.D. 19_.
STATE OF KANSAS )
) 55
COUNTY OF SALINE )
The undersigned, being a duly licensed and bonded
abstracter or authorized representative thereof,
2120
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SUBDIVISION REGULATIONS
hereby certifies that the above is the legal own-
er(s) of record of the property shown on this plat.
Dated this _ day of , A.D. 19_.
CORPORATE OWNER'S CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
This is to certify that the undersigned Propri-
etor, , owns the
land described in the plat and has caused the
same to be surveyed and subdivided as indicated
thereon, for the uses and purposes therein set
forth and does hereby acknowledge and adopt the
same under the style and title thereon indicated.
All streets as shown on this plat are hereby
dedicated to the public. An easement or license to
the public to locate, construct and maintain or
authorize the location, construction and mainte-
nance of poles, wires, conduits, water, gas and
sewer pipes or required drainage channels or struc-
tures under or upon the areas marked for ease-
ments on this plat is hereby granted.
Given under my hand at , Kansas, this
day of , A.D. 19
Corporate Name
Corporate Title
ATTEST:
, Secretary
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
The undersigned, being a duly licensed and bonded
abstractor or an authorized representative there-
Supp. No.8
136-92
of, hereby certifies that the above is the legal
owner(s) of the property shown on this plat.
Dated this day of , A.D.
19
NOTARYCERTDnCATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
I, , a Notary Public in and
for said county, in the state aforesaid, do hereby
certify that , personally
known to me to be the same person(s) whose name(s)
are subscribed to the foregoing instrument as such
owner(s), appeared before me this day in person
and acknowledged that he (they) signed and de-
livered the plat as his (their) own free and volun-
tary act for the uses and purposes therein set
forth.
Given under my hand and Notarial Seal this
day of , A.D. 19
COUNTY CLERK AND CITY CLERK
CERTIFICATE
STATE OF KANSAS )
) sS
COUNTY OF SALINE )
I do hereby certify that there are no delinquent
general taxes, no unpaid current general taxes,
no unpaid forfeited taxes, and no redeemable tax
sales against any of the land included in this plat.
I further certify that I have received all statu-
tory fees in conjunction with the plat.
Given under my hand and seal at Salina, Kan-
sas, this day of , A.D.
19
County Clerk
City Clerk
~121
5 36-92
SALINA CODE
CERTIFICATE AS TO SPECIAL
ASSESSMENTS
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
I do hereby certify that there are no delinquent
or unpaid current or forfeited special assessments
or any deferred installments thereof that have
not been apportioned against the tract of land
included in this plat.
Given under my hand and seal at Salina, Kan-
sas, this day of , A.D.
19
County Clerk
City Clerk
SALINA CITY PLANNING COMMISSION
CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Approved this
19
day of
,A.D.
SALINA CITY PLANNING COMMISSION
SALINA, KANSAS
Chairman
ATTEST:
Secretary
SALINE COUNTY PLANNING AND ZONING
COMMISSION CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Approved this
19
day of
,A.D.
Supp. No.8
2122
SALINE COUNTY PLANNING ZONING
COMMISSION
SALINE COUNTY, KANSAS
Chairman
ATTEST:
Secretary
CERTIFICATE OF THE CITY COMMISSION
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Approved this
19
day of
,A.D.
BOARD OF CITY COMMISSIONERS OF THE
CITY OF SALINA, KANSAS
Mayor
ATTEST:
City Clerk
CERTIFICATE OF THE COUNTY
COMMISSIONERS
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
Approved this
19
day of
,A.D.
BOARD OF COUNTY COMMISSIONERS OF
SALINE COUNTY, KANSAS
Chairman
ATTEST:
County Clerk
REGISTER OF DEEDS CERTIFICATE
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
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SUBDIVISION REGULATIONS
Plat of Addition filed of
record in my office on this day of_,
at M., and duly recorded in Volume _
of Plats, at Page
Register of Deeds
Filing Fee of Paid.
(Ord. No. 80-8828, ~ 1(4.2), 12-22-80; Ord. No. 90-
9386, ~~ 6, 7, 6-18-90)
Supp. No.8
2123
~ 36-92
[The next page is 2173]
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Chapter 37
T AXATION*
-Editor's note-Charter ord. no. 22, ~ 4, adopted September 15, 1986, repealed Ch. 37 which consisted of H 37-16-37-18. The
aforesaid sections were concerned with the transient guest tax and the convention and tourism committee, and derived from the
Code of 1966, H 32A-1l-32A-13; and Ord. No. 80-8818, ~ 1, adopted November 10, 1980. For similar provisions, see App. A,
Cl!arter ord. no. 22.
::)upp. No.7 [The next page is 2221]
2173
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Chapter 38
.
TRAFFIC AND MOTOR VEmCLES.
Art. L
Art. IL
Art. m.
In General, U 38-1-38-20
Miscellaneous Rules, 00 38-21-38-40
Stopping, Standing and Parking, U 38-41-38-100
Div. 1. Generally, U 38-41-38-50
Div. 2. Reserved, ~~ 38-51-38-80
. Div. 3. Inoperable Vehicles, ~A 38-81-38-100
Parades and Processions, U 38-101--38-115
Trains and Railroads, U 38-116--38-130
Size, Weight and Load, U 38-131-38-150
Noise, U 38-151-38-157
Art. Iv.
Art. V.
Art. VI.
Art. VII.
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.Cross references-Ordinances prescribing traffic regulations for specific streets or areas saved from repeal, A 1-5(13);
distributing matter in or attaching to motor vehicles, A 3-1; transportation of alcoholic liquor, ~ 5-23; mobile homes and trailers, Ch.
22; police, Ch. 30; standards for transportation in vehicles for private garbage haulers, A 34-51; streets, sidewalks and other public
places, Ch. 35; vehicles for hire, Ch. 40.
State law references-Automobiles and other vehicles generally, KS.A Ch. 8; powers of local authorities, KS.A Ch. 8, Art.
20.
Supp. No. 13
2221
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TRAFFIC AND MOTOR VEHICLES
~ 38-1
ARTICLE I. IN GENERAL
.
Sec. 38-1. Incorporating Standard Traffic 0r-
dinance.
e
(a) Incorporation by reference. There is hereby
incorporated by reference for the purpose of reg-
ulating traffic within the corporate limits of the
City of Salina, Kansas, that certain standard
traffic ordinance known as the "Standard Traffic
Ordinance for Kansas Cities," 29th Edition (2001),
prepared and published in book form by the
League of Kansas Municipalities, 'Ibpeka, Kan-
sas, except as Sections 33 and 85 contained therein
are modified as set forth in paragraphs (b) and (c)
below. No fewer than three (3) copies of the
Standard Traffic Ordinance shall be marked or
stamped "Office Copy as Adopted by Ordinance
Number 01-10043", with all sections or portions
thereof intended to be omitted or changed clearly
marked to show any such omission or change and
to which shall be attached a copy of this ordi-
nance, and filed with the city clerk to be open to
inspection and available to the public at all rea-
sonable hours.
(b) Amendment. Section 33 of the Standard
Traffic Ordinance is hereby amended to read as
follows:
"Section 33. Maximum speed limits.
(a) Except when a special hazard exists
that requires lower speed for compli-
ance with Section 32, the limits spec-
ified in this section or established as
hereinafter authorized shall be max-
imum lawful speeds, and no person
shall drive a vehicle at a speed in
excess of such maximum limits:
.
(1) In any city park, fifteen (15)
miles per hour, unless posted
differently, in which case the
maximum speed limit shall be
the posted speed limit;
(2) In any school zone, twenty (20)
miles per hour;
(3) In any non-arterial residential
district, thirty (30) miles per
hour;
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Supp. No. 16
(4) In any alley, ten (10) miles per
hour;
(5) In all other locations, fifty-five
(55) miles per hour, unless
posted differently, in which case
the maximum speed limit shall
be the posted speed limit.
The maximum speed limits established by or
pursuant to this paragraph shall be of force
and effect regardless of whether signs are posted
giving notice thereof.
(b) No person shall drive a school bus to
or from school, or interschool func-
tions or activities, at a speed greater
than forty-five (45) miles per hour on
any roadway having a dirt, sand or
gravel surface, and in no event shall
a school bus be driven to and from
school, or functions or activities, in
excess of fifty-five (55) miles per hour,
notwithstanding any maximum speed
limit in excess thereof. The provi-
sions of this subsection shall apply
to buses used for the transportation
of students enrolled in community
colleges or area vocational schools
when such buses are transporting
students to or from school functions
or activities."
(c) Amendment. Section 85 of the Stan-
dard Traffic Ordinance is hereby
amended to read as follows:
"Section 85. Stopping, Standing or Parking
Prohibited in Specified Places. Except when
necessary to avoid conflict with other traffic, or
in compliance with law or the directions of a
police officer or official traffic-control device, no
person shall:
(a) Stop, stand or park a vehicle:
(1) On the roadway side of any
vehicle stopped or parked at
the edge or curb of a street;
(2) On a sidewalk;
(3) Within an intersection;
(4) On a crosswalk;
(5) Between a safety zone and the
adjacent curb or within 30 feet
2223
~ 38-1
SALINA CODE
of points on the curb immedi-
ately opposite the ends of a
safety zone, unless a different
length is indicated by signs or
markings;
(6) Alongside or opposite any street
excavation or obstruction when
stopping, standing or parking
would obstruct traffic;
(7) Upon any bridge or other ele-
vated structure upon a high-
way or within a highway tun-
nel;
(8) On any railroad tracks;
(9) On any controlled-access high-
way;
(10) In the area between roadways
of a divided highway, including
crossovers;
(11) At any place where official signs
prohibit stopping; or
(12) Alongside the curb of a street
where the curb is painted yel-
low.
(b) Stand or park a vehicle, whether
occupied or not except momentarily
to pick up or discharge a passenger
or passengers:
(1) In front of a public or private
driveway;
(2) Within fifteen (15) feet of a fire
hydrant;
(3) Within twenty (20) feet of a
crosswalk at an intersection;
(4) Within thirty (30) feet upon the
approach to any flashing sig-
nal, stop sign or traffic-control
signal located at the side of the
roadway;
(5) 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 sign-posted;
Supp. No. 16
(6) At any place when official signs
prohibit standing.
(c) Park a vehicle, whether occupied or
not, except temporarily for the pur-
pose of, and while actually engaged
in, loading or unloading property or
passengers:
(1) Within fifty (50) feet of the near-
est rail of a railroad crossing;
(2) At any place where official signs
prohibit parking.
(d) No person shall move a vehicle not
lawfully under his control into any
such prohibited area or away from a
curb such a distance as is unlawful.
(e) No person shall stand or park a
vehicle in areas designated as fire
lanes upon public or private proper-
ty."
(Ord. No. 87-9175, ~ 1,3-16-87; Ord. No. 88-9274,
~~ 1, 2, 8-22-88; Ord. No. 90-9414, ~~ 1,2, 11-5-90;
Ord. No. 91-9491, ~ 1, 12-19-91; Ord. No. 92-9538,
~ 1, 10-12-92; Ord. No. 93-9578, ~ 1,6-28-93; Ord.
No. 93-9584, ~ 1, 8-2-93; Ord. No. 94-9656, ~ 1,
9-26-94; Ord. No. 96-9743, ~ 1,6-17-96; Ord. No.
96-9752, ~ 1, 8-5-96; Ord. No. 97-9821, ~ 1, 8-11-
97; Ord. No. 98-9886, ~ 1, 8-17-98; Ord. No.
99-9952, ~ 1, 10-18-99; Ord. No. 00-10001, ~ 1,
10-2-00; Ord. No. 01-10043, ~ 1,6-25-01)
Sec. 38-1.1. Traffic infractions and traffic of.
fenses.
(a) An ordinance traffic infraction is a viola-
tion of any section of this chapter that prescribes
or requires the same behavior as that prescribed
or required by a statutory provision that is clas-
sified as a traffic infraction in KS.A. 8-2118.
(b) All traffic violations which are included
within this chapter, and which are not ordinance
traffic infractions as defined in subsection (a) of
this section shall be considered traffic offenses.
(Ord. No. 87-9175, ~ 2, 3-16-87)
Sec. 38-1.2. Penalties for scheduled fines.
The fine for violation of any ordinance traffic
infraction or any other offense for which the
municipal judge establishes a fme in a fine sched-
2224
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TRAFFIC AND MOTOR VEHICLES
~ 38-1.2
.
ule shall not be less than ten dollars ($10.00) nor
more than one hundred dollars ($100.00). A per-
son tried and convicted of an ordinance traffic
infraction or other traffic offense for which a fine
has been established in a schedule of fines shall
pay a fine fixed by the court not to exceed five
hundred dollars ($500.00).
(Ord. No. 87-9175, ~ 3, 3-16-87)
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Supp. No. 16
2224.1
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TRAFFIC AND MOTOR VEHICLES
~ 38-21
.
Sec. 38-2. Regulations to conform to street
plan.
All traffic regulations of the city shall conform,
as nearly as practicable, with the master street
plan adopted by the city, and filed with the city
clerk.
(Code 1966, ~ 22-2)
Sec. 38-3. Manager may designate use of
streets for other purposes.
The city manager shall have the authority to
temporarily close any street or part thereof so as
to allow the use of the street or any portion
thereof for any activity or purpose having a gen-
eral public or community-wide purpose or func-
tion and the city manager is hereby authorized to
place appropriate signs or devices in the street
indicating the temporary closing thereof.
(Code 1966, ~ 22-65)
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Sec. 38-4. Quiet zones.
Whenever authorized signs are erected indicat-
ing a zone of quiet, no person operating a motor
vehicle within any such zone shall sound the horn
or other warning device of the vehicle except in an
emergency. The city manager shall have author-
ity to temporarily establish a zone of quiet upon
any street where a person is seriously ill if re-
quested so to do by the written statement of at
least one (1) registered physician certifying to its
necessity. Such temporary zone of quiet shall
embrace all territory with a radius of two hun-
dred (200) feet of the building occupied by the
person named in the request of said physician.
Such 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 a
conspicuous place in the street a sign or marking
bearing the words "Quiet Zone."
(Code 1966, ~ 22-115)
.
Sees. 38-5, 38-6. Reserved.
Editor'. no~. No. 96-9753, ~ I, adopted Aug. 5,
1996, repealed U 38-5 and 38-6, pertaining to licensing
drivers under the age of sixteen, as derived from the Code of
1966, ~~ 22-31 and 22-32.
e
Supp. No. 13
Sec. 38-7. Provisions not to interfere with
real property owners.
Nothing in this chapter shall be construed to
prevent the owner of real property used by the
public for purposes of vehicular travel by permis-
sion 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 spec-
ified in this chapter or otherwise regulating such
use as may seem best to such owner.
(Code 1966, ~ 22-13)
State law reference-Similar provisions, K.S.A. 8-2012.
Sees. 38-8, 38-9. Reserved.
Editor'. note-Section 1 of Ord. No. 97-9837, adopted
Nov. 10, 1997, repealed ~A 38-8 and 38-9 in their entirety.
Formerly, ~~ 38-8 and 38-9 pertained to operating bicycles,
etc., for children under the age of sixteen and derived from ~~
22-351 and 22-352 of the 1966 Code.
Sec. 38-10. Definition of street or highway.
In addition to the definition of a "street or
highway" as set forth in the traffic ordinance for
Kansas Cities as adopted by Ordinance Number
83-8943 the term "street or highway" shall also
include in addition to those areas specifically
enumerated therein, all areas open to the public
for vehicular traffic, whether publicly or privately
maintained.
(Ord. No. 83-8974, ~ 1, 10-17-83)
Sec. 38-11. Provisions applicable to areas
open to public vehicular traffic.
The provisions of this chapter and all other
traffic ordinances of the city shall be applicable to
all areas open to the public for vehicular traffic,
whether publicly or privately owned.
(Ord. No. 83-8974, ~ 1, 10-17-83)
Sees. 38-12-38-20. Reserved.
ARTICLE ll. MISCELLANEOUS RULES
Sec. 38-21. 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
2225
~ 38-21
SALINA CODE
without due caution and circumspection, or in any
manner not constituting reckless driving but so
as to endanger or be likely to endanger any
person or property.
(Code 1966, ~ 22-77)
Sec. 38-22. Boarding, alighting from mov-
ing vehicle.
It shall be unlawful for any person to board or
alight from any vehicle while such vehicle is in
motion.
(Code 1966, ~ 22-205)
Secs. 38-23, 38-24. Reserved.
Editor'. Dote-Section 1 of Ord. No. 97-9837, adopted
Nov. 10, 1997, repealed H 38-23 and 38-24 in their entirety.
Formerly, ~~ 38-23 and 38-24 pertained riding bicycles on
sidewalks and derived from ~~ 22-209 and 22-210 of the 1966
Code.
Sec. 38-25. Impersonating blind or incapac-
itated person.
It shall be unlawful for any person, unless
totally or partially blind or otherwise incapaci-
tated, 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.
(Code 1966, ~ 22-222)
Sec. 38-26. Obedience to school crossing
guards.
The driver of any vehicle traveling on any
street designated as a school zone or school zone
crosswalk shall bring such vehicle to a complete
stop before passing or approaching any such school
building or crosswalk whenever he is signaled or
requested so to do by a traffic officer, school
flagman or school patrol placed in such street for
the purpose of directing traffic past any such
school building or crosswalk; and after being
signaled to stop, it shall be unlawful for the driver
of any such vehicle to proceed along any such
street until such street is cleared of school chil-
dren and until the person giving such signal shall
have signaled the driver of such vehicle to pro-
ceed.
(Code 1966, ~ 22-7)
Supp. No. 13
Sec. 38-27. Driving off roadway.
It shall be unlawful for any person to drive any
motor vehicle, motorcycle, mini-bike, or other
motor driven vehicle upon or across any public or
private grounds in the city or upon the flood
control dikes of the city, except upon the improved
portions of public streets, parking lots, perma-
nent or temporary driveways and such other
places as may be permitted by ordinances of the
city; provided, however, the board of commission-
ers may, by resolution, designate areas where
certain types of motor driven cycles or similar
vehicles may be operated.
(Ord. No. 83-8975, ~ I, 10-17-83)
Sec. 38-28. Speed in school zones.
No driver, when passing through a school zone
or school speed zone shall, during the hours
posted, operate any vehicle in excess of the posted
speed limit.
(Ord. No. 83-8976, ~ I, 10-17-83)
Sec. 38-29. Riding bicycles in Salina Busi-
ness Improvement District No.1
and on publicly and privately
owned property.
(a) It shall be unlawful for any person to ride a
bicycle on any sidewalk within the boundaries of
Salina Business Improvement District No.1 as
established by city ordinance.
(b) It shall be unlawful for any person to ride a
bicycle upon any street, alley, sidewalk, parking
lot or other property, either publicly or privately
owned and open to the public, when a sign pro-
hibiting such activity is conspicuously posted on
the property.
(Ord. No. 97-9837, ~ I, 11-10-97)
Sec. 38-30. Duties when riding bicycle on
sidewalk.
In residential 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 pedes-
2226
e
TRAFFIC AND MOTOR VEHICLES
~ 38-40
.
trian, shall slow or stop the same, if necessary, to
avoid colliding with or interfering with the pas-
sage of any pedestrian on such sidewalk.
(Ord. No. 97-9837, ~ 1, 11-10-97)
Sec. 38-31. Riding human powered wheeled
devices on publicly and privately
owned property.
(a) It shall be unlawful for any person to
operate or ride upon a skateboard, roller skates,
roller blades or other human powered device
designed primarily for recreational use upon any
public street, alley, sidewalk, parking lot or other
publicly owned property located within the bound-
aries of Salina Business Improvement District
No.1 as established by city ordinance.
e
(b) It shall be unlawful for any person to
operate or ride upon a skateboard, roller skates,
roller blades or other human powered wheeled
device designed primarily for recreational use
upon any street, alley, sidewalk, parking lot or
other property, either publicly or privately owned
and open to the public, when a sign prohibiting
such activity is conspicuously posted on the prop-
erty.
(Ord. No. 97-9837, ~ 1, 11-10-97)
.
Sec. 38-32. Parental responsibility for viola-
tions by children.
Any parent or guardian of any child under the
age of sixteen (16) years who permits such child to
ride or operate any vehicle; bicycle; or skateboard,
roller skates, roller blades or other human pow-
ered wheeled device designed primarily for recre-
ational use 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 vehicle; bicycle; or
skateboard, roller skates, roller blades or other
human powered wheeled device designed prima-
rily for recreational use in violation of the provi-
sions of this chapter, and the continued violation
by any such child of any provisions of this chapter
after notice of such violation has been brought to
e
Supp. No. 13
the attention of such parent or guardian shall be
presumed to be with the knowledge and consent
of such parent or guardian.
(Ord. No. 97-9837, ~ 1, 11-10-97)
Sec. 38-33. Police to take up vehicles, bicy-
cles or other devices.
If any child under the age of sixteen (16) years
shall operate or ride on any vehicle; bicycle; or
skateboard, roller skates, roller blades or other
human powered wheeled device designed prima-
rily for recreational use in violation of the provi-
sions of this chapter or if any such vehicle, bicycle
or device, or the equipment involved in its opera-
tion, fails to comply with the requirements of this
chapter, any police officer of the city may take
possession of such vehicle, bicycle or device and
take the same to the police headquarters in the
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 guard-
ian to comply with the requirements of this chap-
ter.
(Ord. No. 97-9837, ~ 1, 11-10-97)
Sees. 38-34--38-39. Reserved.
ARTICLE m. STOPPING, STANDING AND
PARKING.
DMSION 1. GENERALLY
Sec. 38-40. Designating prohibited or re-
stricted parking.
The city manager may designate, and direct
appropriate signage or pavement markings for,
prohibited or restricted parking areas on any
public street, park road or public parking lot.
(Ord. No. 96-9777, ~ 1, 1-13-97)
Editor'. note-Ord. No. 96-9777, adopted Jan. 13, 1997,
repealed and replaced ~~ 38-41.3, 38-41.7, 38-44 and 38-45,
with new provisions, designated herein as ~~ 38-40 and
38-44--38-48. Prior to repeal, ~~ 38-41.3, 38-41.7, 38-44 and
38-45 pertained to parking regulations as derived from the
Code of 1966, ~~ 22-146, 22-158, 22-181, 22-183; Ord. No.
81-8885, ~ 1, adopted Nov. 2, 1981; Ord. No. 81-8886, ~ 1,
adopted Nov. 2, 1981; Ord. No. 84-9045, ~ 1, adopted Sept. 24,
1984; and Ord. No. 86-1940, ~ 1, adopted July 7, 1986.
.Cro88 reference-Off-street parking and loading require-
ments, ~ 42-541 et seq.
2227
~ 38-41
SALINA CODE
Sec. 38-41. Parking of certain vehicles on
streets in residential areas; arte-
rial streets at night prohibited.
It shall be unlawful for any person to use any
residential street in the city for what is commonly
known as nighttime parking of any truck (except
pickup trucks), tractor, trailer, mobile home, mo-
tor home, boat or bus; provided however, this
provision shall not apply to streets which are
located in commercial or industrial areas and
which have not been designated by the city as
arterial streets; and if such truck is 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 section, "night-
time" shall be defined as the period of time from
one-half (112) hour after sundown until one-half
(112) hour before sunrise. For the purpose of this
section, "residential area" shall be defined as an
area where fifty (50) percent or more of the
property abutting the street within the block is
used for residential purposes. "Commercial or
industrial areas" shall be defined as areas where
fifty (50) percent or more of the property abutting
the street within the block is used for commercial
or industrial purposes.
(Code 1966, ~ 22-150)
Sec. 38-42. Parking on private property with-
out permission prohibited.
(a) 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 the real property.
(b) Whenever any person complains under oath
that a vehicle is standing on private real property
in violation of subsection (a), any police officer is
hereby authorized to provide for the removal of
such vehicle to the nearest garage or other place
of safety as outlined herein. Absent an emergency
situation in which damage to property or personal
Supp. No. 13
IDJUry is likely if the vehicle is not removed
immediately, no vehicle shall be removed without
either:
(1) Personally notifying the owner of the vio-
lation and giving said person a reasonable
time to move said vehicle; or
(2) Placing notice of the violation in a notice-
able place on the vehicle, then waiting
forty-eight (48) hours, and making a rea-
sonable attempt to locate the owner of the
illegally parked vehicle.
If an emergency situation exists, any police officer
is authorized to provide for the removal of such
vehicle immediately. The owner or other person
entitled to the possession of such vehicle shall be
required to pay the reasonable costs of such
removal and storage before being entitled to pos-
session of such vehicle.
(c) It is declared to be a public offense for any
person to violate subsection (a) and any person
convicted of such violation thereof shall be pun-
ished by a fine of not more than fifty dollars
($50.00).
(d) If any person contests validity of the tow-
ing of his or her vehicle, or contests the costs and
fees related to towing his or her vehicle, said
person is entitled to a hearing on these issues
within seventy-two (72) hours after notifying the
clerk of the municipal court of the issue. Said
hearing shall be in the municipal court of the City
of Salina.
(Code 1966, ~~ 22-153-22-155; Ord. No. 84-9023,
~ 1, 5-14-84)
Sec. 38-43. Impounding, removal of nuisance
vehicles.
(a) Any unoccupied vehicle left parked contin-
uously upon any street of the city 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 and impounded in
a public vehicular garage. Said removal shall take
place only after the following procedures.
2228
e
TRAFFIC AND MOTOR VEHICLES
~ 38-45
.
(b) Absent an emergency situation in which
damage to property or personal injury is likely if
the vehicle is not moved immediately, no vehicle
shall be removed without either:
(1) Personally notifying the owner of the vio-
lation and giving said person a reasonable
time to move said vehicle; or
(2) Placing notice of the violation in a notice-
able place on the vehicle then waiting
forty-eight (48) hours, and making a rea-
sonable attempt to locate the owner of the
illegally parked vehicle.
e
If an emergency situation exists, any police
officer is authorized to provide for the removal of
such vehicle to the nearest garage or other place
of safety immediately. After towing a vehicle in an
emergency situation, the chief of police is re-
quired to make a reasonable attempt to notify the
owner of the towed vehicle of the location of said
vehicle and the procedure for returning said ve-
hicle to the owner or other person entitled to
possession of said vehicle.
Any vehicle towed in an emergency or
nonemergency situation shall be surrendered to
the identified owner thereof, only upon the pay-
ment of storage charge and towing fee, which is
necessarily incurred by the chief of police, or any
other department of the city for the towing and
storage of such vehicle.
.
(c) Any vehicle against which there have 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,
and where the owner of such vehicle has failed to
appear in municipal court for the disposition of
such cases, is hereby declared to be a nuisance. It
shall be the duty of the chief of police to cause
such vehicle to be removed and impounded on
sight, thereafter, such vehicle shall be surren-
dered to the duly identified owner thereof only
upon payment of the storage charge and tow-in
fee, which is necessarily incurred by the chief of
police, or any other department of the city for
towing and storage of said vehicle.
e
Supp. No. 13
(d) If any person contests validity of the tow-
ing of his or her vehicle, or contests the costs and
fees related to the towing of his or her vehicle,
under this section, said person is entitled to a
hearing on said matter within seventy-two (72)
hours. Said hearing shall be in the municipal
court of Salina, Kansas.
(Code 1966, ~ 22-14; Ord. No. 84-9022, ~ 1, 5-14-
84)
Sec. 38-44. Establishing zones.
The board of commissioners shall from time to
time, by resolution, designate and establish park-
ing zones and time limits therein.
(Ord. No. 96-9777, ~ 1, 1-13-97)
Note-See editor's note following ~ 38-41.
Sec. 38-45. Overtime parking prohibited.
(a) It shall be unlawful for any person to cause,
allow or permit 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 city street or parking lot.
(b) Whenever any motor vehicle without driver
is found in violation of this section, the officer
finding such vehicle shall take its registration
number and may take any other information
displayed on the vehicle which may identify its
owner or operator, and shall conspicuously affix to
such vehicle a traffic citation.
The owner or operator may, within forty-eight
(48) hours of the time when such notice was
attached to such vehicle, enclose the notice with
two dollars ($2.00) if the violation was for parking
beyond the period of legal parking for the zone in
violation of subsection (a) and pay the same to the
clerk of the municipal court or by depositing the
fine and notice in a courtesy fine collection box as
a penalty for and in full satisfaction of such
violation.
If the penalty is not paid within forty-eight (48)
hours of the time when the citation was attached
to such vehicle, the penalty for the violation shall
increase to five dollars ($5.00), payable to the
clerk of the municipal court or by depositing the
fine and notice in a courtesy fine collection box.
2228.1
. . H o.
~ 38-45
SALINA CODE
The owner or operator may contest the ticket
by contacting the clerk of the municipal court and
requesting a trial date. Once a request for a trial
date has been made to the clerk, the enforcement
provisions are stayed, pending decision by the
municipal court judge.
If the owner or operator does not payor request
a hearing within a period offorty-eight (48) hours,
the clerk of the municipal court shall send to the
owner, of the motor vehicle to which the traffic
citation was affixed, a letter informing the owner
of the violation and warning that in the event
such letter is disregarded for a period of five (5)
days, a warrant of arrest will be issued. The fine
will then increase to twenty-five dollars ($25.00)
which will be the amount of the bond.
The failure of such owner or operator to make
such provisions within forty-eight (48) hours of
the time the citation was issued shall render the
owner or operator subject to the penalties herein-
after provided for violation of the provisions of
this division. Court costs are not assessed for
overparking tickets.
(Ord. No. 96-9777, ~ 1, 1-13-97)
Note-See editor's note following ~ 38-41.
Sec. 38-46. Marking of vehicles in areas
where parking time is limited.
The police department shall cause all vehicles
parked in areas where the length of parking time
is limited to be marked in such manner as to
distinguish such vehicles during the hours in
which the parking requirements within such ar-
eas are effective, and any person who shall re-
move, 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 misdemeanor
with penalties set out in section 38-48.
(Ord. No. 96-9777, ~ 1, 1-13-97)
Note-See editor's note following ~ 38-41.
Sec. 38-47. Temporary suspension.
When warranted by the public interest, the city
manager is hereby authorized to temporarily sus-
Supp. No. 13
pend the parking regulations outlined in this
division as they apply to specific locations within
the city.
(Ord. No. 96-9777, ~ 1, 1-13-97)
Note-See editor's note following ~ 38-41.
Sec. 38-48. Violations.
(a) Any person who shall violate any parking
provisions of the Code or any other parking reg-
ulations, except as otherwise provided, shall be
punished by a fine of not more than twenty-five
dollars ($25.00) and court costs.
(b) When a vehicle is parked within any area
wherein parking is prohibited, each full hour
shall be deemed to be a separate offense.
(c) When a vehicle is parked within an area
wherein the length of time a vehicle is permitted
to park is limited, each successive period of time,
equal to the permitted time, shall constitute a
separate offense.
(Ord. No. 96-9777, ~ I, 1-13-97)
Note-See editor's note following ~ 38-41.
Sees. 38-49, 38-50. Reserved.
DIVISION 2. RESERVED.
Sees. 38-51-38-80. Reserved.
DIVISION 3. INOPERABLE VEHICLESt
Sec. 38-81. Finding of governing body.
The board of commissioners finds that junked,
wrecked, dismantled, inoperative, discarded or
abandoned vehicles, or parts thereof, in and upon
all property within the city is a matter affecting
.Editor'. note-Section 1 of Ord. No. 92-9507, adoptediMay 11, 1992, repealed Div. 2, U 38-51-38-71, in its entirety.
Formerly, Div. 2 pertained to parking in parking meter zones
and derived from the Code of 1966, ~~ 2~169-22-191; Ord.
No. 81-8885, ~ 1, adopted Nov. 2, 1981; Ord. No. 81-8886, ~ 1,
adopted Nov. 2, 1981; Ord. No. 84-9045, ~ 2, adopted Sept. 24,
1984; and Ord. No. 87-9221, ~ 1, adopted Oct. 26, 1987.
tCross reference-Nuisances generally, Ch. 24.
2228.2
e
.
e
.
e
TRAFFIC AND MOTOR VEHICLES
~ 38-87
the health, safety, and general welfare of the cit-
izens of the city, for the following reasons:
(1) Such vehicles serve as a breeding ground
for flies, mosquitoes, rats and other insects
and rodents;
(2) They are a danger to persons, particularly
children because of broken glass, sharp
metal protrusions, insecure mounting on
blocks, jacks or supports and because they
are a ready source of fire and explosion;
(3) They encourage pilfering and theft, and con-
stitute a blighting influence upon the area
in which they are located thereby causing a
loss in property value to surrounding prop-
erty;
(4) They constitute a fire hazard in that they
block access for fire equipment to adjacent
buildings and structures.
(Code 1966, ~ 23-171)
Sec. 38.82. Def'mitions.
The following words and phrases, when used in
this division, shall have the meanings respec-
tively ascribed to them:
(1) Inoperable means a condition of being
junked, wrecked, wholly or partially dis.
mantled, discarded, abandoned, or unable
to perform the functions or purposes for
which it was originally constructed, or for
which it may have been subsequently mod-
ified.
(2) Vehicle means any automobile, truck,
tractor, aircraft or motorcycle, which as
originally built contained an engine or de-
signed to contain an engine, regardless of
whether it contains an engine at any other
time.
(Code 1966, ~ 23.172)
Cross reference- Definitions and rules of construction gen.
erally, fi 1.2.
Sec. 38.83. Prohibitions and exceptions.
It shall be unlawful for any person or his agent;
either as owner, lessee, tenant, or occupant of any
real property within the city to park, store, or
Supp. No.9
deposit, or permit to be parked, stored, or depos-
ited thereon an inoperable vehicle, unless:
(1) The inoperable vehicle is enclosed in a ga-
rage or other building.
(2) The person is a duly licensed automobile
junk dealer and the inoperable vehicle is
kept in compliance with section 33-38.
(3) The inoperable vehicle is stored on prop-
erty located in either the 1-2 or the 1-3 zoning
district and completely enclosed by
screening of not less than six (6) feet in
height.
Provided, however, that nothing in this section
authorizes the maintenance of a pqblic nuisance.
(Code 1966, ~ 23-173; Ord. No. 87-9189, ~ 1,
5-18-87; Ord. No. 8-9356, ~ 1, 11-13-89)
Sees. 38.84, 38.85. Reserved.
Editor's note-Ord. No. 87-9189, ~ 4, adopted May 18, 1987,
repealed ~ 38-84 and fi 38-85 in their entirety. Former fi 38-84,
concerning temporarily disabled vehicles, derived from the
Code of 1966, ~ 23-174; and former ~ 38-85, concerning
screening, derived from the Code of 1966, ~ 23-175.
Sec. 38-86. Presumptions that a vehicle is in.
operable.
Anyone of the following conditions shall raise
the presumption that a vehicle is inoperable:
(1) Absence of an effective registration plate
upon such vehicle;
(2) Placement of the vehicle, or parts thereof,
upon jacks, blocks, chains or other supports;
(3) Absence of one or more parts of the vehicle
necessary for the lawful operation of the
vehicle upon the streets and highways.
(Code 1966, ~ 23-176)
Sec. 38.87. Nuisance and abatement.
Any inoperable vehicle parked, stored or depos-
ited in a manner other than that permitted under
this division is hereby declared a nuisance and
may be abated under the same authority and pro-
cedure for the abatement of nuisances as set forth
2229
II 38-87
SALINA CODE
in chapter 24, Nuisances, as they now exist or
may be amended.
(Ord. No. 91-9422, ~ 1, 1-7-91)
Editor'. note-Sections 1, 2 of Ord. No. 91-9422, adopted
Jan. 7, 1991, repealed ~ 38-87 pertaining to procedure fol-
lowing informal complaint and provided for a new ~ 38-87 to
read as herein set out. Former ~ 38-87 derived from the Code
of 1966, II 23-177 and Ord. No. 87-9189, ~ 2, adopted May 18,
1987.
Sec. 38.88. Penalty.
(a) Any person violating the provisions of this
division shall be guilty of a misdemeanor and shall
be fined not less than twenty-five dollars ($25.00)
or more than five hundred dollars ($500.00), or
imprisoned not to exceed five (5) days, or be both
so fined and imprisoned, for each offense. Each
day such violation continues to exist shall consti-
tute a separate offense.
(b) Upon a conviction for violation of this divi.
sion, it shall be within the court's discretion to
order that the vehicle be removed and stored at
the expense of the person so convicted.
(Code 1966, ~ 23-178; Ord. No. 87-9189, ~ 3,
5-18-87)
Sees. 38.89-38.100. Reserved.
ARTICLE IV. PARADES AND
PROCESSIONS
Sec. 38.101. Permit required.
(a) No procession or parade other than a fu-
neral 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 depart-
ments, 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. A permit must be
requested at least two (2) weeks prior to the pa-
rade or procession.
(b) The permit fee shall be as prescribed in sec-
tion 2-2.
(Code 1966, ~ 22-234)
Supp. No.9
Sec. 38.102. Pennant or escort required for
funeral procession.
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 pennant of a type designated by
the chief of police or the traffic division of the
police department, or shall be escorted by a police
vehicle or vehicles.
(Code 1966, ~ 22-235)
Sec. 38.103. Duties of drivers in processions.
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.
(Code 1966, ~ 22-236)
Sec. 38.104. 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 article. This provision shall not apply at
intersections where traffic is controlled by traffic-
control signals or police officers.
(Code 1966, ~ 22.237)
Sees. 38.105-38.115. Reserved.
ARTICLE V. TRAINS AND RAILROADS'"
Sec. 38.116. Trains blocking 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.
(Code 1966 ~ 22-254)
.Cross reference-Railroad crossings, II 35-231 et seq.
2230
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TRAFFIC AND MOTOR VEHICLES
~ 38-133
Sec. 38.117. Backing trains, cars across
crossings.
It shall be unlawful for the directing officer or
the operator of any railroad train or any
brakeman, switchman, engineer, or other em-
ployee or officer of any railroad to permit or cause
to permit any train or car or cars of a train or
other object moving along such track to back across
any street, avenue or thoroughfare in the city
without first stationing, or causing to be stationed
in said street, avenue or thoroughfare, a flagman
or other employee of the railroad whose duty it
shall be to warn, by suitable signals, all ap-
proaching 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 thorough-
fare in the city unless such cars are attached to an
engine and under proper control.
(Code 1966, ~ 22-255)
Sec. 38.118. Unlawful to sound train whistle
at certain intersection.
At the railroad crossings directly east of Fifth
Street on Iron Avenue and on Ash Street, which is
protected by an electronically operated warning
device, every person who is on, operating or as-
sisting in the operation of a train locomotive or
engine who shall sound a train whistle, an air
horn or similar noise-making warning device
within the distance of one adjacent city block of
the crossing, when the train is approaching the
crossing, shall be deemed guilty of a public of-
fense except between the hours of 7:00 a.m. and
9:00 p.m. the person may sound two (2) short
sounds of such whistle, air horn or similar noise-
making device when entering into the crossing.
Appropriate signs shall be installed on Iron Av-
enue and on Ash Street to inform motorists that
warning signals will not be sounded by train lo-
comotives at these crossings.
(Ord. No. 81-8835, ~ I, 2-2-81)
Sees. 38.119-38.130. Reserved.
ARTICLE VI. SIZE, WEIGHT AND LOAD
Sec. 38.131. Compliance required.
It shall be unlawful for any person to drive or
move or for the owner or lessee to cause or know-
Supp. No.9
ingly permit to be driven or moved on any highway
any vehicle or combination of vehicles of a size or
weight exceeding the limitations stated in Article
19 of Chapter 8 of Kansas Statutes Annotated or
otherwise in violation of this article, and the max.
imum size and weight of vehicles herein specified
shall be lawful throughout the city.
(Code 1966, ~ 22-325)
State law reference-Similar provisions, K.S.A. 8-1901(a).
Sec. 38.132. Exemptions.
The provisions of this article governing size,
weight and load shall not apply to fire apparatus,
road machinery, farm tractors or to implements of
husbandry temporarily moved upon a highway,
or to a vehicle operated under the terms of a spe-
cial permit issued as herein provided.
(Code 1966, ~ 22-326)
State law reference-Similar provisions, K.S.A. 8-1901(e).
Sec. 38.133. Width of vehicles and loads
thereon.
(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) A farm tractor or a fertilizer dispensing ma-
chine shall not be permitted to travel on any
highway which is a part of the national system of
interstate and defense highways. Whenever a farm
tractor or implement of husbandry, and any load
on any such vehicle, exceeds the width limita-
tions prescribed by this section to the extent that
the width of such vehicle, including any load
thereon, exceeds the width of that portion of a
roadway on which such vehicle is driven, which is
marked as a single lane of traffic, or, if such
roadway has not been marked for lanes of traffic,
the width of such vehicle exceeds more than one-
half the width of such roadway, the driver shall
move such vehicle as soon as possible as far to the
right-hand side of the highway as is practicable
and safe upon the approach of any oncoming or
following vehicle and upon approaching the crest
of a hill.
(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,
2231
~ 38-133
SALINA CODE
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,
excluding all rearview mirrors, turn signal lamps
and handholds equipment used in intercity transit
operations or a bus used in local urban transit
operations, shall not exceed eight (8) feet six (6)
inches.
(e) A vehicle may be loaded with cylindrically
shaped bales of hay which extend not to exceed
twelve (12) feet width-wise of the vehicle but no
. '
vehicle so loaded may be moved on any highway
designated as a part of the national system of in-
terstate and defense highway system and no ve-
hicle so loaded may be moved later than thirty
(30) minutes after sunset or before thirty (30) min-
utes before sunrise. No vehicle loaded as autho-
rized by this subsection (e) shall travel more dis-
tant than fifty (50) miles from the usual place the
vehicle is parked when not in use.
(f) A housetrailer or mobile home which ex-
ceeds the width as provided in subsection (c) may
be moved on the highways of this state upon ob-
taining a permit as provided herein, if the driver
of the vehicle pulling such housetrailer or mobile
home has a valid driver's license and if such driver
carries with him or her evidence that such
housetrailer or mobile home, and the vehicle
pulling it, are covered by motor vehicle liability
insurance with limits of not less than one hun-
dred thousand dollars ($100,000.00) for injury to
anyone (1) person, and three hundred thousand
dollars ($300,000.00) for injury to person in any
one (1) accident, and twenty-five thousand dollars
($25,000.00) for injury to property.
(Code 1966, ~ 22-327)
State law reference-Similar provisions. K.S.A. 8-1902,
8-191l(g).
Sec. 38-134. Projecting loads on passenger
vehicles.
No passenger-type vehicle shall be operated on
any highway with any load carried thereon ex-
tending beyond the left side of such vehicle nor
Supp. No.9
extending more than six (6) inches beyond the
right side thereof.
(Code 1966, ~ 22-328)
State law reference-Similar provisions, K.S.A. 8-1903.
Sec. 38-135. Height and length of vehicles
and loads.
(a) No vehicle including any load thereon shall
exceed a height of thirteen and one-half (13112) feet.
(b) No motor vehicle shall exceed a length of
forty-two and one-half (42112) feet extreme overall
dimension, inclusive of front and rear bumpers.
(c) Except as otherwise provided in subsections
(d) and (e), no combination of vehicles coupled to-
gether shall exceed a total length of sixty-five (65)
feet.
(d) The limitations in this section governing
maximum length of a truck tractor and semi-
trailer or other combinations of vehicles coupled
together shall not apply to vehicles operating in
the daytime when transporting poles, pipe, ma-
chinery or other objects of a structural nature
which cannot readily be dismembered, except that
it shall be unlawful to operate any such vehicle or
combination of vehicles which exceeds a total
length of eighty-five (85) feet unless a special
permit for such operation has been issued by the
secretary of transportation or by an agent or des-
ignee of the secretary pursuant to K.S.A. 8-1911.
For the purpose of authorizing the issuance of such
special permits at ports of entry, weight stations
or motor vehicle inspection stations. the secretary
of transportation may contract with the secretary
of revenue for such purpose, and in such event,
the secretary of revenue or any agent or designee
of the secretary of revenue may issue such special
permit pursuant to the terms and conditions of
the contract. The limitations in this section shall
not apply to vehicles transporting such objects op-
erated at nighttime by a public utility when reo
quired for emergency repair of public service fa-
cilities or properties or when operated under
special permit as provided in K.S.A. 8-1911, 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
2232
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TRAFFIC AND MOTOR VEHICLES
~ 38-136
ends of any projecting load to clearly mark the
dimensions of such load.
(e) The limitations of this section governing the
maximum length of combinations of vehicles shall
not apply to a combination of vehicles consisting
of a truck tractor towing a housetrailer, if such
housetrailer does not exceed fourteen (14) feet in
width and such combination of vehicles does not
exceed an overall length of ninety-five (95) feet.
(0 The limitations of this section governing the
maximum length of combinations of vehicles upon
roads and highways under the jurisdiction of the
secretary of transportation or local authorities
shall not apply to any vehicle operating on a route
designated by the secretary or local authority be-
tween a Kansas turnpike authority toll booth and
a motor freight truck terminal located within a
ten-mile radius of any such toll booth, under a
permit issued pursuant to K.S.A. 8-1911, and
amendments thereto, by the secretary with re-
spect to roads and highways under the secretary's
jurisdiction, or a local authority, with respect to
roads and highways under such local authority's
jurisdiction. Notwithstanding any other provision
of law to the contrary, for the purposes of this
subsection, all two-Ianed roads and highways
within the corporate limits of a city shall be
deemed to be under the jurisdiction of such city.
(Code 1966, ~ 22-329)
State law reference-Similar provisions, K.S.A. 8-1904.
Sec. 38-136. Wheel and single-axle load limits.
(a) The gross weight upon any wheel of a ve-
hicle 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 vehicle is being operated on a
highway of the interstate system or on a
highway not approved and designated by
the secretary of transportation pursuant to
paragraph (3) of this subsection, and the
wheel is equipped with a low pressure pneu-
matic tire, nine thousand (9,000) pounds;
(3) When the wheel is equipped with a low pres-
sure pneumatic tire, ten thousand (10,000)
pounds if the vehicle is operated on a
Supp. No.9
highway not included in the interstate
system and such highway has been ap-
proved and designated for such operations
by the secretary of transportation.
(b) The gross weight upon anyone 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 thou-
sand (16,000) pounds;
(2) When the vehicle is being operated on a
highway of the interstate system or on a
highway not approved and designated by
the secretary of transportation pursuant to
paragraph (3) of this subsection, and the
wheels attached to said axle are equipped
with low pressure pneumatic tires, eigh-
teen thousand (18,000) pounds;
(3) When the wheels attached to said axle are
equipped with low pressure pneumatic tires,
twenty thousand (20,000) pounds if the ve-
hicle is operated on a highway not included
in the interstate system and such highway
has been approved and designated for such
operations by the secretary of transporta-
tion.
(c) When and if the congress of the United States
returns to this state the exclusive power to deter-
mine wheel and axle load limits on the interstate
system, or when and if the congress of the United
States adopts gross weight limits on the inter-
state system commensurate with such limits pre-
scribed by this section for vehicles not being op-
erated on the interstate system, the wheel and
axle load limits prescribed by this section for ve-
hicles being operated on the interstate system
shall no longer apply and thereupon the wheel
and axle load limits prescribed by this section for
vehicles not being operated on the interstate
system shall apply to vehicles being operated on
the interstate system.
(d) 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 axle shall at
2233
~ 38-136
SALINA CODE
all times carry its proportionate part of the load
permitted on such pair of axles.
(e) For the purposes of this section, every pneu-
matic tire designed for use and used when in-
flated 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 pressure pneumatic tire.
(f) For the purposes of this section, the term
"interstate system" means the national system of
interstate and defense highways.
(Code 1966, ~ 22-332)
State law reference-Similar provisions, K.S.A. 8-1908.
Sec. 38.137. Gross weight.
No vehicle or combination of vehicles shall be
moved or operated on any street or bridge when
the gross weight thereof exceeds the limits speci-
fied in K.S.A. 8-1909.
(Code 1966, ~ 22-333)
Sec. 38.138. Enforcement of vehicle weight
laws.
(a) Any police officer or properly designated de.
partment of revenue agent or employee having
reason to believe that the gross weight of ave.
hicle or combination of vehicles or the gross weight
on any axle or tandem axles is unlawful is autho-
rized to require the driver to stop and submit to a
weighing of the same by means of either portable
or stationary scales and may require that such
vehicle be driven to any scales suitable for this
purpose within five (5) miles. When portable scales
are used for weighing for the purpose of this sec-
tion, the location of such portable scales shall be
not more than ten (10) miles from any stationary
scales whose accuracy is certified in accordance
with law.
(b) Whenever a police officer or properly desig-
nated department of revenue agent or employee
upon weighing a vehicle or combination of vehi-
cles, determines that the weight is unlawful, such
officer, agent or employee 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 or combination of vehicles or remove
Supp. No.9
or redistribute the gross weight on any axle or
tandem axles to such limit as permitted under
Article 19 of Chapter 8 of Kansas Statutes Anno-
tated. All material so unloaded shall be cared for
by the owner, lessee or operator of such vehicle at
the risk of such owner, lessee or operator.
(c) Any driver of a vehicle or combination of
vehicles who fails or refuses to stop and submit
such vehicle or combination of vehicles to weighing
as provided in this section or who fails or refuses
when directed by an officer or properly designated
department of revenue agent or employee, to
comply with the provisions of this section, shall
be guilty of a misdemeanor.
(Code 1966, ~ 22-334)
State law reference-Similar provisions, K.S.A. 8-1910.
Sec. 38-139. Through truck traffic prohibited
on certain streets.
Whenever, by resolution of the board of com-
missioners, a street is designated as a one on which
through truck traffic is prohibited, it shall be the
duty of the city manager to erect appropriate signs
giving notice thereof, and after the erection of such
signs, it shall be unlawful for any person to op-
erate a truck having a gross vehicle weight of
over sixteen thousand (16,000) pounds thereon for
any purpose other than making deliveries to pre-
mises located within the corporate limits of the
city.
(Code 1966, ~ 22-335)
Sees. 38-140-38.150. Reserved.
ARTICLE VII. NOISE
Sees. 38-151-38-153. Reserved.
Editor's note-Section 1 of Ord. No. 90-9404, adopted Aug.
20, 1990, repealed ~~ 38.151-38.153, pertaining to noise pro.
hibitions and limits and deriving from Ord. No. 81.8873, ~
1(22-124-22-126), adopted Aug. 24, 1981.
Sec. 38-154. Adequate mufflers or sound dis.
sipative devices.
(a) It shall be unlawful for any person to op-
erate, or cause to be operated, any motor vehicle
not equipped with a muffier or other sound dissi-
2234
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TRAFFIC AND MOTOR VEHICLES
pative device in good working order and in con-
stant operation.
(b) It shall be unlawful for any person to reo
move or render inoperative or cause to be re-
moved or rendered inoperative, other than for pur-
poses of maintenance, repairs or replacement, any
muffler sound dissipative device on a motor ve-
hicle.
(Ord. No. 81-8873, ~ 1(22-127), 8-24-81)
Sec. 38.155. Motor vehicle horns and sig.
naling devices.
The following acts, and causes thereof, are de.
clared to be in violation of this article:
(1) The sounding of any horn, or other audi-
tory signaling device on or in any motor
vehicle, except as a warning of danger;
(2) The sounding of any horn, or other audi-
tory signaling device which produces the
sound level in excess of eighty-five (85) dBA
at fifteen (15) meters (fifty (50) feet), except
as a warning of danger.
(Ord. No. 81-8873, ~ 1(22-128), 8-24-81)
Sec. 38.156. Standing motor vehicles.
It shall be unlawful for any person to operate
the engine providing motive power, or an auxil-
iary engine of a motor vehicle with a manufactur-
er's gross vehicle weight rating of ten thousand
(10,000) pounds or more or any auxiliary equip-
ment attached thereto for a consecutive period
longer than ten (10) minutes while such vehicle is
standing and located within one hundred fifty (150)
feet of property zoned and used for residential pur-
poses between the hours of 11:00 p.m. and 7:00
a.m. the following day, except where vehicle is
standing within a completely enclosed structure.
(Ord. No. 81-8873, ~ 1(22-129), 8-24-81)
Sec. 38.157. Exempt vehicles.
The following are exempt from the operation of
this article:
(1) Emergency vehicles designated as such by
the laws of the state, or by ordinance of this
city, and ambulances on emergency call;
Supp. No.9
~ 38-157
(2) Construction or agricultural equipment and
street maintenance equipment that are on
a job site or traveling on street or high-
ways.
(Ord. No. 81-8873, ~ 1(22-130), 8-24-81)
2235
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Chapter 39
TREES AND SHRUBS.
Art. I. In General, 111139-1-39.29
Art. II. Tree Advisory Board, 1111 39-30-39.49
Art. III. Protection of Public Trees, U 39.50-39-69
Art. IV. Duties and Abatement of Nuisances, 1111 39-70-39-89
Art. V. Street Trees, 111139-90-39.109
Art. VI. Licensing and Regulations, 111139.110-39-129
.Editor's note-Sections 1 and 2 of Ord. No. 91-9421, adopted Jan. 7, 1991, repealed Ch. 39, 1111 39-1-39.10, 39-21, 39-22,
39-31-39-36, 39-51-39-53, in its entirety and provided for a new Ch. 39 to read as herein set out. Formerly, Ch. 39 pertained to
similar subject matter and derived from the Code of 1966, U 33-3-33-10, 33-21-33-24, 33-26-33-28, 33-30, 33-41-33-43 and Ord.
No. 88.9231, Ill, adopted Jan. 25, 1988.
For purposes of classification, the editor has redesignated the provisions originally designated as Art. I into Art. II and
renumbered Arts. II-VII as Arts. I-VI.
Cross references-Trimming of trees and branches for public utilities, 1131-10; streets, sidewalks and other public places, Ch.
35; trimming of trees for moving of buildings, II 35-69.
Supp. No.9
2287
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TREES AND SHRUBS
~ 39-18
ARTICLE I. IN GENERAL
Sec. 39-1. Definitions.
[As used in this chapter, unl-ess the context
clearly indicates otherwise, the following words
and phrases shall have the meanings ascribed to
them in this section:]
Owner or agent shall refer to the owners of
record, installment purchasers, lessees, occupants
or their representatives.
Private tree shall mean any tree or shrub lo-
cated on private property.
Public tree shall mean any tree or shrub located
on a public street, parkway, avenue, alley, right-
of-way, or other public property. The term "public
tree" includes "street trees."
Public way shall mean any public street,
parkway, avenue, alley, right-of-way, or sidewalk.
Street tree shall mean any tree or shrub lying
between property lines on either side of all streets,
alleys, avenues or rights-of-way within the city.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Cross reference-Definitions and rules of construction, gen-
erally, ~ 1-2.
Sees. 39.2-39-5. Reserved.
Sec. 39.6. Tree sizes.
(a) Large trees are designated as those attaining
at maturity a height of forty-five (45) feet or more.
(b) Medium trees are designated as those at-
taining a height of thirty (30) to forty-five (45)
feet.
(c) Small trees are designated as those attaining
a height of less than thirty (30) feet.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sees. 39-7-39-14. Reserved.
Sec. 39-15. Authority to regulate.
The board of commissioners is hereby autho.
rized to regulate the planting, maintenance, treat-
ment and removal of trees and shrubbery in the
Supp. No.9
city as they relate to matters of health, safety and
the enjoyment of property.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39-16. City forester, appointment, au.
thority.
A city forester or other city personnel shall be
designated by the city manager to administer the
provisions of this chapter. The city f9rester shall
have the authority to:
(1) Regulate, administer, and supervise
planting, maintenance, protection,
spraying, fertilizing, treating, pruning,
trimming and removal of public trees and
private trees where they endanger other pri-
vate trees or public trees, or when they en-
danger the public safety or hinder the use
of public property; and
(2) Enter upon public and private property to
perform inspections or carry out his au-
thority.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.17. Rights of property owners over
street trees.
The owners of property abutting on streets, al-
leys, avenues and boulevards shall have such in-
terest in the growing street trees in front, to the
rear, or to the side of such real estate as to enable
the owners in case of injury to or destruction of
such street trees to recover damages from the
person causing the injury or destruction. Such
abutting property owners shall have the right of
action in any court of competent jurisdiction to
enjoin injury to or destruction of such street trees,
except that no recovery or injunction shall be had
against the city or franchised utility companies in
the making of public improvements or in any other
reasonable exercise of its authority over streets,
alleys, avenues, boulevards or rights-of.way over
the street trees located thereon.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.18. Right of city to maintain trees not
affected.
Nothing in this chapter shall be deemed to im-
pair the right of the city to trim, protect or other-
2289
~ 39-18
wise care for public trees and the city forester is
hereby authorized and directed, whenever it.may
be necessary, to perform or cause to be performed
any such work.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.19. Powers of city in case of general
infection.
When it appears there is likely to be a general
infection or infestation of trees or shrubs within
the city by tree or plant disease or insect pest or
larvae potentially resulting in damage to or death
of many trees or shrubs, the board of commis-
sioners may provide such preventative measures
or treatments as may be necessa.ry and may pay
the cost from the general fund or other designated
fund.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.20. Rules and regulations.
The city forester with the consent of the tree
advisory board may establish additional rules and
regulations consistent with the provisions of this
chapter pertaining to:
(1) The planting, removal and care of trees and
shrubs.
(2) Those aspects of the conduct of the business
of licensees under this chapter directly af-
fecting public health and safety.
No fewer than three (3) copies of the current
rules and regulations shall be retained on me with
the city clerk for inspection by the public during
regular office hours. It shall be unlawful for any
person to violate the rules and regulations.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.21. Violation and penalty.
Any person, firm or corporation violating any of
the provisions of this chapter shall be deemed
guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more
than five hundred dollars ($500.00) or by impris-
onment for thirty (30) days or by both such fine
and imprisonment and be responsible for dam.
ages. Each and every day's violation of any of the
Supp. No.9
SALINA CODE
provisions of this chapter shall constitute a sepa-
rate offense.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Secs. 39.22-39.29. Reserved.
ARTICLE II. TREE ADVISORY BOARD
Sec. 39-30. Created.
There is hereby created the Salina Tree Advi-
sory Board (hereinafter referred to as "the board").
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39-31. Purpose.
The purpose of the board shall be:
(1) To recommend policy on all matters con-
cerning trees on public property to the parks
and recreation advisory board.
(2) To advise the city staff on treescape
planting and other nonpolicy matters.
(3) To promote tree plantings, preservation and
proper tree care to the citizens of the city.
(4) To hear appeals from licensing decisions by
the city forester.
(Ord. No. 91.9421, ~ 1, 1-7-91)
Sec. 39-32. Membership.
The board shall consist of seven (7) members
recommended by the parks and recreation advi-
sory board and appointed by the mayor with the
consent of the governing body.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39-33. Appointment and term.
Those persons first appointed as members of the
board shall be appointed for the following terms:
(1) One (1) member for a term of two (2) years.
(2) Two (2) members for terms of three (3) years.
(3) Two (2) members for terms of four (4) years.
(4) Two (2) members for terms of five (5) years.
Upon expiration of the term of each board member,
subsequent terms shall be for a period of four (4)
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TREES AND SHRUBS
~ 39-69
years. Any vacancy occurring among the member-
ship of the board shall be filled by appointment of
the mayor with the consent of the governing body.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.34. Compensation.
The members of the board shall serve without
compensation.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.35. Officers.
The board shall elect from its membership a
board chair and vice-chair for terms of one (1) year.
The board chair shall preside at all meetings of
the board. The vice-chair shall act as chair at meet-
ings of the board in the absence of the board chair.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39-36. Quorum.
Four (4) members ofthe board shall constitute a
quorum for the purpose of conducting the board's
business.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sees. 39.37-39.49. Reserved.
ARTICLE III. PROTECTION OF PUBLIC
TREES
Sec. 39.50. Damaging public trees while
moving buildings or equipment.
Any person while moving any building or equip-
ment shall use the highest degree of care to be
taken to prevent injury to public trees and shall
be liable for any unnecessary damage to public
trees done while moving any building. Such
damage shall be immediately reported to the city
manager, and it shall be the duty of the city for-
ester to examine, estimate and determine such
damage.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39-51. Attachment of wires prohibited.
It shall be unlawful for any electric power or
telephone or telegraph company, or for any other
person or corporation, to attach or anchor any
Supp. No.9
wires to any public tree in the city or to continue
to maintain any wires previously attached or an-
chored to any public tree.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.52. Damage to public trees prohib.
ited.
No person shall intentionally damage a public
tree by cutting or carving any tree, attaching any
rope, wire, nails, advertising poster, or other con-
trivance to any tree, or allowing any fire, gaseous
liquid, solid substance which is harmful to such
trees to come in contact with it. No person shall
excavate any ditches, tunnels, trenches, or lay any
device within a radius of ten (10) feet from any
public tree without first notifying the city for-
ester. In cases of emergencies, utility companies
and departments do not have to notify the city
forester prior to the work; however, the city for-
ester should be notified as soon as possible. No
person shall deposit, place, store or maintain upon
any public right-of-way any stone, brick, sand, con-
crete, or other materials which may impede the
free passage of water, air, and fertilizer to the
roots of any public tree growing therein.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39-53. Tree topping.
It shall be unlawful for any person, to top any
public tree. Topping is defined as the severe cut-
ting back of limbs to stubs larger than three (3)
inches in diameter in the tree's crown to such a
degree so as to remove the normal canopy and
disfigure the tree. Trees severely damaged by
storms or other causes, or certain trees under
utility wires or other obstructions where other
pruning practices are impractical, may be ex-
empted from this provision at the determination
of the city forester. Firms doing normal tree trim-
ming for line clearance shall make a reasonable
effort to notify the landowner seven (7) days prior
to the tree trimming.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sees. 39-54-39-69. Reserved.
2291
~ 39-70
SALINA CODE
ARTICLE IV. DUTIES AND ABATEMENT
OF NUISANCES.
Sec. 39.70. Duty to trim trees on or near
public ways.
It shall be the duty of the owner or agent of real
estate in the city abutting upon an public way to
keep all private trees located on and all street
trees adjacent to such real estate properly trimmed
in a manner that they will not interfere with
public travel upon the public way. Such trimming
shall be done properly and scientifically by a
person familiar with the proper manner of doing
such work. Any part of a street tree or private
tree projecting over a street or alley that:
(1) Hangs or protrudes less than twelve (12)
feet above street level;
(2) Interferes with the visibility of any traffic
control device or sign;
(3) Obstructs the light from any street lamp;
or
(4) Violates the city's clear sight ordinance
is hereby declared to be hazardous and to inter-
fere with the use of the street or alley. Any part of
the tree projecting over a sidewalk less than eight
(8) feet above sidewalk level is hereby declared to
be hazardous and to interfere with the use of the
sidewalk.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39-71. Duty to remove dead trees, limbs
and shrubs.
It shall be the duty of the owner or agent of real
estate in the city abutting upon a public way to
remove:
(1) All dead street trees and any dead limbs or
branches on growing street trees adjacent
to such real estate; and
(2) All dead private trees and any dead limbs
or branches on growing private trees which
overhang or are sufficiently near the public
way as to become dangerous to the trav-
eling public.
(Ord. No. 91-9421, ~ 1, 1-7-91)
.Cross reference-Nuisances generally, Ch. 24.
Supp. No.9
Sec. 39.72. Duty to maintain trees and shrubs
free from disease and insects.
It shall be the duty of the owner or agent of real
estate in the city to maintain any adjacent street
tree or private tree free from plant disease or in-
sect or larvae infestation, the presence of which
will likely lead to the destruction of the tree or
shrub or other trees or shrubs in the community.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.73. Violations declared a nuisance.
The condition resulting from the failure of the
owner or agent of real estate in the city to uphold
anyone (1) or more of the duties outlined in this
article is found to present a danger to public health
and safety and is hereby declared a nuisance.
(Ord. No. 91.9421, ~ 1, 1-7-91)
Sec. 39.74. Preliminary notice.
When the city forester determines that a nui-
sance exists under this article, the city forester
shall give written notice of the condition creating
the nuisance to the owner or agent of the real
estate upon which the public nuisance exists and
shall at the same time advise the owner or agent
of a reasonable period of time in which the nui-
sance must be abated. In determining a reason-
able period of time for abatement by the owner or
agent, the city forester shall take into consider-
ation any and all relevant factors such as the ef-
fect of weather conditions at the time, the degree
of health or safety hazard presented, and the na-
ture and cost of the project necessary to abate the
nuisance.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.75. Abatement procedure.
If the owner or agent of the real estate upon
which the public nuisance exists fails to abate the
nuisance within the time permitted in the prelim-
inary notice, the city may initiate the procedures
for abatement of nuisances set forth in chapter
24, Nuisances, as they now exist or may be
amended.
(Ord. No. 91-9421, ~ 1, 1-7-91)
2292
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TREES AND SHRUBS
~ 39-111
Sec. 39.76. Emergency abatement.
Whenever the city forester detennines that an
emergency exists which requires immediate abate-
ment of a nuisance to protect the public health,
safety or welfare, an order may be issued directing
the owner or agent of the real estate to take ap-
propriate action to immediately abate the nui-
sance causing the emergency. If the owner or agent
does not take immediate action to abate the emer;
gency or is not immediately available, the city
forester may act to abate the emergency with any
costs incurred to be assessed and collected in the
manner provided under chapter 24, Nuisances.
(Ord. No. 91-9421, ~ I, 1-7-91)
Sees. 39.77-39-89. Reserved.
ARTICLE V. STREET'TREES
Sec. 39-90. Street tree planting procedure.
The planting of any street tree shall be per-
formed in strict accordance with the following re-
quirements:
(1) No street tree shall be placed so as tQ cause
a traffic hazard or in violation of the city's
clear sight ordinance.
(2) No street tree shall be planted within a dis-
tance often (10) feet from any fire hydrant.
(3) It is recommended that only small trees be
planted under overhead wires.
Whenever any tree shall be planted or set out
in conflict with the provisions of this section, it
shall be lawful for the city forester to remove or
cause removal of the tree and the exact cost re-
sulting shall be assessed to the owner as provided
by law in the case of special assessments.
(Ord. No. 91-9421, ~ I, 1-7-91)
Sec. 39-91. Notification offorester prior to re-
moval.
I t shall be unlawful to remove any live street
tree from public right-of-way without notifying the
city forester in advance.
(Ord. No. 91-9421, ~ I, 1-7-91)
Supp, No, 10
Sec. 39.92. Tree species.
The tree advisory board shall compile an an-
nual recommended street tree list.
(Ord. No. 91-9421, ~ I, 1-7-91)
Sees. 39.93-39.109. Reserved.
ARTICLE VI. LICENSING AND
REGULATIONS
Sec. 39-110. When license required; applica-
tion.
No person shall engage in the business of cut-
ting, pruning, removing, spraying or otherwise
treating trees within the city, without first pro-
curing an annual license from the city clerk of the
city. The application for a license shall specify the
types of service for which the applicant desires to
be licensed. Nothing contained in this article shall
be construed to prevent owners or occupants from
performing work on their own property.
(Ord. No. 91-9421, ~ I, 1-7-91)
Sec. 39.111. Examination of applicant's qual-
ifications, etc.
Before any such license shall be issued or re-
newed, the application shall be submitted by the
city clerk to the city forester who shall examine
the applicant's qualifications and competency to
be licensed to engage in the types of service for
which the applicant has applied. A current certi-
fication from the Kansas Arborist Association or
equivalent certification may be used in lieu of a
written examination. The applicant shall demon-
strate such actual practical ability and compe-
tence or furnish such evidence of previous satis.
factory experience or state certification as the city
forester deems proper. The city forester shall re-
turn the application to the city clerk with an en-
dorsement of approval for the type of service in
which the applicant has been found qualified, or ,
an endorsement of disapproval accompanied by a
written explanation for all other applied-for types
of service. The city clerk shall issue or refuse to
issue license in accordance with the endorsement
of the city forester. Notice of the city clerk's re-
2293
~ 39-111
fusal to issue a license shall be mailed to the ap-
plicant at the mailing address shown on the ap-
plication.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.112. Appeal.
Any decision of the city forester relating to the
granting or revocation of a license may be ap-
pealed to the tree advisory board. The appeal may
be made by delivering written notice of appeal to
the city clerk within fourteen (14) days of the
mailing of the notice of the city clerk's refusal to
issue the license or notice of revocation. The tree
advisory board shall hear the appeal no less than
ten (10) days after the filing of appeal, unless the
hearing is continued at the request of the appli-
cant. After hearing the appeal, the tree advisory
board may:
(1) Uphold the refusal to issue or the revoca-
tion of the license.
(2) Recommend to the city manager that the
city clerk be directed to issue the license or
that the revocation be rescinded.
(3) Refer the matter to the city forester for fur-
ther consideration with or without specific
instruction. .
(Ord. No. 91-9421, ~ 1, 1.7-91)
Sec. 39.113. Bond required.
Each person who makes application for a li-
cense or renewal under this article shall furnish
an acceptable surety bond and certificate of lia-
bility insurance covering the work in which they
are engaged and upon the terms and conditions
set out in this section. The bond shall be executed
by the applicant as principal and by a solvent
corporation authorized to do business within the
state as surety in the sum of five thousand dollars
($5,000.00), The bond shall be to the city for the
use and benefit of such persons as may suffer by
breach thereof, and shall be conditioned upon com-
pliance by the principal, his agents, servants and
employees within the provisions of this article.
The certificate of insurance shall show that the
applicant is covered by an effective public lia-
bility insurance policy issued by a solvent corpo-
ration authorized to do business within the state
Supp. No. 10
SALINA CODE
and shall be issued with limits of not less than the
maximum liability for claims which could be as-
serted against the city, for any number of claims
arising out of a single occurrence or accident under
the Kansas Tort Claims Act, as amended. Such
bond and insurance policy shall not be cancelled
or terminated until at least twenty (20) days after
a notice of cancellation of the bond or insurance
policy is received by the city clerk.
(Ord. No. 91-9421, ~ 1, 1-7-91; Ord. No:91-9479, ~
1, 11-25.91)
Sec. 39.114. License fee.
The city clerk shall collect the license fees under
this article as prescribed in section 2-2.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Sec. 39.115. Identification on vehicles and
equipment or at job site.
All vehicles and trailers operated by a licensee
for the transportation of equipment, and all self-
propelled, draw or tow equipment used by a lic.
ensee in the business shall have the name, city,
state, and telephone number on both sides of the
vehicle, trailer or equipment in plain and legible
figures and letters. However, in the case of towed
trailers or equipment properly marked, the towing
vehicle is not required to be marked with licensee
identification.
As an alternative to vehicle and equipment iden-
tification, a licensee may place at each job site, a
sign, not to exceed five (5) square feet, providing
the name, city, state and telephone number of the
licensee. Ajob site sign shall be located so as to be
readable from the nearest public street, but shall
not be placed in the public right-of-way.
Violation of this section shall be sufficient
grounds for revocation of the licensee's license.
(Ord. No. 91-9421, ~ 1, 1-7.91; Ord. No. 93.9598, ~
1, 9-217-93)
Sec. 39.116. License revocation.
(a) The city forester may at any time revoke a
license under the following circumstances:
(1) The licensee doing business as a pest con-
trol operator under the laws of the state
has had his state license revoked; provided
2294
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TREES AND SHRUBS
fi 39-129
the license, where applicable, shall be re-
voked only as to the treating of trees and
shrubs.
(2) The licensee shall fail to furnish an accept-
able surety bond or any acceptable written
certificate of public liability insurance
within twenty (20) days from the date no-
tice is received from the city, that the surety
bond or insurance policy previously fur-
nished by the licensee is to be cancelled or
terminated.
(3) The licensee or any employee, solicitor,
agent, or representative of the licensee has
made any material misrepresentations for
the purpose of defrauding any member of
the public.
(4) The licensee or any employee, solicitor,
agent, or representative of the licensee has
used any method or material which is not
suitable for the purpose for which it is em-
ployed or provided, or has used any method
or material without respect to public health,
safety and welfare in the treating of trees
and shrubs.
(5) The licensee has failed to display the name
and address of the licensee on all vehicles
and equipment used by the licensee in the
business in the manner required under this
article.
(b) Revocation of a license shall be effected by
giving notice in writing posted not less than fif-
teen (15) days prior to the date set for revocation
of the license and mailing the notice to the lic-
ensee at the address shown on the license appli-
cation.
(Ord. No. 91-9421, ~ 1, 1-7-91)
Secs. 39-117-39-129. Reserved.
Supp. No. 10
[The next page is 2339]
2295
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Chapter 40
VEmCLES FOR HIRE.
Art.
I. Taxicabs, fA 40.1-40-39
Div. 1. Generally, U 40-1-40-10
Div. 2. Business License, ~~ 40-11-40-30
Div. 3. Driver's License, ~~ 40-31-40-39
*Editor's note--Ord. No. 94-9637, ~ 2, adopted June 20, 1994, repealed Ch. 40, *~ 40-1, 40-2, 40-46-40-96, 40-106-40-117,
pertained to similar subject matter as derived from the code of 1966, *~ 34-1, 34-5, 34-39-34-41, 34-43-34-82, 34-87-34-94,
34-96,34-98,34-99,34-101-34-104; Ord. No. 87-9182, !\ 1, adopted May 4. 1987; and Ord. No. 91-9451, ~ I, adopted June 24, 1991.
Section 1 ofOrd. No. 94-9637 contained provisions enacting a new Ch. 40, *!\ 40-1-40-4, 40-11-40-21, and 40-31-40-39 to read
as herein set out.
Cross references-Streets, sidewalks and other public places, Ch. 35; traffic and motor vehicles, Ch. 38.
Supp. No. 11
2339
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VEHICLES FOR HIRE
~ 40-12
ARTICLE I. TAXICABS
DIVISION 1. GENERALLY
Sec. 40-1. Definitions.
Whenever used in this article, the following
terms shall be defined as follows:
Taxicab shall mean any motor vehicle used to
carry passengers for hire to a location in the city
for which public patronage is solicited, but shall
not include a vehicle:
(1) Used exclusively for carrying passengers
over fixed routes;
(2) Owned by a licensed mortician while used
in conjunction with a funeral service; or
(3) The operation of which is fmanced in whole
or in part by federal grant funding.
Taximeter shall mean a mechanical device used
to measure the time and/or distance driven in the
use of a taxicab and to calculate the resulting
charge.
Taxicab company shall mean any person, part-
nership, corporation, or association licensed by
the city to operate one or more taxicabs.
(Ord. No. 94-9637, ~ 1,6-20-94)
Cross reference-Definitions and rules of construction
generally, * 1-2.
Sec. 40-2. Charges.
Each licensed taxicab company shall keep on
file with the city clerk a schedule of its maximum
charges. All charges shall be conspicuously posted
in each taxicab, unless the charges have been
determined by written contract between the owner
and the passenger. Any charges based upon a
combination of time and distance shall be:
(1) Measured by a fully operating and accu-
rately calibrated taximeter; and
(2) Upon the request of a passenger, docu-
mented by a receipt showing the distance
traveled and the resulting charge.
Any charge made to a passenger at a rate
greater than the maximum rate on file with the
Supp. No. 11
city clerk shall be a separate violation. It shall be
unlawful for any person to refuse to pay the legal
charges for a taxicab.
(Ord. No. 94-9637, ~ 1, 6-20-94)
Sec. 40-3. Passengers.
No intermediate pick-ups shall be made with-
out the consent of the passengers then in the
taxicab. It shall be unlawful for the driver of any
taxicab to carry more passengers than for whom
safely operating seat belts are provided.
(Ord. No. 94-9637, ~ 1,6-20-94)
Sec. 40-4. Items left in taxicab.
Any item of personal property left in a taxicab
shall be promptly delivered to the police depart-
ment, unless the item can be sooner delivered to
its owner.
(Ord. No. 94-9637, ~ 1, 6-20-94)
Sees. 40-5-40-10. Reserved.
DIVISION 2. BUSINESS LICENSE.
Sec. 40-11. Required.
It shall be unlawful for any person, corporation,
partnership, limited liability company, or associ-
ation to operate a taxicab without an annual
taxicab company license issued by the city.
(Ord. No. 94-9637, ~ 1,6-20-94)
Sec. 40-12. Application.
Any applicant desiring to secure a license for
the operation of a taxicab company shall file with
the city clerk written application forms provided
by the city clerk. The application shall include a
listing of the vehicles to be operated by the
taxicab company and shall be accompanied by a
copy of the title certificate for each vehicle.
(Ord. No. 94-9637, ~ 1,6-20-94)
.Cross reference-Licenses generally, Ch. 20.
2341
~ 40-13
SALINA CODE
Sec. 40-13. License lee.
The annual license fee, payable in advance, for
the taxicab company license shall be established
pursuant to section 2-2 and shall include a base
fee, plus a fee for each taxicab operated.
(Ord. No. 94-9637, ~ 1,6-20-94)
Sec. 40-14. Vehicles and inspections.
It shall be unlawful to operate a taxicab unless
it is in good physical and mechanical condition. In
the interest of public safety, any applicant shall
be deemed to have consented to reasonable inspec-
tions of its taxicabs at the city's discretion and
expense, and the city reserves the right to make
such inspections, to assure that each taxicab is
equipped with safely operating seat belts, brakes,
lights, tires, horn, muffier, rearview mirror, wind-
shield wipers, taximeter (when applicable) and
knobs or handles upon the inside of all doors by
which each door can be easily opened.
(Ord. No. 94-9637, ~ 1,6-20-94)
Sec. 40-15. Annual inspection.
In addition to the city's general right to inspect
all taxicabs at its discretion, the taxicab company
shall submit its taxicabs for inspection by the city
upon application for an initial or renewal taxicab
company license. Any taxicab that has been in-
spected by the city within ninety (90) days prior to
the scheduled annual inspection need not be
reinspected.
(Ord. No. 94-9637, ~ 1,6-20-94)
Sec. 40-16. Insurance required.
It shall be unlawful for a taxicab company to
operate a taxicab without the insurance coverage
required in this section. No taxicab company
license shall be granted until the applicant shall
deposit and maintain with the city clerk a policy
of automobile liability insurance issued to the
taxicab company in a form approved by the city
and issued by an insurance company admitted by
the Office of the Kansas Commissioner of Insur-
ance to issue this line of insurance. The policy
shall specifically identify the covered vehicles and
shall include limits of liability of no less than
those required by Kansas law for any policy of
motor vehicle liability insurance issued by an
Supp. No. 11
insurer to &Downer residing in this state. The
policy shall include recitals to the effect that tile
policy:
(1) Is issued in accordance with and under the
requirements of this article;
(2) Is issued for the benefit of and for the
purpose of protecting the public, including
passengers of a taxicab, against injuries or
damages resulting from the negligent oper-
ation of the taxicab;
(3) Shall remain in effect until cancelled as
provided below, regardless of any state-
ments, declarations, misrepresentations,
acts or omissions of the assured or of any
agent, employee, or representative of the
assured, whether in the application for the
policy or in the schedule of statements or
declarations contained or referred to in the
policy, or made, committed, or omitted be-
fore or after the occurrence of any injury or
damages caused by the operation of such
vehicle; and
(4) Shall provide that no cancellation of the
policy or any endorsement thereon shall be
effective until the expiration of ten (10)
days after notice of such cancellation shall
have been delivered to the city clerk.
Any policy issued by any insurance company
with knowledge that a covered vehicle is to be
used as a taxicab in the city shall be deemed to
include the provisions of this article, whether
such provisions are specifically recited therein or
not.
(Ord. No. 94-9637, ~ 1, 6-20-94)
Sec. 40-17. Issuance.
If the applicant meets all of the requirements of
this article, the city clerk shall issue to the
applicant a taxicab company license which, un-
less revoked or suspended, shall remain in effect
until the following December 31. Subsequent re-
newals of the license shall be based upon the
calendar year.
(Ord. No. 94-9637, ~ 1,6-20-94)
Sec. 40-18. Identification number and certif-
icate.
Upon the issuance of a taxicab company license,
the city clerk will assign an identification number
2342
VEHICLES FOR HIRE
~ 40-33
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.
to each taxicab to be operated by the taxicab
company and shall provide a certificate indicating
that the taxicab is operated by a licensed taxicab
company in compliance with this chapter. The
identification number must be displayed with
letters no less than three (3) inches in height,
either on the vehicle itself or upon a front license
plate. The exterior identification number display
requirement may be waived by the city clerk in
the case of a limousine type vehicle not advertised
for regular taxicab transportation. The certificate
must be displayed in the taxicab in a manner that
it will be visible to any passengers, unless the
charges for service have been determined by writ-
ten contract between the owner and the passen-
ger in which case a copy of the certificate may
instead be attached to the contract.
(Ord. No. 94-9637, ~ 1,6-20-94)
e
Sec. 40-19. Taxicabs placed in service dur-
ing license year.
Whenever a taxicab company license holder
wishes to place a taxicab in service during the
license year, either in addition to or in place of
existing taxicabs, the licensee shall:
(1) Notify the city clerk and shall pay the
license fee applicable to each taxicab;
(2) Submit the vehicle for inspection by the
city; and
(3) Provide proof of the required insurance.
When all of the requirements of this article are
met in relation to the proposed taxicab, the city
clerk will certify the taxicab in accordance with
section 40-18.
COrd. No. 94-9637, ~ 1,6-20-94)
.
Sec. 40-20. Nontransferable.
A taxicab company license, taxicab identifica-
tion number, and a taxicab certificate issued
pursuant to sections 40-11 and 40-18 shall all be
nontransferable.
COrd. No. 94-9637, ~ 1,6-20-94)
e
Sec. 40-21. Revocation or suspension.
(a) If a taxicab company operates Or permits
the operation of a taxicab in violation of this
article, the city manager may suspend its taxicab
Supp. No. 11
company license for a period of up to ten (10) days.
The suspension may be appealed to the board of
city commissioners by filing a notice of appeal
with the city clerk, which appeal shall be heard by
the board of city commissioners at its next regu-
larly scheduled meeting.
(b) In the event of a second violation within a
licensing year, in addition to the suspension pro-
vided for in subsection (a), the city manager may
recommend to the board of city commissioners
that the taxicab company license be revoked. The
city manager's recommendation will be heard by
the board of city commissioners at its earliest
regularly scheduled meeting which will allow for
five (5) days' written notice of the hearing to the
taxicab company.
(Ord. No. 94-9637, ~ 1,6-20-94)
Secs. 40-22-40-30. Reserved.
DIVISION 3. DRIVER'S LICENSE.
Sec. 40-31. License required.
It shall be unlawful for any person to act as a
driver of a taxicab without having first secured a
license to be issued by the city clerk as provided in
this article.
(Ord. No. 94-9637, ~ 1, 6-20-94)
Sec. 40-32. Application.
A taxicab driver's license shall be applied for in
writing on such forms as the city clerk may
prescribe. Such application shall include the in-
formation necessary to clearly identify the appli-
cant and provide a basis for determining whether
the applicant's character or habits makes the
applicant unfit to transport the public.
COrd. No. 94-9637, ~ 1, 6-20-94)
Sec. 40.33. License fee.
Each application for a license under this divi-
sion shall be accompanied by the payment of a
license fee established pursuant to section 2-2.
COrd. No. 94-9637, ~ 1, 6-20-94)
.Cross reference--Licenses generally, Ch. 20.
2343
~ 40-34
SALINA CODE
Sec. 40-34. Kansas driver's license.
In order to apply for and maintain a taxicab
driver's license an applicant must have and main-
tain a valid Kansas driver's license.
(Ord. No. 94-9637, ~ 1, 6-20-94)
Sec. 40-35. Investigation, report on crimi-
nal record of applicant.
Before a taxicab driver's 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 municipal
court and the district court of the county, and any
other courts in which the chief of police may have
reason to believe the applicant has a record, and
shall report to the city manager all information
secured from such investigation relative to the
applicant's record.
(Ord. No. 94-9637, ~ 1, 6-20-94)
Sec. 40-36. Approval of application; issu-
ance; appeal of denial.
(a) The city manager shall consider the appli-
cation for a taxicab driver's license, the report and
recommendation of the chief of police, and any
other information which may come to him con-
cerning the applicant. If the city manager is
satisfied that the applicant is a fit person to
transport the public, the city manager may ap-
prove the application and direct the city clerk to
issue the applicant a license, which, unless re-
voked or suspended, shall remain in effect until
the following December 31. Subsequent renewals
of the license shall be based upon the calendar
year.
(b) Any denial of an application by the city
manager may be appealed to the board of commis-
sioners by filing a notice of appeal with the city
clerk, which appeal shall be heard by the board of
commissioners at their next regularly scheduled
meeting. Any denial of an application by the
board of commissioners shall be subject to appeal
pursuant to then applicable state law.
(Ord. No. 94-9637, ~ 1,6-20-94)
Sec. 40-37. Identification badge required.
At the time the taxicab driver's license applica-
tion is approved, a driver's license identification
Supp. No. 11
badge will be issued. The badge shall be in a form
prescribed by the city clerk and shall show the
taxicab driver's license number, badge number,
and the expiration date of the license. While on
duty, the taxicab driver shall display the identifi-
cation badge in a manner that it will be visible to
any passengers. Only the identification badge of
the driver on duty shall be displayed in a taxicab.
(Ord. No. 94-9637, ~ 1,6-20-94)
Sec. 40-38. Renewal.
In order to be considered for renewal of a
taxicab driver's license for a subsequent calendar
year without lapse, the license holder must file an
application and pay the applicable fee prior to
December 20 of the current license year. Consid-
eration of the renewal application shall be in the
same manner and based upon the same criteria as
the initial application for a taxicab driver's li-
cense.
(Ord. No. 94-9637, ~ 1, 6-20-94)
Sec. 40-39. Revocation or suspension.
(a) A taxicab driver's license may be revoked or
suspended by the city manager for any of the
following reasons:
(1) Upon conviction of violation of any federal
or state law;
(2) For operating any vehicle while under in-
fluence of drugs or alcohol;
(3) For reckless driving;
(4) For transporting open container;
(5) For leaving the scene of an accident;
(6) For failure to make full report of an acci-
dent to the police department;
(7) For permitting another person to use his
license;
(8) For obliterating any official entry on his
license identification badge;
(9) Upon conviction of a third major traffic
violation during anyone (1) license year. A
major traffic violation is hereby defined to
include:
a. Speeding;
b. Nonobservance of lights or signs;
2344
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VEHICLES FOR HIRE
~ 40-39
.
c. Improper brakes;
d. Making a left or U-turn where not
permitted;
e. Driving on the wrong side ofthe street.
(10) For violation of or failure to comply with
any of the provisions of this article.
(b) Upon conviction of any item (1) through (8)
listed above, or upon entering into any diversion
agreement, the taxicab license holder must imme-
diately notify the city clerk of such conviction or
diversion.
(c) A revocation or suspension of taxicab driver's
license may be appealed to the board of commis-
sioners by the licensee filing a notice of appeal
with the city clerk, which appeal shall be heard by
the board of commissioners at their next regularly
scheduled meeting.
(d) Upon a revocation, the taxicab license holder
shall deliver the driver's license identification
badge to the city clerk and shall be ineligible to
apply for relicensing for two (2) years from the
effective date of the revocation. Upon a suspen-
sion, the taxicab license holder shall deliver the
driver's license identification badge to the city
clerk for the duration of the suspension.
(Ord. No. 94-9637, ~ 1, 6-20-94)
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IThe next page is 24031
Supp. No. 11
2345
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Art.
Art.
Art.
Art.
Art.
Art.
Art. VII.
Art. VIll.
Art. IX.
Chapter 41
WATER AND SEWERS.
I. In General, fO 41-1-41-19
n. Water, U 41-20-41-89
Div. 1. Generally, ii 41-20-41-50
Div. 2. Air Conditioning Systems, ~i 41-51-41-59
Div. 3. Water Conservation, H 41-60--41-69
Div. 4. Cross Connections, U 41-70-41-70.9
Sewers. U 41-71-41-85
Rates and Charges, U 41-86-41-109
Use of PubUc and Private Sewers and DrahUl, U 41-110-41.124
ln8ta11ation and Connection of Building Sewers and Drains, U
41-125-41-144
Di8charge Criteria. U 41-145-41.170
Penalties and Violations, U 41-171-41-180
Industrial Pretreatment. U 41-181-41-222
m.
IV.
V.
VI.
.Cross references-Buildings and structural appurtenances, Ch. 8; plumbing code, ~ 8-176 et seq.; health and sanitation, Ch.
17; housing, Ch. 18; mobile homes and trailers, Ch. 22; nuisances generally, Ch. 24; planning, Ch. 29; public utilities, Ch. 31; solid
waste, Ch. 34; streets, sidewalks and other public places, Ch. 35; subdivision regulations, Ch. 36; sewer and water facilities
regulated by zoning ordinance, !} 42-62; special fund for paying utility costs, App. A, Charter Ord. No. 17; franchises, App. B.
Supp. No. 10
2403
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WATER AND SEWERS
~ 41-6
ARTICLE I. IN GENERAL
.
Sec. 41-1. Systems combined.
e
It is hereby declared, found and determined to
be necessary for the public health, safety, welfare
and benefit of the city, and its inhabitants that
the waterworks system and the sewage disposal
system of the city as defined and referred to in
KS.A. 12-856 to 12-868, including all improve-
ments and extensions thereto, be combined, and it
is hereby declared that thenceforth from and after
August first, 1961, the waterworks system and
the sewage disposal system of the city, as defined
and referred to in KS.A. 12-856 to 12-868, includ-
ing all future improvements and extensions thereto,
whether to the waterworks system or to the
sewage disposal system, shall be and the same
are combined and shall be known as the water
and sewerage system of the city. Such water and
sewerage system shall be operated and financed
as provided in KS.A. 12-856 to 12-868.
(Code 1966, ~ 35-1)
Sec. 41-2. Deposit, use of revenues.
All revenues derived from the sale and con-
sumption of water and from the management and
operation of the water and sewerage department,
shall be deposited daily in the city treasury to the
credit of the department and shall be kept in a
separate fund to be known as the water and
sewerage department fund. Such revenues shall
be used only for the purposes authorized by law.
(Code 1966, ~ 35-3)
Sec. 41-3. Cost records required.
.
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 distrib-
uting water and providing sewer service and
repairing and maintaining the water and sewer
systems and equipment, and such other items as
shall be necessary for the intelligent management
of the water and sewerage department.
(Code 1966, ~ 35-4)
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Supp. No. 13
Sec. 41-4. Petty cash fund.
(a) There is hereby established a petty cash
fund for the use of the water and sewerage
department for the purpose of paying postage,
freight, temporary labor, and other emergency
expenses, including refund of deposits made to
secure payment of accounts. The sum of money
authorized for the petty cash fund shall be estab-
lished from time to time by resolution.
(b) The petty cash fund shall be deposited in
the designated city depository bank as a separate
account and shall be paid out on the order of the
cashier of the water and sewerage department by
checks which shall state clearly the purpose for
which issued.
(c) The payees of all checks drawn on petty
cash funds shall certify thereon over their signa-
tures 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.
(d) 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 vouch-
ers together with the paid checks to the city clerk
for audit, and allowances 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.
(Code 1966, ~ 35-8; Ord. No. 91-9429, ~ 1,3-18-91)
State law reference-Authority to create petty cash
fund, K.S.A. 12-825a.
Sec. 41-5. Reserved.
Sec. 41-6. Regulations declared contractual;
discontinuing service for viola-
tors.
The rates, rules and regulations herein estab-
lished shall be considered a part of the contract
with every person supplied with water or waste-
water service by the city, either within or without
the corporate limits of the city. Such person, by
applying for and accepting water or wastewater
2405
~ 41-6
SALINA CODE
service 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 or wastewater service dis-
continued from the premises or place of violation
and not turned on again or resumed except by
order of the director of finance and administra-
tion, after satisfactory assurance that there be no
further cause for complaint and upon payment of
any charges.
(Code 1966, ~ 35-9; Ord. No. 93-9612, ~ 1, 12-20-
93)
Sec. 41-7. Director's right of entry.
The director of finance and administration or
the director of utilities or persons authorized by
him, may enter at any reasonable hour any prem-
ises supplied with water or wastewater service in
order to inspect or repair wastewater or water
facilities, meters, pipes or fixtures or to investi-
gate the use of water, or to obtain meter readings.
(Code ],966, ~ 35-10; Ord. No. 93-9612, ~ 2,12-20-
93)
Sec. 41-8. Reserved.
Editor's Dote-Section 2 of Ord. No. 97-9808, adopted
June 9, 1997, repealed ~ 41-8 in its entirety. Formerly, ~ 41-8
pertained to tampering with meters, facilities and derived
from ~ 35-11 of the 1966 Code.
Sec. 41-9. Policy and regulations.
The city manager shall be responsible for all
affairs relating to the operation of the combined
water and sewer utility. The city manager shall be
responsible and be authorized to make, direct and
adopt administrative regulations, establish fees
and do all those things necessary for the opera-
tion of said utility not inconsistent with this Code.
(Ord. No. 83-8986, ~ 1, 12-19-83)
Secs. 41-10-41-19. Reserved.
Supp. No. 13
ARTICLE II. WATER
DIVISION 1. GENERALLY
Sec. 41-20. Consumer defined.
(a) The consumer, as referred to herein, shall
be the party receiving water or service for a
property classified as follows:
(1) Apartment: A room or a suite of rooms
within an apartment house arranged, in-
tended, or designed for a place of resi-
dence of a single family, individual, or
group of individuals living together as a
single house-keeping unit.
(2) Dwelling, one-family: A detached building
arranged, intended or designed for occu-
pancy by one family.
(3) Building, one-business: A building under
one roof, occupied by one business.
(4) Building, multiple-business: A building
owned by one person having a number of
office, shops or stores, using in common
one hall and one or more means of ingress
and egress.
(5) Dwelling, two-family: A building arranged,
intended or designed for occupancy by two
(2) families, each household unit of which
shall be considered an individual con-
sumer.
(6) Apartment house: A building arranged,
intended, or designed for more than two
(2) families, each household unit of which
shall be considered an individual con-
sumer.
2406
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WATER AND SEWERS
~ 41-20
.
(7) Boarding house or lodging house: A build-
ing other than a hotel, occupied as a
single housekeeping unit, where lodging
and/or meals are provided for five (5) or
more persons for compensation, pursuant
to previous arrangement, but not for the
public or transients.
(8) Hotel: A building occupied or used as a
more-or-Iess temporary abiding place of
individuals or groups of individuals who
are lodged, with or without meals, and in
which there are more than twelve (12)
sleeping rooms and no provision for cook-
ing in individual rooms.
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Supp. No. 13
2406.1
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WATER AND SEWERS
~ 41-25
(b) Where by special written permission of the
director of utilities, more than one consumer is
permitted to obtain water through a single meter
or battery of meters, a charge at the uniform max.
imum rate as prescribed by section 41-86 per hun.
dred cubic feet or per thousand gallons for two
thousand (2,000) cubic feet as it now exists or as
hereafter amended shall be made.
(Code 1966, ~ 35.44)
Cr088 reference- Defmitions and rules of construction gen-
erally, ~ 1-2.
Sec. 41.21. Application for service required.
Any person making proper application and com-
plying with the requirements herein set forth shall
be supplied with water by the water and sewerage
department providing the property to be supplied
adjoins a water main or distributing pipe. Except
as otherwise provided, all applicants for water
shall be on a form to be furnished by the depart-
ment 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 by the depart.
ment. Application for extra service by existing
customers or for the transfer of service may be
made by telephone.
(Code 1966, ~ 35-23)
Sec. 41.22. Security deposits.
Upon initiating service or transferring service
an applicant for water service shall pay a security
deposit unless they have established a satisfac-
tory credit record with the water and wastewater
department through past dealings.
(1) Residential deposits shall be no less than
fifty dollars ($50.00). In lieu of a cash de-
posit a residential customer may use the
following:
a. A letter of guarantee from another City
of Salina Water and Wastewater cus.
tomer in good standing;
b. A letter of reference from another
utility; or
c. A bank letter of credit.
(2) Commercial deposits shall be equal to that
of a residential applicant if their average
Supp. No. 10
monthly consumption is one thousand five
hundred (1,500) cubic feet or less. If their
monthly average is greater than one thou-
sand five hundred (1,500) cubic feet the com-
mercial deposit shall equal two (2) times
the average monthly consumption of the
premises or like business, times the cur-
rent rate. In lieu of a cash deposit commer.
cial customers may use the following in.
struments in lieu of a cash deposit:
a. A surety bond; or
b. A bank letter of credit.
Any applicant for service or existing consumer
shall, upon demand of the director of finance and
administration, increase such deposit when, if in
the opinion of the director or representatives, such
increase may be necessary to protect the city from
loss.
(Code 1966, ~ 35-24; Ord. No. 93-9612, ~ 3, 12.
20.93)
Sec. 41.23. Deposit accounts.
A separate account of each water deposit shall
be made showing the date on which such deposit
is received, the name of the depositor, and the
amount thereof.
(Code 1966, ~ 35.25)
Sec. 41.24. Interest on deposits.
The city shall pay to the customer making a
water deposit interest at the rate determined by
the state corporation commission pursuant to
K.S.A. 12-822, which interest shall be credited
once a year or credited on the first day of January
thereafter to the credit of the customer's out.
standing account, unless prior to the first day of
January such customer shall request the pay-
ment of such interest in cash, in which event the
payment of interest shall be made as requested.
Any interest credited shall be subject to call and
payment at any time, but shall not draw interest.
(Code 1966, ~ 24-26; Ord. No. 84-9017, ~ 1, 4-9-84)
Sec. 41.25. Basis of deposit; application to
payment of bills.
The amount of deposit required shall at all times
be reasonable, and shall be based upon the value
2407
* 41.25
SALINA CODE
of the maximum service rendered; and such ad-
vance deposit, together with the interest due
thereon, may be applied to the payment of any
bills due on discontinuance of service.
(Code 1966, ~ 35-27)
Sec. 41.26. Refund of deposits and interest.
If a customer is able to present an accepted doc-
ument of credit after paying the deposit, the de-
posit plus interest will be applied to the custom-
er's account.
The city shall refund the security deposit plus
interest after the depositor has established one (1)
year of timely pay. This will be done by applying
the deposit and interest to the customer's account.
After one (1) year of timely pay by the customer
of record the guarantor will be released from
his/her liability.
If the utility is unable to refund the deposit
because of poor credit, interest on the deposit will
be applied to the customers account and the utility
will continue to hold the deposit until such time
the customer establishes good credit.
If a terminated customer skips on their account
and there is a letter of guarantee on me, the
amount guaranteed will be transferred to the guar-
antor's account before turning the balance of the
account over for collection.
(Code 1966, ~ 35.28; Ord. No. 93-9612, ~ 4, 12-
20-93)
Sec. 41.27. Unclaimed deposits.
Any amount of security deposit and the accrued
interest thereof remaining in the account of any
customer in accordance with this article who has
discontinued service with the water and sewerage
department shall be processed in accordance with
the terms of the Kansas Disposition of Unclaimed
Property Act, as amended.
(Code 1966, ~ 35-29; Ord. No. 88-9246, ~ 1,4-11-88)
Sec. 41-28. Taps and charges.
(a) The phrase "lineal feet" where hereinafter
used shall be deemed to refer to the front footage
of the private property that may be served from
any existing water main or water mains that may
Supp. No. 10
hereafter be installed by the water and waste-
water department; 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 desires to obtain water
service to any property, which has not heretofore
paid the cost of a water main, by special assess-
ment or other means, shall as a condition prece-
dent to the installation of such service, pay a con-
nection charge based on front footage of property
to be served. The director of utilities shall annu-
ally determine that charge. It shall be the duty of
any person applying for a new water service to
correctly state the lineal front footage of property
to be thereby served. In the event of the failure to
do so, the director of finance and administration
is hereby directed to forthwith discontinue water
service to any such property where the lineal front
footage was mispresented. No charge shall be
made to property that can be served from paral-
leling installation in the event that the property
to be so served has been a consumer of water from
the department antecedent to September 13, 1954.
(c) Whenever any person requests a new water
service, he shall apply for such service at the water
and wastewater department customer service of-
fice. The utility will tap the main and install the
water service line terminating with a curb cock if
the meter is to be installed on private property or
terminate with a curb cock and meter set if meter
is installed on public property. Before the new
service is turned on the property owner shall pay
the cost thereof as determined by the director of
utilities, to the water and wastewater department
at their customer service office. The plumbing in-
spector for the city also shall approve all the
plumbing on private property served by the ser-
vice line prior to its being turned on.
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WATER AND SEWERS
(e) The maintenance of all water service lines
(including those originally paid for and owned by
the property owner) shall be performed by the
water utility at the water utility's expense. The
maintenance obligation shall cover the water ser-
vice line from the water main through the curb
cock if the meter is set on private property or
through the meter set if the meter is set on public
property.
(Code 1966, ~ 35-30; Ord. No. 83-8986, ~ 12, 12-
19-83; Ord. No. 93-9612, ~ 5, 12-20-93)
Sec. 41-29. Maintenance of plumbing, etc.;
wasting water.
All water consumers shall keep their own flx-
tures, service lines and all other appurtenances 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.
(Code 1966, ~ 35-31; Ord. No. 83-8986, ~ 2, 12-
19.83)
Sec. 41-30. City not liable for interrupted ser-
vice, right to cut off water; re-
pairs.
It is expressly stipulated that no claim shall be
made against the city or the water and sewerage
department because of any break in the service or
any damage arising from cutting off of water to
repair means, service lines, make connections,
frozen meters, or for any other purpose that be-
comes 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 curb
cock if leak is on private property or at the corpo-
ration cock if leaking on public property.
(Code 1966, ~ 35-32; Ord. No. 83-8986, ~ 2, 12-
19-83)
Sec. 41-31. Abandoned service lines to be
capped or plugged.
When a service line is abandoned the water and
sewerage department shall shut off and cap or
plug the line at the corporation cock. If the line is
Supp. No. 10
~ 41-37
to be utilized at a later date the line will be reac-
tivated by the water and sewerage department at
the property owners expense.
(Code 1966, ~ 35-33; Ord. No. 83-8986, ~ 2, 12-
19-83)
Sec. 41-32. Meters required.
All water sold by the water and sewerage de-
partment shall be measured by meter unless sup-
plied under special contract according to estab-
lished rates.
(Code 1966, ~ 35-34)
Sec. 41-33. Department to furnish, install
meters.
All meters in the corporate limits shall be fur-
nished by the water and sewerage department and
installed without cost to the customer.
(Code 1966, ~ 35.35)
Sec. 41-34. Installation of meters.
All water meters shall be installed in accor-
dance with the regulations and specifications of
the water and sewerage department promulgated
by the director of utilities and filed with the de-
partment and the building official.
(Code 1966, ~ 35-36)
Sec. 41.35. Reserved.
Editor's Dote-Ord. No. 93.9612, ~ 11, adopted Dec. 20,
1993, repealed ~ 41-35, meter location, as derived from the
1966 Code, ~ 35-37.
Sec. 41.36. Dirt, rubbish prohibited in meter
or service box.
No person shall deposit dirt, stone or rubbish of
any nature in any meter box or curb box.
(Code 1966, ~ 35-38)
Sec. 41-37. Meters to be accessible, unob-
structed.
The occupant of any building or premises or
customer of service therefor 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.
Where a water meter is inaccessible due to the
2409
~ 41.37
SALINA CODE
noncooperation of the customer, the director of
utilities may in his discretion require that the
meter be moved to a location designated by him at
the expense of the property owner.
(Code 1966, ~ 35-39)
Sec. 41.38. Consumer responsible for
damage to meter.
Whether a meter is located in a building, an
approved meter box or housing in the parking or
sidewalk or elsewhere, 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 other of the property
served and the same shall be collectible in the
same manner as monthly water bills.
(Code 1966, ~ 35.40; Ord. No. 83-8986, ~ 2, 12-
19-83)
Sec. 41.39. Meters damaged by hot water,
steam, improper thawing.
Whenever a meter is damage by hot water or
steam or by an improper method of thawing when
frozen, the cost of the repairs shall be chargeable
to the property and the same shall be collectible
in the same manner as monthly water bills.
(Code 1966, ~ 35-41; Ord. No. 83-8986, ~ 2, 12-
19-83)
Sec. 41.40. Consumers furnishing water to
others; separate meter for each
consumer required.
Patrons of the water system 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 director of utilities. 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 director of utilities.
(Code 1966, ~ 35-42)
Sec. 41.41. Unlawful use of water.
It shall be unlawful for any person to take or
use water from the waterworks of the city without
notice to the water and sewerage department and
Supp. No. 10
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 regu-
lating the supply of water to any premises or part
of the waterworks system except duly authorized
employees of the department or persons autho-
rized to do so by the director of utilities.
(Code 1966, ~ 35-43)
Sec. 41.42. Fluoridatingwatersupplysystem
authorized.
(a) The water and sewerage department is
hereby directed and authorized to install and op-
erate equipment which will introduce sufficient
fluoride compound to raise the fluoride concentra-
tion in the finished water to one part of fluoride
for every million parts of water being distributed
to the water supply system of the city, or such
concentration as is ordered from time to time by
the state board of health.
(b) The water and sewerage department shall
operate the fluoride system in accordance with
standards established by the state board of health
and shall make such periodic inspections as in
their judgment may be deemed necessary to safe-
guard the health and welfare of the citizens of the
city and shall be responsible for the expedient,
safe, proper and efficient operation of the fluori-
dation.
(Code 1966, ~ 35-45)
Secs. 41.43-41.50. Reserved.
DMSION 2. AIR CONDITIONING SYSTEMS
Sec. 41.51. Def'mitions.
For the purpose of this division, the following
terms shall have and be construed to have the
following meanings:
(1) Air conditioning system shall include any
combination of equipment, whether com-
pressor or other type, by which heat is re-
moved from the air and from which the ac-
cumulated or effiuent heat is wholly or
partially removed by the use of water.
2410
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WATER AND SEWERS
~ 41-61
.
(2) Person shall mean all users of air condi-
tioning equipment connected with the mu-
nicipal water supply or emptying water
into municipal storm or sanitary sewers,
including natural persons, partnerships,
corporations or associations. Whenever
used with respect to a penalty, the term
"person" as applied to partnerships or
associations shall mean the partners
thereof, and as applied to corporations,
the officers thereof.
(3) System shall mean a single air condition-
ing 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 lo-
cation, 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.
(4) 7bns shall mean the manufacturers rat-
ing of the compressor on an air condition-
ing system so operated based on Ameri-
can Society of Refrigeration Engineers or
American Refrigeration Institute stan-
dards of ratings.
(5) Water conservation equipment or facilities
shall mean evaporative condensers, cool-
ing towers, spray ponds, recirculating
pumps or return disposal wells.
(Code 1966, ~ 35-79)
Cross reference-Definitions and rules of construction
generally, ~ 1-2.
SeC. 41-52. Types of air conditioners.
All air conditioners hereafter installed shall be
air cooled or equipped with water conservation
equipment or facilities.
(Code 1966, ~ 35-80)
Secs. 41-53-41.58. Reserved.
e
.
Editor's note-Ord. No. 93-9612, * 11, adopted Dec. 20,
1993, repealed ~* 41-53-41-58, which pertained to air condi-
tioner installation: permit, inspection, violators, surcharge,
and back siphonage prevention. Such sections were derived
from the 1966 Code, *~ 35-81-35-85. Section 41-58, establish-
ing priorities for use of the city's water supply and sanitary
sewers, and derived from Code 1966, * 35-86, was repealed by
* 3 of 000. No. 89-9341, adopted Sept. 11, 1989.
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Supp. No. 13
Sec. 41-59. Waste prohibited.
It shall be unlawful for any person to waste
water. The use of water in violation of any of the
terms of this division 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.
(Code 1966, ~ 35-87)
DIVISION 3. WATER CONSERVATION
Sec. 41-60. Purpose.
The purpose of this division is to provide for the
declaration of a water watch, water warning or a
water supply emergency and the implementation
of voluntary and mandatory water conservation
measures throughout the city in the event such a
watch, warning or emergency is declared.
(Ord. No. 89-9341, ~ 2, 9-11-89; Ord. No. 97-9833,
~ 1, 10-27-97)
Sec. 41-61. Definitions and classes of usage
established.
(a) Definitions. The following definitions shall
apply in the interpretation, implementation and
enforcement of this division:
(1) Water, as the term is used in this division,
shall mean water available to the City of
Salina for treatment by virtue of its water
rights or any treated water introduced by
the city into its water distribution system,
including water offered for sale at any
coin-operated site.
(2) Customer, as the term is used in this
division, shall mean the customer of record
using water for any purpose from the
city's water distribution system and for
which either a regular charge is made or,
in the case of coin sales, a cash charge is
made at the site of delivery.
(3) Waste of water, as the term is used in this
division, includes, but is not limited to,
permitting water to escape down a gutter,
ditch or other surface drain or failure to
repair a controllable leak of water due to
defective plumbing.
2411
~ 41-61
SALINA CODE
(b) Classes of usage. The following classes of
uses of water are established:
Class 1
Water used for outdoor watering, either public
or private, for gardens, lawns, trees, shrubs, plants,
parks, golf courses, playing fields, swimming pools
or other recreational areas, or the washing of
motor vehicles, boats, trailers or the exterior of
any building or structure.
Class 2
Water used for commercial or industrial, includ-
ing agricultural, purposes, except water actually
necessary to maintain the health and personal
hygiene of bona fide employees while such em-
ployees are engaged in the performance of their
duties at their place of employment.
Class 3
Domestic usage, other than that which would
be included in either classes 1 or 2.
Class 4
Water necessary only to sustain human life and
the lives of domestic pets and maintain standards
of hygiene and sanitation.
(Ord. No. 89-9341, ~ 2, 9-11-89)
Sec. 41-62. Declaration of a water watch,
water warning, or water emer-
gency.
(a) Declaration of water watch. Whenever the
city manager finds that conditions indicate that
the probability of a drought or some other condi-
tion causing a major water supply shortage is
rising, the city manager shall be empowered to
declare, that a water watch exists and shall take
steps to inform the public and ask for voluntary
reductions in water use. Such a watch shall be
deemed to continue until it is declared by the city
manager to have ended. The city manager's de-
termination that a water watch exists shall be
subject to review by the governing body at its next
regular or special meeting.
(b) Declaration of water warning. Whenever
the city manager finds that drought conditions or
some other condition causing a major water sup-
ply shortage are present and supplies are starting
Supp. No. 13
to decline, the city manager shall be empowered
to declare that a water warning exists and will
recommend, to the governing body, restrictions on
nonessential uses during the period of warning.
Such a warning shall be deemed to continue until
it is declared by the city manager to have ended.
The city manager's determination that a water
warning exists and the recommended restrictions
shall be subject to review by the governing body
at its next regular or special meeting.
(c) Declaration of water emergency. Whenever
the city manager finds that an emergency exists
by reason of a shortage of water supply needed for
essential uses, the city manager shall be empow-
ered to declare that a water supply emergency
exists and will impose mandatory restrictions on
water use during the period of the emergency.
Such an emergency shall be deemed to continue
until it is declared by the city manager to have
ended. The city manager's determination that a
water emergency exists shall be subject to review
by the governing body at its next regular or
special meeting.
(Ord. No. 89-9341, ~ 2, 9-11-89; Ord. No. 97-9833,
~ 1, 10-27-97)
Sec. 41-63. Voluntary conservation mea-
sures.
Upon the declaration of a water watch or
warning as provided in section 41-62, the city
manager is authorized to call on all water con-
sumers to employ voluntary water conservation
measures to limit or eliminate nonessential water
uses, included, but not limited to, limitations on
the following uses:
(1) Sprinkling of water on lawns, shrubs or
trees (including golf courses).
(2) Washing of motor vehicles.
(3) Use of water in swimming pools, foun-
tains and evaporative air conditioning sys-
tems.
(4) Waste of water.
(Ord. No. 89-9341, ~ 2, 9-11-89; Ord. No. 97-9833,
~ 1, 10-27-97)
Sec. 41-64. Mandatory conservation mea-
sures.
Upon the declaration of a water supply emer-
gency as provided by section 41-62, the city man-
2412
e
WATER AND SEWERS
~ 41-64
.
ager is also authorized to implement certain man-
datory water conservation measures, including,
but not limited to, the following:
(1) Suspension of new connections to the city's
water distribution system, except connec-
tions of fire hydrants and those made
pursuant to agreements entered into by
the city prior to the effective date of the
declaration of the emergency;
(2) Restrictions on the uses of water in one
(1) or more classes of water uses, wholly
or in part;
(3) Restrictions on the sales of water at coin-
operated facilities or sites;
(4) The imposition of water rationing based
on any reasonable formula, including, but
not limited to, the percentage of normal
use and per capita or per consumer re-
strictions;
(5) Complete or partial bans on the waste of
water; and
(6) Any combination of the foregoing mea-
sures.
(Ord. No. 89-9341, ~ 2, 9-11-89)
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Supp. No. 13
2412.1
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WATER AND SEWERS
Sec. 41-65. Emergency water rates.
Upon the declaration of a water supply emer-
gency as provided in section 42-62, the governing
body of the city shall have the power to adopt
emergency water rates by resolution designed to
conserve water supplies. Such emergency rates
may provide for, but are not limited to:
(1) Higher charges for increasing usage per
unit of use (increasing block rates); .
(2) Uniform charges for water usage per unit
of use (uniform unit rate); or
(3) Extra charges in excess of a specified level
of water use (excess demand surcharge).
(Ord. No. 89-9341, ~ 2, 9-11-89)
Sec. 41-66. Regulations.
During the effective period of any water supply
emergency as provided for in section 41-62, the
city manager is empowered to promulgate such
regulations as may be necessary to carry out the
provisions of this division, any water supply emer-
gency resolution, or emergency water rate resolu-
tion. Such regulations shall be subject to the ap-
proval of the governing body at its next regular or
special meeting.
(Ord. No. 89-9341, ~ 2, 9-11-89)
Sec. 41.67. Violations, disconnections and
penalties.
(a) If the city manager, director of utilities, or
other city official or officials charged with imple-
mentation and enforcement of this division or a
water supply emergency resolution learn of any
violation of any water use restrictions imposed
pursuant to sections 41-64 or 61-66 of this divi-
sion, a written notice of the violation shall be af.
fIxed to the property where the violation occurred
and the customer of record and any other person
known to the city who is responsible for the vio-
lation or its correction shall be provided with ei.
ther actual or mailed notice. Said notice shall de-
scribe the violation and order that it be corrected,
cured or abated immediately or within such spec-
ifIed time as the city determines reasonable under
Supp. No. 10
~ 41.68
the circumstances. If the order is not complied
with, the city may terminate water service to the
customer subject to the following procedures:
(1) The city shall give the customer notice by
mail or actual notice that water service will
be discontinued within a specifIed time due
to the violation and that the customer will
have an opportunity to appeal the termina-
tion by requesting a hearing scheduled be-
fore a city official designated as a hearing
officer by the city manager;
(2) If such hearing is requested by the cus.
tomer charged with the violation, he or she
shall be given a full opportunity to be heard
before termination is ordered; and
(3) The hearing officer shall make fIndings of
fact and order whether service should con.
tinue or be terminated.
(b) A fee of fIfty dollars ($50.00) shall be paid
for the reconnection of any water service termi-
nated pursuant to subsection (a). In the event of
subsequent violations, the reconnection fee shall
be two hundred dollars ($200.00) for the second
violation and three hundred dollars ($300.00) for
any additional violations.
(c) Violations of this division shall be a munic-
ipal offense and may be prosecuted in municipal
court. Any person so charged and found guilty in
municipal court of violating the provisions of this
division shall be guilty of a municipal offense.
Each day's violation shall constitute a separate
offense. The penalty for an initial violation shall
be a mandatory fine of one hundred dollars
($100.00). In addition, such customer may be re-
quired by the court to serve a defInite term of
imprisonment, which shall be flxed by the court
and shall not exceed thirty (30) days. The penalty
for a second or subsequent conviction shall be a
mandatory flne of two hundred dollars ($200.00).
(Ord. No. 89-9341, ~ 2, 9-11-89)
Sec. 41-68. Emergency termination.
Nothing in this division shall limit the ability
of any properly authorized city official from ter-
minating the supply of water to any or all cus-
tomers upon the determination of such city om.
2413
~ 41-68
SALINA CODE
cial that emergency termination of water service
is required to protect the health and safety of the
public.
(Ord. No. 89-9341, ~ 2, 9-11-89)
Sec. 41.69. Severability.
If any provision of this division is declared un-
constitutional, or the application thereof to any
person or circumstance is held invalid, the consti-
tutionality of the remainder of the ordinance from
which it was derived and its applicability to other
persons and circumstances shall not be affected
thereby.
(Ord. No. 89-9341, ~ 2, 9-11-89)
DIVISION 4. CROSS CONNECTIONS
Sec. 41.70. Purpose.
The purpose of this division is to protect the
public water supply system of the City of Salina
from contamination due to backflow from any cross
connection; to prohibit and eliminate all cross con-
nections between a private water supply and the
public water supply; and to provide for the main-
tenance of a continuing effective cross connection
control program. This program shall include reg-
ularly scheduled inspections to detect and elimi-
nate certain cross connections as well as to pre-
vent any future backflow from other regulated
cross connections. The permits and inspection di-
vision of the city shall be responsible for con-
ducting the cross connection control program.
(Ord. No. 93-9571, ~ 1, 6-7-93)
Sec. 41.70.1. Definitions.
[As used in this division, the following words
and terms shall have the meaning ascribed
thereto:]
Air gap. The unobstructed vertical distance at
least twice the diameter of the supply line and no
less than one (1) inch, through the free atmo-
sphere, between the lowest opening from any pipe
or faucet supplying water to a tank, plumbing
fIxture, or other device and the flood level rim of
a receptacle.
Supp. No. 10
Approved. device. Devices tested and accepted
by a recognized testing laboratory approved by
the Kansas Department of Health and Environ-
ment and the permit and inspection division.
Backflow. The flow of water or other substances
into the distribution system of a potable supply of
water from any source other than its intended
source. Backsiphonage is one type of backflow.
Backflow preventer. A device or means to pre-
vent backflow.
Backsiphonage. The flowing back of contami-
nated or polluted substances from a plumbing f"1x-
ture or any vessel or source into the potable water
supply system due to negative pressure in said
system.
Chemigation. Any process whereby pesticides,
fertilizers or other chemicals or animal wastes are
added to the potable water system for the purpose
of application to land, crops, lawns, greenhouse
vegetation or land vegetation through an irriga-
tion system.
Contaminant. Any substance that upon entering
the potable water supply would render it a danger
to the health or life of the consumer.
Cross connection. Any physical connection or
arrangement between two (2) otherwise separate
piping systems, one of which contains potable
water and the other which contains water or any
substance of unknown or questionable quality
whereby there may be flow from one system to the
other. .
Double check valve assembly. A device consisting
of two (2) internally loaded soft; seated check valves
with positive shut-off valves on both upstream and
downstream ends, and properly located test ports.
Dual check valve. A device consisting of two (2)
internally loaded soft seated check valves. This
device does not contain test ports and is accept-
able for use only at the meter of residential cus-
tomers.
Dual check valve with atmospheric vent. A dual
check valve with an atmospheric vent which, in
the event of failure of the downstream check valve,
vents leakage into the atmosphere through the
2414
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WATER AND SEWERS
~ 41-70.3
vent port. This device is suitable for use with res-
idential boilers, sterilizers, processing tanks, and
dairy equipment.
Free water surface. A water surface at atmo-
spheric pressure.
Flood level rim. The edge of the receptacle from
which water overflows.
. Frost proof closet. A hopper with no water in the
bowl and with the trap and water supply control
valve located below frost line.
Irrigation system. Any device or combination of
devices having a hose, pipe or other conduit which
connects directly or indirectly to the city water
system, through which water is drawn and ap-
plied to land, crops, lawns, greenhouse vegetation
or land vegetation. The term does not include any
hand held hose sprayer or other similar device.
KDHE. The Kansas Department of Health and
Environment.
Overhaul. To examine thoroughly, with a view
to repairs.
Permits and inspection division. The agency of
the municipal government vested with the respon-
sibility for enforcement of the cross connection
ordinances.
Person. Any individual, partnership, copartner-
ship, fIrm, company, corporation, association,joint
stock company, trust, estate, governmental en-
tity, or any other legal entity or their legal rep-
resentatives, agents or assigns. The singular shall
include the plural where indicated by the context.
Plumbing. The practice, materials and fIxtures
used in the installation, maintenance, extension
and alteration of all piping fIXtures, appliances
and appurtenances.
Pollution. The presence of any foreign substance
(organic, inorganic or biological) in water which
tends to degrade its quality so as to constitute a
hazard or impair the usefulness or quality of the
water to a degree which does not create an actual
hazard to the public health but which does ad-
versely affect the water quality.
Private water supply. All water supplies other
than the public water supply system of the city.
Supp. No. 10
Reduced pressure zone backflow preventer. An
assembly of two (2) independently acting soft
seated approved check valves together with a hy-
draulically operating differential pressure relief
valve located between the check valves and at the
same time below the fIrst check valve. The unit
shall contain properly located test cocks and re-
silient seated shut-off valves at each end of the
assembly. To be approved these assemblies must
be accessible for inspection and testing and be
installed in an aboveground location where no part
of the assembly will be submerged.
Tester. A trained technician licensed by the city
clerk upon approval of the permit and inspection
division to perform testing and repair of backflow
preventers.
Vacuum. Any absolute pressure less than that
exerted by the atmosphere.
Vacuum breaker. A device that permits entrance
of air into the water supply distribution line to
prevent backsiphonage.
Water, potable. Water free from impurities in
amounts sufficient to cause disease or harmful
physiological effects. It's quality shall conform to
KDHE requirements for public water supplies.
Water, nonpotable. Water that is not safe for
human consumption or that is of questionable po-
tability.
(Ord. No. 93-9571, ~ 1, 6-7-93)
Sec. 41.70.2. Prohibited cross connections.
(a) Private water supplies. No person shall es-
tablish or permit to be established or maintain or
permit to be maintained, any cross connection
whereby a private water supply may enter the
public water supply system of the city.
(b) Chemigation. No person shall apply any sub-
stance by the chemigation process through an ir-
rigation system as defIned in this division.
(Ord. No. 93-9571, ~ 1, 6-7-93)
Sec. 41.70.3. Regulated cross connections.
Cross connections made in the following instal-
lations shall be regulated in the following manner:
(1) Boilers. Potable water connections to boiler
feed water systems in which boiler water
2414.1
~ 41-70.3
SALINA CODE
conditioning chemicals are or can be intro-
duced shall be made through an air gap or
through a reduced pressure zone backflow
preventer located in the potable water line
before the point where such chemicals may
be introduced.
(2) Refrigeration unit condensers and cooling
jackets. Except when potable water pro-
vided for a refrigeration condenser or
cooling jacket is entirely outside the piping
or tank containing a toxic refrigerant, the
inlet connection shall be provided with an
approved backflow preventer. Heat ex-
changers used to heat water for potable use
shall be of the double wall type.
(3) Cross connections not subject to back pres-
sure. Where a water cross connection is not
subject to back pressure, a vacuum breaker
shall be installed on the discharge side of
the last valve on the line serving the fIX-
ture or equipment. A list of some condi.
tions requiring protective devices of this
kind are given in the following table:
Partial list of cross connections not subject
to back pressure.
a. Aspirators and ejectors;
b. Commercial dish washing machine;
c. Commercial laundry machine;
d. Dental units;
e. Garbage can cleaning machines;
f. Flush tanks;
g. Hose bibs;
h. Hose outlets;
i. Lawn sprinklers;
j. Steam tables;
k. Tank and vats;
1. Trough urinals.
(4) Cross connections subject to backpressure.
Where a potable water cross connection is
made to a line, fIxture, tank, vat, pump, or
other equipment with a hazard of backflow
where the water cross connection is subject
to backpressure, an air gap shall be in-
stalled. Where an air gap cannot be in-
stalled, the permits and inspection division
may require the use of an approved reduced
Supp. No. 10
pressure zone backflow preventer. A par-
tiallist of such connections is shown in the
following table:
Partial list of cross connections subject to
back pressure:
a. Chemical lines;
b. Dock water outlets;
c. Fire sprinkler systems;
d. Hose bibs (where hose use is above free
water surface);
e. Individual water supplies;
f. Industrial process water lines;
g. Pressure tanks;
h. Pumps;
i. Steam lines;
j. Swimming pools;
k. Tanks and vats, bottom inlets.
(5) Other cross connections. Connection to the
public potable water supply system for the
following is prohibited unless properly pro.
tected by the appropriate backflow preven-
tion device.
a. Bidets;
b. Operating, dissecting, embalming, and
mortuary tables or similar equipment;
in such installations the hose used for
water supply shall terminate at least
twelve (12) inches away from every
point of the table or attachments;
c. Pumps for nonpotable substances;
priming only through an air gap;
d. Building drains, sewers, or vent sys-
tems;
e. Commercial buildings or industrial
plants manufacturing or otherwise
using polluting or contaminating sub.
stances;
f. Irrigation systems;
g. Any fIXture of similar hazard.
(Ord. No. 93-9571, * I, 6-7.93)
Sec. 41-70.4. Protective backflow preventers
required.
(a) Approved devices to protect against back.
flow shall be installed at all existing and newly
installed fIXtures and equipment where, in the
judgment of the permit and inspection division,
2414.2
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WATER AND SEWERS
backflow may OCCQr and where there is a hazard
of contamination of the public' water supply
system. If in the judgment of the permit and in-
spection division an approved backflow preven-
tion device is required, or if previously installed
backflow prevention devices do not meet current
requirements, the building official or his agent
will give notice in writing to the customer to in-
stall the proper device. The customer shall imme-
diately install the proper device at the customer's
expense. Failure to comply shall be grounds for
discontinuing water service to the customer until
the device is properly installed.
(b) The type of protective device required under
this division shall be determined by the degree of
hazard which exists as follows:
(1) Premises having water or substances which
would be nonhazardous to the health and
well-being of the consumers shall protect
the public system with no less than an ap-
proved double check valve assembly.
(2) Premises where material dangerous to
health is handled in a manner which cre-
ates an actual or potential hazard shall pro-
tect the public system by an approved air
gap or an approved reduced pressure zone
backflow prevention assembly.
(3) Premises where cross connections are un-
controlled shall protect the public water
supply installing an approved air gap or an
approved reduced pressure zone backflow
prevention device at the service connec-
tion.
(4) Premises where because of security require-
ments or other prohibitions it is impossible
to complete an in-plant cross connection in-
spection, the public system shall be pro-
tected by an approved air gap or an ap-
proved reduced pressure zone backflow
prevention assembly.
(c) Premises which may fall into one (1) or more
ofthe above-mentioned categories may be, but are
not limited to the following:
(1) Beverage bottling plants;
(2) Buildings: hotels, apartments, public or pri.
vate buildings, or other structures having
actual or potential cross connections;
Supp. No. 10
~ 41.70.5
(3) Car wash facilities;
(4) Chemical manufacturing, handling, or pro-
cessing plants;
(5) Chemically contaminated water;
(6) Dairies and cold storage facilities;
(7) Film or photography processing laborato-
ries;
(8) Fire systems;
(9) Hospitals, medical centers, morgues, mor-
tuaries, autopsy facilities, clinics, or nursing
and convalescent homes;
(10) Laundries;
(11) Metal cleaning, processing, or fabricating
plants;
(12) Oil and gas production, storage, or trans-
mission facilities;
(13) Parking or food processing plants;
(14) Paper and paper products plants;
(15) Power plants;
(16) Radioactive materials plants or handling
facilities;
(17) Restricted or classified facilities;
(18) Rubber plants;
(19) Sand, gravel, or asphalt plants;
(20) Schools or colleges;
(21) Solar heating systems;
(22) Temporary services: fire hydrants, air
valves, blow-ofTs and other outlets.
(Ord. No. 93-9571, ~ I, 6-7-93)
Sec. 41.70.5. Installation of approved de.
vices.
When required, approved devices shall be in-
stalled by a contractor licensed to make the in-
stallation by the city in accordance with the man-
ufacturer's instructions, any applicable permits
and inspection division regulations, and the Uni-
form Plumbing Code or any other applicable local,
state or federal laws. The owner of an owner-
occupied single-family residence may personally
2414.3
~ 41.70.5
SALINA CODE
install the approved devices in the owner's resi.
dence without a license, but shall not be exempt
from any required permits and inspections. Back.
flow and backsiphonage devices of all types shall
be in an accessible location. Installation in pits or
any other location not properly drained shall be
prohibited, unless dual check valves are installed
in the meter box. Atmospheric vacuum breakers
shall be installed with the critical level at least
six (6) inches above the flood rim of the fIXture
they serve and on the discharge side of the last
control valve to the fIXture. No shut-off valve or
faucet shall be installed beyond the atmospheric
vacuum breaker. Pressure vacuum breakers shall
be installed with the critical level at least twelve
(12) inches above the flood rim but may have con-
trol valves downstream from the vacuum breaker.
For closed equipment or vessels, such as pressure
sterilizers, the top of the vessel shall be consid-
ered the flood level rim, and a check valve shall
be installed on the discharge side of the pressure
vacuum breaker.
(Ord. No. 93-9571, ~ 1, 6-7-93)
Sec. 41-70.6. Testing, maintenance and repair
of approved devices.
It shall be the responsibility of building and
premises owners to maintain all backflow preven-
ters and vacuum breakers within the building or
on the premises in good working order and to make
sure no piping or other arrangements have been
installed for the purpose of bypassing the back.
flow devices. The permits and inspection division
will set appropriate testing and overhaul sched.
ules for such devices. Testing intervals shall not
exceed one (1) year and overhaul intervals shall
not exceed five (5) years for devices located within
a building or on premises having a high degree of
hazard. A building or premises having a low de-
gree of hazard, including but not limited to one.
and two-family dwellings, shall not be subject to
testing and overhaul requirements.
(Ord. No. 93-9571, ~ 1, 6-7-93)
Sec. 41-70.7. Qualified technicians.
Testing and overhaul of all backflow preventers
and vacuum breakers shall be made by qualified
technicians. Qualified t~hnicians are those tech-
nicians who have completed a Kansas Depart.
Supp. No. 10
ment of Health and Environment approved
training course and have passed a written exam-
ination such as the American Backflow Preven-
tion Association device testers examination. Upon
approval of the permits and inspection division,
the city clerk shall license the device testers after
ascertaining the technician meets the above qual-
ifications.
(Ord. No. 93-9571, ~ 1, 6-7-93)
Sec. 41-70.8. Inspection.
The permits and inspection division or other
designate of the city manager shall have the right
of entry into any building or premises in the city
as frequently as necessary in order to ensure that
plumbing has. been installed in a manner as to
prevent the possibility of contamination of the
public water supply system of the city.
(Ord. No. 93-9571, ~ 1, 6-7-93)
Sec. 41-70.9. Protection from contaminants.
Pursuant to its home rule authority and K.S.A.
65.163a, the City of Salina, may refuse to deliver
water to any premises where a condition exists
which might lead to the contamination of the
public water supply system and may continue to
refuse to deliver water until the condition is cor-
. rected to the satisfaction of the city. In addition,
the city may immediately terminate water ser-
vice to a premises where a backflow condition ex-
ists which may be hazardous to the health of cus-
tomers served by the public water supply system
of the city.
(Ord. No. 93-9571, ~ 1, 6-7.93)
ARTICLE In. SEWERS
Sec. 41.71. Sewer connections.
(a) Persons owning dwelling houses or build-
ings within the city which are located near a
sewer, or in a block within any sewer district in
the city through which a sewer extends are hereby
required to make such connections with the sewer
system of the city as may be necessary in thejudg.
ment 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
2414.4
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WATER AND SEWERS
~ 41-73
.
such building affecting the public health which
may be lawfully and properly disposed of by
means of such sewer.
e
(b) If any person shall fail to refuse to connect
any building or buildings with the sewer system
of the city as herein provided for, for more than
ten (10) days after being notified in writing by the
joint city-county board of health to do so, then the
city may cause such premises and buildings to be
connected with the sewer system and the city is
hereby authorized to advertise for bids for the
construction and making of such sewer connec-
tions, and to contract therefor with the lowest
responsible bidder or bidders, and to cause such
premises to be connected with the sewer system.
(c) 'Ib pay the costs and expenses of work done
in connecting premises to the sewer system, the
city may assess the 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.
(Code 1966, ~~ 15-7-15-9)
Sec. 41-71.1. Sewer connection permits and
fees.
(a) The phrase "lineal footage" where herein-
after used shall be deemed to refer to the front
footage of the private property that may be served
from any existing public sanitary sewer pipeline
or in the event any such property is irregularly
shaped, the lineal footage shall be deemed to refer
to the adjusted width of any such irregular tract.
.
(b) Any person desiring to obtain sanitary sewer
service to any property which has not heretofore
paid the cost of a sanitary sewer main, by special
assessment or other means, shall as a condition
precedent to the installation of such service, pay a
connection charge based on front footage of prop-
erty to be served. The director of utilities shall
annually determine that charge. It shall be the
duty of any person applying for a new sanitary
sewer service to correctly state the lineal footage
of property to be thereby served. In the event of
the failure to do so, the director of utilities is
hereby directed to forthwith discontinue sanitary
sewer service to any such property where the
lineal footage was mispresented.
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Supp. No. 15
(c) Any person requesting a new sanitary sewer
service, shall apply for such service at the utilities
department. Before the new service is connected,
the applicant shall pay the cost thereof as deter-
mined by the director of utilities. The plumbing
inspector for the city also shall approve all the
plumbing on private property serviced by the
service line prior to the sanitary sewer being
connected.
(Code 1966, ~ 9-204; Ord. No. 93-9612, ~ 6, 12-20-
93; Ord. No. 94-9628, ~ 1, 4-4-94; Ord. No. 99-
9935, ~ 1, 7-12-99)
Sec. 41-71.2. Work not requiring a permit.
No permit shall be required in the case of any
repair work as follows: The stopping of leaks in
drains, soil, waste or vent pipe, provided, how-
ever, that should any trap (other than tubular
traps), drainpipe, soil, waste or vent pipe be or
become defective and it becomes necessary to
remove and replace the same with new material
in any part or parts, the same shall be considered
as new work and a permit shall be procured and
an inspection made as hereinbefore provided. No
permit shall be required for the clearing of stop-
pages or the repairing of leaks in pipes, valves or
fixtures, where such repairs do not involve or
require the rearrangement of tubular traps, valves,
pipes or fixtures.
(Code 1966, ~ 9-205)
Sec. 41-72. Application for sewer service
when not served with city water.
Any person desiring sewer service for any pre-
mises not served with city water shall make
application therefor in the same manner and
subject to the same conditions as applications for
water service as provided in section 1-21. He shall
pay the same deposit as is required of applicants
for water service.
(Code 1966, ~ 35-12)
Sec. 41-73. Oil, grease; draining into sew-
ers, rivers, etc.
It shall be unlawful for any person 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
2414.4.1
~ 41-73
SALINA CODE
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.
(Code 1966, ~ 23-152)
Sec. 41-74. Legislative findings.
The governing body finds that:
(1) Pursuant to K.S.A. 12-860, the governing
body of the city is authorized to establish
charges for the use of the sewage disposal
system as shall be reasonable and suffi-
cient to pay the cost of extension and
enlargement of the system, and the pay-
ment of any bonds and the interest thereon
as may be issued for such sewage system.
(2) The city has constructed the East Dry
Creek Interceptor which removes Sewer
Plant No.2 from service, provides sub-
stantial reserve capacity for the growth
areas to the south and east of the city, and
allows transfer of service areas from the
essentially fully loaded Southeast Inter-
ceptor and East Side Interceptor service
areas.
(3) The proportion of the East Dry Creek
Interceptor capacity attributable to fu-
ture flow capacity has been calculated by
the city's consulting engineers to be sixty-
six and fifteen hundredth (66.15) percent.
The total East Dry Creek Interceptor
project cost of six IIlillion nine hundred
sixty thousand dollars ($6,960,000.00) with
a five and fourteen hundredths (5.14) per-
cent, twenty-year bond issue results in a
total project cost including debt service of
eleven million two hundred twenty-one
thousand dollars ($11,221,000.00). Conse-
quently, seven million four hundred twenty-
two thousand seven hundred dollars
($7,422,700.00) in capital costs and debt
service are attributable to the future flow
capacity of the East Dry Creek Intercep-
tor.
(4) The public interest is best served by the
assessment of a capital recovery charge to
assure that future development bears its
Supp. No. 15
proportionate share of the cost of the
future flow capacity of the East Dry Creek
Interceptor.
(5) The report entitled "East Dry Creek In-
terceptor Capital Recovery Charges, Brief-
ing Document", dated February 14, 1994,
sets forth a reasonable methodology and
analysis for the determination of a fair
and reasonable capital recovery charge
based upon the new user's consumption of
the future flow capacity of the East Dry
Creek Interceptor. The capital recovery
charge is to be paid as part of the user's
monthly water and sewer utility bill over
a period of ten (10) years or, at the elec-
tion of the owner of a new single-family
residence, in a lump sum based upon
estimated consumption for a single-fam-
ily residence.
(Ord. No. 9628, ~ 2, 4-4-94)
Sec. 41-75. Imposition of charge.
Any person who, after the effective date of
Ordinance No. 95-9707 [October 13, 1995], seeks
to connect to the city's sewerage system to service
a new free-standing building or use on either:
(1) A tract within the city limits that was
unplatted as of the effective date of Ordi-
nance No. 95-9707; or
(2) A lot or tract that was outside the city
limits as of the effective date of Ordinance
No. 95-9707;
(3) A lot within the city limits that is either
replatted or rezoned following the effec-
tive date of Ordinance No. 95-9707; pro-
vided, however, that the capital recovery
charge shall be based only on the net
increase in wastewater flow attributable
to the actual use following the replatting
or rezoning.
and which is in an area serviced by the Southeast
Interceptor, the East Side Interceptor, or the East
Dry Creek Interceptor, as shown on the map
attached to the ordinance as Table 1, shall be
required to pay a capital recovery charge as set
2414.4.2
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WATER AND SEWERS
~ 41-76
.
forth in the East Dry Creek Interceptor Capital
Recovery Charge Schedule attached to the ordi-
nance as Table 2.
(Ord. No. 94-9628, ~ 2, 4-4-94; Ord. No. 95-9707, ~
1, 10-9-95)
Editor's note-The tables referenced in ~ 41-75 as Table
1 and Table 2 are not set out at length in this Code but are on
file and available for inspection in the city offices.
Sec. 41-76. Payment of charge.
Prior to the issuance of any permits for any
connections with the sewer mains or laterals of
the city for any single-family residence located on
any lot or tract subject to the capital recovery
charge provided for in section 41-75, the applicant
must either elect and pay the applicable lump
sum charge or elect to pay the applicable monthly
charge which shall commence upon the initiation
of service and shall continue each month for a
period of ten (10) years. In the case of all other
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2414.5
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WATER AND SEWERS
~ 41-85
users subject to the capital recovery charge, the
applicable monthly charge shall commence upon
the initiation of service and shall continue each
month for a period of ten (10) years.
(Ord. No. 94-9628, ~ 2, 4-4-94)
Sees. 41-77-41-85. Reserved.
Supp. No. 11
2414.6.1
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WATER AND SEWERS
ARTICLE IV. RATES AND CHARGES
Sec. 41.86. Adoption by resolution.
The board of commissioners hereby finds and
determines that the rates, fees or charges for the
use of and services rendered by the combined water
and sewerage department, in order to fully meet
the requirements of the statutes of the state, shall
be established from time to time by resolution.
(Code 1966, ~ 35-54; Ord. No. 81-8836, ~ 1, 2-9-81)
Sec. 41.87. Charge for water used by city.
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
flXed by the board of commissioners. Where it is
impracticable to meter the water so used, it shall
be estimated by the director of utilities.
(Code 1966, ~ 35-56)
Sec. 41-88. Charge when meter fails to reg.
ister.
In case any meter fails to register for any cause,
the amount charged for water during such period
shall be estimated by the director of finance and
administration, such estimate to be based on the
average amount registered during a like preceding
period and such other information as is available.
(Code 1966, ~ 35-57; Ord. No. 93-9612, ~ 7, 12-
20.93)
Sec. 41.89. Reserved.
Editor's note-Ord. No. 93-9612, ~ 11, adopted Dec. 20,
1993, repealed f 41-89, hydrant rental, as derived from the
1966 Code, ~ 35-59.
Sec. 41.90. Reduction in sewer charge when
some water not discharged to
sewers.
If any user of water shall use more than two
thousand (2,000) cubic feet of water in any month
for commercial or industrial purposes, and if, as
established by separate meter installed and main-
tained by such user, or by other records kept and
maintained by such user and open for inspection
by the city's representatives, more than one-fourth
Supp. No. 10
~ 41.93
of the water so used by the customer was not dis-
charged into the city's sewage disposal system,
then the sewerage charge made to such customer
for the use and service of the city's sewage dis-
posal system shall be based on the amount of water
furnished such customer during said month, less
the amount of such water which was not dis-
charged into the city's sewage disposal system.
(Code 1966, ~ 35-61)
Sec. 41.91. Reserved.
Editor's note-Ordinance No. 90-9384, ~ 1, adopted May
14, 1990, repealed ~ 41-91, which section agreed not to de.
crease the rate or interest on bonds purchased to enlarge, ex-
tend and improve the waterworks plant and system or sewer
system, and which derived from Code 1966, f 35-62.
Sec. 41.92. Free service prohibited.
No water or sanitary sewerage service shall be
furnished or rendered by the city's combined water
and sewerage system free of charge.
(Code 1966, ~ 35.63)
Sec. 41.93. Billing and collection; penalty for
delinquent account and discon.
nection of service for nonpay.
ment.
(a) All water meters, except those specifically
installed for the sole purpose of irrigating yards
and lawns, shall be read and bills for water and
wastewater service (or either) rendered monthly,
and such bills shall be collected as a combined bill
for water and wastewater service furnished each
customer. Each bill shall be payable upon the ren-
dering of such bill and if not paid on or before the
specified due date as shown on the bill, such bill
shall be considered delinquent and subject to a
late charge.
(b) All bills unpaid twenty-three (23) days after
date of issue shall be considered delinquent and
subject to an additional charge of five (5) percent
of the total current charges.
(c) If the rendered bill and late charge are not
paid by the twenty-fifty (25th) day after issue, then
a disconnect for nonpayment notice shall be is-
sued for those bills in excess of fifteen dollars
2414.7
~ 41-93
SALINA CODE
($15.00). The disconnect for nonpayment notice
shall provide the customer of record with the fol-
lowing information:
(1) The amount due on the unpaid balance;
(2) The customer's right to a hearing before
the department; provided such request is
made at least three (3) working days prior
to the disconnection for nonpayment date;
(3) Notice that service will be disconnected for
nonpayment in seven (7) days if the bill re-
mains unpaid.
If the customer of record is not the occupant
where water and wastewater service is provided,
then the department shall provide similar notifi-
cation to the occupant. The request for a hearing
must be no later than three (3) working days be-
fore the date of discontinuance for nonpayment.
Such hearing will be conducted by one (1) or more
of the following representatives: director of fi-
nance and administration, water office supervisor,
customer service representative, or such other rep-
resentative of similar management grades as may
be appointed by the director of fmance and admin-
istration. The department is authorized to discon-
tinue and disconnect water service for any cus-
tomer who shall be delinquent in the payment of
those bills in excess of f1fteen dollars ($15.00). Cus-
tomers are responsible for furnishing the depart-
ment with their correct address for billing pur-
poses.
(d) On the disconnection day for nonpayment
the service personnel of the water and waste-
water department shall attempt to collect the total
amount of the delinquent bill, the service charge
of ten dollars ($10.00), and the current bill. The
service personnel must collect a minimum of the
delinquent bill plus the service charge or the ser-
vice shall be disconnected.
(e) If no one is at the location to be turned ofT,
the service personnel shall leave a door hanger
telling the occupant the water service has been
disconnected for nonpayment of bill.
(0 If the service to the property is terminated
for nonpayment, it shall remain disconnected until
such customer pays the full amount of all water
and wastewater bills, including such cash deposit
Supp. No. 10
as the director of finance and administration or
representatives may require and the service
charge.
(g) All water meters which are installed for the
sole and specific purpose of irrigating yards and
lawns shall be read and billed for such water ser-
vice rendered monthly during the months of May
through October, inclusive, water consumed
during the months of November through April,
inclusive shall be metered and the meter read and
the bill for such water consumed during this pe-
riod rendered with the May reading. Payment for
such water service furnished would be due and
payable in the same procedure therein provided
for the collection, notifications and disconnection
of service for delinquent accounts shall be appli-
cable.
(Code 1966, ~ 35-64; Ord. No. 84-9048, ~ 1, 11-
19-84; Ord. No. 93-9612, ~ 8, 12-20-93)
Sec. 41.94. Department not responsible for
delivery of bill; duplicates.
The water and sewerage department does not
assume the responsibility for speedy and safe de-
livery of, or failure to receive bill; a duplicate may
be obtained by calling in person at the office of the
department.
(Code 1966, ~ 35-65)
Sec. 41.95. Corrections and refunds.
The city manager, or his designee, shall have
authority to make corrections or refunds of over-
payments or improper water bills due to error in
the water and sewerage department, or in any
other circumstance in which it is deemed to be in
the city's best interest to adjust the amount billed.
(Code of 1966, ~ 35-66; Ord. No. 91-9463, ~ 1,
9-16-91)
Sec. 41.96. Service not to be furnished until
accounts paid.
Whenever any consumer of water shall move
from one location or premises to another in or
adjacent to the city, or whenever water is turned
ofT 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
2414.8
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WATER AND SEWERS
water and wastewater department of the city for
any water or wastewater service previously fur-
nished to him either at the premises for which an
application is made or at any other place in the
city, the director of finance and administration
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
department for whatever premises, have been fully
paid by such consumer or applicant, and all other
requirements and charges, whether in the nature
of penalties, shut off or turn on charges, or de-
posits, 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 re-
quirements have been fully paid and complied
with.
(Code 1966, ~ 35-67; Ord. No. 93-9612, ~ 9, 12-
20-93)
Sec. 41.97. Regulations to secure payment
authorized.
The director of finance and administration shall
be authorized to make such reasonable rules and
regulations to secure the payment of any sums
due the water and sewerage department as may,
in his judgment, be necessary.
(Code 1966, ~ 35.68; Ord. No. 93-9612, ~ 10, 12-
20-93)
Sec. 41.98. Combined reading of multiple
meters; when permitted.
(a) The water consumption, as shown by mul-
tiple meters servicing a single structure or a group
of structures having a single or common plumbing
system, may be combined for purposes of com-
puting charges.
(b) All single meter installations shall be com-
puted for billing on an individual basis.
(Code 1966, ~ 35-69)
Sees. 41-99-41.109. Reserved.
Supp. No. 10
~ 41.110
ARTICLE V. USE OF PUBLIC AND
PRIVATE SEWERS AND DRAINS.
Sec. 41.110. Definitions.
(a) Terms and phrases. The following defini-
tions shall apply to the enforcement of articles V
through IX of this chapter:
(1) Act or the act. The Federal Water Pollution
Control Act, also known as the Clean Water
Act, as amended, 33 V.S.C. 1251, et seq.
(2) American Society of Testing Materials
(ASTM). The American Society of Testing
Materials or publications thereof.
(3) Approval authority. The Environmental
Protection Agency.
(4) Authorized representative. An authorized
representative of a user may be:
a. A responsible corporate officer, if the
industrial user is a corporation. For the
purpose of this paragraph, a respon-
sible corporate officer means:
1. A president, secretary, treasurer,
or vice-president of the corpora-
tion in charge of a principal busi-
ness function, or any other person
who performs similar policy or
decision-making functions for the
corporation, or
2. The manager of one (1) or more
manufacturing, production, or op-
erations facilities employing more
than two hundred fifty (250) per-
sons or having gross annual sales
or expenditures exceeding twenty-
five million dollars
($25,000,000.00) (in second quarter
1980 dollars), if authority to sign
documents has been assigned or
delegated to the manager in accor-
dance with corporate procedures.
*Editor's note-Sections 1 and 5 of Ord. No. 92.9505,
adopted April 27, 1992, repealed Art. V, ~~ 41-110-41-115,
and provided for a new Art. V to read as herein set out. For.
merly, Art. V dealt with similar subject matter and derived
from Ord. No. 84-9007, ~ 1, adopted March 26, 1984.
2414.9
~ 41-110
b. A general partner or proprietor if the
industrial user is a partnership or sole
proprietorship respectively.
c. A duly authorized representative of the
individual designated in paragraph a.
or b. of this section if:
1. The authorization is made in
writing by the individual described
in paragraph a. or b.;
2. The authorization specifies either
an individual or a position having
responsibility for the overall oper.
ation of the facility from which the
industrial discharge originates,
such as the position of plant man-
ager, operator of a well, or well
field superintendent, or a position
of equivalent responsibility, or
having overall responsibility for
environmental matters for the
company; and
3. The written authorization is sub-
mitted to the control authority.
(5) Biochemical oxygen demand (BOD). The
quantity of oxygen utilized in the biochem-
ical oxidation of organic matter under stan-
dard laboratory procedure in five (5) days
at twenty (20) degrees Centigrade, ex-
pressed in milligrams per liter (mgll).
(6) Building drain. That part of the lowest hor-
izontal piping of a drainage system which
receives the discharge from soil, waste and
other drainage pipes inside the walls of the
building and conveys it to the building
sewer beginning two (2) feet outside the
building wall.
(7) Building sewer. The extension from the
building drain to the public wastewater col.
lection system or other place of disposal.
(8) Bypass. The intentional diversion of waste-
streams from any portion of a users treat-
ment facility.
(9) Chemical oxygen demand (COD). The ox-
ygen consuming capacity of inorganic and
organic matter present in wastewater ex-
pressed as the amount of oxygen consumed
from a chemical oxidant as under standard
laboratory procedure in milligrams per "liter.
Supp. No. 10
2414.10
SALINA CODE
(10) City. The Municipality of Salina, Kansas.
(11) Combined sewer. A sewer receiving both
surface runoff and sewage.
(12) Composite sample. A combination of indi-
vidual samples in which the volume of each
individual sample is proportional to the dis.
charge of flow. The sample frequency is pro-
portional to the flow rate over the sample
period or the sample frequency is propor.
tional to time.
(13) Control authority. The director of utilities
for the City of Salina.
(14) Cooling authority. The water discharged
from any use such as air conditioning,
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WATER AND SEWERS
cooling or refrigeration or to which the only
pollutant added is heat.
(15) Department. The City of Salina Utilities De-
partment.
(16) Direct discharge. The discharge of sewage
into waters of the state.
(17) Director. The Director of Utilities of the City
of Salina, Kansas, or his delegated repre.
sentative.
(18) Domestic wastewater. Any wastewater dis.
charged from any user that has character.
istics that could be reasonable expected
from a household.
(19) Environmental Protection Agency (EPA).
The U.S. Environmental Protection Agency
or where appropriate, the term may also be
used as a designation for the administrator
or other duly authorized official of said
agency .
(20) Categorical pretreatment standards. Any
regulation containing pollutant discharge
limits promulgated by the EP A in accor-
dance with section 307(b) and (c) of the Act
(33 U.S.C. 1317), which applies to a specific
category of industrial users.
(21) Four-day average. The arithmetic average
concentration value for four (4) consecutive
monitoring days.
(22) Garbage. Solid wastes from the domestic
and commercial preparation, cooking and
dispensing of food, and from the handling,
storage and sale of produce.
(23) Governing body. The board of commis-
sioners of the City of Salina, Kansas.
(24) Grab sample. An individual sample col-
lected in less than fifteen (15) minutes.
(25) Health officer. A person having public
health responsibility by the State of Kansas
and/or by Saline County.
(26) Holding tank waste. Any waste from holding
- tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum
pump tank trucks.
Supp. No.9
~ 41-110
(27) Indirect discharge. The introduction of pol-
lutants into a POTW from any nondom-
estic source regulated under section 307 (b),
(c) or (d) of the Act.
(28) Industrial user. A source of indirect dis-
charge.
(29) Industrial wastes. The liquid wastes from
industrial manufacturing processes, trade,
or business as distinct from domestic waste-
water.
(30) Interference. A discharge which, alone or in
conjunction with a discharge or discharges
from other sources, both:
a. Inhibits or disrupts the POTW, its
treatment processes or operation, or its
sludge processes, use or disposal; and
b. Therefore is a cause of a violation of
any requirement of the POTW's
NPDES permit (including an increase
in the magnitude or duration of a vio-
lation) or of the prevention of sewage
sludge use or disposal in compliance
with the following statutory provisions
and regulations or permits issued there-
under (or more stringent state or local
regulations): section 405 of the Clean
Water Act, the Solid Waste Disposal
Act (SWDA) (including Title II, more
commonly referred to as the Resource
Conservation and Recovery Act
(RCRA), and including state regula-
tions contained in any state sludge
management plan prepared pursuant
to subtitle D of the SWDA), the Clean
Air Act, the Toxic Substances Control
Act, and the Marine Protection, Re-
search and Sanctuaries Act.
(31) Local limits. Specific prohibitions or limits
on pollutants or pollutant parameters de-
veloped by the POTW in accordance with
40 C.F.R. section 403.5(c) for the purpose of
implementing the prohibitions listed in 40
C.F.R. section 403.5(a)(1) and (b).
(32) Municipal sewer system. Sanitary sewers,
pumping stations, sewage treatment plants,
main sewers, interceptor sewers, outfall
sewers, and works for the collection, trans-
2415
~ 41-110
SALINA CODE
portation, pumping and treating of waste-
water, sewage or industrial waste thereto,
necessary in the maintenance and opera-
tion of the same.
(33) Pretreatment standard or standard. Any
local, state, or federal regulation containing
pollutant discharge limits. This term in-
cludes local limits, prohibitive discharge
limits including those promulgated under
40 C.F.R. section 403.5, and categorical pre-
treatment standards.
(34) National pollutant discharge elimination
system or NPDES permit. A discharge
permit issued by the approval authority pur-
suant to section 402 of the act (33 D.S.C.
1342).
(35) National prohibitive discharge standard or
prohibitive ,discharge standard. Any
(present or future) regulation 'developed
,under the authority of.307(bhiftheact and
40C.F.R. section.40S:5.
(36) Natural outlet. Any outlet into a water-
course, pond, ditch, lake or other body of
surface or groundwater.
(37) New source:
a. Any building, structure, facility or in-
stallation from which there is or may
be a discharge of pollutants, the con-
struction of which commenced after the
publication of proposed pretreatment
standards under section 307(c) of the
act which will be applicable to such
source if such standards are thereafter
promulgated in accordance with that
section, provided that:
1. The building, structure, facility or
installation is constructed at a site
at which no other source is located;
or
2. The building, structure, facility or
installation totally replaces the
process or production equipment
that causes the discharge ofpollut-
ants at an existing source; or
3. The production or wastewater gen-
erating processes of the building,
Supp. No.9
2416
structure, facility or installation
are substantially independent of
an existing source at the same site.
In determining whether these are
substantially independent, factors
such as the extent to which the new
facility is integrated with the ex-
isting plant, and the extent to
which the new facility is engaged
in the same general type of activity
as the existing source should be
considered.
b. Construction on a site at which an ex-
isting source is located results in a mod-
ification rather than a new source if
the construction does not create a new
building, structure, facility or installa-
tion meeting the criteria of paragraphs
a.2., or a.3.af this section but other-
wise alters, replaces, or adds to existing
processor production 'equipment.
c. Oonstruction ofa new source as de-
fined under 'this paragraph has com-
menced if the owner or operator has:
1. Begun, or caused to begin as part
of a continuous on site construc-
tion program:
(i) Any placement, assembly, or
installation of facilities or
equipment; or
(ii) Significant site preparation
work including clearing, exca-
vation, or removal of existing
buildings, structures, or facil-
ities which is necessary for the
placement, assembly, or in-
stallation of new source facil-
ities or equipment; or
2. Entered into a binding contractual
obligation for the purchase of fa.
cilities or equipment which are in-
tended to be used in its operation
within a reasonable time. Options
to purchase or contracts which can
be terminated or modified without
substantial loss, and contracts for
feasibility, engineering and design
studies do not constitute a contrac-
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WATER AND SEWERS
~ 41.110
tual obligation under this para-
graph.
(38) pH. The negative logarithm of the hydrogen
ion concentration measured in grams per
liter of a solution.
(39) Pass through. A discharge which exits the
POTW into waters of the United States in
quantities or concentrations which, alone
or in conjunction with a discharge or dis-
charges from other sources, is a cause of a
violation of any requirement of the POTW's
NPDES permit (including an increase in
the magnitude or duration of a violation).
(40) Person. Any individual, partnership, copart-
nership, firm, company, corporation, asso-
ciation, joint stock company, trust, estate,
governmental entity, or any other legal en-
tity or their legal representatives, agents
or assigns. The singular shall include the
plural where indicated by the context.
(41) Pollution. The manmade or man-induced al-
teration of the chemical, physical, biolog-
ical or radiological integrity of water.
(42) Pollutant. Any dredged spoil, solid waste,
incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials,
heat, wrecked or discharged equipment,
rock, sand, cellar dirt and industrial, mu-
nicipal and agricultural waste discharged
into water.
(43) Pretreatment or treatment. The reduction of
the amount of pollutants, the elimination
of pollutants, or the alteration of the na-
ture of pollutant properties in wastewater
prior to or in lieu of discharging, or other-
wise introducing such pollutants into a
POTW. The reduction or alteration may be
obtained by physical, chemical, or biolog-
ical process, process changes, or by other
means, except where prohibited by 40
C.F.R. section 403.6(d). Appropriate pre-
treatment technology includes control
equipment, such as equalization tanks or
~ facilities, for protection against surges or
slug loadings that might interfere with or
otherwise be incompatible with the POTW.
Supp. No.9
However, where wastewater from a regu-
lated process is mixed in an equalization
facility with unregulated wastewater or
with wastewater from another regulated
process, the effluent from the equalization
facility must meet an adjusted pretreat-
ment limit calculated in accordance with
40 C.F.R. section 403.6(e).
(44) Pretreatment requirements. Any substan-
tive or procedural requirement relating to
pretreatment, other than a national pre-
treatment standard imposed on a user.
(45) Private sewer. A sewer not owned or main-
tained by the City of Salina.
(46) Private wastewater disposal system. Any
system of wastewater disposal not publicly
owned or operated.
(47) Private water supply. All water supplies not
owned and operated by the City of Salina.
(48) Properly shredded garbage. The wastes from
the preparation, cooking, and dispensing of
food which have been shredded to such a
degree that all particles will be carried
freely under the flow conditions normally
prevailing in public sewers, with no parti-
cles greater than one-half inch (1.27 centi-
meters) in any dimension.
(49) Public sewer. A sewer in which all owners
of abutting properties have equal rights and
is controlled by public authority.
(50) Public water supply. All water supplies
owned and operated by the City of Salina.
(51) Publicly owned treatment works (POTW;. A
treatment works as defined by section 212
of the act, which is owned by a state or
municipality (as defined by section 502(4)
of the act). This definition includes any de-
vices and systems used in the storage, treat-
ment, recycling and reclamation of munic-
ipal sewage or industrial wastes of a liquid
nature. It also includes sewers, pipes and
other conveyances only if they convey
wastewater to a POTW treatment plant.
The term also means the municipality as
defined in section 502(4) of the act, which
has jurisdiction over the indirect discharges
2417
~ 41-110
SALINA CODE
to and the discharges from such a treat-
ment works.
(52) Sanitary sewer. A sewer which carries
wastewater and to which storm, surface and
groundwater are not intentionally ad-
mitted.
(53) Sanitary sewerage system. Any devices,
units and systems used in the collection,
transportation, storage, treatment, recy-
cling and reclamation of municipal waste-
water or industrial wastes of liquid nature
including all land and appurtenances
thereto owned by the city and as further
defined for a publicly owned treatment
works (POTWl under section 211 of the Fed-
eral Water Pollution Control Act (33 U.S.C.
1292).
(54) Sewer. A pipe or conduit for carrying waste-
water.
(55) Shall. "Shall" is mandatory, "may" is per-
missive.
(56) Significant industrial user. (i) All categor-
ical industrial users and (ii) any noncate-
gorical industrial user that:
a. Discharges an average of twenty-five
thousand (25,000) gallons per day or
more of process wastewater ("process
wastewater" excludes sanitary, noncon-
tact cooling and boiler blowdown waste-
water);
b. Contributes a process wastestream
which makes up five (5) percent or more
of the average dry weather hydraulic
or organic (BOD, TSS, etc.) capacity of
the treatment plant; or
c. Has a reasonable potential, in the
opinion of the control or approval au-
thority, to adversely affect the POTW
treatment plant (inhibition, pass-
through of pollutants, sludge contami-
nation, or endangerment of POTW
workers).
(57) Slug load. Any pollutant (including BOD)
released in a discharge at a flow rate or
concentration which will cause a violation
of the specific discharge prohibition in 40
C.F.R. section 403.
Supp. No.9
(58) State. State of Kansas.
(59) Standard industrial classification (SIC). A
classification pursuant to the Standard In-
dustrial Classification Manual issued by the
executive office of the president, office of
management and budget, 1972.
(60) Storm drain (storm sewer). A sewer which
carries storm and surface waters and
drainage but excludes wastewater and in-
dustrial wastes, other than unpolluted
cooling water.
(61) Storm sewer. Any flow occurring during or
following any form of natural precipitation
and resulting therefrom.
(62) Suspended solids (SS). Solids that either
float on the surface of, or are suspended in
water, wastewater or other liquids and
which are removable by laboratory filtering.
(63) Terms. Unless the context of usage indi-
cates otherwise, the meaning of terms in
this article that are not defined, shall be as
defined in the latest edition of "Glossary:
Water and Wastewater Control
Engineering" prepared by joint editorial
board of the American Public Health Asso-
ciation, American Society of Civil Engi-
neers, American Water Works Association
and Water Pollution Control Federation.
(64) Total toxic organics. As defined in the ap-
plicable pretreatment standards as found
in 40 C.F.R. Chapter I, subchapter N, parts
405-471.
(65) Toxic pollutant. Any pollutant or combina-
tion of pollutants listed as toxic in regula-
tions promulgated by the administrator of
EP A under the provision of the Clean Water
Act 307(a) (40 C.F.R. part 403 appendix B).
(66) Uniform plumbing code. The latest revi-
sion of the uniform plumbing code published
by the International Association of
Plumbing and Mechanical Officials.
(67) Upset. An exceptional incident in which
there is unintentional and temporary non-
compliance with categorical pretreatment
standards because of factors beyond the rea-
sonable control of the user. An upset does
2418
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WATER AND SEWERS
~ 41-111
not include noncompliance to the extent
caused by operational error, improperly de-
signed treatment facilities, lack of preven-
tative maintenance, or careless or improper
operation.
(68) User. Any person who contributes, causes
or permits the discharge of wastewater into
the city's sanitary sewerage system.
(69) Wastewater. A combination of the water-
carried wastes from residences, business
buildings, institutions and industrial estab-
lishments, together with such ground, sur-
face and stormwaters that may be present.
(70) Wastewater collection system. Each, and all,
of the common lateral sewers, within a pub-
licly owned treatment system, which are
primarily installed to receive wastewaters
directly from facilities which convey waste-
water from individual structures or from
private property, and which include service
connection "Y" fittings designed for con-
nection with those facilities. The facilities
which convey wastewater from individual
structures or from private property to the
public lateral sewer or its equivalent, are
specifically excluded from the definition,
with the exception of pumping units, and
pressurized lines, for individual structures
or groups of structures when such units are
owned and maintained by the City of Sal-
ina, Kansas.
(71) Wastewater treatment plant. Any unit pro-
cesses, facilities, land and appurtenances
thereto, providing primary treatment, sec-
ondary treatment and/or advanced treat-
ment of wastewaters and the resulting
sludges, contributed to the sanitary sew-
erage system.
(72) Water Pollution Control Federal (WPCF) or
publications thereof. The water environment
federation or publications thereof.
(73) Waters of the state. All streams, lakes,
ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irriga-
tion systems, drainage systems and all other
bodies or accumulations of water, surface
or underground, natural or artificial, public
Supp. No.9
or private, which are contained within, flow
through or border upon the state or any
portion thereof.
(74) Watercourse. A channel in which a flow of
water occurs, either continually or inter-
mittently.
(b) Abbreviations. The following abbreviations
shall have the designated meanings:
(1) BOD. Biochemical oxygen demand [five (5)
day, unless otherwise noted as "Ultimate
BOD"].
(2) C.F.R. Code of federal regulations. Any ref.
erence to a section of the C.F.R. shall in-
clude the section as in effect upon the adop-
tion of the ordinance or as it may
subsequently be amended or renumbered.
(3) COD. Chemical oxygen demand.
(4) EPA. Environmental Protection Agency.
(5) K.A.R. Kansas administrative regulations.
Any reference to a section of the K.A.R.
shall include the section as in effect upon
the adoption of the ordinance or as it may
subsequently be amended or renumbered.
(6) KDH&E. Kansas Department of Health and
Environment.
(7) K.8.A. Kansas Statutes Annotated. Any ref-
erence to a section of the K.S.A. shall in-
clude the section as in effect upon the adop-
tion of the ordinance or as it may
subsequently be amended or renumbered.
(8) I. Liter.
(9) Mg. Milligrams.
(10) Mg/I. Milligrams per liter.
(11) NPDES. National pollutant discharge elim-
ination system.
(12) SIC. Standard industrial classification.
(Ord. No. 92-9505, ~ 1, 4-27-92)
Sec. 41.111. General.
It shall be unlawful for any person to place,
deposit or permit to be deposited any human or
animal excrement, garbage or other objectionable
2419
~ 41.111
SALINA CODE
waste in any unsanitary manner on public or pri-
vate property within the city or any area under
the jurisdiction of the city.
(Ord. No. 92-9505, ~ 1,4-27-92)
Sec. 41-112. Treatment required.
It shall be unlawful to discharge any waste-
water or other polluted waters into any natural
outlet except where suitable treatment has been
provided in accordance with subsequent provi-
sions of this chapter.
(Ord. No. 92-9505, ~ 1,4-27-92)
Cross reference-Private wastewater disposal system, ~
18.75.
Sec. 41-113. Privatewastewaterdisposalsys-
tems.
Except as hereinafter provided, it shall be un-
lawful to construct or maintain any privy, privy
vault, septic tank, cesspool, or other facility in-
tended or used for the disposal of wastewater.
(Ord. No. 92-9505, ~ 1,4.27-92)
Sec. 41-114. Requirements.
The owner(s) of all homes, buildings or proper-
ties used for human occupancy, employment, rec-
reation or other purposes, situated within the city
and abutting any street, alley or right-of-way in
which there is now located a sanitary sewer of the
city, is hereby required to install, at the owner(s)
expense, toilet facilities therein and to connect
such facilities directly with the proper public
wastewater collection system in accordance with
the provisions of this article within ninety (90)
days after the official notice to do so, provided
that the public wastewater collection system is
within one hundred (100) feet of the property line.
The director or health officer shall have the au.
thority to require connection to the public waste-
water collection system when the system is over
one hundred (100) feet from the property line in
cases where a health hazard exists.
(Ord. No. 92-9505, ~ 1, 4-27-92)
Sec. 41-115. Sewer connections.
No sewer connection will be permitted for areas
outside the city limits until the developer or owner
obtains approval from the governing body. Any
Supp. No.9
sewer lines needed to connect with existing city
sewer mains and laterals must conform to city
and state specifications.
(Ord. No. 92-9505, ~ 1, 4-27-92)
Sees. 41-116-41.124. Reserved.
ARTICLE VI. INSTALLATION AND
CONNECTION OF BUILDING SEWERS
AND DRAINS
Sec. 41.125. General.
No unauthorized person shall uncover, make
any connections with or opening into, use, alter,
or disturb any public sewer or appurtenance
thereof without first obtaining a written permit
from the director.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sec. 41-126. Permit required.
There shall be one class of building sewer permit
for residential and commercial service. The owner
or his agent shall make application on a special
form furnished by the city. 'I'he permit applica.
tion shall be supplemented by any plans, specifi-
cations, or other information considered pertinent
in the judgment of the director. A permit and in-
spection fee for a residential or commercial
building sewer permit shall be paid to the city
clerk at the time the application is filed. Permits
for industrial wastes are covered under section
41-196.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sec. 41-127. Indemnification.
All cost and expenses incident to the installa-
tion and connection of the building sewer shall be
borne by the owner. The owner shall indemnify
the city from any loss or damage that may di-
rectly or indirectly be occasioned by the installa.
tion of the building sewer.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sec. 41-128. Building sewer.
A separate and independent building sewer shall
be provided for every building except where one
building stands at the rear of another on an inte.
2420
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WATER AND SEWERS
~ 41-135
rior lot and no sewer is available or can be con-
structed to the rear building through an adjoining
alley, courtyard, or driveway. The building sewer
from the front building may be extended to the
rear building and the whole considered as one
building sewer. In all buildings in which any
building drain is too low to permit gravity flow to
the public wastewater collection system, the waste.
water carried by such a building drain shall be
lifted by an approved means and discharged to
the building sewer.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Cross reference-Requirements, ~ 41-114.
Sec. 41.129. Existing building sewer.
Old building sewers may be used in connection
with new buildings only when they are found, on
examination and test by the director, to meet all
requirements of this chapter.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sec. 41.130. Sewer construction.
The size, slope, alignment, materials of construc-
tion of a building sewer, and the methods to be
used in excavating and backfilling the trench, in-
stalling jointing, and testing the building sewer,
shall conform to the uniform plumbing code as
hereinafter modified.
(Ord. No. 84-9007, ~ 1,3-26-84)
Sec. 41.131. Minimum pipeline diameter.
Minimum internal pipeline diameter for all
building sewers shall be four (4) inches.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sec. 41.132. Pipeline materials.
Building sewers shall be constructed of one of
the following pipeline materials:
(1) Extra-strength vitrified clay pipeline and
fittings conforming to ASTM C 700.
(2) Polyvinyl chloride (PVC) gravity sewer pipe
and fittings, Type PSP or PSM conforming
to ASTM standards D 3033 or D 3034. All
PVC sewer pipe shall be at least Schedule
40.
(3) ABS composite sewer pipe conforming to
ASTM D 2680.
Supp. No.9
(4) Reinforced plastic mortar pipe conforming
to ASTM D 3262.
(5) Cast or ductile iron pipe with a minimum
pressure rating of one hundred fifty (150)
pounds per square inch conforming to fed.
eral specification WW.P421b, or American
National Standards Institute (ANSI)
A21.51, A21.6 or A21.8, except that iron
used in the manufacture of the pipe shall
have minimum design strength value, in
pounds per square inch, of twenty-one thou-
sand (21,000) for bursting strength and
forty-five thousand (45,000) for modulus of
rupture.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sec. 41.133. Inflow sources.
No person shall make connection of roof down.
spouts, exterior or interior foundation drains,
areaway drains, or other sources of surface runoff
or groundwater to a building sewer or building
drain which in turn is connected directly or indi-
rectly to a public wastewater collection system.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sec. 41-134. Building sewer connections.
The connection of the building sewer into the
public wastewater collection system shall con-
form to the requirements of the uniform plumbing
code or other applicable rules and regulations of
the city. All such connections shall be made
gastight and watertight. Any deviation from the
prescribed procedures and materials must be ap-
proved by the director before installation.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sec. 41-135. Connection inspection.
The applicant for the building sewer permit
shall notify the building inspector when the
building sewer is ready for inspection and connec-
tion to the public sewer. The connection shall be
made under the supervision of the director or his
representative.
(Ord. No. 84-9007, ~ 1, 3-26-84)
2421
~ 41-136
SALINA CODE
Sec. 41.136. Safety.
All excavations for building sewer installation
shall be adequately guarded with barricades and
lights so as to protect the public from hazard.
Streets, sidewalks, parkways, and other public
property disturbed in the course of the work shall
be restored in a manner satisfactory to the di-
rector.
(Ord. No. 84-9007, ~ 1, 3-26-84)
Sees. 41.137-41.144. Reserved.
ARTICLE VII. DISCHARGE CRITERIA.
Sec. 41.145. General.
No person shall discharge or cause to be dis-
charged any stormwater, surface water, ground-
water, roof runoff, subsurface drainage, uncon-
taminated cooling water, or unpolluted industrial
process waters to any sanitary sewer. Stormwater
and all other unpolluted drainage shall be dis-
charged to sewer specifically designated as storm
sewers by the director or to a natural outlet. Such
flows are also subject to federal and state regula-
tions.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.146. General discharge prohibitions.
No person shall contribute or cause to be con-
tributed, directly or indirectly, any pollutant(s)
which cause pass through or interference. Any
trucked or hauled pollutants shall not be contrib-
uted, directly or indirectly, to the POTW except at
discharge points designated by the POTW. These
general prohibitions and the specific prohibitions
enumerated in this article apply to each user in-
troducing pollutants into a POTW whether or not
the user is subject to other national pretreatment
standards or any other national, state or local pre-
treatment standards or requirements.
(Ord. No. 92-9505, ~ 2, 4-27-92)
*Editor's note-Sections 2 and 5 of Ord. No. 92-9505,
adopted April 27, 1992, repealed Art. VII, U 41-145-41-163
and provided for a new Art. VII to read as herein set out.
Formerly, Art. VII pertained to similar subject matter and
derived from Ord. No. 84-9007, ~ I, adopted March 26, 1984.
Supp. No.9
Sec. 41.147. Flammable or explosive mate-
rials.
No person shall discharge or cause to be dis-
charged any pollutants which create a fire or ex-
plosion hazard in the POTW, including, but not
limited to, waste streams with a closed cup flash-
point of less than one hundred forty (140) degrees
Fahrenheit (60 degrees Centigrade) using the test
methods specified in 40 C.F.R. section 261.21.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.148. Solid or viscous substances.
No person shall discharge or cause to be dis-
charged any solid or viscous substances which may
cause obstruction, interference, or pass through
to the POTW such as, but not limited to: Petro-
leum oil, nonbiodegradable cutting oil, products
of mineral oil origin, grease or garbage with par.
ticles greater than one-half inch in any dimen-
sion, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole
blood, feathers, ashes, cinders sand, spent lime,
stone or marble dust, metal, glass, straw, shav-
ings, grass clippings, rags, spent grains, spent
hops, waste paper, wood, plastics, gas, tar, as-
phalt residues, residues from refining, or pro.
cessing of fuel or lubricating oil, mud or glass
grinding, polishing wastes, or any waste con-
taining fats, wax, grease or oil, whether emulsi.
fied or not, in excess of one hundred (100) milli-
grams per liter (100 mgll) or containing substances
which may solidify or become viscous at temper-
atures between thirty-two (32) degrees Fahren-
heit and one hundred twenty (120) degrees Fahr.
enheit.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41-149. pH limitations.
No person shall discharge or cause to be dis-
charged any wastewater having a pH less than
5.0 or higher than 9.0, or wastewater having any
other corrosive property capable of causing damage
or hazard to structures, equipment and/or per-
sonnel.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.150. Toxic pollutants.
No person shall discharge or cause to be dis-
charged any wastewater containing toxic pollut-
2422
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WATER AND SEWERS
~ 41-157
ants in sufficient quantity, either singly or by in-
teraction with other pollutants, to injure or
interfere with any wastewater treatment process,
which result in the presence of toxic gases, va-
pors, or fumes within the POTW in a quantity
that may cause acute worker health and safety
problems, create a toxic effect in the receiving
waters of the sanitary sewerage system or to ex-
ceed the limitation set forth in a federal categor-
ical pretreatment standard. A toxic pollutant shall
include, but not be limited to, any pollutant iden-
tified pursuant to section 307(a) of the Clean Water
Act.
(Ord.. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.151. Noxious or malodorous.
No person shall discharge or cause to be dis-
charged any noxious or malodorous liquids, gases
or solids which either singly or by interaction with
other wastes are sufficient to create a public nui-
sance or hazard to life or are sufficient to prevent
entry into the sewers for maintenance and repair.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41-152. Reuse or reclamation of waste.
No person shall discharge or cause to be dis-
charged any substance which may cause the waste-
water treatment plant effluent or any other
product of the sanitary sewerage system such as
residues, sludges or scums to be unsuitable for
reclamation and reuse or to interfere with the rec-
lamation process. In no case shall a substance dis-
charge cause the sanitary sewerage system to be
in noncompliance with sludge use or disposal cri-
teria, guidelines or regulations developed under
section 405 of the act; any criteria, guidelines or
regulations affecting sludge use or disposal devel-
oped pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substances Control
Act or state criteria applicable to the sludge man-
agement method being used.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41-153. NPDES permit violation.
No person shall discharge or cause to be dis-
charged any substance which will cause the san-
itary sewerage system to violate its NPDES and/or
state disposal system permit or the receiving water
Supp. No.9
quality standards set forth in K.A.R. 28-16-28b
through 28-16-28f.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.154. Color, taste or odor limitations.
No person shall discharge or cause to be dis-
charged any wastewater with objectionable color,
taste or odor-producing substances not removed
in the treatment process, such as, but not limited
to phenols, dye wastes and vegetable tanning so-
lutions.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.155. Temperature limitations.
No person shall discharge or cause to be dis-
charged any wastewater having a temperature
which will inhibit biological activity in the waste-
water treatment plant resulting in interference,
but in no case heat in such quantities that the
influent temperature at the wastewater treat-
ment plant exceeds forty (40) degrees Centigrade
(104 degrees Fahrenheit).
(Ord. No. 92.9505, ~ 2, 4-27-92)
Sec. 41-156. Oxygen demanding pollutants.
No person shall discharge or cause to be dis-
charged any pollutants, including oxygen de.
manding pollutants (BOD, etc.) released at a flow
rate and/or pollutant concentration which a user
knows or has reason to know will cause interfer-
ence to the sanitary sewerage system. In no case
shall a slug load have a flow rate or contain con-
centrations or qualities of pollutants that exceed
for any time period longer than fifteen (15) min.
utes more than five (5) times the average twenty-
four (24) hour concentration, quantities or flow
during normal operation.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41-157. Radioactive waste.
No person shall discharge or cause to be dis-
charged any wastewater containing any radioac-
tive waste or isotopes of such half-life or concen-
tration as may exceed limits established by the
director in compliance with applicable state or fed-
eral regulations.
(Ord. No. 92-9505, ~2, 4-27-92)
2423
~ 41-158
SALINA CODE
Sec. 41-158. Hazardous or nuisance mate-
rials.
(a) No person shall discharge or cause to be dis-
charged substances, materials, water or wastes
which create a public nuisance. No materials shall
be discharged, other than aqueous mixtures gen-
erated during normal process operations, that are
considered hazardous as defined by 40 C.F.R. sec-
tion 261.21 (ignitable), section 261.22 (corrosive),
section 261.23 (reactive), section 261.24 (EP tox-
icity), section 261.31 (hazardous waste from non-
specific sources), and section 261.32 (hazardous
waste from specific sources). Under no circum-
stances shall concentrated hazardous wastes be
discharged to the sewer system.
(b) The user shall notify the POTW, the EPA
regional waste management division director, and
state hazardous waste authorities in writing of
any discharge into the POTW of a substance,
which, if otherwise disposed of, would be a haz-
ardous waste under 40 C.F.R. part 261. Such no-
tification must include the name of the hazardous
waste as set forth in 40 C.F.R. part 261, the EPA
hazardous waste number, and the type of dis-
charge (continuous, batch, or other). If the user
discharges more than one hundred (100) kilograms
of such waste per calendar month to the POTW,
the notification shall also contain the following
information to the extent such information is
known and readily available to the user:
(1) An identification of the hazardous constit-
uents contained in the wastes;
(2) An estimation of the mass and concentra-
tion of such constituents in the wastestream
expected to be discharged during that cal-
endar month; and
(3) An estimation of the mass of constituents
in the wastestream expected to be dis-
charged during the following twelve (12)
months.
All notifications must take place within one hun-
dred eighty (180) days of the effective date of this
article. Users who commence discharging after the
effective date of this article shall provide the no-
tification no later than one hundred eighty (180)
days after the discharge of the listed or character-
istic hazardous waste. Any notification under this
Supp. No.9
paragraph need be submitted only once for each
hazardous waste discharged. However, notifica-
tions of changed discharges must be submitted
under section 41-190a. The notification require-
ment in this section does not apply to pollutants
already reported under the self-monitoring re-
quirements of 40 C.F.R. section 403.12(b)(d) and
(e).
(c) Discharges are exempt from the require-
ments of paragraph (b) of this section during a
calendar month in which they discharge no more
than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous waste as
specified in 40 C.F.R. section 261.30(d) and (e).
Discharge of more than fifteen (15) kilograms of
non-acute hazardous wastes in a calendar month,
or of :any quantity of acute hazardous wastes as
specified in 40 C.F.R. section 261.30(d) and (e) re-
quires a one-time notification. Subsequent months
during which the user discharges more than such
quantities of any hazardous waste do not require
additional notification.
(d) In case of any new regulations under sec-
tion 3001 of the Resource Conservation and Re-
covery Act (RCRA) identifying additional charac-
teristics of hazardous waste or listing any
additional substance as a hazardous waste, the
user must notify the POTW, the EP A regional
waste management waste division director, and
state hazardous waste authorities of the discharge
of such substance within ninety (90) days of the
effective date of such regulation.
(e) In the case of any notification made under
this section, the user shall certify that it has a
program in place to reduce the volume and tox-
icity of hazardous wastes generated to the degree
it has determined to be economically practical.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41-159. Enforcement action.
If any waters or wastes are, or are proposed to
be, discharged to the public wastewater collection
system, which contain the substances or possess
the characteristics enumerated in sections 41-147
through 41-158 of this article, the director may:
(1) Reject the wastes (see sections 41-6, 41-
172),
2424
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WATER AND SEWERS
(2) Require pretreatment to an acceptable con-
dition for discharge to the public waste-
water collection system,
(3) Require control over the quantities and
rates of discharge, and/or
(4) Require payment to cover the added cost of
handling and treating the waste not cov-
ered by existing taxes or user charges.
If the director permits the pretreatment or
equalization of waste flows, the design and instal-
lation of the plants and equipment shall be sub-
ject to the review and approval of the director,
and subject to the requirements of all applicable
codes, ordinances, and laws. Where preliminary
treatment or flow-equalizing facilities are pro-
vided for any water wastes, they shall be main-
tained continuously in satisfactory and effective
operation by the owner, at his expense.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.160. Grease, flammable wastes and
sand.
Grease, oil and sand interceptors shall be pro.
vided when, in the opinion of the director, they
are necessary for the proper handling of liquid
wastes containing grease in excessive amounts,
or any flammable waste, sand, or other harmful
ingredients; except that such interceptors shall
not be required for private living quarters or
dwelling units. All interceptors shall be of a type
and capacity approved by the director and shall
be located as to be readily and easily accessible
for cleaning and inspection.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.161. Control manhole.
When required by the director, the owner of
any property serviced by a building sewer car-
rying industrial wastes shall install a suitable con-
trol manhole together with such necessary meters
and other appurtenances to the building sewer, to
facilitate observation, sampling, and measure-
ment of the wastes. Such a manhole, when re-
quired, shall be accessibly and safely located, and
shall be constructed in accordance with plans ap-
proved by the director. The manhole shall be in-
stalled by the owner at his expense, and shall be
Supp. No.9
~ 41.171
maintained by him so as to be safe and accessible
at all times.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.162. Test procedures.
All analysis required by an industrial waste.
water discharge permit shall conform to the tech.
niques prescribed in 40 C.F.R. part 136. All self-
monitoring analysis or compliance monitoring
requires the use of a laboratory certified by KDHE
for both the method of analysis and the param-
eter. For each measurement or sample the per-
mittee shall record the exact place, date, and time
of sampling, the date of the analysis, the analyt-
ical techniques or methods used, and the individ-
ual(s) or name of the laboratory who performed
the sampling and analysis and results. If the per-
mittee monitors any pollutant at the location(s)
designated in the industrial wastewater discharge
permit more frequently than required, using ap-
proved procedures, the results shall be included
in the periodic compliance report. Such increased
frequencies shall also be indicated.
(Ord. No. 92-9505, ~ 2, 4-27-92)
Sec. 41.163. Pretreatment.
Any pretreatment standards, as established by
state, federal, or other public agencies of jurisdic-
tion for such discharge, will be used as the min-
imum requirements by the director as applied to
this chapter.
(Ord. No. 92-9505, ~ 2,4-27-92)
Secs. 41.164-41-170. Reserved.
ARTICLE VIII. PENALTIES AND
VIOLATIONS.
Sec. 41.171. Vandalism.
No unauthorized person shall maliciously, will.
fully, or negligently break, damage, destroy, un-
cover, deface, or tamper with any structure, ap-
.Editor's note-Sections 3 and 5 of Ord. No. 92-9505,
adopted April 27, 1992, repealed Art. VIII, ~~ 41-171-41-173,
and provided for a new Art. VIII to read as herein set out.
Formerly, Art. VIII pertained to similar subject matter and
derived from Ord. No. 84-9007, ~ 1, adopted March 26, 1984.
2425
~ 41-171
SALINA CODE
purtenance, or equipment which is a part of the
sanitary sewerage system_ Any person violating
this provision shall be subject to immediate arrest
under charge of disorderly conduct.
(Ord. No. 92-9505, ~ 3, 4-27-92)
Sec. 41-172. Notice.
Any user found to be violating any provision of
articles V through VII shall be served by the city
with written notice stating the nature of the vio-
lation. The offender shall permanently cease all
violations.
(Ord. No. 92-9505, ~ 3, 4-27-92)
Sec. 41-173. Penalties and recovery of losses
of the city.
Any user who violates articles V through VII:
(1) Shall be guilty of a misdemeanor, and on
conviction thereof shall be fined in an
amount up to one thousand dollars
($1,000.00) for each violation, or imprison-
ment not exceeding thirty (30) days, or by
both such fine and imprisonment. If the con-
viction is for a violation committed after a
first conviction, punishment shall be a fine
of up to one thousand dollars ($1,000.00) for
each violation, or imprisonment not ex-
ceeding ninety (90) days, or by both such
fine and imprisonment. Each day in which
any such violation shall continue shall be
deemed a separate offense.
(2) Shall become liable to the city for any ex-
penses (including legal fees), costs, losses,
fines, penalties, damages, or judgments in-
curred by the city, arising out of such vio-
lation.
(Ord. No. 92.9505, ~ 3, 4-27-92)
Sees. 41-174-41-180. Reserved.
ARTICLE IX. INDUSTRIAL
PRETREATMENT.
*Editor's note-Sections 4 and 5 of Ord. No. 92-9505,
adopted April 27, 1992, repealed Art. IX, U 41.181-41-219,
and provided for a new Art. IX to read as herein set out.
Formerly, Art. IX pertained to similar subject matter and de-
rived from Ord. No. 84-9007, ~ 1, adopted March 26, 1984.
Supp. No.9
Sec. 41-181. Purpose.
The purpose of this article is:
(1) To prevent the introduction of pollutants
into the sanitary sewerage system which
could interfere with the normal operation
of the system, and/or contaminate the re-
sulting sludge;
(2) To prevent the introduction of pollutants
into the sanitary sewerage system which
could pass through the system, inade-
quately treated, into receiving waters or the
atmosphere or otherwise be incompatible
with the system; and
(3) To improve the opportunity to recycle and
reclaim wastewaters and sludges from the
system.
(Ord. No. 92-9505, ~ 4, 4.27.92)
Sec. 41-182. Policy.
This article provides for the regulation of con-
tributors to the sanitary sewerage system through
the issuance of permits to certain users, as deter-
mined by the director, and through enforcement
of general requirements for the other users, au-
thorizes monitoring and enforcement activities,
requires user reporting, assumes that existing cus-
tomer's capacity will not be preempted and pro.
vides for the setting of charges and fees for the
equitable distribution of costs resulting from the
program established herein.
(Ord. No. 92-9505, ~ 4, 4.27.92)
Sec. 41-183. Application, administration and
enforcement.
This article shall apply to all users that dis-
charge industrial wastes into the sanitary sew-
erage system. Except as otherwise provided herein,
the director shall administer, implement and en-
force the provisions of this article. To assist in the
enforcement of the provisions of this article, the
director is authorized to develop, implement, and
amend as may be necessary from time to time, an
industrial pretreatment program enforcement
policy. The guidelines contained in the policy shall
be regarded as guidance for minimum action and
2426
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WATER AND SEWERS
shall not preclude more strenuous action under
this article if deemed necessary by the director.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-184. General discharge prohibitions.
No user shall contribute or cause to be contrib-
uted, directly or indirectly, any pollutant or waste-
water which will interfere with the operation or
performance of the sanitary sewerage system as
listed under section 41-146.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-185. Federal categorical pretreat.
ment standards.
Industrial users shall provide necessary waste-
water treatment as required to comply with the
most stringent provisions of this article, federal
pretreatment standards, as established by 40
C.F.R. chapter I, subchapter N, parts 405-471,
state standards and permit conditions, and shall
achieve compliance with all national categorical
pretreatment standards within the time limita-
tions as specified by the federal pretreatment reg-
ulations, and with any other pretreatment stan-
dards by applicable deadlines.
(Ord. No. 92-9505, ~ 4, 4-27.92)
Sec. 41.186. Modification of federal categor.
ical pretreatment standards.
Where the city's sanitary sewerage system
achieves consistent removal of pollutants limited
by federal pretreatment standards, the city may
apply to the approval authority for modification
of specific limits in the federal pretreatment stan-
dards if the requirements contained in 40 C.F.R.
section 403.7, are fulfilled.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.187. State requirements.
State requirements and limitations on dis-
charges shall apply in any case where they are
more stringent than federal requirements and lim-
itations or those in this chapter.
(Ord. No. 92-9505, ~ 4, 4-27.92)
Supp. No.9
~ 41.190.1
Sec. 41.188. City's right of revision.
The city reserves the right to establish by ordi-
nance more stringent limitations or requirements
on discharges to the sanitary sewerage system if
deemed necessary to comply with the objectives
presented in section 41-181..
(Ord. No. 92-9505, ~ 4, 4-27.92)
Sec. 41.189. Dilution.
No permittee shall increase the use of potable,
cooling, or process water, or in any way, attempt
to dilute a discharge as a partial or complete sub-
stitute for adequate treatment to achieve compli-
ance with the limitations contained in the federal
categorical pretreatment standards, or any other
pollutant-specific limitation(s) developed by the
city or state.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.190. Accidental discharge.
Each user, subject to the requirements of this
article, shall provide protection from accidental
discharge of prohibited materials or other sub-
stances regulated by this article. Facilities reo
quired to prevent accidental discharge of prohib-
ited materials shall be provided and maintained
at the user's own cost and expense. Detailed plans,
showing facilities and operating procedures to pro-
vide this protection, shall be submitted to the city
for review and approval by the city before con-
struction of the facility. Review and approval of
such plans and operating procedures shall not re-
lieve the user from the responsibility to modify
the facility as necessary to meet the requirements
of this article. All categorical and noncategorical
users shall notify the POTW immediately of all
discharges that could cause problems to the
POTW, including any slug loadings, by the user.
In the case of an accidental discharge, it is the
responsibility of the user to immediately tele-
phone and notify the director of the incident}he
notification shall include location of discharge,
type of waste, concentration and volume and cor-
rective actions.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.190.1. Notification of changed dis.
charge.
All industrial users shall promptly notify the
POTW in advance of any substantial change in
24.27
!l 41-190.1
SALINA CODE
the volume or character of pollutants in their dis-
charge, including the listed or characteristic haz-
ardous wastes for which the industrial user has
submitted initial notification under 40 C.F.R. sec-
tion 403.12(p).
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.191. Noncompliance notification.
If for any reason, the industrial user does not
comply with or will be unable to comply with any
effiuent limitations specified in this ordinance or
the industrial wastewater discharge permit, the
user shall provide the department with the fol-
lowing information:
(1) Immediately upon becoming aware of such
a condition verbal notification must be
made containing the following information:
a. A description of the discharge and
cause of noncompliance, and
b. The period of noncompliance including
exact date and times or if not corrected,
the anticipated time the noncompliance
is expected to continue, and the steps
taken to reduce, eliminate and prevent
recurrence of the noncomplying dis-
charge.
(2) Within five (5) days of becoming aware of
such a condition a written report must be
submitted containing the following infor-
mation:
a. A description of the discharge and
cause of noncompliance, and
b. The period of noncompliance including
exact dates and times or if not cor-
rected, the anticipated time the non-
compliance is expected to continue, and
the steps taken to reduce, eliminate and
prevent recurrence of the noncomplying
discharge.
The above information shall also be pro-
vided with the submittal of the periodic com-
pliance report.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.192. Notice to employees.
A notice shall be permanently posted on the
user's bulletin board or other prominent place ad-
Supp. No.9
vising employees whom to call in the event of a
dangerous discharge. Employers shall ensure that
all employees who may cause or suffer such a dan-
gerous discharge to occur are advised of the emer-
gency notification procedure.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.193. Fees.
It is the purpose of this article to provide for the
recovery of costs from users of the city's sanitary
sewerage system for the implementation of the
program established herein.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.194. Charges and fees.
The city may adopt charges and fees which may
include:
(1) Fees for reimbursement of costs of setting
up and operating the city's pretreatment
program;
(2) Fees for monitoring, inspections and sur-
veillance procedures;
(3) Fees for reviewing accidental discharge pro-
cedures and construction;
(4) Fees for permit applications;
(5) Fees for filing appeals;
(6) Fees for consistent removal by the city of
pollutants otherwise subject to federal pre-
treatment standards;
(7) Other fees as the city may deem necessary
to carry out the requirements contained
herein.
The fees relate solely to the matters covered by
this article and are separate from all other fees
chargeable by the city.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.195. Wastewater discharges.
No industrial user as defined in this chapter
shall discharge any wastewater into the POTW
contained within the jurisdiction of the city
without a city permit.
(Ord. No. 92-9505, ~ 4, 4-27-92)
2428
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WATER AND SEWERS
~ 41-197
Sec. 41.196. General permits.
All nondomestic users proposing to connect or
to contribute to the sanitary sewerage system shall
obtain a wastewater discharge permit before con-
necting to or contributing to the sanitary sew-
erage system. Certain existing users identified by
the director connected to or contributing to the
sanitary sewerage system shall obtain a waste-
water discharge permit within one hundred eighty
(180) days after the effective date of this article.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.197. Permit application.
Users required to obtain a wastewater discharge
permit shall complete and file with the city an
application in the form prescribed by the city, and
accompanied by a fee of one hundred dollars
($100.00). Existing users shall apply for a waste-
water discharge permit within thirty (30) days
after the effective date of this article and proposed
new users shall apply at least ninety (90) days
prior to connecting to the sanitary sewerage
system. In support of the application, the user shall
submit, in units and terms appropriate for evalu-
ation, the following information:
(1) Name, address and location (if different
from the address);
(2) SIC number according to the Standard In-
dustrial Classification Manual, Bureau of
the Budget, 1972, as amended;
(3) Wastewater constituents and characteris-
tics including, but not limited to, those men-
tioned in sections 41-184 through 41.190 as
determined by a KDH&E certified analyt-
icallaboratory; sampling and analysis shall
be performed in accordance with the proce.
dures established by the EP A pursuant to
section 304(g) of the act and contained in 40
C.F.R. part 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and three-minute peak waste-
water flow rates, including daily, monthly
and seasonal variations if any;
(6) Site plans, floor plans, mechanical and
plumbing plans and details to show all
Supp. No.9
sewers, sewer connections and appurte-
nances by the size, location and elevation;
(7) Description of activities, facilities and plant
processes on the premises including all ma-
terials which are or could be discharged;
(8) The nature and concentration of any pol-
lutants in the discharge which are limited
by any city, state or federal pretreatment
standards and a statement regarding
whether or not the pretreatment standards
are being met on a consistent basis and if
not, whether additional operation and main.
tenance (O&M) and/or additional pretreat-
ment is required for the user to meet appli-
cable pretreatment standards;
(9) If pretreatment or other measures will be
required to meet the pretreatment stan-
dards, the shortest schedule by which the
user will provide such additional pretreat-
ment. The completion date in this schedule
shall not be later than the compliance date
established for the applicable pretreatment
standard. The following conditions shall
apply to this schedule:
a. The schedule shall contain increments
of progress in the form of dates for the
commencement and completion of
major events leading to the construe.
tion and operation of additional pre.
treatment required for the user to meet
the applicable pretreatment standards
(e.g., hiring an engineer, completing
preliminary plans, completing final
plans, review and approval of construc-
tion plans by the director, executing
contract for major components, com-
mencing construction, completing con-
struction, etc.).
b. No increment referred to in paragraph
a. shall exceed nine (9) months.
c. Not later than fourteen (14) days fol-
lowing each date in the schedule and
the final date for compliance, the au-
thorized representative of the user shall
submit a progress report to the director
including, as a minimum, whether or
not it complied with the increment of
progress to be met on such date and, if
2429
!l 41-197
SALINA CODE
not, the date on which it expects to
comply with this increment of progress,
the reason for delay and the steps being
taken by the user to return the con-
struction to the schedule established.
In no event shall more than nine (9)
months elapse between such progress
reports to the director.
(10) Each product produced by type, amount,
process or processes and rate of production;
(11) Type and amount of raw materials pro-
cessed (average and maximum per day);
(12) Number and type of employees and hours
of operation of plant and proposed or actual
hours of operation of pretreatment system;
(13) The user shall submit a list of any environ-
mental control permits held by or for the
facility.
(14) Any other information as may be deemed
by the director to be necessary to evaluate
the permit application.
The city will evaluate the data furnished by the
user and may require additional information. After
evaluation and acceptance of the data furnished,
the city may issue a wastewater discharge permit
subject to terms and conditions provided herein.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.198. Permit modifications.
As soon as possible subsequent to the promul-
gation of changes to any national categorical pre-
treatment standard, the wastewater discharge
permit of the users subject to such standards shall
be revised to require compliance with such stan-
dard within the time frame prescribed by such
standard. Where a user subject to a national cat-
egorical pretreatment standard has not previously
submitted an application for a wastewater dis-
charge permit as required by section 41-197, the
user shall apply for a wastewater discharge permit
within forty-five (45) days after the promulgation
of the applicable national categorical pretreat-
ment standard. In addition, the user with an ex-
isting wastewater discharge permit shall submit
to the director within one hundred eighty (180)
days after the promulgation of an applicable fed-
Supp. No.9
eral categorical pretreatment standard, the infor-
mation required by subsections (8) and (9) of sec-
tion 41.197.
(Ord. No. 92.9505, ~ 4, 4-27-92)
Sec. 41.199. Permit conditions.
Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other
applicable regulations, and charges and fees es-
tablished by the city. Permits shall contain the
following:
(1) Statement of duration;
(2) Statement of nontransferability without, at
a minimum, prior notification to the POTW
and provision of a copy of the existing con-
trol mechanism to the new owner or oper-
ator;
(3) Effiuent limits based on applicable general
pretreatment standards in 40 C.F.R. part
403, categorical pretreatment standards,
local limits, and state and local law;
(4) Self-monitoring sampling, reporting, noti-
fication and record keeping requirements,
including an identification of the pollut-
ants to be monitored, sampling location,
sampling frequency, and sample type, based
on the applicable general pretreatment
standards contained in 40 C.F.R. part 403,
categorical pretreatment standards, local
limits, and state and local law;
(5) Statement of applicable civil and criminal
penalties for violation of pre treatment stan-
dards and requirements, and any applicable
compliance schedule. Such schedules may
not extend the compliance date beyond ap-
plicable federal deadline.
(6) Other conditions as deemed appropriate by
the city to ensure compliance with this ar-
ticle.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-200. Permit duration.
Permits shall be issued for a specific time pe-
riod, not to exceed two (2) years. A permit may be
issued for a period less than a year or may be
stated to expire on a specific date. The user shall
2430
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WATER AND SEWERS
~ 41-204
apply for permit reissuance a minimum of ninety
(90) days prior to the expiration of the user's ex-
isting permit. The terms and conditions of the
permit may be subject to modification by the city
during the term of the permit as limitations or
requirements as identified in sections 41-184
through 41-190 are modified or other just causes
exist. The user shall be informed of any proposed
changes in his permit at least thirty (30) days
prior to the effective date of change. Any changes
or new conditions in the permit shall include a
reasonable time schedule for compliance.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-201. Permit transfer.
Wastewater discharge permits are issued for a
specific user for a specific operation. A waste-
water discharge permit shall not be reassigned or
transferred or sold to a new owner, new user, dif.
ferent premises, or a new or changed operation
without the approval of the director.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.202. Compliance date report.
Within ninety (90) days following the date for
final compliance with applicable pretreatment
standards or, in the case of a new source, fol.
lowing commencement of the introduction of
wastewater into the sanitary sewerage system,
any user subject to pretreatment standards and
requirements shall submit to the director a report
indicating the nature and concentration of all pol-
lutants in the discharge from the regulated pro-
cess which are limited by pretreatment standards
and requirements and the average and maximum
daily flow for these process units in the user's
facility which are limited by such pretreatment
standards or requirements. The report shall state
whether the applicable pretreatment standards or
requirements are being met on a consistent basis
and, if not, what additional pretreatment is nec-
essary to bring the user into compliance with the
applicable pretreatment standards or require-
ments. This statement shall be signed by an au-
thorized representative of the user, and certified
by a licensed professional engineer in the State of
Kansas.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Supp. No.9
Sec. 41-203. Periodic compliance reports, self
monitoring.
(a) Any user subject to a pretreatment stan-
dard, after the compliance date of such pretreat-
ment standard or, in the case of a new source,
after commencement of the discharge into the san-
itary sewerage system shall submit to the di.
rector during the months of June and December,
unless required more frequently in the pretreat-
ment standard or by the director, a report indi-
cating the nature and concentration of pollutants
in the effiuent which are limited by such pretreat-
ment standards. In addition this report shall in-
clude a record of the estimated average and max-
imum daily flows during the reported period. At
the discretion of the director and in consideration
of such factors as local high or low flow rates,
holidays, budget cycles, etc., the director may
agree to alter the months during which the above
reports are to be submitted.
(b) The director may impose mass limitations
on users, where the imposition of mass limita-
tions are appropriate, to meet applicable pretreat-
ment standards or requirements. In such cases,
the report required by section 41-203(a) above shall
indicate the mass of pollutants regulated by pre.
treatment standards in the effluent of the user.
These reports shall contain the results of sam-
pling and analysis of the discharge, including the
flow and the nature and concentration, or produc.
tion and mass, where requested by the director, of
pollutants contained therein which are limited by
the applicable pretreatment standards. The fre.
quency of monitoring shall be prescribed in the
applicable pretreatment standard. All analysis
shall be performed by a KDH&E certified labora-
tory in accordance with the procedures established
by the EP A pursuant to section 304(h) of the act
and contained in 40 C.F.R. part 136 and amend-
ments thereto or with any other test procedures
approved by the EP A. Sampling shall be performed
in accordance with the techniques approved by
the EP A.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-204. Monitoring facilities.
(a) The city shall require monitoring facilities
to be provided and operated at the user's own ex-
2431
~ 41-204
SALINA CODE
pense and to allow inspection, sampling and flow
measurements of the building sewer and/or in-
ternal drainage systems. The monitoring facility
should normally be situated on the user's pre-
mises, but the city may, when such a location
would be impractical or cause undue hardship on
the user, allow the facility to be constructed in the
public right-of-way and located so that it will not
be obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such
sampling manhole or monitoring facility to allow
accurate sampling and preparation of samples for
analysis. The monitoring facility, sampling and
measuring equipment shall be maintained at all
times in a safe and proper operating condition at
the expense of the user.
(c) Whether constructed on public or private
property, sampling and monitoring facilities shall
be provided in accordance with the city's require-
ments and all applicable local construction stan-
dards and specifications. Construction shall be
completed within ninety (90) days following
written notification by the city.
(Ord. No~ 92-9505, ~ 4, 4-27-92)
Sec. 41.205. Inspection and sampling.
(a) Right of entry. The permittee shall allow au-
thorized representatives of the department,
KDH&E, or division or the EP A upon presenta-
tion of credentials, to enter upon the permittee's
premises and at reasonable time to have access to
and copy any record required to be kept by the
industrial user to inspect monitoring equipment
or monitoring method(s) required by the indus-
trial wastewater discharge permit, and to sample
any discharge from the facility or any waste or
material generated or stored on the premises.
(b) Monitoring manhole. When required by the
director, the industrial user shall install a suit-
able monitoring manhole(s) together with such
necessary meters and other appurtenances to fa-
cilitate observation, sampling and monitoring of
wastes. Such a manhole, when required, shall be
readily accessible in a safe location, and shall be
constructed in accordance with plans approved by
the director. The manhole shall be installed by
the industrial user, at the industrial user's ex-
Supp. No.9
pense, and shall be maintained so as to be safe
and accessible at all times.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.206. Pretreatment.
Required users shall provide wastewater treat-
ment as required to comply with this chapter and
shall achieve compliance with all federal categor-
ical pretreatment standards within the time lim-
itations as specified by the federal pretreatment
regulations. Any facilities required to pretreat
wastewater to a level acceptable to the director
shall be provided, operated and maintained at the
user's expense. Detailed plans showing the pre-
treatment facilities and operating procedures shall
be submitted to the director for review and shall
be acceptable to the director before construction
of the facility. The review of such plans andoper-
ating procedures will in no way relieve the user
from the responsibility of modifying the facility
as necessary to produce an effiuent acceptable to
the director under the provisions of this chapter.
Any subsequent changes in the pretreatment fa-
cilities or method of operation shall be reported to
and be approved by the director prior to the user's
initiation of the changes.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-207. Publication of noncompliance.
The director shall biannually publish in the
largest daily newspaper a list of instances of sig-
nificant noncompliance. For purposes of this sec-
tion, instances of significant noncompliance are
industrial users which meet one or more of the
following criteria:
(1) Violations of wastewater discharge limits:
a. Chronic violations. Sixty-six (66) per-
cent or more of the measurements ex-
ceed the same daily maximum limit or
the same average limit in a six-month
period (any magnitude of exceedance).
b. Technical review criteria (TRC) viola-
tions. Thirty-three (33) percent or more
of the measurements exceed the same
daily maximum limit or the same av-
2432
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WATER AND SEWERS
~ 41-209
erage limit by more than the TRC in a
six-month period.
There are two (2) groups of TRCs:
Group I for conventional pollut-
ants (BOD, TSS, fats, oil, and
grease), TRC = 1.4
Group II for all other pollutants,
TRC = 1.2
c. Any other violation(s) of an effluent
limit (average or daily maximum) that
the control authority believes has
caused, alone or in combination with
other discharges, interference (e.g., slug
loads) or pass-through; or endangered
the health of the sewage treatment per-
sonnel or the public.
d. Any discharge of a pollutant that has
caused imminent endangerment to
human health/welfare or to the envi-
ronment and has resulted in the
POTWs exercise of its emergency au.
thority under section 41-210 or 41-211
to halt or prevent such a discharge.
(2) Violations of compliance schedule mile-
stones, contained in a local control mecha-
nism or enforcement order, for starting con-
struction, completing construction, and
attaining final compliance by ninety (90)
days or more after the schedule date.
(3) Failure to provide reports for compliance
schedules, self.monitoring data, or categor-
ical standards (baseline monitoring reports,
ninety-day compliance reports, and peri-
odic reports) within thirty (30) days from
the due date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group violations that
the control authority considers to be signif-
icant.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-208. Recordkeeping requirements.
(a) -. Any industrial user subject to the reporting
requirements established in this ordinance shall
maintain records of all information resulting from
Supp. No.9
any monitoring activities required by this article.
Such records shall include for all samples:
(1) The date, exact place, method, and time of
sampling and the names of the person or
persons taking the samples;
(2) The dates analyses were performed;
(3)
(4)
Who performed the analyses;
The analytical techniques and
used; and
methods
(5) The results of such analyses.
(b) Any user subject to the reporting require-
ments established in this article shall be required
to retain for a minimum of three (3) years any
records of monitoring activities and results
(whether or not such monitoring activities are re-
quired by this section) and shall make such records
available for inspection and copying by the di-
rector, KDH&E, and the EPA except that infor-
mation deemed confidential as defined in Section
41-209. This period of retention shall be extended
during the course of any unresolved litigation re-
garding the user or the POTW or when requested
by the director, KDH&E or the EPA.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-209. Confidential information.
(a) Information and data on a user obtained
from reports, questionnaires, permit applications,
permits and monitoring programs and from in.
spections shall be available to the public or other
governmental agency without restriction unless
the user specifically requests and is able to dem-
onstrate to the satisfaction of the director that the
release of such information would divulge infor-
mation, processes or methods of production enti-
tled to protection as trade secrets of the user.
(b) When requested, the portions of a report
which might disclose trade secrets or secret pro-
cesses shall not be made available for inspection
by the public but shall be made available upon
written request to governmental agencies for uses
related to this article, the national pollutant dis-
charge elimination system (NPDES) permit, and/or
the pretreatment programs; provided, however,
that such portions of a report shall be available
for use by the state or any state agency in judicial
2433
~ 41.209
SALINA CODE
review or enforcement proceedings involving the
person furnishing the report. Wastewater constit-
uents and characteristics will not be recognized
as confidential information.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.210. Harmful contributions.
The director may suspend the sanitary sew-
erage service and/or a wastewater discharge
permit when such suspension is necessary, in the
opinion of the director, in order to stop an actual
or threatened discharge which presents or may
present an imminent or substantial endanger-
ment to the health or welfare of persons, to the
environment, causes interference to the sanitary
sewerage system or causes the city to violate any
condition of its NPDES permit.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.211. Suspension order.
Any person notified of a suspension of the san-
itary sewerage service and/or the wastewater dis-
charge permit shall immediately stop or elimi-
nate the discharge. In the event of a failure of the
person to comply voluntarily with the suspension
order, the director may take such steps as deemed
necessary, including immediate severance of the
sewer connection, and/or severance of the water
supply to prevent or minimize damage to the san.
itary sewerage system or endangerment to any
individuals. The director shall reinstate the waste.
water discharge permit and/or the sanitary sew-
erage service upon proof of the elimination of the
noncomplying discharge. A detailed written state.
ment submitted by the user describing the causes
of the harmful contribution and the measures
taken to prevent any future occurrence shall be
submitted to the director within five (5) days of
the date of occurrence.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.212. Revocation of permit.
Any user who violates the following conditions
of this article or applicable state and federal reg-
ulations is subject to having his permit revoked in
Supp. No.9
accordance with the procedures in sections 41.210
through 41-215;
(1) Failure of a user to factually report the
wastewater constituents and characteris-
tics of his discharge;
(2) Failure of the user to report significant
changes in operations, or wastewater con-
stituents and characteristics;
(3) Refusal of reasonable access to the user's
premises for the purpose of inspection or
monitoring; or
(4) Violation of conditions of the permit.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41-213. Notification of violation.
Whenever the director finds that any user has
violated or is violating this article, the waste-
water discharge permit, or any prohibition, limi-
tation or requirements contained herein, the city
may serve upon such person a written notice
stating the nature ofthe violation. Within five (5)
days of the date of the notice, a plan for the sat-
isfactory correction thereof shall be submitted to
the director by the user.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.214. Show cause hearing.
(a) The director may order any user who causes
or allows an authorized discharge to enter the san-
itary sewerage system to show cause before the
governing body why the proposed enforcement ac-
tion should not be taken. A notice shall be served
on the user specifying the time and place of a
hearing to be held by the governing body regarding
the violation, the reasons why the action is to be
taken, the proposed enforcement action and die
recting the user to show cause before the gov-
erning body why the proposed enforcement action
should not be taken. The notice of the hearing
shall be served personally or by registered or cer.
tified mail (return receipt requested) at least ten
(10) days before the hearing. Service may be made
on any agent or officer of a corporation.
(b) The governing body may itself conduct the
hearing and take the evidence, or may designate
2434.
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WATER AND SEWERS
~ 41-219
any of its members or any officer or employee of
the director to:
(1) Issue in the name of the governing body
notices of hearings requesting the atten-
dance and testimony of witnesses and the
production of evidence relevant to any
matter involved in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and
hearing, including transcripts and other ev-
idence, together with recommendations to
the governing body for action thereon.
(c) At any hearing held pursuant to this article,
testimony taken must be under oath and recorded
stenographically. The transcript, so recorded, will
be made available to any member of the public or
any party to the hearing upon payment of the
usual charges thereof.
(d) After the governing body has reviewed the
evidence, it may issue an order to the user respon-
sible for the discharge directing that, following a
specified time period, the sewer service be discon-
tinued unless adequate treatment facilities, de-
vices or other related appurtenances shall have
been installed or existing treatment facilities, de-
vices, or other related appurtenances are properly
operated. Further orders and directives as are nec-
essary and appropriate may be issued.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.215. Legal action.
If any person violates the provisions of this ar-
ticle, federal or state pretreatment requirements
or any order of the city, the city manager may
cause an action to be brought in the name of the
city in a court of competent jurisdiction for appro-
priate legal and/or equitable relief.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.216. Penalties, costs and losses of
city.
Any user who is found to have violated an order
of the governing body or who has failed to comply
Supp. No.9
with any provision of this article, or the orders,
rules, regulations and permits issued hereunder:
(1) May be assessed a criminal or civil penalty
of up to one thousand dollars ($1,000.00) for
each offense. Each calendar day on which a
violation shall occur or continue shall be
deemed a separate and distinct offense. In
addition to the penalties provided herein,
the city may recover reasonable attorneys'
fees, court costs, and witness fees and ex-
penses against the person found to have vi-
olated this article or the orders, rules, reg-
ulations and permits issued hereunder.
(2) Shall become liable to the city for any ex-
penses (including legal fees), costs, losses,
fines, penalties, damages, or judgments in-
curred by the city, arising out of such vio-
lation.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.217. Falsifying information.
Any person who knowingly makes any false
statements, representation or certification in any
application, record, report, plan or other docu-
ment filed or required to be maintained pursuant
to this article or wastewater discharge permit, or
who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method reo
quired under this article shall, upon conviction,
be punished by a fine of up to one thousand dol-
lars ($1,000.00) for each offense.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.218. Validity.
All ordinances or parts of ordinances inconsis-
tent or conflicting herewith are hereby repealed
to the extent of such inconsistency or conflict.
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.219. Invalidity.
The invalidity of any section, clause, sentence
or provision of this chapter shall not affect the
validity of any other part of this chapter which
can be given effect without such invalid part or
parts.
(Ord. No. 92-9505, ~ 4, 4-27-92)
2435
~ 41-220
SALINA CODE
Sec. 41.220. Reporting and signatory require.
ments.
(a) Pursuant to the requirements of 40 e.F.R.
section 403.12, the industrial user shall submit to
the city all required reports, including baseline
monitoring reports, compliance schedules, progress
reports, permit application, ninety-day compli-
ance reports, self-monitoring reports, or any other
technical or discharge reports as directed by the.
city.
(b) All reports specified in 40 e.F.R. section
403.12, including those in paragraph (a) of this
section, shall include the certification statement
as set forth below and in 40 C.F.R. section
403.6(a)(2)(ii), and shall be signed by an autho-
rized representative of the industrial user:
"I certify under penalty of law that this docu-
ment and all attachments were prepared under
my direction or supervision in accordance with
a system designed to assure that qualified per-
sonnel properly gather and evaluate the infor-
mation submitted. Based on my inquiry of the
person or persons who manage the system, or
those persons directly responsible for gathering
the information, the information submitted is,
to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there
are significant penalties for submitting false in-
formation, including the possibility of fine and
imprisonment for knowing violations."
(Ord. No. 92-9505, ~ 4, 4-27-92)
Sec. 41.221. Public accessibility of records.
Except for data determined to be confidential
under 33 use section 1318 and/or KA.R. 28-
16-96, all reports prepared in accordance with the
terms in the industrial waste water discharge
permit and this article shall be available for public
inspection at the office of the department. Ef-
fluent shall not be considered confidential. Know-
ingly making any false statement on any report
or tampering with equipment to falsify data may
result in the imposition of criminal penalties as
provided for in 33 use section 1319, KS.A. 65-
170c and/or KA.R. 28-16-94.
(Ord. No. 92.9505, ~ 4, 4-27-92)
Supp. No.9
Sec. 41.222. Authorization of local limits.
The director is authorized to develop and en-
force specific local limits as required by 40 e.F.R.
section 403.5(c)(1), or demonstrate that they are
not necessary.
(Ord. No. 92-9505-, ~ 4, 4.27.92)
2436
[The next page is 2461]
e
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Art.
Art.
. Art.
Art.
Art.
Art.
\.Inapl.er 4.:0
ZONING REGULATIONS.
Art.
I. In General, 1142-1-42-10
II. Amendments, II 42-21-c2-39
III. Districts, Maps and Boundaries, II 42-tO-42-65
IV. General Use Replationa,1I42-M-42-75
V. General Bulk Replations, 1142-76-42-100
VI. District Replations, 1142-101-42-400
Div. I. Generally, AI 42-101-42.110
Div. 2. A.l Agricultural District, II 42-111-42-125
Div. 3. RS Single-Family Residential Suburban District, n 42.
126-42.140
Div. 4. R Single-Family Residential District, U 42-141-42.155
Div. 5. R.l Single.Family Residential District, H 42.156-42.
170
Div. 6. R.2 Multiple.Family Residential District, II 42.171-42.
185
Div. 7. R.2.5 Multiple-Family Residential District, U 42.186-
42.200
Div. 8. R-3 Multiple.Family Residential District, III 42.201-42.
215
Div. 9. MH Manufactured Home Park District, U 42.216-42-
235
Div. 10. U University District, U 42.236-42.250
Div. 11. C.l Restricted Business District, U 42.251-42-265
Div. 12. C-2 Neighborhood Shopping District. n 42-266-42.280
Div. 13. C.3 Shopping Center District, II 42-281-42.300
Div. 14. C-4 Central Business District, II 42-301-42.315
Div. 15. C.5 Service Commercial District, U 42-316-42.330
Div. 16. C6 Heavy Commercial District, AI 42.331-42-336
Div. 16.1 Highway Commercial District, AI 42.337-42.345
Div. 17. 1.1 Industrial Park District, II 42-346-42.360
Div. 18. 1-2 Light Industrial District, n 42.361-42.380
Div. 19. 1.3 Heavy Industrial District, U 42.381-42.400
VII. Planned Development Districta,1I42-401-4242S
Div. 1. Generally, n 42-401-42-408
Div. 2. Rezoning to a Planned Commercial District, II 42-409-
42-425
VIII. Flood Plain Zoning District, II 42-426-42-455
Div. 1. Statutory Authorization, Findings of Fact and Purposes,
fI 42-426-42-428
Div. 2. General Provisions, U 42-429-42-433
Div. 3. Development Permit, 1142-434-42-436
Div. 4. Establishment of Zoning Districts, ~ 42-437
Div. 5. Standards for Floodway Overlay District and the Flood-
way Fringe Overlay District, n 42-438-42-440
Div. 6. Floodway Fringe (FFl Overlay District, H 42-441, 42-442
Div. 7. Floodway (FW) Overlay District, ~ 42-443
Div. 8. Variances, U 42-444-42-447
Art.
.Cro.. references-Ordinances amending the zoning map or zoning or rezoning specific property saved from repeal, I 1.5( 171;
airport zoning, I 4-46 et seq.; proximity of public dances to residences, I 6-47; buildings and structural appurtenances. Ch. 8:
housing, Ch. 18; mobile homes and trailers, Ch. 22; planning, Ch. 29; streets, sidewalks and other public places, Ch. 35;
subdivision regulatiOns, Ch. 36.
State law references-Planning and zoning, K.S.A. 12-701 et seq.; establishment of city district and zones, K.S.A. 12-707 et
seq.
)Upp. No. 10
2461
S 42-1 SAUNA CODE
Div. 9. Violations, It 42-448
Div. li). ~rn~dments, II 42-449-42-455
Art. IX. Heritap ecm.ervatloa DIatrid. I' a.. G<IOO
Diy. 1. Generally, II 42-456-C2-470
Diy. 2. Heritaje Commiuion, II 42-471-42.500
Art. X. Sipa. II 4UOl-a.540
Diy. 1. Generally. II 42.so1-42.515
Diy. 2. District Re,ulationa, U 42.516-42-640
Art. XI. Off-street Parkia. and Loadiq. II 4J.a41--a.17S
Diy. 1. Generally, II 42-541-42-550
Diy. 2. Off.Street Parking, II 42-551-42-560
Diy. 3. Off-Street Loading, II 42.561-42.575
Art. XIL HoaconlormiDl u.e., Bulk aDd Situ. II .cU76-42-51S
Art. XIII. AdMiDiatrative Provi..... If 4J.I98-a.611
Art. . XIV. De&dti0lllt0 If 42-a18-4J.814
Art. XV. Airport Zoam,Di8trict, If 42-815-42-825
ARTICLE I. IN GENERAL
Sec. 42-1. Title.
This chapter, including the zoning district maps
made a part hereof, by reference, may be known
and cited as the "Zoning Regulations". (Code
1966, ~ 36-100)
Sec. 42-2. Intent and purpose.
This chapter, adopted pursuant to the provisions
of the Kansas Statutes Annotated, Sections 12.707
through 12-721, are intended to serve the follow-
ing purposes:
(1) To protect and promote the public health,
safE:ty, convenience, comfort and general
welfare of the city;
(2) To regulate and restrict the location and
use of buildings and the uses of land within
each district or zone and to regulate and
restrict the height, number of stories and
size of buildings. the percentage of lots that
may be occupied by buildings and other
structures, the size of yards, courts, and
other open spaces, and the density of
population;
(3) To guide the future growth and develop-
ment of the city in accordance with the
comprehensive plan adopted by the plan-
ning commission;
(4) To protect and conserve the value of land
throughout the city and the value of build.
Supp. No. 10
ings appropriate to the various districts es-
tablished by this chapter;
(5) To provide adequate light, air and privacy,
to secure safety from fire, flood and other
danger, and to prevent overcrowding and
undue congestion of land and population;
(6) To bring about the gradual conformity of
the uses of land and buildings throughout
the city through the comprehensive zoning
plan set forth in this chapter, and to mini.
mize the conflicts among the uses of land
and buildings;
(7) To promote the most beneficial relation be-
tween the uses of land and buildings and
the circulation of traffic throughout the city;
(8) To provide a guide for public policy and
action in the efficient provision of public
facilities and services and for private en-
terprise in building development, investment
and other economic activity relating to uses
of land and buildings throughout the city;
and
(9) To prevent pollution, encourage the wise
use and sound management of natural re-
sources, promote aesthetic values and pre-
serve the historical character of the city.
(Code 1966, ~ 36-101>
Sec. 42-3. Territorial application.
This chapter shall apply to all structures and
land in the city, but the planning commission
24il2
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ZONING REGULATIONS
H2-4
may waive all requirements of this chapter for
the following uses when appropriate:
(1) Poles, wires, cables, conduits, vaults, later-
als, pipes, mains, valves or other similar equip-
ment for the distribution to consumers of tel-
ephones or other communications, electrici-
ty, gas or water, or the collection of sewage or
surface water operated or maintained by pub-
lic utility, but not including substations lo-
cated on or above the surface of the ground.
(2) Railroad tracks, signals, bridges and similar
facilities on a railroad right-of-way, and main-
tenance and repair work on such facilities
and equipment. This provision shall not in-
clude any facilities and equipment listed as a
permitted use in the 1-3, heavy industrial district.
(3) Agricultural structures or land used for agri-
culture. In the event that any structure or
land ceases to be used only for agriculture,
then such structure or land shall be subject
to all applicable regulations. (Code 1966, ~
36-102(1))
Sec. 42-4. Existing permits.
This chapter is not intended to abrogate or annul
any building permit, zoning certificate, variance,
conditional use permit or certificate of occupancy
lawfully issued before February 14. 1977. except
as follows: If this chapter makes the proposed use
under such permit. variance or certificate non-
conforming as to use or bulk. and there has been
Supp. No.8
2463
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ZONING REGULATIONS
~ 42-23
no substantial change of position, expenditure,
construction or operation, or incurrence of sub-
stantial obligations by the permit, certificate or
variance holder in reliance on such permit, certif-
icate or variance prior to May 15, 1977, the build-
ing permit, zoning certificate, conditional use per-
mit, or variance will be invalid. If substantial
construction or substantial operations have taken
place and are continuing at the time, the pro-
posed use may be completed. (Code 1966, ~ 36-102(2))
Sec. 42-5. Certificate of occupancy.
When a structure is completed under a permit
or certificate to which section 42-4 applies, a certif-
icate of occupancy shall be issued in accordance
with the zoning regulations in effect at the time
the building permit or zoning certificate was is-
sued. (Code 1966, ~ 36-102(3))
Sec. 42-6. New construction, reconstruction or
change in use.
All new construction 01' alteration of a building
or structure, every change in bulk, all new uses of
buildings or land, and every change, enlargement
or relocation of use, shall conform to this chapter.
Existing nonconforming uses and bulk may con-
tinue, subject to the provisions of article XII of
this chapter. (Code 1966, ~ 36-102(4))
Sec. 42-7. Annexed land.
All land which may hereafter be annexed to
the city shall, from and after the effective date of
such annexation, be considered to be subject to
the zoning regulations of the RS district unless
zoned otherwise at the time of annexation or until
such time as the land may legally be rezoned.
(Code 1966, ~ 36-102(5))
Sec. 42-8. Subdividing required prior to zoning.
Land shall be subdivided in accordance with
the subdivision regulations of the city prior to
rezoning any area to any district other than the
A-I district. The zoning request shall be tenta-
tively approved, subject to proper subdividing for
a period not to exceed one year. The planning
commission may grant one extension not exceed-
ing six (6) months, upon written application. In
Supp. No.9
the event that proper subdividing is not completed
within the specified time, the planning commis-
sion shall recommend appropriate action to the
board of commissioners. (Code 1966, ~ 36-102(6))
Cross reference-Subdivision regulations, Ch. 36.
Sees. 42-9-42-20. Reserved.
ARTICLE II. AMENDMENTS.
Sec. 42-21. Authority.
For the purpose of promoting the public health,
safety and welfare, conserving the value of prop-
erty throughout the city, and lessening or avoid-
ing congestion in the public streets, the board of
commissioners may, from time to time, in the
manner hereinafter set forth, amend this chap-
ter, the district boundary lines and the zoning
map, provided that in all amendatory ordinances
adopted under the authority of this chapter, due
allowance shall be made for existing conditions,
the conservation of property values, and the uses
to which property is devoted at the time of adop-
tion of such amendatory ordinance. (Code 1966, ~
36-200)
Sec. 42-22. Initiation.
Proposals for amendment may be initiated by
the board of commissioners, the planning com-
mission, or upon application of the owner of the
property affected pursuant to the procedure set
forth in section 42-23. (Code 1966, ~ 36-201)
Sec. 42-23. Form of application.
(a) When the board of commissioners, or the
planning commission, proposes an amendment, it
shall transmit its proposal, including information
prescribed in subsections (b)(2) and (b)(3) below, to
the planning commission for a public hearing and
a report thereon.
(b) When the owner of the property affected
proposes an amendment to this chapter or to any
zoning district created thereby, an application for
such amendment, addressed to the board of com-
.State law reference-Amendments or changes in zoning,
K.S.A. 12-708.
2465
S 42-23
SALINA CODE
miSSioners, shall be filed in duplicate with the
planning commission. The application shall be in
such form and contain such information as shall
be prescribed from time to time by the planning
commission, but shall in all instances contain the
following information:
(1) The applicant's name and address;
(2) The precise wording of any proposed amend-
ment to the text of this chapter;
(3) If affecting a change in the zoning map:
a. The legal description and street address
of the property proposed to be reclassified;
b. The name and address of the owner or
owners of the property;
c. The present zoning classification and ex-
isting uses of the property proposed to be
reclassified;
d. The area of the property proposed to be
reclassified; and
e. An ownership list certified by a registered
abstractor of the owners of all property
located within two hundred (200) feet of
the boundaries of the property to be af-
fected by the proposed amendment.
(4) Such application shall be accompanied by a
fee pursuant to the city fee schedule, which
may be changed from time to time. (Code
1966, ~ 36-202)
Sec. 42-24. Public hearing.
(a) Generally, The planning commission shall
hold a public hearing on each proposed amend-
ment at a reasonable time and place as estab-
lished by the planning commission. It shall hold
such hearing within forty-five (45) days from the
date on which the proposed amendment is re-
ferred to, filed with, or initiated by the planning
commission. An applicant for an amendment may
waive the requirement that such hearing be held
within forty-five (45) days.
(b) Notice of hearing. The planning commission
shall publish a notice of the public hearing at least
once in the official city newspaper at least twenty
(20) days prior to the date of the hearing. Such
Supp. No.9
notice shall ilX the date, time and place for such
hearing and contain a statement regarding the
proposed changes in regulations or in the boundary
or classification of any zone or district. If the pro-
posed amendment would change the zoning clas-
sification or district boundary of specific property,
such notice shall contain the legal description or a
general description sufficient to identify the prop-
erty under consideration, its present zoning clas-
sification, and its proposed classification. In such
case, written notice of such proposed amendment
shall also be mailed at least twenty (20) days prior
to the hearing to the owners of record of the af-
fected property and to all owners of record oflands
located within two hundred (200) feet of the area
proposed to be altered. If the affected property is
located adjacent to or outside the city limits, the
area of notification shall be extended to one thou-
sand (1,000) feet into the unincorporated area. In
addition to the published and written notice, a
sign shall be posted on the land which is under
consideration for rezoning. The planning commis-
sion may give such additional notice to other per-
sons as it may, from time to time, provide by its
rules.
(c) Conduct of hearing. The hearing, which may
be adjourned from time to time, shall be con-
ducted in accordance with such procedures as the
planning commission shall prescribe by rule. Any
interested person or party may appear and be
heard at the hearing in person, by agent or by
attorney. The planning commission may request
a report on any proposed amendment from any
governmental official or agency, or any other
person, firm or corporation. If such report is made,
a copy thereof shall be made available to the ap-
plicant and any other interested person in the of-
fices of the planning commission. (Code 1966, ~
36.203; Ord. No. 91-9485, ~ 1, 12-9-91)
Sec. 42.25. Report and recommendation of
planning commission.
Within forty (40) days after the close of a public
hearing on a proposed amendment, the planning
commission shall submit a report to the board of
commissioners. A copy of the report shall be filed
with the city clerk and with the zoning adminis-
trator and such copies shall be available for public
2466
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ZONING REGULATIONS
~ 42-39
.
inspection. A copy of the report shall be mailed to
the owner of the specific property affected by the
proposed amendment. Such report shall contain a
recommendation for approval or disapproval and
the reasons therefor based on evidence presented
and matters considered at the hearing. The fol-
lowing matters shall be considered when ap-
proving or disapproving a rezoning request:
(1) The character of the neighborhood and the
uses and zoning of nearby property;
(2) The suitability of the subject property for
development with uses permitted under ex-
isting zoning;
(3) The availability of public facilities and ser-
vices to support the uses permitted on the
subject property under proposed zoning;
(4) The conformance of the requested change
to the city's comprehensive plan;
(5) Any other information or factors relevant
to the subject rezoning request.
The report submitted to the board of commis-
sioners shall be accompanied by a copy of the
record of the hearing on the proposed amend-
ment. (Code 1966, ~ 36-204; Ord. No. 87-9195, ~ 1,
7-27-87; Ord. No. 91-9485, ~ 2, 12-9-91)
e
.
Sec. 42.26. Action by board of commis.
sioners.
(a) Adoption of amendments. The board of com-
missioners shall not act upon a proposed amend-
ment until it has received a written report and
recommendation from the planning commission.
Upon receipt of said report and recommendation
and consideration of the matters contained in sec-
tion 42-25, the board of commissioners may:
(1) Adopt such recommendation by ordinance;
(2) Override the planning commission's recom-
mendation by a two-thirds majority vote of
the entire membership; or
(3) Return such recommendation to the plan-
ning commission with a statement speci-
fying the basis for the board of commission-
er's failure to approve or disapprove. If the
board of commissioners returns the recom-
mendation, the planning commission, after
e
Supp. No.9
considering the same, may resubmit its orig-
inal recommendation giving reasons there-
fore or submit a new and amended recom-
mendation. Upon receipt of such
recommendation, the governing body, by a
simple majority thereof, may adopt or may
revise or amend and adopt such recommen-
dation by ordinance, or it need take no fur-
ther action thereon. If a proposed amend-
ment is not acted upon finally by the board
of commissioners within one hundred
twenty (120) days of the date upon which
the planning commission's recommenda-
tion is received, such proposed amendment
shall be deemed to have been denied, un-
less the applicant for such amendment shall
have consented to an extension of such pe-
riod of time. Whenever a proposed amend-
ment has been denied, such amendment
shall not thereafter be passed without a fur-
ther public hearing and notice thereof as
provided in section 42-24.
(b) Protest. If a written protest against a pro-
posed amendment is filed in the office of the city
clerk within fourteen (14) days after the date of
the conclusion of the public hearing pursuant to
the published notice, signed by the owners of
record of twenty (20) percent or more of any real
property proposed to be rezoned or by the owners
of record of twenty (20) percent or more of the
total area required to be notified by this act of the
proposed rezoning of specific property, excluding
public streets and ways, the ordinance adopting
such amendment shall not be passed except by at
least a three-fourths vote of all of the members of
the board of commissioners. (Code 1966, ~ 36-205;
Ord. No. 91-9485, ~ 3, 12.9.91)
State law reference-Appeals to district court. K.S.A. 12-712.
Sec. 42-27. Limitations on reapplication.
After one official rezoning application has been
denied, an application for rezoning of the subject
property to the same or less restrictive zoning
district cannot be filed until the expiration of six
(6) months from the date of final action by the
board of commissioners. (Ord. No. 87-9203, ~ 1,
9-28-87)
Sec. 42-28-42-39. Reserved.
2467
~ 42-40
SALINA CODE
ARTICLE III. DISTRICTS, MAPS
AND BOUNDARIES
Sec. 42-40. Establishment of districts.
(a) The city is hereby divided into the following
districts, the respective symbol for each type of
district being set forth opposite its title:
Symbol Title
A-I
RS
R
R.I
R-2
R-2.5
R-3
MH
U
C.I
C.2
C.3
C.4
C-5
C.6
I-I
1-2
1-3
Agricultural District
Single-Family Residential Suburban
District
Single-Family Residential District
Single-Family Residential District
Multiple-Family Residential District
Multiple-Family Residential District
Multiple-Family Residential District
Manufactured Home Park District
University District
Restricted Business District
Neighborhood Shopping District
Shopping Center District
Central Business District
Service Commercial District
Heavy Commercial District
Industrial Park District
Light Industrial District
Heavy Industrial District
(b) From time to time, planned development
districts (PDD), planned commercial districts (PC-I
through PC-6), floodplain (FP) districts, and heri-
tage conservation <HC) districts may be established
pursuant to articles VII, VIII and IX, respectively
of this chapter. Each such district may be desig-
nated on the zoning map and in the text of this
chapter by symbol only. (Code 1966, ~ 36-300;
Ord. No. 87-9187, ~ 1,5-11-87; Ord. No. 87-9200,
~ 1, 9-21-87)
Sec. 42-41. Zoning map.
(a) Generally. The areas and boundaries of dis-
tricts are hereby established on the zoning maps
of the city, a copy of which is on file in the office of
the zoning administrator. Such maps, referred to
herein as the "zoning map", together with every-
thing shown thereon, are hereby made a part of
this chapter.
Supp. No.9
(b) Area covered. It is the intent ofthis chapter
that the entire area of the city, including all land
and water areas, streets, alleys, railroads and other
rights-of-way be included in the districts estab-
lished herein. Any area not shown on the zoning
map as being included in any district shall be
deemed to be in the R-I single-family residential
district. (Code 1966, ~ 36-301)
Sec. 42-42. District boundaries on zoniDg map.
In the event that uncertainties exist with re-
spect to the intended boundaries of the various
districts as shown on the zoning map, the follow.
ing rules shall apply:
(1) District boundaries are the center lines of
streets, alleys or other rights-of-way, unless
otherwise indicated.
(2) Where district boundaries do not coincide with
streets, alleys or other rights-of. way , but do
coincide with lot lines, such lot lines shall be
construed to be the boundary of such district.
(3) Where district boundaries do not coincide with
streets, alleys, other rights-of-way or lot lines,
the district boundaries shall be determined
by use of the scale shown on the zoning map.
(4) When a lot held in one ownership on Febru-
ary 14, 1977, is divided by a district bound-
ary line, the entire lot shall be construed to
be within the less restrictive district unless
the application of this construction would in-
crease the area of the less restrictive portion
of the lot by more than twenty-five (25) percent.
(5) All streets, alleys, public ways, waterways
and railroad rights.or-way, if not otherwise
specifically designated, shall be deemed to be
in the same zone as the property immediately
abutting them. Where the center line of a
street, alley, public way, waterway or rail-
road right-of.way serves as.a district bounda-
ry, the zoning of such areas, unless otherwise
specifically designated, shall be deemed to be
the same as that of the abutting property up
to such center line. (Code 1966, I 36-302)
Sec. 42-43. Zoning classifications.
For the purpose of establishing a table of zon-
ing classifications of lesser change for the purpose
2468
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ZONING REGULATIONS
~ 42-58
.
specified in KS.A. 12-708 the following is hereby
adopted:
NumberSymbol
1 A-I
2 RS
3 R
4 &-1
5 R-2
6 R-2.5
7 R-3
8 MH
9 U
10 C-l
11 C-2
12 C-3
13 C-4
14 C-5
15 C-6
16 1-1
17 1-2
18 1-3
Title
Agricultural District
Single-family Residential Suburban Dis-
trict
Single-family Residential District
Single-family Residential District
Multiple-family Residential District
Multiple-family Residential District
Multiple-family Residential District
Manufactured Home Park District
University District
Restricted Business District
Neighborhood Shopping District
Shopping Center District
Central Business District
Service Commercial District
Heavy Commercial District
Industrial Park District
Light Industrial District
Heavy Industrial District
Number 18, District 1-3, is classified as the least
restrictive zone classification and any other clas-
sification on the basis of inverse numerical order
shall be considered zone classification of lesser
change for the purpose set forth in KS.A. 12-708.
(Ord. No. 85-9065, ~ 1,3-11-85; Ord. No. 87-9187,
~ 2, 5-11-87)
e
Secs. 42-44-42-55. Reserved.
ARTICLE IV: GENERAL USE
REGULATIONS
Sec. 42-56. Permitted uses.
No structure shall hereafter be built, moved or
remodeled and no structure or land shall hereaf-
ter be used, occupied or designed for use or
occupancy except for a use that is permitted
within the zoning district in which the structure
or land is located.
(Code 1966, ~ 36-400)
.
Sec. 42-57. Conditional uses.
No use ofa structure or land that is designated
as a conditional use in any zoning district shall
hereafter be established, and no existing condi-
tional use shall hereafter be changed to another
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Supp. No. 13
conditional use in such district unless a condi-
tional use permit is secured in accordance with
the provisions of section 42-597(b).
(Code 1966, ~ 36-401)
Sec. 42-58. Accessory uses.
No accessory use, building or structure shall be
located in any required front, side or rear yard,
except as provided in subsections (1), (2) and (3)
and the following permitted accessory uses will be
allowed in any zoning district in connection with
any principal use which is permitted.
(1) Permitted uses. Permitted accessory uses
include but are not limited to the follow-
ing:
a. A storage building or structure inci-
dental to a permitted use, provided
that no such structure that is acces-
sory to a residential dwelling (e.g.
storage building, workshop, gazebo,
greenhouse, etc.) shall exceed three
hundred sixty (360) square feet and
shall be no taller than the dwelling
or more than sixteen (16) feet in
height whichever is less;
b. A child's playhouse, provided it shall
not be more than one hundred twenty
(120) square feet in gross floor area;
c. A detached garage or carport, pro-
vided that no such structure that is
accessory to a one- or two-family
dwelling shall exceed seven hundred
seventy (770) square feet, except in
the A-I or RS district it shall not
exceed one thousand two hundred
(1,200) square feet, shall be no taller
than the dwelling or more than
twenty (20) feet in height whichever
is less, and shall be compatible with
the residential dwelling in terms of
design, appearance and materials;
d. A private swimming pool and bath-
house, provided that no part of such
structure or use is located in the
front yard setback;
e. In the RS district only, a guest house
(without kitchen facilities) or rooms
2468.1
~ 42-58
SALINA CODE
for guests in an accessory building,
provided such facilities are used for
the occasional housing of guests of
the occupants of the principal build-
ing, and not as rental units, for per-
manent occupancy as housekeeping
units and provided that no part of
such structure is located in the front
yard setback;
f. Statuary, arbors, trellises, barbecue
stoves, flagpoles, fences, walls and
hedges;
g. Fallout shelters, provided that they
shall not be used for any principal or
accessory use not permitted in the
zoning district and provided that no
part of such structure is located in
the front yard setback;
h. Signs, when permitted by article X
of this chapter and by the individual
district regulations;
i. Off-street parking and loading spaces,
as permitted by article XI of this
chapter;
j. Restaurants, drugstores, gift shops,
clubs, lounges and newsstands, when
located in a permitted hotel, motel or
office building;
k. Employee restaurants and cafete-
rias, when located in a permitted
business, manufacturing or indus-
trial building;
1. Outdoor storage or overnight park-
ing, in a residential district, of boats,
boat trailers, or recreational vehi-
cles, provided such storage does not
constitute a traffic or safety hazard,
and buses when associated with a
church or school and parked no closer
than fifty (50) feet from any adjacent
residential district;
m. Wind energy conversion systems
(WECS) under the following restric-
tions:
1. The minimum distance from all
zoning lot lines to any tower,
pole or other support base of
Supp. No. 13
2468.2
the WECS shall be determined
by the following table:
Rotor
Diameter
(feet)
5
10
15
20
25
30
35
40
Setback
Distance
(feet)
100
165
220
270
310
340
365
385
2.
Intermediate rotor size distances
shall be interpolated. The WECS
shall not be located in any re-
quired yard.
The WECS shall not cause in-
terference to microwave com-
munications or radio and tele-
vision reception in the area.
Noise levels measured at the
lot line shall not exceed sixty
(60) dBA in a residential zone.
'lb limit climbing access to a
WECS tower, or other support
structure, a six-foot high fence
with locking portal shall be
placed around the WECS sup-
port or if a tower is utilized, the
tower climbing apparatus shall
be limited to no lower than
twelve (12) feet from the ground
or the WECS support may be
mounted on a roof top.
All blades of a WECS shall be
constructed of non-metallic sub-
stances. If the applicant can
prove, in written form, that no
electromagnetic interference will
result, a metal content of up to
twenty-five (25) percent will be
acceptable.
The WECS shall be located in
compliance with the guidelines
of the federal aviation regula-
tions with regard to airport ap-
3.
4.
5.
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Supp. No. 13
ZONING REGULATIONS
proach (15.503) and clearance
around VOR and DVOR sta-
tions.
6. Height of the WECS shall not
exceed the maximum height re-
striction in the zone where it is
located by more than twenty
(20) feet. The height of the
WECS shall be measured at
the center of the blade diame-
ter.
7. Data pertaining to the WECS's
safety and structural integrity
shall be certified by a licensed
engineer and filed with the
building permit application. The
tower or support and top adap-
tor shall meet the restrictions
specified in the city's building
code.
8. The WECS, if interconnected to
a utility system, shall meet the
requirements for interconnec-
tion and operation as set forth
in the electric utility's current
service regulations applicable
to WECS.
9. A plot plan shall be submitted
with the application for build-
ing permit showing the pro-
posed location and height of the
WECS, fencing and all existing
buildings within two hundred
(200) feet of the exterior lot
lines.
10. The owner/operator shall pro-
vide covenants, easements or
similar documentation to as-
sure sufficient wind to operate
the WECS unless adequate ac-
cessibility to the wind is pro-
vided by the site.
11. The owner/operator shall cer-
tify that the WECS does not
violate any covenants of record.
12. The applicant shall provide a
certificate of liability insur-
ance. Annually the owner/oper-
2468.3
~ 42-58
ator shall present evidence to
the zoning administrator that
the liability insurance is still in
effect.
n. Parking of an occupied motor home
or travel trailer when associated with
a hospital providing treatment to
the owner or related individual, pro-
vided such parking does not consti-
tute a traffic or safety hazard or a
nuisance, the vehicle is parked be-
yond the front yard setback and no
closer than fifty (50) feet from an
adjacent residential property line,
and the board of zoning appeals finds
that the proposed use will not have
an adverse effect on neighboring prop-
erties.
(2) Bulk regulations. Accessory structures and
uses shall comply with the bulk regula-
tions applicable in the zoning district in
which they are located, and:
a. Shall be set back at least five (5) feet
from the rear lot line when no alley
exists and ten (10) feet when an
alley exists;
b. Shall maintain a three-foot side yard,
except that no part of any accessory
building shall be located closer than
three (3) feet in residential districts
and ten (10) feet in all other districts
to any principal structure, either on
the same lot or an adjacent lot, un-
less it is attached to, or forms a part
of, such principal structure;
c. Shall, on comer lots, be set back
from the side street a distance not
less than that required for the prin-
cipal structure; and
d. Fences shall comply with article XII
of chapter 8; and
e. In no event shall an accessory build-
ing or structure be allowed which is
larger in size or area than the prin-
cipal building, structure or use it
serves.
~ 42-58
SALINA CODE
(3) Use limitations. Accessory structures and
uses shall comply with the use regula-
tions applicable in the zoning district in
which they are located, but no accessory
structure shall be constructed and occu-
pied on any lot prior to the time of the
completion of the construction of the prin-
cipal structure to which it is accessory.
(Code 1966, ~ 36-402; Ord. No. 81-874, ~ 1, 9-14-
81; Ord. No. 87-9179, ~ 1, 4-13-87; Ord. No.
89-9352, ~~ 1,2, 11-13-89; Ord. No. 93-9593, ~ 1,
9-20-93; Ord. No. 98-9903, ~ 1, 12-7-98)
Sec. 42-59. Temporary uses.
(a) Intent. It is the intent of the following
regulations to provide for and govern the opera-
tion of certain temporary or seasonal uses.
(b) Permits for temporary uses. Applications
for a temporary use permit shall be made to the
zoning administrator at least three (3) days be-
fore the starting date of the temporary use and
shall contain the following:
(1) The commonly known address of the prop-
erty to be used, rented or leased for the
temporary use, including all information
necessary to accurately describe the sub-
ject property;
(2) A complete description of the proposed
use, including dates and time schedules
for operation of the use;
(3) The name, address and phone number of
the applicant, the property owner and the
person(s) responsible for the use if differ-
ent than the applicant or property owner;
(4) A statement describing provisions which
will be made for sanitation facilities, util-
ity services, parking, traffic control, secu-
rity, fire safety, medical emergency and
first aid, noise control and cleanup and
restoration.
(c) General requirements. Temporary use per-
mits shall be issued by the zoning administrator,
unless otherwise specified by these regulations.
Said permit shall be issued only if all the follow-
ing criteria are met in the opinion of the zoning
administrator:
(1) Adequate off-street parking with an ap-
proved surface shall be provided for cus-
tomer vehicles outside the roadway im-
provement area.
Supp. No. 13
(2) Signs may not be larger than ten (10)
square feet and must comply with the
sign regulation provisions of these regu-
lations.
(3) Structures or product displays shall not
be placed inside the visual sight triangle
at intersections.
(4) Adequate sight distances shall be avail-
able for vehicles entering and leaving the
temporary use site.
(5) Noise, odor or light emissions from the
site shall not present an interference with
the enjoyment or use of the property or a
hazard to adjoining properties or public
ways. Artificial lighting shall not illumi-
nate any nearby dwellings and sound from
public address systems shall not exceed
sixty (60) dBA at the property line of
residences.
(6) Adequate provision for sanitary waste and
trash disposal shall be provided by the
applicant. Trash, rubbish and waste prod-
ucts shall be removed from the premises
daily.
(7) Utility services provided shall comply with
applicable building, electrical, plumbing,
fire, safety, sanitation, public health and
other codes, laws or regulations applica-
ble to the use and shall be installed only
under permits obtained as required by
such codes.
(8) The site shall be cleaned up and restored
to its previous condition upon expiration
of the temporary use permit.
(d) Specific uses and regulations. The follow-
ing are considered temporary uses and are subject
to the following specific regulations and time
limits in addition to the regulations of any zone in
which they are located:
(1) Christmas tree sales. A temporary use
permit may be issued for the display and
open-lot sale of Christmas trees in the C-3
through C-6 districts or in any industrial
district for a period not to exceed forty-
five (45) days. Display of Christmas trees
need not comply with the yard and set-
2468.4
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Supp. No. 13
ZONING REGULATIONS
~ 42-59
(2)
back requirements of these regulations;
provided, that no structures or trees shall
be placed within the sight triangle. The
site shall be cleaned and returned to its
previous condition within two (2) weeks
after Christmas.
Contractor's office. A temporary use per-
mit may be issued for a contractor's tem-
porary office and equipment sheds inci-
dental to a construction project. The office
or shed shall not contain sleeping or cook-
ing accommodations. The permit shall be
valid for no more than one (1) year, but
may be renewed while construction work
is in progress. The office or shed shall be
removed upon completion of the construc-
tion project.
Real estate project sales office. A tempo-
rary use permit may be issued for a tem-
porary real estate sales office in any new
subdivi-
(3)
2468.4.1
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.
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ZONING REGULATIONS
~ 42-59
sion which has been approved by the plan-
ning commission. The permit shall be valid
for no more than one (1) year, but is renew-
able. The office shall be closed upon sale or
lease of all dwelling units in the develop-
ment. The office shall contain no sleeping
or cooking accommodations unless located
in a model home.
(4) Festivals. A temporary use permit may be
issued for tents or other temporary struc-
tures and related facilities to house and
serve public celebrations, special obser-
vances, religious meetings, cultural events
or entertainment programs sponsored by a
local civic, religious, governmental or rec-
ognized duly chartered fraternal organiza-
tion for a period of no more than fourteen
(14) days, unless otherwise approved by the
zoning administrator.
(5) Carnivals, circuses and tent shows. A tem-
porary use permit may be issued for a car-
nival, circus or tent show, as defined in sec-
tion 6-16 of this Code, for a period that does
not exceed fourteen (14) days_ However, the
permit may be renewed or extended upon
application to the zoning administrator.
(6) Open air markets. A temporary use permit
may be issued for the operation of open air
markets, including outdoor flea markets,
farmer's markets or roadside produce
stands, subject to the following provisions:
a. An outdoor flea market may operate in
a C-3 or higher district and is defined
as any place where the owner or oper-
ator thereof allows more than one (1)
person to sell merchandise from out-
door stalls, booths, stands, etc., which
are not open for business on a daily
basis. The permit shall be valid for any
continuous six-month period in a cal-
endar year with actual operations lim-
ited to a maximum of seventy-five (75)
days within the period.
b. A farmer's market may operate in a
C-3 or higher district and is dermed as
any place, with or without permanent
buildings or structures, where fruit,
vegetables, produce, handmade crafts,
Supp. No. 10
2468.5
etc., are sold from more than one (1)
produce stand operated by different per-
sons. The permit shall be valid for any
continuous six-month period in a cal-
endar year with actual operations lim-
ited to a maximum of seventy-five (75)
days within the period.
c. A roadside stand may be located in an
A-1 or C-3 or higher district and is de-
fined as a temporary structure used by
one (1) operator for the sale of farm pro-
duce. The permit shall be valid for no
more than six (6) continuous months in
a calendar year. No produce sales shall
be made within thirty (30) feet of the
roadway improvement area For a road-
side stand operating more than one (1)
month per year, an off-street parking
area shall be provided.
(7) Moveable structures. A temporary use
permit may be issued for the sale of mer.
chandise or services from a motor vehicle,
recreational vehicle, trailer, mobile home
or tent on a lot or portions thereof that are
vacant or used for parking, provided the
following conditions are met:
a. Such sales are conducted by the owner
or lessee of the property on which it is
conducted.
b. Such sales are temporary and limited
to one (1) event comprising a maximum
of two (2) consecutive weeks in any six-
month period;
c. Applicants for sales from moveable
structures shall submit a site plan, in-
cluding, without limitation, the loca-
tion, setback from property line,
screening, sign and fence locations, if
applicable and electric meter locations
or power source;
d. Applicants for sales shall obtain the ap-
propriate sales tax license and, if ap-
plicable, temporary fence permits;
e. Such sales may not be located within
any area utilized as the required
parking or loading area for another use
or on public right-of-way;
f. Upon termination of the sale, the lot or
parcel shall be returned substantially
~ 42.59
SALINA CODE
to its original condition. All litter,
fences, borders, tie-down materials, and
other items associated with the tempo-
rary sale shall be removed within five
(5) hours. Provided, however, a permit
shall not be required for mobile food
vendors accessory to permitted uses
which operate for four (4) hours or less
at a given location.
(8) Promotional activities. No permit is required
for promotional activities of retail mer-
chants involving the display only of goods
and merchandise, which are for sale within
the principal structure conducted outside
of such structure for a period of no more
than two (2) consecutive weeks in any three-
month period; provided, that:
a. No portion of the display shall be on
publicly owned property unless the ap-
plicant shall fIrst have obtained ap-
proval for such use from the city;
b. No required off-street parking or
loading area will be utilized for such
display, storage or dispensing;
c. No food or drink shall be displayed out-
side the building except in accordance
with standards and prior written ap-
provalofthehealthde~em;and
d. These provisions shall in no way be
deemed to authorize the outdoor dis-
play of automobiles, trailers and equip-
ment rental or the sale of used furni-
ture, appliances, plumbing,
housewares, building materials or sim.
ilar displays or sales in any business
district except as otherwise permitted
by this chapter.
(9) Garage sales. No permit is required for a
garage sale, as defined, in any residential
district which is limited to one (1) event
comprising a maximum of three (3) consec-
utive days in any six-month period. Where
such sale is conducted on premises exterior
to any structure, all sale items shall be re-
moved from such exterior premises within
one (1) day following the day the sale is
concluded.
(e) Appeals. Any applicant who is denied a tem-
porary use permit may appeal the zoning admin-
Supp. No. 10
istrator's decision to the board of zoning appeals
in accordance with section 42-597 of these regu-
lations.
(Code 1966, ~ 36-403; Ord. No. 89-9331, ~~ 1, 2,
8-14-89)
Sec. 42-60. Home occupations.
A home occUpation may be a permitted acces-
sory use in all residential districts it the following
conditions are met:
(1) Restrictions and limitations:
a. The home occupation shall be con-
ducted entirely within the principal res-
idential building, except as provided by
this chapter, and such use must be
clearly incidental and secondary to the
residential use of the building;
b. No more than twenty-five (25) percent
of the gross floor area of a dwelling unit
shall be devoted to the home occupa-
tion; provided, however, that rooms let
to roomers are not subject to this lim-
itation;
c. No alteration of the principal residen-
tial building shall be made that
changes the character of that building
as a residence;
d. No display or storage of equipment or
material outside of a building or struc-
ture shall be permitted;
e. No mechanical or electrical equipment
other than normal domestic or house-
hold equipment shall be used and the
home business must not involve the use
of hazardous chemicals or flammable
liquids;
f. The home business must be operated
by a resident of the dwelling, employees
or other assistance shall be limited to
immediate members of the family re-
siding on the premises;
g. No stock in trade (except article pro-
duced by members of the immediate
family) shall be displayed or sold on
the premises;
h. No exterior sign or display shall be per-
mitted, except that one (1) nonillumi-
2468.6
e
ZONING REGULATIONS
~ 42.60
.
nated wall sign, not more than two (2)
square feet in sign area, may be used
to advertise the home occupation;
i. The home occupation shall not project
any obnoxious noise, smoke, dust, odor
or glare so as to create a nuisance or
adverse condition upon adjoining prop-
erties or dwelling units;
j. The home occupation shall not gen-
erate traffic in a volume that would
create a need for parking greater than
that which can be accommodated on the
premises or which is inconsistent with
the normal parking usage of the dis-
trict;
k. A home occupation conducted in a ga-
rage or accessory building shall not be
in operation earlier than 7:30 a.m. or
later than 10:00 p.m.
1. The operator of a home business must
obtain a home occupation certificate
from the zoning administrator. The cer-
tificate is not transferable, it may not
be transferred to a different occupant
or to a new location.
(2) Particular home occupations permitted. Per-
mitted home occupations include, but are
not limited to, the following list of home
occupations; provided, however, that each
listed occupation is subject to the restric-
tions and limitations above:
a. Home teaching or instruction, in-
cluding music and dance, provided no
more than three (3) students are taught
at anyone (1) time and no more than
twelve (12) students per day;
b. Day care homes for children, when
properly registered with the Salina-
Saline County Health Department, pro-
vided such homes shall have all yard
areas enclosed that are devoted to such
e
. c.
d.
e e.
f.
Supp. No. 10
use;
Artists, sculptors, authors, composers,
photographers;
Barber and beauty shops; provided,
that only one (1) chair and operator
shall be permitted;
Dressmaker, seamstress, tailor;
Minister, rabbi, priest;
2469
g. Office facility for realtors, insurance
agents, brokers, sales representatives
and manufacturing representatives
when no exchange of tangible goods is
made on the premises;
h. Professional office for physician, den-
tist, lawyer, architect, engineer, ac-
countant, bookkeeper or other similar
profession;
i. Home crafts, baking, food preparation;
provided that no machinery or equip-
ment shall be used or employed other
than that which would customarily be
found in the home, including ma-
chinery or equipment that would cus-
tomarily be employed in connection-
with a hobby or avocation not
conducted for gain or profit;
j. Repair of items such as small appli-
ances, personal electronic goods (such
as radios, televisions and stereos), fur-
niture, and hunting and fishing gear;
provided, that the use fully conforms
with the performance requirements for
home occupations;
k. Hobby breeders; provided, that no more
than ten (10) dogs are kept on a zoning
lot and that the provisions of section
7-102 have been complied with;
(3) Particular home occupations prohibited:
a. Automobile and other motor vehicle re-
pair and painting services;
b. Funeral homes;
c. Medical or dental clinics;
d. Preschools and group day care centers,
unless specifically permitted by the dis-
trict regulations;
e. Rental of trailers, cars and other equip-
ment;
f. Restaurants;
g. Retail sales such as antiques, second-
hand merchandise, salesman's samples,
etc.;
h. Stables, kennels and animal hospitals.
(4) Special provisions. A home occupation cer-
tificate may be issued by the board of zoning
appeals for the following use, if the board
~ 42-60
SALINA CODE
finds in its review that the proposed use
will not have an adverse effect on neigh-
boring properties;
a. Any of the uses listed in subsection (2)
above may be conducted in a detached
garage or accessory building if the
board of zoning appeals fmds that the
proposed use will conform with the per-
formance requirements for in-home
home occupations.
b. Bed and breakfasts, provided the
dwelling has no more than six (6) guest
rooms and no meeting rooms or conven-
tion facilities; and provided, that at
least one (1) parking space for every
two (2) rooms can be accommodated on
site;
c. Small engine repair, including lawn
mowers; provided, that repair activity
is conducted within a structure.
(Code 1966, ~ 36-404; Ord. No. 81-8863, ~ 1, 8-3-81;
Ord. No. 89-9353, ~~ 1,2, 11-13.89)
Sec. 42.61. Number of structures and uses on
the zoning lot and access to the
lot.
(a) Not more than one principal residential
structure shall be located on a single zoning lot,
unless permitted by the district regulations in
which located, nor shall a principal residential
building be located on the same zoning lot with
any other principal building, except as may be
permitted by article VII of this chapter relating to
planned development districts.
(b) In agricultural, commercial or industrial dis-
tricts, any number of structures (except residen-
tial structures) and uses may be constructed or
established on a single zoning lot, but no single
zoning lot shall be smaller than the minimum lot
area prescribed for the district in which it is lo-
cated.
(c) No land which is located in a residential dis-
trict shall be used for a driveway, walkway or
access purpose to any land which is located in any
commercial or industrial district.
(Code 1966, ~ 36-405)
Supp. No. 10
Sec. 42.62. Sewer and water facilities.
The health department shall approve all pro-
posed sewer and water systems other than those
defined as public.
(Code 1966, ~ 36-406)
Cro.. reference-Water and sewers generally, Ch. 41.
Sec. 42.63. Easements.
No building or structure, nor any addition
thereto, shall be constructed or placed within any
platted or recorded public easement, unless ex-
pressly authorized by the board of commissioners.
Prior to granting such authorization, the city shall
consult with public utilities whose lines may be
affected. In granting such authorization, the board
of commissioners may impose conditions neces.
sary to protect any existing or future utility lines
placed within the easement. A property owner may
place buildings or structures not requiring a
building permit and fences, trees, shrubs and other
nonstructural improvements within an easement
at his or her own risk (i.e., removal, relocation, or
replacement) w,ithout special authorization pro-
vided required permits have been obtained.
(Ord. No. 91-9486, ~ 1, 12.9.91)
Sec. 42.64. Residential.design manufactured
homes.
On and after January 1, 1992, residential de-
sign manufactured homes, as defined in this
chapter, shall be permitted in any residential dis-
trict when in compliance with the following ar-
chitectural and aesthetic standards:
(1) The home shall have a minimum of eight
hundred eighty (880) square feet of main
floor living area, excluding any attached
garage or porch, and the longest exterior
dimension of the body shall be not more
than two and one-half (21/2) times the
shortest exterior dimension.
(2) The roof shall be double-pitched and have a
minimum vertical rise of three (3) inches
for each twelve (12) inches of horizontal run,
and shall be covered with material that is
residential in appearance, including but not
limited to wood, asphalt, composition or fi-
berglass, or metal roofing material. The roof
shall have a minimum eave projection or
2470
e
.
e
.
e
ZONING REGULATIONS
f 42.65
overhang of ten (10) inches on at least two
(2) sides, which may include a four (4) inch
gutter.
(3) The exterior siding shall be made of nonre-
flective material customarily used on site-
built dwellings, such as wood, composition
or simulated wood, clapboards, conventional
vinyl or metal lap siding, brick, stucco, or
similar materials, but excluding smooth,
ribbed or corrugated metal or plastic panels.
Siding material shall extend below the top
of the exterior foundation or curtain wall
and the joint shall be flashed in accordance
with city building codes.
(4) The home shall be installed in accordance
with the recommended installation proce-
dures of the manufacturer and city building
codes. The running gear, tongue, axles, and
wheels shall be removed from the unit at
the time of installation. A continuous, per-
manent masonry foundation or permanent
masonry piers with masonry curtain wall,
unpierced except for required ventilation
and access, shall be installed under the pe-
rimeter of the home.
(5) The home shall have a garage and covered
porch at the main entrance, if fifty (50) per-
cent or more of existing homes on the same
and/or adjacent block face have garages
and/or covered porches. Where required or
installed, the roofing and siding material
must be of a type approved for the home
itself.
(6) Any site-built addition to the home or de.
tached accessory building shall comply with
city building codes.
(Ord. No. 91-9487, ~ 1, 12-9-91)
Sec. 42.65. Landscaping regulations.
Landscaping regulations are as follows:
(1) Intent and purpose. The intent and purpose
of these landscaping regulations are as fol-
lows:
(a) Enhance the visual appearance of the
community through the use of trees and
landscape materials to create an aes-
thetically pleasing environment.
Supp. No. 10
2471
(b) Encourage trees and landscape vegeta-
tion to screen unsightly views, soften
hard architectural lines, frame build.
ings and views, and buffer uncompli-
mentary land uses.
(c) Improve environmental conditions by
providing air purification, oxygen re-
generation, ground water recharge,
storm water runoff retardation, and
noise and glare reduction.
(d) Increase the energy-efficiency of build-
ings through the control of wind, sun
and shade by the proper placement of
trees and landscape vegetation.
(e) Preserve and protect existing trees and
natural landscape areas from destruc-
tion and removal.
(2) Applicability. The regulations established
herein shall apply to all new development
and substantial levels of redevelopment
and/or additions within the corporate
boundaries of the city, except single-family
detached dwellings, single-family attached
townhomes, duplex dwellings and any de-
velopment occurring on property zoned A.I
Agricultural, MH-S Manufactured Home
Subdivision, U University, C-4 Central
Business District, 1.2 Light Industrial, or
1-3 Heavy Industrial under Chapter 42 of
this Code.
(3) Definitions. For the purpose of this section,
the following words and terms as used
herein are defined to mean the following:
a. Landscape material: Shall consist of
such living material as trees, shrubs,
ground cover/vines, turf grasses, and
nonliving material such as: rocks, peb-
bles, sand, bark, brick pavers, earthen
mounds (excluding pavement), and/or
other items of a decorative or embel-
lishment nature such as: fountains,
pools, walls, fencing, sculpture, etc.
b. Landscaped open space: All land area
within the property lines not covered
by building or pavement.
c. Turf grass: A species of perennial grass
grown as permanent lawns or for land-
~ 42.65
SALINA CODE
scape purposes as distinguished from
those species grown for agricultural or
commercial seed purposes.
d. Native grasses: Species of perennial
grass other than those designated as
noxious weeds by the State of Kansas.
e. Ground cover: Landscape materials, or
living low-growing plants other than
agricultural crops and turf grass, in-
stalled in such a manner so as to form
a continuous cover over the ground sur.
face.
f. Shrubs: Any self-supporting, woody
plant of a species which normally grows
to an overall height of less than fifteen
(15) feet in this region.
g. Trees: Any self-supporting, woody plant
of a species which normally grows to
an overall minimum height of fifteen
(15) feet in this region. .
h. Deciduous trees: Generally those trees
which shed their leaves annually, such
as ash, oak, maple, etc.
L Evergreen trees: Generally those trees
which do not shed their leaves annu-
ally, such as pine, spruce, cedar, etc.
j. Ornamental trees: Generally trees
thirty (30) feet or less in height at ma-
turity, including flowering trees and
"patio" trees.
k. Shade trees: Generally deciduous trees
that reach a height of thirty (30) to sixty
(60) feet or taller at maturity.
1. Street trees: Any tree located within the
city right-of-way on either side of all
public avenues, or ways.
m. Yard trees: Any tree which is not a
street tree as defined in this subsec-
tion.
n. Significant stands of trees: A group of
twenty (20) or more trees, with a min-
imum two-inch caliper and/or seven (7)
or more feet in height, located within
an area of approximately two thousand
five hundred (2,500) square feet.
(4) Landscape plans required. The landscape
plan requirements of these regulations are
as follows:
a. A landscape plan shall be submitted in
connection with other plans to develop
Supp. No. 10
property covered by these regulations.
In the case of requests to rezone prop-
erty to PPD planned development or
PC planned commercial, the landscape
plan shall be submitted at the time of
the rezoning application and shall be
approved by the planning commission.
For other developments, the landscape
plan shall be submitted at the time of
the building permit application and
shall be approved by the zoning admin-
istrator prior to the issuance of the
building permit. The approval plan
shall be binding on present and future
property owners, unless formally
amended.
b. All landscape plans shall include the
following information:
1. A north arrow and scale.
2. The location of all proposed land-
scape materials including existing
trees proposed to be saved.
3. A listing of the proposed plant ma-
terials indicating the type, number
and size at the time of planting.
4. The location of proposed structures
and parking areas showing the
type of surfacing.
5. The location, type and size of all
aboveground and underground
utilities.
6. Topography and final grading ad-
equate-to specify plantings for
sloping areas.
7. Proposed plans for provision of
water to plant materials.
8. Any other provisions applicable to
the project including measures to
be taken during construction to
protect existing trees to be saved
or plans requiring excavation or
construction within street right-
of-way or utility easements.
(5) Required landscaping for front yards.
a. The minimum amount of landscaped
area in the front yard of covered zoning
2472
e
ZONING REGULATIONS
.
districts and uses when located adja-
cent to public streets shall be as fol-
lows:
1. On a zoning lot with an average
depth of one hundred fIfty (150) feet
or less: ten (10) square feet of land-
scaped front yard per lineal foot of
street frontage.
2. On a zoning lot with an average
depth of more than one hundred
fIfty (150) feet but less than two
hundred fIfty (250) feet: fIfteen (15)
square feet of landscaped front
yard per lineal foot of street
frontage.
3. On a zoning lot with an average
depth of more than two hundred
fIfty (250) feet: twenty (20) square
feet of landscaped front yard per
lineal foot of street frontage.
For zoning lots with frontage on
e two (2) or more streets (Le., two (2)
or more front yards), the amount
of landscaped front yard required
along each street frontage may be
reduced by thirty (30) percent.
b. A minimum of one (1) shade tree or
three (3) ornamental. trees shall be
planted for every fIve hundred (500)
square feet of required landscaped front
yard.
c. The following design standards shall
apply to required landscaping and trees
in front yards:
1. Trees shall be selected from the
Recommended Tree List for Sal-
ina.
2. The minimum size at the time of
planting of required trees shall be
as follows: shade trees-one and
one-half-inch caliper measured six
. (6) inches above the ground; orna- (6)
mental trees-one-inch caliper
measured six (6) inches above the
ground; evergreen trees-fIve (5)
e feet in height.
3. Trees shall be located in planter
areas of sufficient size to allow for
Supp. No. 10 2473
~ 42-65
growth, prevent damage from ve-
hicles, and avoid unnecessary
maintenance to structures, walks
and drives; a minimum of twenty-
five (25) square feet of permeable
area around each tre~ is recom-
mended.
4. Adequate distance between indi-
vidual trees shall be provided; min-
imum spacing should be fifteen (15)
feet for ornamental trees and
thirty (30) feet for shade trees.
5. Shrubbery may be substituted for
up to one-third of the required trees
at the rate of ten (10) shrubs per
one (1) required tree. Substitute
shrubbery shall attain a mature
height of at least two (2) feet and
shall be no less than two-gallon
container size at time of planting.
6. The required trees and shrubs (ex-
cept evergreen varieties) may be
located in adjacent public right-
of-way if approved by the city en-
gineer, there are no conflicts with
utilities, and the plantings are lo-
cated no closer than three (3) feet
to the curb line of adjacent streets.
No tree shall be planted between
the curb and the sidewalk if the
clear space is less than five (5) feet
wide.
7. Trees, shrubbery, walls and fences
located near the intersection of
streets shall maintain sight visi-
bility clearance as specified in
Chapter 35 of this Code. All fences
and walls shall be built with the
finished side out and located to-
ward the private property side of
required landscaped front yards to
maintain a landscaped appearance
along the street.
Required buffers.
a. A landscaped buffer is required along
the common property line in any non-
residential development in any zoning
district where such development is ad-
jacent to any residential development
~ 42-65
SALINA CODE
and in any multifamily residential de-
velopment (a development with three
(3) or more dwelling units in one (1)
building excepting single. family at-
tached townhouses) in any zoning dis-
trict where such development is a<lja.
cent to single-family residential
development.
b. The design standards for landscaped
buffers shall be as follows:
1. The required buffer shall be a min-
imum of fifteen (15) feet in width.
For developments with more than
one (1) required landscaped buffer,
the width of each buffer may be
reduced to ten (10) feet.
2. There shall be one (1) shade tree
and five (5) shrubs or two (2) orna-
mental trees and five (5) shrubs for
each fifty (50) feet of the length of
the buffer.
3. A minimum of one-third of the
trees and shrubs shall be ever-
green.
4. Parking spaces serving any use al-
lowed in the C-1 district or any dis.
trict of lesser classification may be
located within the required buffer
not closer than five (5) feet from
the property line provided a dense
planting screen or solid wall or
fence is installed. No buildings,
driveways, or accessory facilities
may be located within any portion
of a required buffer.
5. Standards specified in subsection
(5)c shall also apply to landscaped
buffers.
(7) Parking lot screening.
a. Open unenclosed parking areas con-
taining more than six (6) parking
spaces shall be effectively screened
from adjacent residential developments
and streets when located within one
hundred (100) feet thereof, except at
points of ingress and egress, to a min-
imum height of six (6) feet adjacent to
residences and three (3) feet adjacent
Supp. No. 10
2474
to streets above the parking surface by
the use of walls, fences, bermed lawns
and/or plantings.
b. Parking lots containing more than fifty
(50) spaces shall contain landscaped is-
lands equal to five (5) percent of the
total paved area. Such islands shall be
in addition to the other landscaped area
requirements.
c. The design standards for parking lot
screening shall be as follows:
1. Vertical walls and decorative
fences should avoid a monotonous
appearance by architectural vari.
ation or use of trees, shrubs and/or
vines.
2. Parking lot screening may be lo-
cated within and substituted for re-
quired landscaped front yards and .
buffers provided that the minimum
number of trees otherwise required
are established. Shrubs used to
meet screening requirements shall
not substitute for required trees.
3. Landscape materials should be 10.
cated in a planting strip having a
minimum width of three (3) feet
where walls and fences are com-
bined with vines and shrubs, five
(5) feet where trees and shrubs are
used exclusively, and ten (10) feet
where berms are combined with
trees, shrubs, walls or fences to
create the screening effect. The
planting strip shall be measured
from the edge of the parking lot
paving to the edge of the adjacent
sidewalk or property line.
4. Standards specified in subsection
(5)c shall also apply to parking lot
screening.
d. Trash receptacles, mechanical equip-
ment, and service areas shall also be
screened from pedestrian access ways
and the street right.of-way.
e
ZONING REGULATIONS
~ 42-65
.
(8) Other landscape standards. The following
additional landscape standards shall also
apply:
a. Existing trees may be credited to-
ward the required number of trees
provided all of the following condi-
tions exist:
1. The trees are healthy, at least
one and one-half(}lh) inches in
caliper measured six (6) inches
above the ground, and are a
desirable species as determined
by the city forester.
2. The trees are located within
the street right-of-way or are
within twenty-five (25) feet of
the property line.
3. Provisions are taken to protect
the trees during construction to
ensure long-term survival.
b. Landscape plantings should be
planted, mulched and staked accord-
ing to Publication #L-802 ''Woody
Plant Material and Installation Spec-
ifications" published by the Kansas
State Forestry Division.
c. Landscaping shall not interfere with
the function or accessibility of any
gas, electric, water, sewer, telephone
or other utilities or easements. Prior
to excavation within any public right-
of-way or easements, the location of
all underground utilities shall be de-
termined and any required permits
shall be obtained.
d. Required landscaped area shall con-
sist of a minimum of eighty (80)
percent in ground surface covered by
living plant materials or turf grass.
The remaining twenty (20) percent
may be covered with bark, wood chips,
rock, bricks, stone or similar nonliv-
ing materials provided an effective
weed barrier is installed.
e. All land area not covered by land-
scaping, paved parking, drives and
walkways, and structures shall be
e
.
e
Supp. No. 13
2474.1
seeded with perennial grass and reg-
ularly mowed and maintained in a
proper appearance.
(9) Maintenance. The maintenance require-
ments for all landscaping areas shall be
as follows:
a. The landowner is responsible for the
maintenance of all landscaped areas
and shall keep them in a proper,
neat and orderly appearance and
free from litter and debris at all
times.
b. Maintenance shall include mowing,
trimming, weeding, mulching, restak.-
ing,pruning, fertilizing, disease and
insect control and other necessary
operations.
c. All landscaped areas shall be pro-
vided with a permanent water sup-
ply, except as otherwise shown on
the landscape plan and approved by
the city. Irrigation systems shall be
designed and operated to avoid wa-
tering impervious surfaces and
streets. Landscape designers and
property owners are encouraged to
utilize xeriscaping and take advan-
tage of its water saving principles
and practices.
d. The city shall have the authority to
require that all dead trees, shrubs
and plants be replaced during the
next planting season.
(10) Exceptions and modifications. The provi-
sions of this section may be excepted or
modified as follows:
a. The expansion or redevelopment of a
site utilizing all or parts of an exist-
ing building(s) shall not be required
to meet the landscaping require-
ments of this section, except as fol-
lows:
1. When the value of renovation
or reconstruction exceeds fifty
(50) percent of the appraised
value of existing improvements,
as determined by the county
appraiser; or
~ 42-65
SALINA CODE
2. When there is more than a thirty
(30) percent increase in the gross
floor area of existing buildings
on the site.
b. Where there exists extraordinary to-
pography, existing vegetation, land
ownership, site boundaries and di-
mensions, adjacent development char-
acteristics or other exceptional cir-
cumstances or conditions, the zoning
administrator may modify or vary
the strict provisions of these regula-
tions as is deemed appropriate, pro-
vided the intent and purpose of this
section is maintained.
(11) Completion or assurances for installation.
a. Prior to the issuance of a certificate
of occupancy for any structure where
landscaping is required, except as
provided in subsection b below, all
work indicated on the approved land-
scape plan shall be completed, in-
spected and approved by the zoning
administrator. Prior to approval, the
quantities, locations, types and sizes
of plants and other landscape mate-
rials shall be checked for compli-
ance.
b. A landowner may obtain a certificate
of occupancy for a structure prior to
completion of required landscaping
work if completion is not possible
due to seasonal or weather condi-
tions, and if acceptable assurances
are submitted guaranteeing the com-
pletion of said landscaping. The ac-
ceptable assurance, such as an irre-
vocable letter of credit, performance
bond, certified check, or escrow ac-
count, shall be equal to one hundred
twenty-five (125) percent of the cost
to complete the landscaping work
and shall be accompanied by a writ-
ten agreement assuring that such
landscaping will be completed prior
to the expiration date of said assur-
ance. If an inspection reveals that
said landscaping work is not com-
Supp. No. 13
pleted prior to the expiration date of
said assurance, the city shall utilize
said assurance to pay for the comple-
tion of the landscaping work.
(12) Enforcement.
a. Until the provisions of this section,
including the condition of any per-
mits issued thereunder, have been
fully met, the city may withhold is-
suance of any building permit, cer-
tificate of occupancy or inspection
required under the city building codes
or the city may issue cease and de-
sist orders for further development.
b. All landscaping shall be subject to
periodic inspection by the zoning ad-
ministrator, or an authorized repre-
sentative, to determine compliance
with the approved landscape plan
and the requirements of this section.
When the landscaping has not been
installed, maintained, or replaced to
comply with said plan and require-
ments, a written corrective order shall
be issued to the alleged violator. The
order shall specify the subsections of
this section that are in violation.
(Ord. No. 94-9624, ~ 1,2-28-94)
Sec. 42-66. Critical drainage areas.
Critical drainage areas may be designated by
the board of city commissioners following a report
and recommendation from the planning commis-
sion. The city engineer shall identify areas that
should be considered for designation as critical
drainage areas. No development or substantial
improvement, as defined in article XIV; may be
undertaken within a critical drainage area with-
out first obtaining a permit from the zoning
administrator. The zoning administrator shall not
approve any development which does not provide
adequate drainage improvements so as not to
inordinately expose the development as well as
surrounding land to increased stormwater flood-
ing. Said drainage improvements shall be de-
signed in accordance with criteria established by
the city engineer. The city engineer shall review
proposed drainage improvement plans and advise
2474.2
e
.
e
.
e
ZONING REGULATIONS
the zoning administrator if such plans comply
with established criteria. The completion of said
improvements shall be the responsibility of the
applicant. This regulation shall not apply to any
platted lot zoned single-family residential, regard-
less of size, nor any platted lot containing less
than ten thousand (10,000) square feet of land
area, regardless of the zoning classification.
(Ord. No. 97-9780, ~ 1,2-10-97; Ord. No. 97-9815,
~ 1, 7-28-97)
Sec. 42-67. Adult-oriented businesses-Loca-
tions.
,(a) It shall be unlawful for any person to
operate or cause to be operated an adult-oriented
business unless permitted within the zoning dis-
trict in which the business is located.
(b) It shall be unlawful for any person to
operate or cause to be operated an adult-oriented
business within one thousand (1,000) feet of any
of the following within the corporate limits of the
city.
(1) A boundary of a residential district;
(2) A church or synagogue;
(3) A school (grades K through 12);
(4) A group day care center or kindergarten;
or
(5) A public park or playground, if any por-
tion of the park or playground or a street
abutting any portion of the park or play-
ground is within or abuts a residential
district.
For the purposes of this subsection, measure-
ment shall be made in a straight line, without
regard to intervening structures or objects, from
the nearest portion of the building or structure
used as part of the premises where an adult-
oriented business is conducted, to the nearest
property line of the premises of a church or
rectory, school, group day care center or kinder-
garten or to the nearest boundary of an affected
public park or playground or residential district.
(c) It shall be unlawful for any person to oper-
ate or establish or cause or permit another to
operate or establish an adult-oriented business
which is located within five hundred (500) feet of
Supp. No. 16
~ 42-69
another adult-oriented business. The distance be-
tween two (2) adult-oriented businesses shall be
measured in a straight, without regard to inter-
vening structures or objects, from the closest
exterior walls of the structures in which the
businesses are located.
(d) It shall be unlawful for any person to cause
or permit the operation, establishment or main-
tenance of more than one (1) adult-oriented busi-
ness in the same building, structure or portion
thereof.
(Ord. No. 97-9828, ~ 1, 10-6-97)
Cross reference-Licensing and regulations. ~ 6-46 et
seq.
Sec. 42-68. Outdoor amplified sound.
No commercial business may use sound ampli-
fiers, loud speakers or other similar devices in an
outdoor area on private property located within
five hundred (500) feet of a residential district
without first obtaining a conditional use permit
from the city planning commission. Notification of
the public hearing date shall be provided to af-
fected property owners. The city planning com-
mission shall not approve the permit for any such
devices which would create noise levels that would
unreasonably disturb the peace, quiet, comfort or
tranquility of neighboring inhabitants. If the per-
mit is approved, appropriate requirements and
conditions may be established and a time limit
may be set for expiration unless renewed for an
additional period. The permit may be revoked if
the requirements and conditions are not complied
with.
(Ord. No. 98-9861, ~ 1, 4-13-98)
Sec. 42-69. Wireless communication facili-
ties.
(a) Purpose and objectives. The purpose of these
regulations is to establish standards and require-
ments for the siting of commercial wireless tele-
communications facilities. These regulations are
designed to comply with the Telecommunications
Act of 1996 and any other applicable laws. The
objectives are as follows:
(1) Encourage the location of wireless com-
munication facilities in non-residential ar-
eas and on sites where the adverse impact
is minimal;
2474.3
~ 42-69
SALINA CODE
(2) Encourage the joint use of new and exist-
ing wireless communication facilities;
(3) Encourage wireless communication facil-
ities to be designed and installed in a
manner that minimizes any adverse vi-
sual impact.
(4) Encourage wireless telecommunication fa-
cilities to be provided to the community in
a safe, effective and efficient manner;
(5) Facilitate the ability of the providers of
wireless communications services to pro-
vide such services to the community
through an efficient and timely applica-
tion process;
(6) Avoid potential damage to adjacent prop-
erties from tower failure through careful
siting of wireless communications facili-
ties;
(7) Ensure that the regulation of wireless
communication facilities does not have
the effect of prohibiting the provision of
personal wireless services, and does not
unreasonably discriminate among func-
tionally equivalent providers of such ser-
vice; and
(8) Create a hierarchy that influences both
where new wireless communication facil-
ities are located and the types of antennas
that are used so that new facilities have
the least amount of visual impact on the
community.
(b) Definitions. For purposes of this section,
the following words and terms as used herein are
defined to mean the following:
Abandonment, in the case of a non co-located
facility, shall mean: (a) failure to start operations
within ninety (90) days of completion of the struc-
ture, or (b) to cease operation for a period of
ninety (90) or more consecutive days. In the case
of a co-located facility, abandonment shall mean:
(a) failure to start operations within one hundred
eighty (180) days of completion of the structure,
or (b) to cease operation for a period of one
hundred eighty (180) or more consecutive days.
Supp. No. 16
Administrative permit shall mean a process
and approval by the planning director as de-
scribed in this section.
Antenna shall mean any exterior apparatus
designed for telephonic, radio, data, internet, or
video communications through the sending and/or
receiving of electromagnetic waves, and includes
equipment attached to a tower or building for the
purpose of providing wireless communication ser-
vices, including unlicensed wireless telecommuni-
cations services, wireless telecommunications ser-
vices utilizing frequencies authorized by the Federal
Communications Commission for "cellular", "en-
hanced specialized mobile radio", "specialized mo-
bile radio" and "personal communications servic-
es", telecommunications services, and it's attendant
base station.
Antenna support structure shall mean any pole,
telescoping mast, tower, tripod, or other structure
which supports a devise used in the transmitting
or receiving of radio frequency signals.
Array shall mean a set of antennas for one (1)
carrier or service that are placed on a structure at
a given height and spaced so as to avoid interfer-
ence.
Board of commissioners shall mean the govern-
ing body of the City of Salina.
Camouflage describes a wireless communica-
tion facility that is disguised, hidden, or inte-
grated with an existing structure as an architec-
turally compatible element or a wireless
communication facility that is placed within an
existing or proposed structure so as to be effec-
tively hidden from view.
Co-location means the placement of a new
wireless communication facility on an existing
tower, existing building or structure.
Design shall mean the appearance of wireless
communication facilities and equipment build-
ings, including such features as their materials,
colors, texture, scale, and shape.
EIA shall mean the Electronics Industry Asso-
ciation.
Equipment enclosures shall mean a structure,
shelter, cabinet, or vault used to house and pro-
2474.4
e
ZONING REGULATIONS
.
tect the electronic equipment necessary for pro-
cessing wireless communication signals and asso-
ciated equipment. Associated equipment may
include air conditioning, back power supplies and
emergency generators.
Existing tower shall mean any tower in exist-
ence at the time of application for an administra-
tive permit or special permit.
FAA shall mean the Federal Aviation Adminis-
tration.
FCC shall mean the Federal Communications
Commission.
e
Fair market value shall mean the price at
which a willing seller and a willing buyer will
trade.
Fall zone shall mean the area on the ground
within a prescribed radius from the base of a
wireless communication facility within which there
is a potential hazard from falling debris or col-
lapsing material.
Guyed tower shall mean a tower that is sup-
ported, in whole or part, by guyed wires and
ground anchors.
Height shall mean the vertical distance above
grade to the highest point of the antenna support
structure, including the lightning rod and an-
tenna.
Lattice tower shall mean a tower that is con-
structed to be self-supporting by lattice type sup-
ports and without the use of guyed wires or other
supports.
Modification shall mean the changing of any
portion of a wireless communication facility from
its description in a previously approved permit.
Examples include, but are not limited to, changes
in design, height, number or location of antennas.
Monopole tower shall mean a tower consisting
of a single free-standing pole or spire self-
supported on a permanent foundation, constructed
without guy wire, ground anchors, or other sup-
ports.
Mount shall mean the structure or surface
upon which wireless communication facilities are
mounted. There are three (3) types of mounts: (i)
.
e
Supp. No. 16
~ 42-69
Building mounted-a wireless communication fa-
cility affixed to the roof or side of a building, (ii)
Ground mounted-a wireless communication fa-
cility fixed to the ground such as a tower, and (iii)
Structure mounted-a wireless communication
facility fixed to a structure other than a building,
such as light standards, utility poles, and bridges.
Operator shall mean an individual, partner-
ship, association, joint-stock company, trust, or
corporation engaged in control and maintenance
of all instrumentalities, facilities and apparatus
incidental to wireless telecommunication trans-
mission, including but not limited to, a tower,
antennae, associated buildings, cabinets and equip-
ment. For the purposes of this article, an "opera-
tor" mayor may not hold a lease, license or title
on or for the site on which a tower is located.
Owner shall mean either the owner of the real
property on which the wireless communication
facility, tower or antenna is located or the owner
of the wireless communication facility, tower or
antenna itself.
Provider shall mean every corporation, com-
pany, association, joint stock company, firm, part-
nership, limited liability company, other entity
and individual which provides personal wireless
service over wireless communication facilities.
Screening shall mean materials which effec-
tively hide personal wireless facilities from view,
or landscaping in accordance with the require-
ments of the Zoning Ordinance.
Security barrier shall mean a wall, fence, or
berm that has the purpose of sealing a wireless
communication facility from unauthorized entry
or trespass.
Site shall mean a tract or parcel of land that
contains wireless communication facilities includ-
ing any antenna, support, structure, building,
accessory buildings, and parking and may include
other uses associated with or ancillary to wireless
communication services.
Special permit shall mean a process and ap-
proval by the planning commission or board of
commissioners as described in this section.
Tower shall mean any structure that is de-
signed, constructed or used for the primary pur-
2474.5
~ 42-69
SALINA CODE
pose of supporting one (1) or more antennas,
including self-supporting lattice towers, guyed
towers, or monopole towers. The term encom-
passes wireless communication facilities includ-
ing microwave towers, common-carrier towers,
cellular telephone towers or personal communica-
tions services towers, alternative tower struc-
tures, and the like. For purposes of this section
the term "tower" does not include radio and
television transmission towers, amateur radio
transmitting towers or broadcast facilities.
Unlicensed wireless services shall mean com-
mercial mobile services that operate on public
frequencies and do not need a FCC license.
Wireless communication service and wireless
communication facilities used in the chapter shall
be defined in the same manner as the Title 47,
United States Code, Section 332 (c)(7)(C), as may
be amended now or in the future and includes
facilities for the transmission and reception of
radio microwave signals used for communication,
cellular phone, personal communication services,
enhanced specialized mobile radio, and any other
wireless services licenses by the FCC and unli-
censed wireless services.
(c) Permit required.
(1) No person shall locate an antenna or
tower for wireless communication pur-
poses or alter an existing wireless commu-
nication facility upon any lot or parcel
within the City of Salina except as pro-
vided in this chapter.
(2) Maintenance or repair of a wireless com-
munication facility and related equip-
ment, excluding structural work or changes
in height, dimensions or number of an-
tenna, towers, or buildings is excluded
from the requirement to obtain a permit.
Building permits may still be required.
(3) Installation of wireless communication fa-
cilities requires either an administrative
permit (Class A Permit) issued by the
planning director or approval of a special
Supp. No. 16
permit (Class B or Class C Permit) by the
planning commission or board of commis-
sioners.
a. Class A Permit: The planning direc-
tor may issue an administrative per-
mit in the following cases:
1. An application to co-locate ad-
ditional antennas on an exist-
ing facility;
2. An application to place an an-
tenna on an existing structure
in the U or C-4 Districts;
3. An application to place an an-
tenna on an existing structure
in a C-2, C-3, C-5, C-6, C-7 or
1-1 district that extends no more
than twenty (20) feet above the
maximum permitted structure
height in that district;
4. An application to construct a
monopole tower up to one hun-
dred twenty (120) feet in height
in an 1-2 or 1-3 district if the
proposed tower site is within
four hundred (400) feet of a
residential area or up to two
hundred (200) feet in height if
the proposed tower site is more
than four hundred (400) feet
from the nearest residential
area.
Within thirty (30) days after receiving a com-
plete application, the planning director shall ei-
ther approve, approve with conditions or deny the
request for a (Class A) administrative permit, or
shall refer the application to the planning com-
mission for a public hearing.
If a request for an administrative permit is not
acted upon within thirty (30) days, or is denied, or
the conditions imposed thereon are unacceptable
to the applicant, then the applicant may, by
written notice to the planning director, convert
the request for an administrative permit to an
application for a (Class B) special permit. More-
2474.6
e
ZONING REGULATIONS
~ 42-69
.
over, an applicant may, in lieu of and without first
seeking an administrative permit hereunder, re-
quest a special permit for its proposed facility.
b. Class B Permit. The Planning Com-
mission may issue a special permit
after holding a public hearing in
accordance with the procedures es-
tablished in Sections 42-24 of the
Salina Code in the following cases:
1. An application to construct a
monopole tower in an 1-2 or 1-3
district which does not meet
the criteria for a Class A admin-
istrative permit;
2. An application to construct a
monopole tower up to two hun-
dred (200) feet in height in an
A-I, U, C-2, C-3, C-5, C-6, C-7
or 1-1 district if the proposed
tower will maintain a setback
from adjacent property and pub-
lic right-of-way equal to or
greater than the proposed height
of the tower; or
3. An application to construct a
rooftop facility on an existing
structure in C-2, C-3, C-5, C-6,
C-7 or 1-1 district which would
extend more than twenty (20)
feet above the maximum per-
mitted structure height in that
district.
.
c. Class C Permit. The board of com-
missioners may issue a special per-
mit following a public hearing and
recommendation by the planning com-
mission in the following cases:
1. An application to construct a
tower in a C-l district or any
residential district;
2. An application to construct a
tower in a historic district or
within five hundred (500) feet
'of a property listed on the N a-
tional Register of Historic
Places; or to place a rooftop
facility on a local landmark or
building listed on the National
Register of Historic Places;
3. An application to construct a
tower within any approach zone
to the Salina Municipal Air-
port;
4. An application to construct a
lattice type tower anywhere
within the city;
5. An application to construct a
tower in the C-2, C-3, C-5, C-6,
C-7 or 1-1 districts which does
not comply with the perfor-
mance standards in subsection
(h); or
6. An application to construct a
tower over two hundred (200)
feet in height anywhere within
the city.
d. Denial of special permit. Any deci-
sion to deny a special permit under
this section shall be made in writing
and shall state the specific reasons
for the denial. Any denial by the
planning commission may be ap-
pealed to the board of commission-
ers. Any denial by the board of com-
missioners shall be deemed a fInal
administrative decision, subject to
judicial review and appeal. In the
event that a special permit applica-
tion is denied by the planning com-
mission or board of commissioners,
no new request for the same or sub-
stantially similar administrative or
special permit shall be accepted or
processed within six (6) months after
denial of that application.
e. Protests. The notification and pro-
test area for special permit applica-
tions shall be four hundred (400) feet
from the proposed tower site. If a
Class B permit is approved by the
planning commission, affected prop-
erty owners shall have the same
right to present a protest petition to
the board of commissioners and ap-
e
e
Supp. Nq. 16
2474.7
~ 42-69
SALINA CODE
peal that decision as property own-
ers in rezoning cases. The protest
procedure shall be as provided in
KS.A. 12-708 and section 42-26(b) of
this chapter.
(d) Locational preferences. Wireless communi-
cation facilities shall be located and designed to
minimize any adverse effects on surrounding prop-
erties, particularly residential properties. In its
review of requests for new tower construction the
City of Salina will give preferred status to loca-
tions where the existing topography, surrounding
land uses, existing buildings or other structures
provide the greatest amount of visual screening.
Proposed towers in sensitive areas will be discour-
aged. The City of Salina's locational preferences
for siting new wireless communication facilities
are listed below:
(1) Preferred location sites:
a. Publicly owned sites on which wire-
less communication facilities can be
unobtrusively located with regard to
visibility, aesthetic appearance and
public safety. Such sites may include
locating on existing buildings, light
poles or water towers, co-locating on
existing towers, screened roof-top fa-
cilities or other camouflaged sites for
antennas and recreation areas, ath-
letic fields, school grounds, mainte-
nance yards and other publicly owned
facilities for towers.
b. Privately owned sites which possess
the same characteristics as a. above.
c. Sites in commercially or industrial
zoned districts where wireless com-
munication facilities would be mini-
mally obtrusive, would have a mini-
mal impact on the surrounding area
and are an appropriate distance from
residential areas.
(2) Limited preference sites:
a. Sites on other public property.
b. Sites on other commercially or indus-
trially zoned property.
(3) Sensitive location sites. Sites located in
areas with predominantly residential uses,
Supp. No. 16
2474.8
environmentally sensitive areas, entryway
corridors to the city, local landmarks or
historic districts, properties listed or eli-
gible to be listed on the National Register
of Historic Places and the environs of the
Salina Municipal Airport.
(e) Application requirements.
(1) Pre-application conference. Prior to the
acceptance of an application by the city,
applicants shall participate in a pre-
application conference with the planning
department for the purposes of discussing
application requirements, specifics of the
site and plans for current and future
facilities.
(2) Applications for either an administrative
permit or a special permit for a wireless
communication facility shall be filed with
the planning director and shall include
the following:
a. A plot plan of the site and the pro-
posed facility drawn to an accurate
scale and showing all pertinent in-
formation. The application material
shall provide sufficient information,
as determined by the planning direc-
tor, to allow a complete review of the
proposal. The application material
shall also include sufficient detail to
indicate compliance with all applica-
ble design and performance stan-
dards. Failure to provide adequate
information may result in the rejec-
tion of the application.
b. A copy of the lease between the ap-
plicant and the owner. The lease
shall contain the following provi-
sions: (1) the owner and the appli-
cant shall have the ability to enter
into leases with other providers for
collocation with the consent of each
party which shall not unreasonably
be withheld; and (2) the landowner
shall be responsible for the removal
of the tower or facility in the event
the lessee fails to remove it upon
abandonment.
e ZONING REGULATIONS ~ 42-69
c. A statement explaining the need for ity including the number of anten-
the facility to provide or enhance nas it can accommodate for co-
. wireless communication services in location, taking into consideration
the area including a map of the ser- radio frequency interference, mass,
vice area of the proposed facility. height, and other characteristics, as
d. A statement identifying which loca- well as options to overcome any prob-
tion preference, identified in subsec- lems those considerations may pose
tion (d) the proposed facility is meet- to service delivery.
ing. If the proposed location is not a h. A signed statement from the tower
preferred location site, the applicant owner stating that the owner and
shall describe: future successors will allow shared
(i) Whether any preferred location use of the tower if (1) capacity exists
sites are located within the ser- based on current and planned use by
vice area of the proposed wire- owner; (2) a future applicant for space
less communication service fa- on the tower agrees in writing to pay
cility; any reasonable charge for shared
(ii) What good faith efforts and mea- use and (3) the potential use is tech-
sures were taken to investigate nologically compatible.
each ofthese preferred location i. A description of the security barrier
sites and why such efforts were
unsuccessful; surrounding the base of the tower
and accessory equipment. The de-
e (iii) Why the use of a preferred 10- scription should include the method
cation site is not technologi- of fencing, finished color and, if ap-
cally, legally or economically fea- plicable, the method of camouflage
sible; and illumination.
(iv) How and why the proposed site
is required to meet service de- j. A description ofthe anticipated main-
mands for the proposed facility tenance and monitoring program for
and citywide network; and the antennae and back up equip-
(v) The distance between the pro- ment, including frequency of main-
posed facility and the nearest tenance services.
residential unit and residen- (f) Inventory of towers. Each applicant for an
tially zoned properties. administrative or special permit shall submit an
e. A statement indicating proposed mea- inventory of its facilities and an inventory of the
sures designed to minimize poten- facilities of those companies proposing to co-locate
tially adverse visual effects on adja- on the proposed facility (tower or antenna mount)
cent properties with consideration within the city. No permit will be approved unless
given to design, unobtrusiveness, min- the applicant demonstrates to the satisfaction of
imum height necessary to accommo- the city by substantial evidence that no existing
date antennae, avoidance of artifi- facility (whether or not owned by the applicant)
ciallight and the color of the facility. can accommodate, as is or through modification,
. f. A statement describing the proposed the proposed facility. Substantial evidence to dem-
fall zone around the facility. onstrate that no existing facility is suitable shall
consist of any of the following:
g. If the application is for a new tower,
a report from the manufacturer or a (1) An affidavit demonstrating that the ap-
e licensed professional engineer de- plicant made diligent efforts to install or
scribing the tower's maximum capac- co-locate on existing towers and other
Supp. No. 16 2474.9
~ 42-69
SALINA CODE
existing structures within the geographic
search area as determined by a qualified
radio frequency engineer.
(2) An affidavit demonstrating that existing
towers and structures located within the
geographic search area, as determined by
a qualified radio frequency engineer, and
within one (1) mile radius of the proposed
tower site do not have the capacity to
provide reasonable technical service con-
sistent with the applicant's technical sys-
tem, including but not limited to, applica-
ble FCC requirements.
(3) Written technical evidence from a quali-
fied radio frequency engineer that exist-
ing towers and structures within the geo-
graphic search area are not of sufficient
height to meet the applicable FCC require-
ments.
(4) Written technical evidence from a quali-
fied structural engineer that existing tow-
ers and structures within the geographic
search area do not have sufficient struc-
tural strength to support the proposed
facility.
(5) A written statement from a qualified ra-
dio frequency engineer submitting techni-
cal evidence substantiating his opinion
that the existing towers and structures
within the geographic search area are
incompatible due to electromagnetic/radio
frequency interference or interference with
public safety communications or the usual
and customary transmission or reception
of radio, television, or other communica-
tions service enjoyed by surrounding prop-
erties and that antenna on the existing
tower or structure cannot be relocated on
the existing structure to accommodate
additional users.
(6) An affidavit that the fees, costs, or con-
tractual provisions required by the owner
to share an existing tower or structure
within the geographic search area or to
adapt an existing tower or structure within
the geographic search area for sharing,
are unreasonable.
Supp. No. 16
(7) The applicant demonstrates that there
are other limiting factors that render ex-
isting towers and structures within the
geographic search area and within a one
(1) mile radius of the proposed tower site
unsuitable.
(8) The applicant demonstrates that state of
the art technology used in their wireless
telecommunications business and within
the scope of the applicant's FCC license is
unsuitable for the site involved.
(9) The applicant demonstrates that there
are other limiting factors that render ex-
isting towers and structures within the
geographic search area and within a one
(1) mile radius of the proposed tower site
unsuitable.
(g) Standards for evaluation of special permit
applications.
(1) The planning commission or board of com-
missioners may approve, by special per-
mit, a wireless communication facility in
any zoning district after review and con-
sideration of all of the following:
a. Conformity with the city's Compre-
hensive Plan.
b. Preference of site location in accor-
dance with subsection (d).
c. Compatibility with abutting prop-
erty and surrounding land uses.
d. Adverse impacts such as visual, en-
vironmental or safety impacts.
e. Color and finish of the proposed tower.
f. Screening potential of existing vege-
tation, structures and topographic
features.
g. Potential for adequate screening of
proposed facilities, ground level equip-
ment, and tower base.
h. Scale of facility in relation to sur-
rounding land uses.
i. Impact on entry corridors into the
city.
2474.10
e
ZONING REGULATIONS
.
j. Impact on landmark structures, his-
torically significant structures or dis-
tricts, or architecturally significant
structures.
(2)
An application to construct new towers
may be denied if the applicant has not
shown by substantial evidence that it has
made a good faith effort to mount the
facilities on an existing structure and/or
tower.
e
(3) Locations in sensitive location sites shall
be considered only if the applicant:
a. Provides evidence showing what good
faith efforts and measures were taken
to secure a preferred location site or
limited preference site within one (1)
mile of the proposed facility; and
b. Demonstrates with engineering evi-
dence why each such preferred loca-
tion site or limited preference site
was not technologically or economi-
cally feasible.
(h) Performance standards. Unless otherwise
specified, all wireless communication facilities
shall comply with the following performance stan-
dards. The planning commission may recommend
and the board of commissioners may grant a
waiver from these standards when supported by
sufficient justification and if the purpose and
objectives of this section would be better served
thereby.
(1) Height. The maximum height for a com-
munications tower is two hundred (200)
feet, excluding a lightning rod not to ex-
ceed twenty (20) ft. All new towers in
excess of one hundred (100) feet shall be
designed to accommodate at least two (2)
providers and those in excess of one hun-
dred fifty (150) feet at least three (3)
providers.
(2) Design type. All towers, except those de-
signed as an architecturally compatible
element, shall be a monopole design un-
less otherwise specifically approved by
the board of commissioners. Guyed tow-
ers shall not be permitted.
.
e
Supp. No. 16
2474.11
~ 42-69
(3)
Setbacks. Towers shall be set back from
any property line or a public right-of-way
a distance equal to the tower height. 'Ibw-
ers, except those designed as an architec-
turally compatible element, shall be set
back four hundred (400) feet from any
surrounding property zoned for single-
family or two-family residential use.
(4)
Facility appearance.
a. Towers shall either maintain a gal-
vanized steel finish or, subject to any
applicable standards of the FAA, be
painted a neutral color to reduce
visual obtrusiveness so as to be con-
sistent with the natural or built en-
vironment of the site.
b. The design of the equipment struc-
ture and any other associated per-
mitted structures shall, to the max-
imum extent practicable, use
materials, colors, textures, screen-
ing, and landscaping that minimize
the visual impact and enhance com-
patibility with the surrounding nat-
ural or built environment. Addition-
ally the design of the site shall also
comply with any design guidelines
as may be applicable to the particu-
lar zoning district in which the facil-
ity is located.
c. For co-located telecommunications fa-
cilities, the antenna and supporting
electrical and mechanical equipment
must be a neutral color that is iden-
tical to, or closely compatible with,
the color or the supporting structure
to minimize the visual impact and
enhance compatibility with surround-
ing development.
(5) Lighting. No signals, artificial lights, or
illumination shall be permitted on any
facility unless required by the FAA or
other applicable authority. If required,
the lighting shall be designed to minimize
off-site impacts. Security lighting around
the base of the tower may be provided if
~ 42-69
SALINA CODE
the lighting is shielded so that no light is
directed towards adjacent properties or
rights-of-way.
(6) Security fencing. 'lbwers and associated
accessory buildings and equipment shall
be enclosed by a security fence or wall
that is a minimum of six (6) feet in height
and is equipped with an anti-climbing
device or apparatus. Access shall be
through a locked gate or door in the
required fence or wall. Additional mea-
sures may be required as a condition of
the issuance of an administrative permit
as deemed necessary by the planning di-
rector or the planning commission or board
of commissioners in the case of a special
permit, so long as the additional mea-
sures are reasonably related to a security
issue.
(7) Outdoor storage. No outdoor storage of
vehicles, materials, or equipment is per-
mitted. Equipment not used in direct sup-
port of the facility shall not be stored or
parked on site unless repairs to the facil-
ity are being made.
(8) Signs. No signs, including commercial ad-
vertising, logo, political signs, flyers, flags,
or banners, but excluding warning signs,
shall be allowed on any part of the tower
or antenna site. Any signs placed in vio-
lation of this section shall be removed
immediately at the owner or operator's
expense. Notwithstanding any contrary
provisions of the city's zoning ordinance,
the following warning signs shall be uti-
lized in connection with the tower or an-
tenna site, as applicable:
a. If high voltage is necessary for the
operation of the tower or associated
equipment, "HIGH VOLTAGE-
DANGER" warning signs shall be
permanently attached to each side of
the fence or wall surrounding the
structure.
b. "NO TRESPASSING" warning signs
shall be permanently attached to the
fence or wall surrounding the struc-
ture and spaced no more than forty
Supp. No. 16
2474.12
(40) feet apart; (a) the height of the
lettering of the warning signs shall
be at least twelve (12) inches and the
signs shall be installed at least five
(5) feet above the fmished grade; (b)
the warning signs may be attached
to freestanding poles if the content
of the sign may be obstructed by
landscaping.
c. A sign on the gate indicating the
name and address of the tower owner
and a phone number where the tower
owner can be reached twenty-four
(24) hours a day in case of an emer-
gency shall be permanently attached
to the fence.
(9) Parking. Each facility site shall provide
paved parking for use by maintenance
personnel. A minimum of one (1) space
shall be provided per user located on the
facility site. No vehicle storage shall be
permitted.
(10) Landscaping. Facilities must comply with
all applicable landscaping requirements
of the zoning ordinance. The planning
director, planning commission or board of
commission may require landscaping in
excess of those requirements in order to
enhance compatibility with adjacent uses
or zoning districts. At a minimum, the
landscaping shall consist of a landscape
strip of not less than ten (10) feet in width
planted with materials which will provide
a visual barrier to a minimum height of
six (6) feet, as approved by the city. The
landscape strip shall be exterior to any
security fence or wall.
(11) Facility replacement.
a. Modification to existing site. Up to
fifty (50) percent of the height of an
existing tower may be replaced with
no resulting increase in height as
part of modifications made to pro-
vide for co-location of a new facility.
Replacement of more than fifty (50)
percent shall be considered a new
e
ZONING REGULATIONS
.
tower and shall meet all of the ap-
plicable requirements for new con-
struction.
e
b. Rebuilding damaged or destroyed ex-
isting site. Existing tower and facil-
ities that are damaged or destroyed
may be rebuilt through administra-
tive review and approval by the plan-
ning director provided the replace-
ment tower or facility is the same as
the original in type, location, and
intensity or brings a previously non-
conforming tower or facility into a
greater conformance with these stan-
dards, and no more than fifty (50)
percent of the tower or facility is
involved. If more than fifty (50) per-
cent of the tower or facility is in-
volved, it shall be considered a new
facility and shall meet all the appli-
cable requirements for new construc-
tion. All replacement shall comply
with then applicable building codes
and a new administrative permit or
special permit and building permit
shall be obtained and be completed
within one hundred eighty (180) days
from the date the tower or facility
was damaged or destroyed. If no
permit is obtained or it expires, or
replacement is not timely completed,
the tower of facility shall be deemed
abandoned.
.
(12) Removal of abandoned facility. Any facil-
ity deemed abandoned pursuant to this
chapter or any facility that is not operated
for a continuous period of twelve (12)
months shall be considered abandoned,
and the owner or last operator thereof
shall remove it within ninety (90) days of
receipt of a "written notice to remove"
from the city. Failure to remove an aban-
doned tower or facility within ninety (90)
days shall be grounds to remove it at the
owner's or last operator's expense. If there
are two (2) or more users of a single tower
or facility, then this provision shall not
become effective until all users cease us-
ing it.
e
Supp. No. 16
~ 42-75
(i) General requirements. Wireless communica-
tion providers shall comply at all times with the
current applicable FCC and FAA standards and
regulations. Prior to the issuance of a building
permit to construct a facility, the owner/applicant
or operator/applicant shall provide the city with
the required clearances, licenses and certifica-
tions from all agencies of the federal government
with the authority to regulate towers and anten-
nas.
(1) Building Codes; safety standards. To en-
sure the structural integrity of towers the
owner or operator of a tower shall ensure
that it is maintained in compliance with
standards contained in applicable federal,
state or local building codes and the ap-
plicable standards for towers that are
published by the Electronic Industries
Association ("EIA") as amended from time
to time. If, upon inspection, the building
official concludes that a tower fails to
comply with such codes and standards,
then upon notice being provided to the
operator or owner of the tower, the oper-
ator shall have thirty (30) days to bring
the tower into compliance with such stan-
dards. Failure to bring a tower into com-
pliance within thirty (30) days shall con-
stitute grounds for removal of the tower
at the owner or operator's expense.
(2) Structural design. Towers shall be con-
structed to current EIA standards, which
may be amended from time to time, and
all applicable building codes adopted by
the city. Furthermore, any improvements
and/or additions to existing towers shall
comply with the requirements of this chap-
ter and shall require submission of con-
struction plans sealed and verified by a
professional engineer which demonstrate
compliance with the EIA standards and
all other good industry practices. The plans
shall be submitted and reviewed at the
time building permits are requested.
(Ord. No. 98-9885, ~ 1, 8-17-98; Ord. No. 01-
10033, ~ 1,6-4-01)
Sees. 42-70-42-75. Reserved.
2474.13
~ 42-76
SALINA CODE
ARTICLE v: GENERAL BULK
REGULATIONS
Sec. 42-76. Bulk requirements.
(a) In this chapter, bulk requirements are ex-
pressed in terms of maximum structure height,
maximum lot coverage, minimum setbacks and
minimum front, side and rear yards. No struc-
ture, or part thereof, shall hereafter be built, or
moved or remodeled, and no structure or land
shall hereafter be used, occupied, arranged or
designed for use of occupancy:
(1) So as to exceed the maximum lot coverage
percentage, or the maximum of structure
height specified for the zoning district in
which the structure is located;
(2) So as to provide any setback or front, side
or rear yard that is less than that speci-
fied for the zoning district in which such
structure or use of land is located or
maintained;
(3) Which is smaller in area than the mini-
mum area, or minimum lot area per dwell-
ing unit, required in the zoning district in
which the structure or land is located;
(4) Which is narrower than the minimum lot
width required in the zoning district in
which the structure or land is located; or
(5) Which is shallower than the minimum lot
depth required in the zoning district in
which the structure or land is located.
(b) No existing structure shall hereafter be
remodeled so as to conflict or further conflict with
the lot area per dwelling unit requirements for
the zoning district.
(Code 1966, ~ 36-500)
Sec. 42-77. Yard requirements for open land.
If a zoning lot is, or will be, occupied by a
permitted use without structures, then the mini-
mum setback and minimum side and rear yards
that would otherwise be required for such zoning
lots shall be provided and maintained unless
some other provision of this chapter requires or
permits a different minimum setback, front, side
or rear yard. The front, side and rear yards shall
Supp. No. 16
not be required on zoning lots used for garden
purposes without structures, or on zoning lots
used for open public recreation areas.
(Code 1966, ~ 36-501)
Sec. 42-78. Restrictions on allocation and
disposition of required yards or
open space.
(a) No part of the lot area, or of a yard, or other
open space, or off-street parking or loading space
provided in connection with any structure or use
in order to comply with this chapter shall, by
reason of change of ownership or otherwise, be
included as part of the minimum lot area or of a
yard, or open space, or off-street parking or load-
ing space required for any other structure or use,
except as specifically provided herein.
(b) All of the lot area and all yards and other
open spaces provided in connection with any
structure or use in order to comply with this
chapter shall be located on the same lot as such
structure or use.
(c) No part of the lot area, or of a yard, or other
open space, or off-street parking or loading space
provided in connection with any structure or use
(including, but not limited to, any structure or use
existing on the effective date of this chapter or of
any amendment thereoO shall be subsequently
reduced below, or further reduced if already less
than, the minimum requirements of this chapter
for the equivalent new construction.
(Code 1966, ~ 36-502)
Sec. 42-79. Permitted obstructions in re-
quired yards.
The following shall not be considered to be
obstructions when located in a required yard:
(1) In all yards. Open terraces not over thirty-
six (36) inches above the average level of
the adjoining ground but not including a
permanently roofed-over terrace or porch;
awnings or canopies; steps thirty-six (36)
inches or less above grade which are nec-
essary for access to a permanent struc-
ture or for access to a lot from a street or
alley; arbors and trellises; flagpoles; and
signs, when permitted by article X of this
chapter.
2474.14
e
.
e
.
e
ZONING REGULATIONS
(2) In any yard except a front yard. Accessory
uses permitted by article IV of this chap-
ter; recreational and laundry drying equip-
ment; and open space and enclosed fences
not exceeding six (6) feet in height. If any
provision in this chapter requires a fence
in a front yard, or a fence that has a
minimum height in excess of five (5) feet,
then such fence shall be a permitted ob-
struction within the meaning of this sec-
tion.
(3) In front yards. Open, unenclosed porches
projecting eight (8) feet or less and fences
on comer or double frontage lots in accor-
dance with the requirements of section
8-407(1).
(Code 1966, ~ 36-503; Ord. No. 80-8795, ~ 1,
6-23-80; Ord. No. 81-8842, ~ 1, 3-23-81)
Sec. 42-80. Lot size requirements and bulk
regulations for public utility fa-
cilities.
Notwithstanding any other provision of this
chapter, none of the following public utility or
public service uses shall be required to comply
with the lot size requirements and bulk regula-
tions of the zoning district in which they are
located:
(1) Cable TV poles;
(2) Electric and telephone substations and
distribution systems;
(3) Gas regulator stations;
(4) Poles, wires, cables, conduits, vaults, lat-
erals, pipes, mains, valves, or other simi-
lar equipment for the transmission of
electricity, gas or water;
(5) Pumping stations;
(6) Radio, television and microwave transmit-
ting or relay stations and towers;
(7) Transformer stations;
(8) Water towers or standpipes;
(9) Any other similar use.
(Code 1966, ~ 36-504)
Supp. No. 16
2474.15
~ 42-110
Sec. 42-81. Obstructing visibility at intersec-
tions.
See sections 35-51 et seq.; for regulations con-
cerning obstructing visibility at intersections.
(Code 1966, ~ 36-505)
Sec. 42-82. Corner lots in residential dis-
tricts.
(a) On any comer lot in the R, R-1, R-2, R-2.5,
R-3 and MH-S districts a single-family or two-
family dwelling shall be required to maintain a
front yard setback adjacent to only (1) street. The
front yard setback shall be required adjacent to
the street abutting the principal entrance which
shall be identified as the official address assigned
to the property. For the non-address side of a
comer lot, the following setback requirements
shall apply:
(1) When the non-address side of a dwelling
is on a residential or collector street, the
required front yard setback may be re-
duced to fifteen (15) feet if the lot is back
to back with another comer lot and to
twenty (20) feet in every other case.
(2) All detached garages, attached garages
and carports facing the street on the non-
address side of a dwelling shall be set
back at least twenty (20) feet from the
property line.
(b) In the case of a comer lot which is a platted
lot of record that is fifty (50) feet in width or less,
one (1) of the two (2) required front yards may be
reduced to no less than fifteen (15) feet, subject to
the requirements of subsection (2) above relating
to garage setbacks.
(Ord. No. 95-9709, ~ 1, 10-16-95)
Sees. 42-83-42-100. Reserved.
ARTICLE VI. DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sees. 42-101-42-110. Reserved.
~ 42-111
SALINA CODE
DIVISION 2. A-I AGRICULTURAL DISTRICT
Sec. 42-111. Design.
The A-I district is designed to reflect the pat-
tern ofland uses that are found in the rural areas
of the city.
(Code 1966, ~ 36-600)
Supp. No. 16
2474.16
e
ZONING REGULATIONS
fi 42-112
Sec. 42-112. Permitted uses.
Permitted uses in the A-I district are as follows:
(1) Agriculture, as defined in this chapter;
(2) Cemeteries, including crematories and mau-
soleums when used in conjunction with a
cemetery, but not including mortuaries;
(3) Dog kennels or animal hospitals, provided
no structure or pen housing any animals
shall be located nearer than seven hundred
fifty (750) feet to the boundary of any resi-
dential district;
(4) Dwellings, single-family;
(5) Family-care facilities;
(6) Oil or gas well drilling, provided such well
is, or will be, located more than five hun-
dred (500) feet from any school, residential
district boundary, or any residential build-
ing other than a residential building occu-
pied by the owner, lessee or operator of the
premises on which the well is located (see
section 42-113);
(7) Public service and public utility uses, as
follows, provided such use is, or will be,
located more than three hundred (300) feet
from the boundary of any residential dis-
trict (see section 42-113):
a. Ambulance service;
b. Electric and telephone substations and
distribution centers;
c. Gas regulator stations;
d. Poles, wires, cables, conduits, vaults,
laterals, pipes,mains, valves and other
similar equipment for the transmission,
as distinguished from distribution to
consumers, of telephone or other com-
munications, electricity, gas or water,
operated or maintained by a public util-
ity, as defined in this chapter;
Police and fire stations;
Pumping stations;
Radio, television and microwave trans-
mitting or relay stations and towers;
Telephone exchanges;
i. Transformer stations;
J. Water reservoirs and standpipes;
(8) Recreational and social facilities, as follows:
a. Country clubs, including golf, swimming
and tennis clubs;
b. Golf courses, but not including golf driv-
ing ranges, pitch and putt, or minia-
ture golf courses;
c. Parks and playgrounds;
d. Privately owned dwellings for seasonal
occupancy and not designed or used for
permanent occupancy, such as summer
homes and cottages, and hunting and
fishing lodges and cabins;
e. Public athletic fields.
(9) Religious institutions, as follows:
a. Churches, chapels, temples, synagogues,
cathedrals, and shrines;
b. Convents, seminaries, monasteries, and
nunneries;
c. Rectories, parsonages and parish houses.
(10) Riding stables, provided no structure hous-
ing horses shall be located nearer than seven
hundred fifty (750) feet. to the boundary of
any residential district;
(11) Well head stations, well separators and other
similar above-the-ground facilities customarily
used for the distribution, transmission or
storage of oil or natural gas, provided no
such equipment shall be located nearer than
five hundred (500) feet from the boundary
of any residential district. Such equipment
may be in enclosed buildings or in the open,
but it must be completely enclosed behind
a chain link fence with a two (2) inch or
less mesh, or its equivalent, not less than
six (6) feet in height;
(12) Accessory and temporary uses, and home
occupations, as permitted by article IV of
this chapter;
(13) Signs, as permitted by article X of this chapter;
(14) Off-street parking, as required by article
XI of this chapter. (Code 1966, ~ 36-600(1);
Ord. No. 80-8796, ~ 1, 7-7-80)
.
e
e.
. f.
g.
h.
e Supp. No. 2
2475
fi 42-113
SALINA CODE
Sec. 42-113. Conditional uses.
Conditional uses in the A-I district are as follows:
(1) Airports;
(2) Campgrounds, subject to the provisions of
section 42-224(b) and (c);
(3) Community sewage treatment plants;
(4) Educational institutions as follows:
a. Boarding schools and academies;
b. Colleges and universities;
c. Primary, intermediate and secondary
schools.
(5) Excavation, extraction, or mining of sand,
gravel, or other raw materials from the
earth for resale. The conditions imposed on
such excavation, extraction, or mining may
include, but are not limited to, requirements
for setbacks from schools and residential
districts, screening, fencing, redevelopment,
and restrictions on the grade of the excava.
tion and vehicular access thereto;
(6) Greenhouses and nurseries;
(7) Group-care facilities;
(8) Group day-care centers when located in a
nonresidential building;
(9) Hospitals, sanitariums, rest homes and nurs-
ing homes;
(10) Libraries and museums;
(11) Noncommercial recreational buildings,
community centers, auditoriums, sta.
diums, and arenas;
(12) Oil or gas well drilling when not permitted
by section 42-112;
(13) Power plants;
(14) Public service and public utility uses listed
in section 42-112(7), but which are, or will
be located nearer than three hundred (300)
feet to the boundary of a residential district;
(15) Public utility substations;
(16) Recreational facilities such as campgrounds,
youth camps, gun clubs, and skeet and trap
shooting ranges;
Supp. No.2
(17) Sanitary landfill, subject to state require.
ments. (Code 1966, ~ 36-600(2); Ord. No.
80-8796, i 2, 7-7-80)
Sec. 42-114. Lot size requirements.
Lot size requirements in the A-I district are as
follows:
(1) Minimum lot area: four (4) acres.
(2) Minimum lot width: two hundred (200) feet.
(3) Minimum lot depth: two hundred (200) feet.
(Code 1966, i 36-600(3))
Sec. 42-115. Bulk regulations.
Bulk regulations in the A-I district are as follows:
(1) Maximum structure height: forty-five (45) feet.
(2) Yard requirements:
a. Minimum front yard:
1. Eighty (80) feet, measured from the
center line of the street or fifty (50)
feet, measured from the front lot line,
whichever is greater.
2. When an addition to an existing non-
conforming structure located on a cor-
ner lot is to be constructed, said ad-
dition may be allowed to match the
front yard setback of the existing
structure, provided that the front yard
so affected does not abut an arterial
street with right-of-way less than one
hundred (100) feet, and further pro-
vided that the construction conforms
with all remaining bulk regulations.
b. Minimum side yard on each side of a
zoning lot:
L Single-family dwellings: ten (10) feet.
2. All other permitted and conditional
uses: twenty.five (25) feet.
c. Minimum rear yard: twenty-five (25) feet.
(Code 1966, ~ 36-600(4); Ord. No. 84-9003,
~ 1, 2-13-84)
Sees. 42-116-42-125. Reserved.
2476
e
ZONING REGULATIONS
~ 42.130
.
DIVISION 3. RS SINGLE-F AMIL Y
RESIDENTIAL SUBURBAN
DISTRICT
Sec. 42-126. Design.
The RS district is designed for single-famHj
dwellings and compatible uses, at a density not
less than one acre per dwelling unit (1 unit/acre).
(Code 1966, ~ 36-601)
Sec. 42-127. Permitted uses.
Permitted uses in the RS district are as follows:
(1) Agriculture as defined in this chapter;
(2) Dwellings, single.family detached;
(3) Family-care facilities;
(4) Golf courses, not including accessory club-
houses, golf driving ranges, pitch and putt
or miniature golf courses;
e (5) Parks and playgrounds;
(6) Accessory and temporary uses and home
occupations, as permitted by article IV of
this chapter;
m Signs, as pennitted by article X of this chapter;
(8) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, ~
36-601(1); Ord. No. 80-8796, ~ 3, 7-7-80)
Sec. 42-128. Conditional uses.
Conditional uses in the RS district are as follows:
(ll Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group-care facilities;
(3) Group day-care centers providing care for
no more than twelve (12) children in an
occupied dwelling or with no maximum lim-
itation if located in a nonresidential building;
. (4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provisions of adequate screen-
ing, waste disposal facilities, pest control
e and fencing;
Supp. No.7
2477
(5) Hospitals, sanitariums, rest homes and nurs-
ing homes, provided that they shall be
screened from adjacent residential property
and shall be directly accessible to a collec-
tor or arterial street;
(6) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission, and provided further, that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Substations;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Ambulance services.
(7) Schools: primary, intermediate and serondary;
(8) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~
36-601(2); Ord. No. 80-8796, ~ 4, 7-7-80; Ord.
No. 81-8863" ~ 2, 8-3-81; Ord. No. 88-9287,
~ 1, 11-14-88)
Sec. 42-129. Lot size requirements.
Lot size requirements in the RS district are as
follows:
(1) Minimum lot area: one acre.
(2) Minimum lot width: one hundred (100) feet.
(3) Minimum lot depth: one hundred fifty (150)
feet. (Code 1966, ~ 36-601(3))
Sec. 42-130. Bulk regulations.
Bulk regulations in the RS district are as follows:
(1) Maximum structure height: thirty.five (35)
feet.
(2) Yard requirements:
a. Minimum front yard:
1. Eighty (80) feet, measured from the
center line of the street or fifty (50)
~ 42.130
SALINA CODE
feet, measured from the front lot line;
whichever is greater. .
2. When an addition to an existing non-
conforming structure located on a cor-
ner lot is to be constructed, said ad-
dition may be allowed to match the
front yard setback of the existing
structure, provided that the front yard
so affected does not abut an arterial
street with right-of-way less than one
hundren (lOOl feet, and further pro-
vided that the construction conforms
with all remaining bulk regulations.
b. Minimum side yard on each side of a
zoning lot:
1. Single-family dwellings: Ten (0) feet.
2. Group day care centers located in an
existing structure resided in by one
or more members of the family op-
erating such a facility: ten (10) feet.
3. All other permitted. and conditional
uses: twenty-five (25) feet.
c. Minimum rear yard: thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, * 36-60H4); Ord. No. 84-9003, *
2,2-13-84; Ord. No. 85-9116, * 1, 12-23-85)
Sees. 42-131-42-140. Reserved.
DIVISION 4. R SINGLE-F AMIL Y
RESIDENTIAL DISTRICT
Sec. 42-141. Design.
The R district is designed to provide a single-
family dwelling zone at a density of not less than
eight thousand five hundred (8,500) square feet
per dwelling unit (5.1 units/acre). (Code 1966, ~
36-602 )
Sec. 42-142. Permitted uses.
Permitted uses in the R district are as follows:
(1) Agriculture, as defined in this chapter;
12) Dwellings, single-family detached;
Supp. No.7
(3) Family-care facilities;
(4) Golf courses, but not including accessory
clubhouses, or golf driving ranges, pitch
and putt or miniature golf courses;
(5) Parks and playgrounds;
(6) Accessory and temporary uses and home
occupations, as permitted by article IV of
this chapter;
(7) Signs, as permitted by article X of this chapter;
(8) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, *
36-602(1); Ord. No. 80-8796, ~ 5, 7-7-80)
Sec. 42-143. Conditional uses.
Conditional uses in the R district are as follows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group-care facilities;
(3) Group day-care centers providing care for
no more than twelve (12) children in an
occupied dwelling or with no maximum lim-
itation if located in a nonresidential building;
(4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provisions of adequate screen-
ing, waste disposal facilities, pest control
and fencing;
(5) Hospitals, sanitariums, rest homes and nurs-
ing homes, provided that they shall be
screened from adjacent residential property
and shall be directly accessible to a collec-
tor or arterial street;
(6) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission and provided further that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
2478
e
.
e
.
.
ZONING REGULATIONS
~ 42-145
(7) Schools: primary. intermediate and secondary;
(8) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~
36-602(2); Ord. No. 80-8796, ~ 6,7-7-80; Ord.
No. 81-8863, ~ 3,8-3-81; Ord. No. 87-9207,
~ 1,9-28-87; Ord. No. 88-9287, ~ 2, 11-14-88)
Sec. 42-144. Lot size requirements.
Lot size requirements in the R district are as
follows:
(1) Minimum lot area:
a. Single-family detached dwellings: eight
thousand five hundred (8,500) square feet.
b. Group day care centers located in an ex-
isting structure resided in by one or more
members of the family operating such a
facility: eight thousand five hundred (8,500)
square feet.
c. All other permitted and conditional uses:
fifteen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family detached dwellings: seventy
(70) feet.
b. Group day care centers located in an ex-
isting structure resided in by one or more
members of the family operating such a
facility: seventy (70) feet.
c. All other permitted and conditional uses:
one hundred (l00) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-602(3); Ord. No. 85-9116, ~
2, 12-23-85)
Sec. 42-145. Bulk regulations.
Bulk regulations for the R district are as follows:
(1) Maximum structure height: thirty-five (35)
feet.
(2) Yard requirements:
a. Front yard:
Supp. No.7
2479
1. Property located adjacent to the fol-
lowing various types of streets shall
maintain the following yard re-
quirements regardless of whether it
is a front, side, or rear yard, or any
combination thereof:
1. Residential street: twenty-five (25)
feet from the property line or
fifty-five (55) feet from the cen-
ter line, whichever is greater.
11. Collector street: twenty-five (25)
feet from the property line or
fifty-five (55) feet from the cen-
ter line, whichever is greater.
iii. Arterial street: twenty-five (25)
feet from the property line or
seventy-five (75) feet from the
center line, whichever is greater.
2. When an addition to an existing non-
conforming structure located on a cor-
ner lot is to be constructed, said ad-
dition may be allowed to match the
front yard setback of the existing
structure, provided that the front yard
so affected does not abut an arterial
street with right-of-way less than one
hundred (100) feet, and further pro-
vided that the construction conforms
with all remaining bulk regulations.
3. Where not less than seventy (70) per-
cent of the zoning lots between two
(2) intersecting public street rights-
of-way have developed, any newly con-
structed single-family dwelling may
maintain the same front yard setback
of either adjacent existing dwelling,
provided that all of the following con-
ditions exist:
i. The adjacent property to be
matched has not been granted a
variance from front yard setback.
ii. Neither adjacent land use is used
for nonresidential purposes.
iii. The proposed dwelling is not to
be placed on a corner lot.
iv. The structure is proposed to be
placed no closer than fifteen (15)
feet from the front property line.
~ 42.145
SALINA CODE
b. Minimum side yards:
1. Residential buildings: seven and five-
tenths (7.5) feet on each side of the
zoning lot.
2. Group day care centers located in an
existing structure resided in by one
or more members of the family op-
erating such facility: seven and five-
tenths (7.5) feet on each side of the
zoning lot.
3. All other permitted and conditional
uses: fifteen (15) feet on each side of
the zoning lot, except accessory uses
which shall be permitted and governed
by article IV of the chapter.
c. Minimum rear yard: thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, ~ 36-602(4); Ord. No. 84-9003. ~
3, 2-13-84; Ord. No. 85-9116, ~ 3, 12-23-85;
Ord. No. 86-9142, ~ 1,7-21-86)
Sees. 42-146-42-155. Reserved.
DIVISION 5. R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42-156. Design.
The R-1 district is designed to provide a dwell-
ing zone at a density of not less than six thousand
16,000) square feet per dwelling unit (7.26 unit:.s;acrel.
(Code 1966, 9 36-603)
Sec. 42-157. Permitted uses.
Permitted uses in the R-1 district are as follows:
(II Dwellings, single-family detached:
12) Family-care facilities;
(31 Golf courses, but not including accessory
clubhouses, or golf driving ranges, pitch
and putt or miniature golf courses;
141 Home occupations;
151 Parks and playgrounds;
161 Accessory and temporary uses, as permit-
ted by article IV of this chapter;
Supp. No.7
i 7) Signs. as permitted by article X of this chapter;
(8) Off-street parking and loading, as required
by article XI of this chapter. (Code 1966, *
36-603(1); Ord. No. 80-8796, ~ 7. 7-7-80)
Sec. 42-158. Conditional uses.
Conditional uses in the R-l district are as follows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group-care facilities;
(3) Group day-care centers providing care for
no more than twelve (12) children in an
occupied dwelling or with no maximum lim-
itation if located in a nonresidential building;
14) Hobby breeders keeping between eleven III j
and nineteen (19) dogs on a zoning lot, sub.
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(5) Hospitals, sanitariwns, rest homes and mrrs-
ing homes, provided that they shall be screened
from adjacent residential property and shall
be located on an arterial street;
(6) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission, and provided further, that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Ambulance service:
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes;
(7) Schools: primary, intennediate and secondary;
(8) Swimming clubs, tennis clubs and clubhouses
accessory to golf courses;
(9) YMCA, YWCA and other similar uses, as
defined in this chapter. (Code 1966, ~
36-603(2); Ord. No. 80-8796, ~ 8, 7-7-80; Ord.
No. 81-8863, ~ 4, 8-3-81; Ord. No. 87-9208,
~ 1,9-28-87; Ord. No. 88-9287, ~ 3, 11-14-88)
2480
e
ZONING REGULATIONS
~ 42-160
Sec. 42.160. Bulk regulations.
center line, whichever is
greater.
ii. Collector street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater. .
iii. Arterial street: twenty-five
(25) feet from the property line
or seventy-five (75) feet from
the center line, whichever is
greater.
2. When an addition to an existing
nonconforming structure located
on a corner lot is to be constructed,
said addition may be allowed to
match the front yard setback of the
existing structure, provided that
the front yard so affected does not
abut an arterial street with right-
of-way less than one hundred (100)
feet, and further provided that the
construction conforms with all re-
maining bulk regulations.
3. Where not less than seventy (70)
percent of the zoning lots between
two (2) intersecting public street
rights-of-way have developed, any
newly constructed single-family
dwelling may maintain the same
front yard setback of either adja-
cent existing dwelling, provided
that all of the following conditions
exist:
Sec. 42.159. Lot size requirements.
.
Lot size requirements in an R-1 district are as
follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six
thousand (6,000) square feet.
b. Group day care centers located in an
existing structure resided in by one or
more members of the family operating
such a facility: six thousand (6,000)
square feet.
c. All other permitted and conditional
uses: fifteen thousand (15,000) square
feet.
(2) Minimum lot width:
a. Single-family detached dwellings: sixty
(60) feet.
b. Group day care centers located in an
existing structure resided in by one or
more members of the family operating
such a facility: sixty (60) feet.
c. All other permitted and conditional
uses: one hundred (100) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-603(3); Ord. No. 85-9116, ~ 4,
12-23-85; Ord. No. 87-9208, ~ 2, 9-28-87)
e
.
Bulk regulations in the R-1 district are as fol.
lows;
(1) Maximum structure height: thirty-five (35)
feet.
(2) Yard requirements:
a. Front yard:
1. . Property located adjacent to the fol-
lowing various types of streets
shall maintain the following yard
requirements regardless of
whether it is a front, side, or rear
yard, or any combination thereof:
i. Residential street: twenty. five
(25) feet from the property line
or fifty-five (55) feet from the
1. The adjacent property to be
matched has not been granted
a variance for front yard set-
back.
ii. Neither adjacent land use is
used for nonresidential pur-
poses.
iii. The proposed dwelling is not
to be placed on a corner lot.
iv. The structure is proposed to be
placed no closer than fifteen
(15) feet from the front prop-
erty line.
e
Supp. No.9
2481
~ 42-160
SALINA CODE
b. Minimum side yard:
1. Residential buildings: seven and
five-tenths (7.5) feet on each side
of the zoning lot.
2. Group day care centers located in
an existing structure resided in by
one or more members of the family
operating such a facility: seven and
five-tenths (7.5) feet on each side
of the zoning lot.
3. All other permitted and condi-
tional uses: twenty-five (25) feet on
each side of the zoning lot, except
accessory uses which shall be per-
mitted and governed by article IV
of the chapter.
c. Minimum rear yard: twenty-five (25)
percent of the depth of the lot but need
not exceed thirty (30) feet.
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, ~ 36-603(4); Ord. No. 84-9003, ~ 4,
1-13-84; Ord. No. 85-9116, ~ 5, 12-23-85; Ord. No.
86-9142, ~ 2, 7-21-86; Ord. No. 87-9208, ~ 3,
9.28-87)
Sees. 42.161-42.170. Reserved.
DIVISION 6. R-2 MULTIPLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42-171. Design.
The R-2 district is designed to provide for
multiple-family development at a minimum of
three thousand (3,000) square feet per dwelling
unit with the provision that no single lot may be
less than six thousand (6,000) square feet in area
(14.5 units/acre).
(Code 1966, ~ 36-604)
Sec. 42.172. Permitted uses.
Permitted uses in the R-2 district are as follows:
(1) Dwellings:
a. Single-family detached;
b. Single-family attached, not exceeding
two (2) units per building;
c. Two-family detached;
Supp. No.9
(2) Family-care facilities;
(3) Golf courses, but not including accessory
clubhouses or commercial golf driving
ranges, pitch and putt or miniature golf
courses;
(4) Home occupations;
(5) Park and playgrounds;
(6) Accessory and temporary uses, as permitted
by article IV of this chapter;
(7) Signs, as permitted by article X of this
chapter;
(8) Off.street parking and loading, as required
by article XI of this chapter.
(Code 1966, ~ 36.604(1); Ord. No. 80-8796, ~ 9,
7-7-80; Ord. No. 89-9316, ~~ 1, 5, 3-6-89)
Sec. 42.173. Conditional uses.
Conditional uses in the R-2 district are as fol-
lows:
(1) Churches, chapels, temples, synagogues, ca.
thedrals and shrines;
(2) Group care facilities;
(3) Group day care centers providing care for
no more than twelve (12) children in an oc-
cupied dwelling or with no maximum lim-
itation if located in a nonresidential
building;
(4) Group rehabilitation facility;
(5) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(6) Hospitals, sanitariums, rest homes and
nursing homes, provided that they shall be
screened from adjacent residential prop-
erty and shall be directly accessible to a
collector or arterial street;
(7) Multiple-family dwellings; provided how-
ever, that any such use which exists on
March 10, 1989, shall not be deemed to be
a nonconforming use but shall, without fur-
2482
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.
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.
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ZONING REGULATIONS
~ 42-175
ther action be deemed a lawful conforming
use;
(8) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission and provided further that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(9) Rooming and boarding houses;
(10) Schools: primary, intermediate and sec-
ondary;
(11) Single-family attached dwellings exceeding
two (2) but not exceeding six (6) units per
building;
(12) Swimming clubs, tennis clubs and club-
houses accessory to golf courses;
(13) YMCA, YWCA and other similar uses, as
defined in this chapter.
(Code 1966, ~ 36-604(2); Ord. No. 80-8796, ~ 10,
7-7-80; Ord. No. 81-8863, ~ 5, 8-3-81; Ord. No. 84-
9020, ~ 1, 5-7-84; Ord. No. 87-9209, ~ 1, 9-28-87;
Ord. No. 88-9287, 11-14-88; Ord. No. 89-9316, ~~
2, 5, 3-6-89; Ord. No. 91-9465, ~ 1, 9-9-91)
Sec. 42.174. Lot size requirements.
Lot size requirements in the R-2 district are as
follows:
(1) Minimum lot area:
a. Single-family and two-family detached
dwellings: six thousand (6,000) square
feet.
b. Single-family attached dwellings: three
thousand (3,000) square feet per
dwelling.
c. Group day care centers located in an
existing structure resided in by one (1)
or more members of the family oper-
ating such a facility is a:
1. Single-family detached dwelling:
six thousand (6,000) square feet;
and
Supp. No.9
2. Single-family attached or two-
family dwelling: three thousand
(3,000) square feet per family.
d. Multifamily: three thousand (3,000)
square feet per family but not less than
six thousand (6,000) square feet.
e. Other-permitted and conditional uses:
fifteen thousand (15,000) square feet.
(2) Minimum low width:
a. Single-family and two-family detached
dwellings: fifty (50) feet.
b. Single-family attached dwellings:
twenty-four (24) feet, except that for
corner lots the minimum shall be forty
(40) feet.
c. Two-family dwelling: fifty (50) feet.
d. Group day care centers located in an
existing structure resided in by one (1)
or more members of the family oper-
ating such a facility in a single-family
or two-family dwelling: fifty (50) feet.
e. Multiple-family dwellings and other
permitted and conditional uses: sixty
(60) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-604(3); Ord. No. 85-9116, ~ 6,
12-23-85; Ord. No. 87-9209, ~ 2, 9.28-87; Ord. No.
89-9316, ~~ 3, 5, 3-6-89)
(4) Maximum lot coverage:
a. Permitted uses: thirty-five (35) percent.
b. Conditional uses: forty (40) percent.
(Code 1966, ~ 36.604(4); Ord. No. 84-9003, ~ 5,
1-13-84; Ord. No. 85-9116, ~ 7, 1~-23-85; Ord. No.
86-9142, ~ 3, 7-21-86; Ord. No. 87-9209, ~ 3,
9-28.87; Ord. No. 89-9316, ~~ 4, 5, 3-6-89)
Sec. 42.175. Bulk regulations.
Bulk regulations in the R-2 district are as fol.
lows:
(1) Maximum structure height:
a. Permitted uses: thirty-five (35) feet;
b. Conditional uses: fifty (50) feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets
2483
~ 42-175
SALINA CODE
shall maintain the following yard
requirements regardless of
whether it is a front, side, or rear
yard, or any combination thereof:
i. Res.identia1stTeet: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
centerline, whichever is
greater.
ii. Collector street: twenty-five
(25) feet from the property line
of flfty-five (55) feet from the
centerline, whichever is
greater.
iii. Arterial street: twenty-five
(25) feet from the property line
or seventy-five (75) feet from
the centerline, whichever is
greater.
2. When an addition to an existing
nonconforming structure located
on a corner lot is to be constructed,
said addition may be allowed to
match the front yard setback of the
existing structure; provided, that
the front yard so affected does not
abut an arterial street with right-
of-way less than one hundred (100)
feet; and further provided, that the
construction conforms with all re-
maining bulk regulations.
b. Minimum side yard:
1. Residential buildings: seven and
five-tenths (7.5) feet on each side
of the zoning lot; except that:
i. Residential buildings which
have the entrances to two (2)
or more units facing the side
yard shall have a minimum
side yard often (10) feet on the
side of the building on which
such entrances are located.
ii. Single-family attached resi-
dential dwellings may have
the side yard reduced to zero
at the common lot line.
2. Group day care centers located in
an existing structure resided in by
Supp. No.9
one (1) or more members of the
family operating such a facility:
seven and five.tenths (7.5) feet on
each side of the zoning lot; except
that residential buildings which
have the entrances to two (2) or
more units facing the side yard
shall have the minimum side yard
of ten (10) feet on the side of the
building on which such entrances
are located.
3. All other permitted and condi-
tional uses shall have a side yard
on each side of twenty (20) feet, ex.
cept accessory uses which shall be
permitted and governed by article
IV of the chapter.
4. There shall be an additional side
yard setback of one (1) foot for each
two (2) feet of height over forty (40)
feet.
c. Minimum rear yard: twenty-five (25)
feet.
Secs. 42.176-42.185. Reserved.
DMSION 7. R-2.5 MULTIPLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42.186. Design.
The R-2.5 district is designed to provide for
multiple-family development at minimum of two
thousand (2,000) square feet per dwelling unit with
the provision that no single lot may be less than
six thousand (6,000) square feet in area (21.8 units/
acre).
(Code 1966, ~ 36-604A)
Sec. 42.187. Permitted uses.
Permitted uses in the R-2.5 district are as fol-
lows;
(1) Dwellings:
a. Single-family;
b. Two-family;
c. Multiple-family;
d. Rooming and boardinghouses.
(2) Family-care facilities;
2484
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.
e
.
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ZONING REGULATIONS
(3) Golf courses, but not including accessory
clubhouses or commercial golf driving
ranges, pitch and putt or miniature golf
courses;
(4) Group-care facilities;
(5) Home occupations;
(6) Parks and playgrounds;
(7) Accessory and temporary uses, as permitted
by article IV of this chapter;
(8) Signs, as permitted by article X of this
chapter;
(9) Off-street parking and loading, as required
by article XI of this chapter.
(Code 1966, ~ 36-604A(I); Ord. No. 80-8796, ~ 11,
7-7-80)
Sec. 42.188. Conditional uses.
Conditional uses in the R-2.5 district are as fol-
lows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group day care centers providing care for
no more than twelve (12) children in an oc-
cupied dwelling, fifteen (15) children in an
unoccupied dwelling or with no maximum
limitation if located in a nonresidential
building;
(3) Group rehabilitation facility;
(4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(5) Hospitals, sanitariums, rest homes and
nursing homes, provided that they shall be
screened from adjacent residential prop-
erty;
(6) Multiple-family dwellings for elderly and/or
handicapped persons with the following per-
mitted exceptions to the required bulk and
lot size:
a. Minimum lot area: five hundred (500)
square feet per dwelling unit.
Supp. No.9
~ 42.188
b. Bulk regulations:
1. Maximum structure height: one
hundred fifty (150) feet except as
provided in subsection (6)b.2.ii.
2. Minimum yard requirements:
i. Front Yard: thirty (30) feet on
all sides abutting a street.
ii. Side yard: fifteen (15) feet ex-
cept there shall be an addi-
tional side yard setback of one
(1) foot for each two (2) feet of
height over fifty (50) feet.
iii. Rear yard: twenty-five (25)
feet.
(7) Professional offices, provided that they be
located on an arterial or collector street and
occupy a structure of less than two thou.
sand (2,000) square feet of gross floor area;
(8) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission and provided further that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(9) Schools: primary, intermediate and sec-
ondary;
(10) Swimming clubs, tennis clubs and club-
houses accessory to golf courses;
(11) YMCA, YWCA and other similar uses, as
defined in this chapter.
(Code 1966, ~ 36-604A(2); Ord. No. 80-8796, ~ 12,
7-7-80; Ord. No. 81-8863, ~ 6, 8-3-81; Ord. No. 87-
9020, ~ 2, 5-7-84; Ord. No. 87-9210, ~ 1, 9-28-87;
Ord. No. 88-9287, ~ 5, 11-14-88; Ord. No. 91-9465,
~ 2, 9-9-91)
2485
~ 42.189
SALINA CODE
Sec. 42.189. Lot size requirements.
Lot size requirements in the R-2.5 district are
as follows:
(1) Minimum lot area:
a. Single-family detached dwellings: six
thousand (6,000) square feet.
b. Single-family attached or two-family
dwellings: not less than three thou-
sand (3,000) square feet per family.
c. Group day care centers located in an
existing structure resided in by one or
more members of the family operating
such a facility in a:
i. Single-family detached dwelling:
six thousand (6,000) square feet;
and
ii. Group day care centers operating
in a single-family attached or two-
family dwelling: three thousand
(3,000) square feet per family.
d. Multifamily: two thousand (2,000)
square feet per family but not less than
six thousand (6,000) square feet.
e. Other permitted and conditional uses:
fifteen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family dwellings: fifty (50) feet.
b. Two-family dwelling: fifty (50) feet.
c. Group day care centers located in an
existing structure resided in by one or
more members of the family operating
such a facility in a single-family or two-
family dwelling: fifty (50) feet.
d. Multiple-family dwellings and other
permitted and conditional uses: sixty
(60) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-604A(3); Ord. No. 85-9116, ~ 8,
12-23-85; Ord. No. 87-9210, ~ 2, 9-28-87)
Sec. 42.190. Bulk regulations.
Bulk regulations in the R-2.5 district are as fol-
lows:
(1) Maximum structure height: seventy-five
(75) feet except as provided in subsection
(2)b.3.
Supp. No.9
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets
shall maintain the following yard
requirements regardless of
whether it is a front, side, or rear
yard, or any combination thereof:
i. Residential street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater.
ii. Collector street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater.
iii. Arterial street: twenty-five
(25) feet from the property line
or seventy-five (75) feet from
the center line, whichever is
greater.
2. When an addition to an existing
nonconforming structure located
on a corner lot is to be constructed,
said addition may be allowed to
match the front yard setback of the
existing structure, provided that
the front yard so affected does not
abut an arterial street with right-
of-way less than one hundred (100)
feet, and further provided that the
construction conforms with all re-
maining bulk regulations.
b. Minimum side yard:
1. Residential buildings: seven and
five-tenths (7.5) feet on each side
of the zoning lot, except that resi-
dential buildings which have the
entrances to two (2) or more units
facing the side yard shall have a
minimum side yard often (10) feet
on the side of the building on which
such entrances are located.
2. Group day care centers located in
an existing structure resided in by
2486
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ZONING REGULATIONS
~ 42.203
one or more members of the family
operating such a facility: seven and
five-tenths (7.5) feet on each side
of the zoning lot, except that resi-
dential buildings which have the
entrances to two (2) or more units
facing the side yard shall have a
minimum side yard often (10) feet
on the side of the building on which
such entrances are located.
3. All other permitted and condi-
tional uses shall have a side yard
on each side of twenty (20) feet, ex-
cept accessory uses which shall be
permitted and governed by article
IV of the chapter.
4. There shall be an additional side
yard setback of one foot for each
two (2) feet of height over forty (40)
feet.
c. Minimum rear yard: twenty-five (25)
feet.
(3) Maximum lot coverage: forty (40) percent.
(Code 1966, ~ 26-604A(4); Ord. No. 84-9003, ~ 6,
2-13-84; Ord. No. 85-9116, ~ 9, 12-23-85; Ord. No.
86-9142, ~ 4, 7-21-86; Ord. No. 87-9210, ~ 3,
9-28-87)
Sees. 42.191-42.200. Reserved.
DIVISION 8. R-3 MULTIPLE-FAMILY
RESIDENTIAL DISTRICT
Sec. 42.201. Design.
The R-3 district is designed to provide for
multiple-family development at a minimum of one
thousand (1,000) square feet per dwelling unit with
the provision that no single lot may be less than
six thousand (6,000) square feet in area (43.6 units/
acre).
(Code 1966, ~ 36-605)
Sec. 42.202. Permitted uses.
Permitted uses in the R-3 district are as follows:
(1) Dwellings:
a. Single-family;
b. Two.family;
Supp. No.9
c. Multiple-family;
d. Rooming and boardinghouses.
(2) Family-care facilities;
(3) Golf courses, but not including accessory
clubhouses or commercial golf driving
ranges, pitch and putt or miniature golf
courses;
(4) Group-care facilities;
(5) Home occupations;
(6) Parks and playgrounds;
(7) Accessory and temporary uses, as permitted
by article IV of this chapter;
(8) Signs, as permitted by article X of this
chapter;
(9) Off-street parking and loading, as required
by article XI of this chapter.
(Code 1966, ~ 36-605(1); Ord. No. 80-8796, ~ 13,
7-7 -80)
Sec. 42.203. Conditional uses.
Conditional uses in the R-3 district are as fol-
lows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group day care centers providing care for
no more than twelve (12) children in an oc-
cupied dwelling, fifteen (15) children in an
unoccupied dwelling or with no maximum
limitation if located in a nonresidential
building;
(3) Group rehabilitation facility;
(4) Hobby breeders keeping between eleven (11)
and nineteen (19) dogs on a zoning lot, sub-
ject to the provision of adequate screening,
waste disposal facilities, pest control and
fencing;
(5) Hospitals, sanitariums, rest homes and
nursing homes, provided that they shall be
screened from adjacent residential prop-
erty;
(6) Multiple-family dwellings for elderly and/or
handicapped persons with the following per-
2487
~ 42.203
SALINA CODE
mitted exceptions to the required bulk and
lot size:
a. Minimum lot area: five hundred (500)
square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: one
hundred fifty (150) feet except as
provided in subsection (6)b.2.ii.
2. Minimum yard requirements:
i. Front yard: thirty (30) feet on
all sides abutting a street.
ii. Side yard: fifteen (15) feet ex-
cept there shall be an addi-
tional side yard setback of one
(1) foot for each two (2) feet of
height over fifty (50) feet.
iii. Rear yard: twenty-five (25)
feet.
(7) Professional offices, provided that they be
located on an arterial or collector street and
occupy a structure of less than two thou-
sand (2,000) square feet of gross floor area;
(8) Public utility uses, as follows, provided that
the location is first approved by the plan-
ning commission and provided further that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission:
a. Ambulance services;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping stations;
e. Substations;
f. Water towers and standpipes.
(9) Schools: primary, intermediate and sec-
ondary;
(10) Swimming clubs, tennis clubs and club-
houses accessory to golf courses;
(11) YMCA, YWCA and other similar uses, as
defined in this chapter.
(Code 1966, ~. 36-605(2); Ord. No. eO-8796, ~ 14,
7-7-80; Ord. No. 81-8863, ~ 7, 8-3-81; Ord. No. 84-
9020, ~ 3, 5-7-84; Ord. No. 87-9211, ~ 1, 9-28-87;
Ord. No. 88-9287, ~ 6,11-14-88; Ord. No. 91-9465,
~ 3, 9-9-91)
Supp. No.9
Sec. 42.204. Lot size requirements.
Lot size requirements in the R-3 district are as
follows:
(1) Minimum lot area:
a. Single-family detached dwellings; six
thousand (6,000) square feet.
b. Single-family attached or two-family
dwellings: not less than three thou-
sand (3,000) square feet per family.
c. Multiple-family: one thousand (1,000)
square feet per family but not less than
six thousand (6,000) square feet.
d. Group day care centers located in an
existing structure resided in by one or
more members of the family operating
such a facility in a:
1. Single-family detached dwelling:
six thousand (6,000) square feet;
and
2. Group day care centers operating
in a single-family attached or two-
family dwelling: three thousand
(3,000> square feet per family.
e. Other permitted and conditional uses:
fifteen thousand (15,000) square feet.
(2) Minimum lot width:
a. Single-family dwellings: fifty (50) feet.
b. Two-family dwelling: fifty (50) feet.
c. Group day care centers located in an
existing structure resided in by one or
more members of the family operating
such a facility in a single-family or two
family dwelling: fifty (50) feet.
d. Multiple-family dwellings and other
permitted and conditional uses: sixty
(60) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-605(3); Ord. No. 85-9116, ~ 10,
12-23-85; Ord. No. 87-9211, ~ 2, 9-28-87)
Sec. 42.205. Bulk regulations.
Bulk regulations in the R-3 district are as fol-
lows:
(1) Maximum structure height: seventy-five
(75) feet except' as provided in subsection
(2)b.3.
2488
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ZONING REGULATIONS
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets
shall maintain the following yard
requirements regardless of
whether it is a front, side, or rear
yard, or any combination thereof:
i. Residential street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater.
ii. Collector street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater.
iii. Arterial street: twenty-five
(25) feet from the property line
or seventy. five (75) feet from
the center line, whichever is
greater.
2. When an addition to an existing
nonconforming structure located
on a corner lot is to be constructed,
said addition may be allowed to
match the front yard setback of the
existing structure, provided that
the front yard so affected does not
abut an arterial street with right-
of-way less than one hundred (100)
feet, and further provided that the
construction conforms with all re-
maining bulk regulations.
b. Minimum side yard:
1. Residential buildings: seven and
five-tenths (7.5) feet on each side
of the zoning lot, except that resi-
dential buildings which have the
entrances to two (2) or more units
facing the side yard shall have a
. minimum side yard often (10) feet
on the side of the building on which
such entrances are located.
2. Group day care centers located in
an existing structure resided in by
Supp. No.9
~ 42-216
one or more members of the family
operating such a facility: seven and
five-tenths (7.5) feet on each side
of the zoning lot, except that resi.
dential buildings which have the
entrances to two (2) or more units
facing the side yard shall have a
minimum side yard often (10) feet
on the side of the building on which
such entrances are located.
3. All other permitted and condi-
tional uses shall have a side yard
on each side of twenty (20) feet, ex-
cept accessory uses which shall be
permitted and governed by article
IV of the chapter.
4. There shall be an additional side
yard setback of one foot for each
two (2) feet of height over forty (40)
feet.
c. Minimum rear yard: twenty-five (25)
feet.
(3) Maximum lot coverage: forty (40) percent.
(Code 1966, ~ 36-605(4); Ord. No. 84-9003, ~ 7,
2-13-84; Ord. No. 85-9116, ~ 11, 12.23.85; Ord. No.
86-9142, ~ 5, 7-21-86; Ord. No. 87-9211, ~ 3,
9-28-87)
Sees. 42.206-42.215. Reserved.
DIVISION 9. MH MANUFACTURED HOME
PARK DISTRICT.
Sec. 42.216. Design.
The MH district is designed to provide for the
placement of manufactured homes built in com.
-Editor's note-Sections 1 and 2 of Ord. No. 91-9488,
adopted Jan. 6, 1992, repealed Div. 9, ~~ 42-216-42-226, and
provided for a new Div. 9 to read as herein set out. Formerly,
Div. 9 pertained to similar subject matter and derived from
the following legislation:
Ord. No. Sec. Date
Code 1966 36-606-36-606(4)
81-8851 1 6- 8.81
84-9003 8 2-13-84
85-9116 13 12-23-85
86-9142 6 7-21-86
87-9183 1 5-11-87
89-9333 1,2 8-14-89
Cross reference-Mobile homes and trailers generally, Ch.
22.
2489
~ 42-216
SALINA CODE
pliance with the Federal Manufactured Housing
Construction and Safety Standards. Two (2) sub-
districts are created within the manufactured
home district, "MH-S" (manufactured home-sub-
division) and "MH-P" (manufactured home-park).
In the "MH-S" district all manufactured homes
are to be placed on individually subdivided lots.
The "MH-P" district allows manufactured homes
to be placed on rented spaces within the manufac-
tured home parks.
(Ord. No. 91-9488, ~ 1, 1.6.92)
Sec. 42.217. MH-S Manufactured home sub-
divisions-Permitted uses.
Permitted uses in the MH-S district are as fol-
lows:
(1) Dwellings, single-family detached;
(2) Family-care facilities;
(3) Golf courses, including accessory clubhouse
or golf driving range, but not pitch and putt
or miniature golf courses;
(4) Manufactured homes;
(5) Modular homes;
(6) Parks and playgrounds;
(7) Accessory, temporary, and home occupa-
tion uses, as permitted by article IV of this
chapter;
(8) Signs, as permitted by article X of this
chapter;
(9) Off-street parking and loading as required
by article XI of this chapter.
(Ord. No. 91.9488, ~ 1, 1-6-92)
Sec. 42-218. Same-Conditional uses.
Conditional uses in the MH-S district are as
follows:
(1) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
(2) Group-care facilities;
(3) Group day-care centers providing care for
no more than twelve (12) children in an oc-
cupied dwelling or with no maximum lim-
Supp. No.9
itation if located in a nonresidential
building;
(4) Hospitals, sanitariums, rest homes and
nursing homes, provided they shall be
screened from adjacent residential prop-
erty and shall be directly accessible to a
collector or arterial street;
(5) Public utility uses, as follows: provided that
a landscape plan or screening plan, if nec-
essary, is first approved by the planning
commission;
a. Ambulance service;
b. Gas regulator stations;
c. Police and fire stations;
d. Pumping station;
e. Substations;
f. Water towers and standpipes.
(6) Schools: primary, intermediate and sec-
ondary;
(7) Swimming clubs, tennis clubs and commu-
nity clubhouses;
(8) YMCA, YWCA and other similar uses as
defined in this chapter.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Sec. 42.219. Same-Lot size requirements.
Lot size requirements in the MH-S district are
as follows:
(1) Minimum lot area:
a. Single. family detached dwellings, mod-
ular homes, manufactured homes,
family-care facilities, and parks and
playgrounds: six thousand (6,000)
square feet.
b. Group day care centers located in an
existing structure resided in by one (1)
or more members of the family oper-
ating such a facility: six thousand
(6,000) square feet.
c. All other permitted and conditional
uses: fifteen thousand (15,000) square
feet, except no minimum for gas regu-
lator stations, pumping stations, or sub-
stations.
2490
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ZONING REGULATIONS
~ 42-220
(2) Minimum lot width:
a. Single-family detached dwellings, mod-
ular homes, manufactured homes, and
family-care facilities: sixty (60) feet.
b. Group day care centers located in an
existing structure resided in by one (1)
or more members of the family oper-
ating such a facility: sixty (60) feet.
c. All other permitted and conditional
uses: one hundred (100) feet, except no
minimum for gas regulator stations,
pumping stations or substations.
(3) Minimum lot depth: one hundred (100) feet,
except no minimum for gas regulator sta-
tions, pumping stations or substations.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Sec. 42-220. Same-Bulk. regulations.
Bulk regulations in the MH-S district are as
follows:
(1) Maximum structure height: thirty-five (35)
feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets
shall maintain the following yard
requirements regardless of
whether it is a front, side, or rear
yard, or any combination thereof:
i. Residential street: twenty (20)
feet from the property line or
fifty (50) feet from the center
line, whichever is greater.
ii. Collector street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater.
iii. Arterial street: twenty-five
(25) feet from the property line
or seventy.five (75) feet from
the center line, whichever is
greater.
2. When an addition to an existing
nonconforming structure located
Supp. No.9
2491
on a corner lot is to be constructed
said addition may be allowed t~
match the front yard setback of the
existing structure, provided that
the front yard so affected does not
abut an arterial street with right-
of-way less than one hundred (100)
feet, and further provided that the
construction conforms with all re-
maining bulk regulations.
3. When seventy (70) percent or more
of the zoning lots between two (2)
intersecting public street rights-
of-way have developed, any newly
constructed single-family dwelling
or manufactured home dwelling
may maintain the same front yard
setback of either adjacent existing
dwelling, provided that all of the
following conditions exist:
i. The adjacent property to be
matched has not been granted
a variance for front yard set-
back.
11. Neither adjacent land use is
used for nonresidential pur-
poses.
iii. The proposed dwelling is not
to be placed on a corner lot.
iv. The structure is proposed to be
placed no closer than fifteen
(15) feet from the front prop-
erty line.
b. Minimum side yard:
1. Residential buildings: seven and
five-tenths (7.5) feet on each side
of the zoning lot.
2. Group day care centers located in
an existing structure resided in by
one operating such a facility: seven
and five-tenths (7.5) feet on each
side of the zoning lot.
3. All other permitted and condi-
tional uses: twenty-five (25) feet on
each side of the zoning lot, except
accessory uses which shall be per-
mitted and governed by article IV
of this chapter.
~ 42-220
SALINA CODE
c. Minimum rear yard: fifteen 1(15;) feet.
(3) Maximum lot coverage: thirty-five (35) per-
cent.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Sec. 42.221. Same-Development standards.
Development standards in the MH-S district are
as follows:
(1) The tract to be used for a manufactured
home subdivision shall not be less than two
(2) acres in area, unless it is an extension of
or a,ddition to an existing manufactured
home subdivision.
(2) Streets, private roadways, sidewalks, util-
ities, drainage facilities and other improve-
ments shall be designed, constructed and
installed to comply with Chapter 36 of the
Salina Code, Subdivision Regulations.
(3) All manufactured homes located within a
manufactured home subdivision shall
comply with the following requirements:
a. Each manufactured home shall have a
minimum width of fourteen (14) feet
and a minimum main floor area, ex-
cluding any attached garage or porch,
of eight hundred (800) square feet;
b. The roof shall be double pitched and
shall overhang both side walls or the
front end wall of the unit by at least
six (6) inches, and shall be covered with
material that is residential in appear-
ance, including but not limited to wood,
asphalt, composition or fiberglass shin.
gles. Roofing materials shall not con-
sist of corrugated aluminum, fiberglass
or metal;
c. The exterior siding shall consist of non-
reflective siding material such as wood,
composition or simulated wood, clap-
board, conventional vinyl or metal lap
siding, brick, stucco or similar mate-
rials, but excluding smooth, ribbed or
corrugated metal or plastic panels.
Siding material shall extend below the
top of the exterior foundation or cur-
tain wall and the joint between siding
Supp. No.9
and enclosure wall shall be flashed in
accordance with the city building code.
d. Each manufactured home shall be in.
stalled in accordance with the recom-
mended installation procedures of the
manufacturer upon a basement, slab,
piers or other permanent masonry foun-
dation that complies with the city
building code so as to be classified and
taxed as real property under K.S.A. 79.
340. Each unit shall be permanently
anchored to and supported by perma-
nent footings extending to the frost line.
Anchoring straps or cables afrlXed to
ground anchors shall not be considered
sufficient. Exterior over-the-top tie
downs shall not be permitted. If inte-
rior piers are used for the foundation,
the crawlspace shall be enclosed by a
permanent, full perimeter exterior cur.
tain wall consisting of concrete or ma.
sonry. The enclosure wall shall be un-
pierced except for required access and
ventilation;
e. The running gear, tongue, axles and
wheels shall be removed;
f. Each manufactured home shall be per-
manently connected to all utilities in
conformance with applicable city codes;
g. Each lot shall have access from an im-
proved public or private street and two
(2) off.street parking spaces.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Sec. 42.222. MH.P Manufactured home
parks-Permitted uses.
Permitted uses in the MH.P district are as fol-
lows:
(1) Dwellings, single-family detached;
(2) Family-care facilities;
(3) Manufactured homes;
(4) Mobile homes, as permitted by section 42-
230;
(5) Modular homes;
(6) Parks and playgrounds;
2492
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ZONING REGULATIONS
~ 42.226
(7) Customary accessory uses, such as laundry
facilities, manager's office, clubhouse, com-
munity buildings, etc.;
(8) Accessory, temporary and home occupation
uses, as permitted by article IV of this
chapter;
(9) Signs, as permitted by article X of this
chapter;
(10) Off-street parking and loading, as required
by article XI of this chapter.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Cross reference-Placement of mobile homes, ~ 22.17.
Sec. 42-223. Same-Conditional uses.
Conditional uses in the MH.P district are as
follows:
(1) Recreational campgrounds, subject to the
regulations specified in section 42.229;
(2) All conditional uses listed in the MH-S dis-
trict, provided that they shall be governed
by the requirements of the MH-S district.
(Ord. No. 91.9488, ~ 1, 1-6-92)
Sec. 42-224. Same-Lot size requirements.
Lot size requirements in the MH-P are as fol-
lows:
(1) Minimum lot area:
a. Manufactured home parks: two (2)
acres, unless it is an extension of or an
addition to an existing park.
b. Each manufactured home space shall
provide a minimum area of four thou-
sand (4,000) square feet.
c. Other permitted uses: six thousand
(6,000) square feet.
(2) Minimum lot width:
a. Manufactured home spaces: forty (40)
feet, except that corner lots shall pro-
vide a minimum width offorty-five (45)
feet.
b. Other permitted uses: sixty (60) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Supp. No.9
Sec. 42-225. Same-Bulk regulations.
Bulk regulations in the MH-P district are as
follows:
(1) Maximum structure height: thirty-five (35)
feet.
(2) Minimum separation and setback require-
ments for manufactured homes:
a. All manufactured homes shall be lo-
cated so as to maintain a clearance of
not less than fifteen (15) feet from an.
other manufactured home or appurte-
nance thereto, or twenty (20) feet from
another mobile home or appurtenance
thereto. No manufactured home shall
be located closer than twenty (20) feet
from any principal building within the
park or three (3) feet from any acces-
sory building. Accessory buildings shall
be located so as to comply with the bulk
regulations in section 42.58.
b. All structures shall maintain the fol-
lowing minimum setbacks:
1. Internal residential streets: twenty
(20) feet from the property line or
forty (40) feet from the center line,
whichever is greater.
2. External residential streets:
twenty-five (25) feet from the prop-
erty line or fifty-five (55) feet from
the center line, whichever is
greater.
3. Collector street: twenty-five (25)
feet from the property line or fifty-
five (55) feet from the center line,
whichever is greater.
4. Arterial street: twenty-five (25) feet
from the property line or seventy-
five (75) feet from the center line,
whichever is greater.
5. MH-P district boundary: twenty-
five (25) feet from the boundary of
any other residential district.
(3) Maximum lot coverage: forty (40) percent.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Sec. 42-226. Same-Development standards.
(1) Utilities: New manufactured home parks
shall be permitted only when served by an
2492.1
~ 42-226
SALINA CODE
approved sewer and water supply system.
Within each manufactured home park all
utility lines, from manufactured home to
source, including electricity and telephone
lines, shall be placed underground.
(2) Drainage: Parks shall be located on a well-
drained site, properly graded to insure rapid
drainage, and shall be kept free of stagnant
pools of water.
(3) Density: Manufactured home parks here.
after approved shall have a minimum area
of four thousand five hundred (4,500) square
feet of space per manufactured home, ex-
clusive of internal streets and rights-of-
way.
(4) Recreation area: Each manufactured home
park shall devote a minimum of five hun-
dred (500) square feet per manufactured
home space for recreational or open area.
This recreational or open area may be in.
cluded in each manufactured home space
or may be developed separately. Separate
recreational or open areas shall not be less
than four thousand (4,000) square feet and
required setbacks, roadways, rights-of-way
and off.street parking spaces shall not be
considered as recreational or open areas. A
minimum of fifty (50) percent of the sepa.
rate recreational or open space area shall
be constructed or provided prior to the de-
velopment ofone-half(l/2) of the project, and
all recreational facilities or open areas shall
be constructed or provided by the time the
project is seventy-five (75) percent devel-
oped.
(5) Storm shelters: In each new park or in park
expansions of ten (10) units or more, prop-
erly ventilated and constructed storm shel-
ters shall be provided in a central or other
convenient location at a rate of eighteen
(18) square feet of shelter space for each
newly constructed manufactured home
space. Storm shelters shall be built in ac-
cordance with the building codes of the city.
(6) Streets:
a. General layout:
1. A manufactured home park shall
. be directly accessible to a public
Supp. No.9
2492.2
street by means of internal pri.
vate paved streets within the park.
Each mobile home lot shall obtain
exclusive access from internal pri-
vate streets, with no direct access
to external public streets.
2. Internal streets shall be designed
to permit connection with existing
storm sewer and other drainage fa-
cilities.
3. Internal streets shall be designed
for the convenient movement of
traffic and emergency vehicles.
Dead-end streets shall be provided
with adequate surfaced turning
space, a minimum of sixty (60) feet
in diameter with no parking, and
eighty (80) feet in diameter with
parking. The maximum length of
a dead-end street shall be six hun-
dred (600) feet.
4. Intersections generally shall be at
right angles and at no point shall
streets intersect at an angle less
than sixty (60) degrees. Intersec-
tions of more than two (2) streets
at one (1) point shall be avoided.
b. Width of roadways:
1. Internal streets with no on-street
parking allowed shall have a min-
imum of twenty (20) feet of paving.
2. Internal streets with parking al.
lowed on one side only shall have
a minimum of twenty-six (26) feet
of paving.
3. Internal streets with parking al-
lowed on both sides of the street
shall have a minimum of twenty-
nine (29) feet of paving.
4. A minimum of forty (40) feet of
right-of-way shall be provided for
internal streets. All structures
shall maintain a twenty (20) feet
setback from the right-of-way line.
c. Surfacing:
1. All internal streets shall be hard-
surfaced with asphalt or concrete
e
ZONING REGULATIONS
~ 42-227
.
or suitable substitute approved by
the city engineer.
2. Street surfaces shall be durable
and graded to insure adequate sur-
face drainage and shall be main-
tained free of cracks, holes and
other hazards. All internal streets
shall be owned and maintained by
the owner of the manufactured
home park.
(7) Fire protection: The fire chief may desig-
nate certain internal streets within the park
as fire lanes.
e
(8) Parking: Adequate parking shall be pro-
vided for the use of park residents and
guests. Each mobile home lot shall have
off-street parking for two (2) automobiles.
(9) Walkways: A system of hard-surfaced walk-
ways shall be provided connecting indi-
vidual manufactured home spaces with park
streets and all community facilities pro-
vided for park residents. A portion of the
roadway surface may be reserved for walk-
ways provided the roadway is widened ac-
cordingly and pedestrian and vehicular
traffic will not interfere with one another.
(10) Lighting: All private internal streets and
walkways shall be lighted by not less than
three-tenths (0.3) foot candles of artificial
light.
(11) Landscaping:
a. Perimeter screening. All manufactured
home parks shall provide a perma-
nently landscaped buffer area of at
least twenty-five (25) feet in width
around those portions of the park pe-
rimeter that border public rights-of-way
or residential zoning districts. Such
areas may contain trees, shrubbery,
grass, benches, fencing, berms or other
landscaping features. Setback areas not
bordering public rights-of-way or resi-
dential districts may be used to fulfill
recreational or open area requirements.
b. Park landscaping. Exposed ground sur-
faces within each manufactured home
park shall be paved, covered with stone,
.
e
Supp. No.9
gravel or other solid material or pro-
tected with a vegetative growth capable
of preventing soil erosion and objection-
able dust. All areas not used for street
access, parking, walkways, buildings or
service shall be completely and perma-
nently landscaped and the entire site
maintained in good condition. Planting
of trees and shrubs is required to the
extent needed to provide for:
1. Screening of objectionable views
and neighboring uses.
2. Adequate shade for the manufac-
tured homes in the park.
(12) Manufactured home stands (pad): A stand
shall be provided on every manufactured
home lot to accommodate the manufactured
home and attached accessory structures.
The stand shall consist of concrete ribbons
or slabs a minimum of eighteen (18) inches
wide and capable of carrying the weight of
the manufactured home. Anchoring facili-
ties for the placement and tie-down of the
manufactured home shall be installed in
accordance with K.S.A. 75-1226 through
1232 before any home is occupied.
(13) Lot identification: Each stand within a man-
ufactured home park shall be assigned an
address by the city engineering department.
The assigned address shall be clearly posted
or displayed so as to publicly identify the
unit to which the address is assigned.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Sec. 42.227. Same-Park plan.
Any person hereafter desiring to develop or en-
large a manufactured home park shall submit a
park plan, which shall accompany the application
for amendment to the MH-P district. No permits
for a manufactured home park shall be issued until
the park plan has been approved as part of the
rezoning process and the proposed development or
expansion is in compliance with the terms of this
chapter. Such plan shall be drawn to a scale of not
less than one (1) inch equals one hundred (100)
feet and two (2) copies shall accompany the appli-
2492.3
~ 42.227
SALINA CODE
cation for MH-P zoning. Such plan shall include
the following information:
(1) Name and address of the owner and appli-
cant.
(2) Location and legal description of the man-
ufactured home park.
(3) The area and dimensions of the tract ofland
proposed to be rezoned.
(4) Topographic survey of the property with
contour intervals of two (2) feet, natural fea-
tures and existing structures and streets.
(5) The number, location and dimensions of all
lots, including proposed building setbacks
from exterior property lines and from in.
ternal streets.
(6) The location and width of internal streets
and walkways.
(7) Plans for controlling surface drainage.
(8) The location of existing and proposed water,
sewer, gas, electrical, and other utility lines
and easements protecting these utilities.
(9) The location of recreation, storage, laundry,
refuse, and other common facilities and/or
service buildings and areas.
(10) The location and description of the street
and area lighting system.
(11) Plans for screening including the use of
plant materials, fencing and other land.
scaping structures and features.
(12) Other information as may be requested by
the planning commission or the board of
commissioners.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Sec. 42.228. Same-Park plan review.
The planning commission shall review the re-
zoning request, including the park plan, and rec-
ommend approval or denial to th~ board of com-
missioners or may request modifications to the
proposed park plan as are deemed necessary to
comply with the MH-P district regulations.
Approval by the board of commissioners shall
amend the zoning map, establishing an MH-P dis-
Supp. No.9
trict for the property designated in the applica-
tion and shall constitute approval of the park plan.
The approved park plan shall be incorporated by
reference in the ordinance creating the MH-P dis-
trict.
(Ord. No. 91-9488, ~ 1, 1.6.92)
Sec. 42-229. Recreational campground plans.
The applicant for a conditional use permit to
allow a recreational campground in an MH-P, A-I
or C-7 district shall submit a preliminary camp-
ground plan, drawn to a scale of not less than one
(1) inch equals one hundred (100) feet, and showing
the general layout of the proposed campground.
Two (2) copies of the plan shall accompany the
conditional use permit application. Such plan shall
comply with the following minimum requirements:
(1) The tract to be used as a campground shall
not be less than two (2) acres in area and
shall be permitted only when served by an
approved sanitary sewer and water supply
system.
(2) Permitted uses within the campground
shall include:
a. Motor homes;
b. Travel trailers;
c. Tents and tent trailers;
d. Customary accessory uses such as
laundry facilities, manager's office,
clubhouse, swimming pool, etc.
(3) Contours at two (2) foot intervals shall be
indicated on the plan.
(4) The campground shall be located on a well.
drained site, properly graded, where neces-
sary, to insure rapid drainage and freedom
from stagnant pools of water.
(5) Sight-obscuring screening of not less than
six (6) feet in height shall be provided be-
tween the campground and any other resi.
dential zoning district.
(6) A minimum setback of twenty-five (25) feet
must be maintained along all boundaries of
the campground that adjoin a public street
or a residential zoning district.
2492.4
e
.
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.
e
ZONING REGULATIONS
~ 42-235
(7) Service buildings shall be provided at a rate
of one (1) for each one hundred (100)
camping spaces. Each service building shall:
a. Be located in a reasonable central lo-
cation within the campground;
b. Be of permanent construction;
c. Have an accessible, adequate, safe and
potable supply of cold water;
d. Have one (1) flush-type toilet, one (1)
lavatory, and one (1) shower or bathtub
for females; and one (1) flush-type toilet,
one (1) lavatory, and one (1) shower or
bathtub for males for each thirty (30)
camping spaces. All lavatories, bath-
tubs, and showers shall be connected
with both hot and cold running water;
e. Comply with all applicable chapters of
the building code regarding the con-
struction of buildings and the installa-
tion of electrical, plumbing, heating,
and air conditioning systems;
f. Be maintained in a clean, sanitary con-
dition and kept free of any condition
that will endanger the health or safety
of any occupants or the public.
(8) Vented storm shelters shall be provided in
a central or other convenient location at
the rate of twelve (12) square feet per des-
ignated or intended camping space.
(9) Structures shall not exceed thirty-five (35)
feet in height.
Upon approval of the preliminary campground
plan by the planning commission, the applicant
shall prepare and submit two (2) copies of a final
campground plan, which shall incorporate any
changes or alterations requested, to the secretary
of the planning commission. Upon the determina-
tion by the secretary that the final campground
plan accurately reflects the desires of the plan-
ning commission, a conditional use permit will be
issued. An approved copy shall be forwarded,
within seven (7) days, to the zoning administrator,
who may issue the required permits upon proper
application.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Supp. No.9
Sec. 42.230. Special provisions.
(1) Manufactured home parks shall comply
with the provisions of chapter 22 of the
Salina Code.
(2) All manufactured homes placed in new, ex-
panded or existing manufactured home
parks after January 1,1992, shall have been
manufactured after June 15, 1976 and shall
bear a label certifying that it was built in
compliance with the Federal Manufactured
Home Construction and Safety Standards
(42 U.S.C. Sec. 5401); provided however,
that mobile homes built prior to June 15,
1976, and not bearing a HUD code label
shall be permitted to be placed within an
existing manufactured home park if the
unit has been inspected by the building of-
ficial and bears a certificate stating that
the unit meets or exceeds HUD code stan-
dards or any minimum housing code stan-
dards adopted by the city. For the purposes
of this section, "existing manufactured
home park" means any park properly li.
censed and in operation prior to January 1,
1992.
(3) Mobile homes located in manufactured
home parks existing prior to January 1,
1992 and on individual zoning lots shall
hereafter be deemed lawful nonconforming
uses and shall be subject to the provisions
of section 42-579 of the Salina Code. Mobile
Homes located or placed in existing manu-
factured home parks and meeting the cri.
teria in section 42-230(2) above shall be con-
sidered lawful conforming uses in the MH-P
district.
(Ord. No. 91-9488, ~ 1, 1-6-92)
Sec. 42.231. Unused manufactured home
park.
Whenever a property zoned MH-P ceases to be
used for such purposes for a period of two (2) years,
the planning commission may initiate action and
hold a public hearing to rezone the property back
to a more appropriate zoning district.
(Ord. No. 91-9488, ~ 1, 1.6-92)
Sees. 42-232-42.235. Reserved.
2492.5
~ 42-236
SALINA CODE
DIVISION 10. U UNIVERSITY DISTRICT
Sec. 42.236. Design.
The U district is a zone that is designed to be
used separately as a district zone or in combina-
tion with anyone or more of the residential dis-
tricts. The two (2) principal functions of this dis-
trict are:
(1) To give the university-oriented functions
more flexibility than they would have if lo-
cated in a residential district; and
(2) To permit the establishment of the types of
uscs which ordinarily cluster about a uni-
versity, but which are not located on uni-
versity property.
(Code 1966, ~ 36.607)
Sec. 42.237. Permitted uses.
Permitted uses in the U district are as follows:
(1) Art galleries, libraries and museums;
(2) Colleges, universities and theological
schools, including their buildings owned or
leased for administrative and faculty of-
fices, classrooms, laboratories, chapels, au-
ditoriums, lecture halls, libraries, student
and faculty centers, athletic facilities and
dormitories;
(3) Fraternal and service clubs, as defined;
(4) Fraternities and sororities;
(5) Lodging and boardinghouses;
(6) Offices, meetings rooms, laboratories and
other facilities for educational, fraternal,
professional, religious and statistical re-
search organization and institutions;
(7) Parking lots for passenger automobiles, ac-
cessory to uses permitted in the university
district;
(8) Schools: elementary, intermediate and sec-
ondary.
(Code 1966, ~ 36-607(1))
Sec. 42-238. Conditional uses.
Conditional uses in the U district are as fol-
lows:
(1) Private or public parking lots or garages
operated for profit or not for profit, pro-
Supp. No.9
vided that there shall not be any accessory
or permitted uses in conjunction with such
use, and that no parking garage shall ex-
ceed forty (40) feet in height, and provided
further, that all parking lots or garages
shall be landscaped or screened according
to a landscape plan or screening plan which
has first been approved by the planning
commission;
(2) No other conditional uses are permitted, ex-
cept such conditional uses as could other-
wise be. allowed in any residential district
with which this district is combined.
(Code 1966, ~ 36-607(2))
Sec. 42-239. Lot size requirements.
Lot size requirements in the U district are as
follows:
(1) Minimum lot area:
a. Colleges, universities and theological
school structures: no minimum require-
ment.
b. Structures providing lodging rooms for
unmarried students: three hundred
seventy-five (375) square feet per
lodging room.
c. All other permitted and conditional
uses shall comply with the minimum
lot area required in the residential dis-
trict with which the university district
is combined.
(2) Minimum lot width:
a. Colleges, universities, and theological
school structures: no minimum require-
ment.
b. All other permitted and conditional
uses shall comply with the minimum
lot width required in the residential dis-
trict with which the university district
is combined.
(3) Minimum lot depth:
a. Colleges, universities, and theological
school structures: no minimum require-
ment.
b. All other permitted and conditional
uses shall comply with the minimum
2492.6
e
.
e
.
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ZONING REGULATIONS
!l 42-240
lot depth required in the residential dis-
trict with which the university district
is combined.
(Code 1966, ~ 36-607(3))
Sec. 42.240. Bulk regulations.
Bulk regulation in the U district are as follows:
(1) When the university district regulations are
applied in combination with the restrictions
Supp. No.9
2492.7
e
.
e
.
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ZONING REGULATIONS
~ 42-252
of any residential district, then all structures
shall comply with the bulk regulations in the
residential district with which the university
district is combined, except that the rear yard
may be reduced to eight (8) feet for parking
garages.
(2) There shall be an additional one-foot setback
for each two (2) feet of height over forty (40)
feet.
(3) When the university district is applied as a
separate zoning district, then the following
bulk regulations shall apply:
a. Maximum lot coverage: thirty (30) percent.
b. Minimum setback: fifty (50) feet from each
public street and from each lot line that
adjoins property in any other zoning
district.
c. Maximum structure height: no limitations.
(Code 1966, ~ 36-607(4))
Sees. 42-241-42-250. Reserved.
DIVISION 11. C-1 RESTRICTED
BUSINESS DISTRICT
Sec. 42-251. Design.
The C-1 district is designed to provide for a
restricted commercial alternative to multiple-family
development adjacent to arterial streets and high-
ways, and at the same time avoid the typical strip
commercial development. To achieve this end, a
very limited number of nonretail businesses are
permitted. (Code 1966, ~ 36-608)
Sec. 42-252. Permitted uses.
Permitted uses in the C-1 district are as follows:
(1) Business and professional offices, provided
that any warehouse or storage space asso-
ciated with such offices shall not exceed
fifty (50) percent of the gross floor area of
the principal structure;
(2) Churches, chapels, temples, synagogues, ca-
thedrals and shrines;
Supp. No.7
(3) Group day-care centers provided that such
use shall be separated from any commer-
cial or industrial use in accordance with
the requirements of the city's adopted build-
ing code.
(4) Medical and dental clinics, and guidance
centers;
(5) Mortuaries and funeral homes; including
crematories, providing that such facility is
completely enclosed and that no odor or
noise is discernible outside the structure;
(6) Office building or clinic: The following uses
would be permitted when located in an of-
fice building, or medical or dental clinic,
provided such uses could be entered only
from an interior lobby or hallway and there
is no advertising or display visible from
the exterior of the structure:
a. Barbershops;
b. Beauty shops;
c. Gift shops;
d. Newsstands;
e. Package liquor stores;
f. Pharmacies;
g. Restaurants.
(7) Office facilities for salesmen, sales repre-
sentatives, or manufacturer's representative,
when no retail, wholesale, or exchange of
goods is made or transacted on the premises;
(8) Offices for ministers, rabbis, priests, etc.;
(9) Public utility uses, including substations
and ambulance services;
(10) Studios or offices for artists, sculptors, au-
thors, composers, photographers, or other
similar uses;
(11) YMCA, YWCA and other similar organi-
zations;
(12) Signs, as permitted by article X of this
chapter;
(13) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(14) Off-street parking and loading as required
by Article XI of this chapter. (Code 1966, ~
2493
~ 42-253
SALINA CODE
36-608(1); Ord. No. 83-8954, ~ 1, 1-24-83;
Ord. No. 84-9020, ~ 4, 5-7-84; Ord. No.
84-9029, ~ 1,7-9-84; Ord. No. 88-9241, ~ 1,
4-11-88)
Sec. 42-253. Conditional uses.
Conditional uses in the C-l district are as follows:
(1) Banks and financial institutions;
(2) Mail-order houses;
(3) Multiple-family dwellings for elderly and/or
handicapped persons with the following per-
mitted exceptions to the required bulk and
lot size:
a. Minimum lot area: five hundred (500) square
feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: one hun-
dred fIfty (150) feet except as provided
in subsection (3)b.2.ii.
2. Minimum yard requirements:
i. Front yard: thirty (30) feet on
all sides abutting a street.
ii. Side yard: fIfteen (15) feet except
there shall be an additional side
yard setback of one foot for each
two (2) feet of height over fifty
(50) feet.
m. Rear yard: twenty-five (25) feet.
3. Maximum lot coverage: forty (40)
percent.
(4) Research laboratories (limited to research such
as medical records, statistical research, etc.);
(5) Small animal hospitals, providing that such
facility is completely enclosed and that no
odor or noise is discernible outside the structure;
(6) All permitted uses in the R-3 district, pro-
vided that they shall be governed by the re-
quirements of the R-3 district. (Code 1966, ~
36-608(2))
Sec. 42-254. Lot size requirements.
Lot size requirements in the C-1 district are as
follows:
Supp. No.7
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-608(3))
Sec. 42-255. Bulk regulations.
Bulk regulations in the C-1 district are as follows:
(1) Maximum structure height: thirty (30) feet,
except multiple-family development which shall
be governed by the regulations for the R-3
district, provided that there shall be one ad-
ditional foot of setback on the side yards for
each two (2) feet of height over thirty (30)
feet.
(2) Minimum yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets shall
maintain the following yard require-
ments regardless of whether it is a
front, side, or rear yard, or any com-
bination thereof:
i. Residential street: twenty-five (25)
feet from the property line or
fIfty-five feet from the center line,
whichever is greater.
ii. Collector street: twenty-five (25)
feet from the property line or
fifty-five (55) feet from the cen-
ter line, whichever is greater.
iii. Arterial street: twenty-five (25)
feet from the property line or
seventy-five (75) feet from the
center line, whichever is greater.
2. When an addition to an existing non-
conforming structure located on a cor-
ner lot is to be constructed, said ad-
dition may be allowed to match the
front yard setback of the existing
structure, provided that the front yard
so affected does not abut an arterial
street with right-of-way less than one
hundred (100) feet, and further pro-
vided that the construction conforms
with all remaining bulk regulations.
b. Minimum side yard: eight (8) feet on each
side.
2494
ZONING REGl1LATIONS
e
c. Minimum rear yard: twenty-five (25)
feet.
(3) Maximum lot coverage: thirty (30) percent.
(Code 1966, ~ 46-608(4); Ord. No. 84-9003, ~ 9,
2-13-84; Ord. No. 9142, ~ 7, 7-21-86)
.
Sec. 42-256. Use limitations.
e
Use limitations in the C-l district are as fol-
lows:
(1) All business, service, storage and display of
goods shall be conducted within a com-
pletely enclosed structure.
(2) Exterior lighting fixtures shall be shaded
so that no direct light is cast upon any
property located in a residential district
and so that no glare is visible to any traffic
on any public street.
(3) Sight obscuring screening of not less than
six (6) feet in height shall be provided along
all lot lines that abut a residential district;
however, if the property actually utilized
for permitted or conditional nonresidential
purposes (including accessory parking ar-
eas) lies one hundred (100) feet or more
from an abutting residential lot line, no
screening is required along that lot line.
(4) Off street parking and loading areas associ-
ated with the uses permitted in this district
shall not be permitted to cover more than
fifty (50) percent of the total area of any
required front yard.
(Code 1966, ~ 36-608(5); Ord. No. 84-9002, ~ 1,
2-13-84; Ord. No. 95-9704, ~ 1,8-28-95)
Sees. 42-257-42-265. Reserved.
DIVISION 12. C-2 NEIGHBORHOOD
SHOPPING DISTRICT
Sec. 42-266. Design.
.
The C-2 district is designed to permit areas of
convenience shopping facilities of no less than one
acre so located to serve one or more residential
neighborhoods.
(Code 1966, ~ 36-609)
e
Supp. No. 11
~ 42-267
Sec. 42-267. Permitted uses.
Permitted uses in the C-2 district are as fol-
lows:
(1) Antique shops;
(2) Apparel stores;
(3) Art galleries;
(4) Banks and financial institutions;
(5) Barbershops;
(6) Beauty shops;
(7) Bicycle shops;
(8) Bookstores;
(9) Business and professional offices;
(10) Camera and photographic supply stores;
(11) Churches, chapels, temples, synagogues,
cathedrals and shrines;
(12) Dry cleaning and laundry receiving sta-
tions where no processing or cleaning of
clothing is done on the premises;
(13) Florist shops;
(14) Food stores, including grocery stores, meat
markets, bakeries and delicatessens;
(15) Gift shops and variety stores;
(16) Group day care centers, provided that such
use shall be separated from any commer-
cial or industrial use in accordance with
the requirements of the city's adopted build-
ing code;
(17) Medical and dental clinics, and guidance
centers;
(18) Mortuaries and funeral homes, including
crematories, providing that such facility is
completely enclosed and that no odor or
noise is discernible outside the structure;
(19) Optical shops;
(20) Pharmacies;
(21) Public utility uses, including substations
and ambulance services;
(22) Self-service laundry and dry cleaning es-
tablishments;
(23) Shoe repair shops;
2495
~ 42-267
SALINA CODE
(24) Studios or offices for artists, sculptors, au-
thors, composers, photographers and other
similar uses;
(25) Tailor shops;
(26) YMCA, YWCA and other similar organiza-
tions;
(27) Any other similar retail business not spe-
cifically listed in any section is permitted if
it complies with the conditions and restric-
tions contained in section 42-271;
(28) Accessory and temporary uses, as permit-
ted by article W of this chapter;
(29) Signs, as permitted by article X of this
chapter;
(30) Off-street parking and loading, as required
by article XI of this chapter.
(Code 1966, ~ 36-609(1); Ord. No. 82-8918, ~ 1,
8-9-82; Ord. No. 83-8954, ~ 2, 1-24-83; Ord. No.
84-9020, ~ 5, 5-7-84; Ord. No. 84-9029, ~ 2, 7-9-84;
Ord. No. 88-9241, ~ 2, 4-11-88; Ord. No. 909386,
~~ 1, 3, 8-13-90)
Sec. 42-268. Conditional uses.
Conditional uses in the C-2 district are as
follows:
(1) Hardware stores;
(2) Package liquor stores;
(3) Research laboratories (limited to medical
records, statistical research, etc.);
(4) Restaurants, excluding drive-up window
service and drive-in establishments;
(5) Small animal hospitals, providing that such
facility is completely enclosed and that no
odor or noise is discernible outside the
structure;
(6) Taverns;
(7) Telephone exchanges and telephone trans-
mission equipment structures;
(8) All permitted and conditional uses in the
R-3 district, provided that they shall be
governed by the requirements of the R-3
district.
(Code 1966, ~ 36-609(2); Ord. No. 909396, ~~ 2, 3,
8-13-90 )
Supp. No. 11
Sec. 42-269. Lot size requirements.
Lot size requirements in the C-2 district are as
follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100)
feet.
(3) Minimum zoning area: Ten thousand
(10,000) square feet unless contiguous to or
within two hundred (200) feet of a similar
zoning district. (Code 1966, ~ 36-609(3);
Ord. No. 90-9379, ~~ 1, 2, 4-9-90)
Sec. 42-270. Bulk regulations.
Bulk regulations in the C-2 district are as
follows:
(1) Maximum structure height: fifty (50) feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the
following various types of streets
shall maintain the following yard
requirements regardless ofwhether
it is a front, side, or rear yard, or
any combination thereof:
1. Residential street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater.
ii. Collector street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater.
iii. Arterial street: twenty-five (25)
feet from the property line or
seventy-five (75) feet from the
center line, whichever is
greater.
2. When an addition to an existing
nonconforming structure located
on a corner lot is to be constructed,
said addition may be allowed to
match the front yard setback of
the existing structure, provided
that the front yard so affected does
2496
ZONING REGULATIONS
e
.
not abut an arterial street with
right-of-way less than one hWl-
dred (100) feet, and further pro-
vided that the construction con-
forms with all remaining bulk
regulations.
b. Side yard: none required, except when,
a side yard in this district abuts a
residential district a side yard of fif-
teen (15) feet shall be provided.
c. Rear yard: none required except when
a rear yard in this district abuts a
residential district, a rear yard of fif-
teen (15) feet shall be provided.
d. Canopies used in conjunction with re-
tail gasoline service may extend up to
twelve (12) feet into the required front
yard setback. At no time shall the
canopy extend over the right-of-way.
(3) Maximum lot coverage: thirty-five (35) per-
cent.
(Code 1966, ~ 36-609(4); Ord. No. 83-8970, ~ 1,
8-22-83; Ord. No. 84-9003, ~ 10,2-13-84; Ord. No.
86-9142, ~ 8, 7-21-86)
e
Sec. 42-271. Use limitations.
.
Use limitations in the C-2 district are as fol-
lows:
(1) All business establishments shall be retail
or service establishments dealing directly
with consumers. All goods produced on the
premises shall be sold at retail on the
premises where produced. .
(2) All business, service, storage and display of
goods shall be conducted within a com-
pletely enclosed building, except that an
area equivalent to not more than five (5)
percent of the total floor area may be used
for open display and sales.
(3) Exterior lighting fixtures shall be shaded
so that no direct light is cast upon any
property located in a residential district
and so that no glare is visible to any traffic
on any public street.
(4) Sight obscuring screening of not less than
six (6) feet in height shall be provided along
e
Supp. No. 11
~ 42-282
all lot lines that abut a residential district;
however, if the property actually utilized
for permitted or conditional nonresidential
purses (including accessory parking areas)
lies one hundred (100) feet or more from an
abutting residential lot line, no screening is
required along that lot line.
(5) No individual business establishment shall
occupy more than twenty-five thousand
(25,000) square feet of floor space.
(Code 1966, 36-609(5); Ord. No. 84-9002, ~ 2,
2-13-84)
Sees. 42-272-42-280. Reserved.
DIVISION 13. C-3 SHOPPING CENTER
DISTRICT
Sec. 42-281. Design.
The C-3 district is designed to provide a district
of no less than one acre for a relatively broad
range of retail shopping facilities which primarily
consist of specialty shops and stores.
(Code 1966, ~ 36-610)
Sec. 42-282. Permitted uses.
Permitted uses in the C-3 district are as fol-
lows:
(1) Antique shops;
(2) Apparel stores;
(3) Appliance stores;
(4) Auditoriums and community theatres;
(5) Automobile sales and rental, within a com-
pletely enclosed building, except that the
outdoor display and sale of automobiles
may be approved as a temporary use pro-
vided that sales events shall be limited to a
maximum of four (4) consecutive days in
any six-month period.
(6) Automobile service and accessory stores,
provided that all service shall be conducted
within a completely enclosed building;
(7) Banks and financial institutions;
(8) Barbershops;
2497
~ 42-282
SALINA CODE
(9) Beauty shops; (35) Leather goods and luggage stores;
(10) Bicycle shops; (36) Mail-order houses;
(11) Blueprinting and photostating establish- (37) Medical and dental clinics, and guidance
ments; centers;
(12) Bookstores; (38) Mortuaries and funeral homes; including
(13) Business and professional offices; crematories, providing that such facility is
completely enclosed and that no odor or
(14) Camera and photographic supply stores; noise is discernible outside the structure;
(15) Carpet and rug stores; (39) Music stores and musical instrument sales
(16) China and glassware stores; and repair;
(17) Churches, chapels, temples, synagogues, (40) Newsstands;
cathedrals and shrines; (41) Optical sales;
(18) Department stores; (42) Package liquor stores;
(19) Dog kennels, providing that such facilities (43) Paint and wallpaper stores;
are completely enclosed and that no odor or (44) Pet grooming shops;
noise is discernible outside the structure; (45) Pet stores;
(20) Dry cleaning establishments; (46) Phannacies;
(21) Drygoods stores; (47) Physical and health services such as pri-
(22) Florist shops; vate gymnasiums and reducing salons;
(23) Food stores, including grocery stores, meat (48) Private clubs (clubs and organizations, and
markets, bakeries, and delicatessens; fraternal and service clubs as defined only);
(24) Furniture stores; (49) Printing plants;
(25) Furrier shops, including the incidental stor- (50) . Public utility uses, including substations
age and conditioning of furs; and ambulance services;
(26) Gasoline service stations; (51) Radio and television broadcasting stations;
(27) Gift shops; (52) Recording studios;
(28) Governmental buildings; (53) Research laboratories;
(29) Group day-care centers provided that such (54) Restaurants, with or without drive-up win-
use shall be separated from any commer- dow service, other than drive-in establish-
cial or industrial use in accordance with ments;
the requirements of the city's adopted build- (55) Restricted production and repair limited to
ing code; the following: Alteration and custom tailor-
(30) Hardware stores; ing of clothing for retail sale only; jewelry
from precious metal; watches; dentures;
(31) Hobby shops; optical lenses; and other similar activities;
(32) Hotels and motels; (56) Schools: music, dance or business;
(33) Interior decorating shops, including uphol- (57) Self-service laundry and dry cleaning es-
stering, making of draperies, slipcovers and tablishments;
other similar articles which are conducted (58) Small animal hospitals, providing that such
as a part of, or secondary to, a retail oper- facility is completely enclosed and that no
ation; odor or noise is discernible outside the
(34) Jewelry stores; structure;
Supp. No. 11
2498
e
.
e
.
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ZONING REGULATIONS
f 42-285
(59) Sporting goods stores;
(60) Tailors;
(61) Telephone exchanges and telephone trans-
mission equipment structures;
(62) Theatres, indoor only;
(63) Travel bureaus and transportation ticket
offices;
(64) Variety stores;
(65) Any other similar retail business not spe-
cifically listed is permitted if it complies
with the conditions and the restrictions
contained in section 42-286 of this chapter;
(66) Accessory and temporary uses, as permit-
ted by Article IV of this chapter;
(67) Signs, as permitted by Article X of this
chapter;
(68) Off-street parking and loading, as required
by Article XI of this chapter.
(Code 1966, ~ 36-601(1); Ord. No. 81-8863, ~ 8,
8-3-81; Ord. No. 82-8918, ~ 2, 8-9-82; Ord. No.
83-8954, ~ 3, 1-24-83; Ord. No. 84-9020, ~ 6,
5-7-84; Ord. No. 84-9029, ~ 3, 7-9-84; Ord. No.
87-9196, ~ 1, 7-27-87; Ord. No. 88-9241, ~ 3,
4-11-88; Ord. No. 95-9695, ~ 1, 7-10-95)
Sec. 42.283. Conditional uses.
Conditional uses in the C-3 district are as
follows:
(1) Bus stations;
(2) Contractor's offices;
(3) Mini-warehouses;
(4) Multiple-family dwellings provided they
shall be governed by the R-3 multiple-
family residential district requirements.
Such requirements shall include consider-
ation of density, yards, off-street parking,
lot coverage and all other requirements for
multifamily development as required in
the R-3 residential district, except that
there shall be one additional foot of setback
for each two (2) feet of height over thirty-
five (35) feet;
Supp. No. 11
(5) Multiple-family dwellings for elderly and/or
handicapped persons with the following
permitted exceptions to the required bulk
and lot size:
a. Minimum lot area: five hundred (500)
square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: one
hundred fifty (150) feet except as
provided in subsection (5)b.2.ii.
2. Minimum yard requirements:
i. Front yard: thirty (30) feet on
all sides abutting a street.
ii. Side yard: fifteen (15) feet ex-
cept there shall be an addi-
tional side yard setback of one
foot for each two (2) feet of
height over fifty (50) feet.
iii. Rear yard: twenty-five (25)
feet.
3. Maximum lot coverage: forty (40)
percent.
(6) Taverns.
(Code 1966, ~ 36-610(2))
Sec. 42-284. Lot size requirements.
Lot size requirements in the C-3 district are as
follows: no minimum, but zoning district must be
a minimum of one acre, unless contiguous to or
within two hundred (200) feet of a similar district.
The minimum zoning area may not be varied by
more than ten (10) percent.
(Code 1966, ~ 36-610(3))
Sec. 42-285. Bulk regulations.
Bulk regulations in the C-3 district are as
follows:
(1) Maximum structure height: thirty-five (35)
feet.
(2) Yard requirements:
a. Front yard:
1. Property located accent to the fol-
lowing various types of streets shall
maintain the following yard re-
2499
~ 42-285
SALINA CODE
quirements regardless of whether
it is a front, side, or rear yard, or
any combination thereof:
i. Residential street: twenty-five
(25) feet from the property line
or fifty-five (55) feet from the
centerline, whichever is
greater.
ii. Collector street: twenty-five
(25) feet from the property line
or sixty-five (65) feet from the
centerline, whichever is
greater.
lll. Arterial street: twenty-five (25)
feet from the property line or
seventy-five (75) feet from the
centerline, whichever is
greater.
2. When an addition to an existing non-
conforming structure located on a cor-
ner lot is to be constructed, said addi-
tion may be allowed to match the front
yard setback of the existing structure,
provided that the front yard so affected
does not abut an arterial street with
right-of-way less than one hundred (100)
feet, and further provided that the
construction conforms with all remain-
ing bulk regulations.
b. Side yard: none required except when
a side yard in this district abuts a
residential district, a side yard of fif-
teen (15) feet shall be provided.
c. Rear yard: none required except when
a rear yard in this district abuts a
residential district, a rear yard of fif-
teen (15) feet shall be provided.
d. Canopies used in conjunction with re-
tail gasoline service may extend up to
twelve (12) feet into the required front
yard setback. At no time shall the
canopy extend over the right-of-way.
(3) Maximum lot coverage: forty (40) percent.
(Code 1966, ~ 36-610(4); Ord. No. 83-8970, ~ 2,
8-22-83; Ord. No. 84-9003, ~ 11,2-13-84; Ord. No.
86-9142, ~ 9, 7-21-86; Ord. No. 87-9212, ~ 1,
9-28-87)
Supp. No. 11
Sec. 42-286. Use limitations.
Use limitations in the C-3 district are as fol-
lows:
(1) All business establishments shall be retail
or service establishments dealing directly
with the consumer. All goods produced on
the premises shall be sold at retail on the
premises where produced.
(2) All business, service, storage and display of
goods shall be conducted within a com-
pletely enclosed building, except:
a. Restaurants which may have food and
beverage service on an outdoor patio
not more than fifty (50) percent the
size of the indoor eating space.
b. Garden centers accessory to a depart-
ment or grocery store which may have
outdoor display and sales of plants,
nursery stock and gardening supplies
in an area not greater than fifteen (15)
percent of the floor area of the store,
provided that the outdoor display area
may not be located between the front of
the principal building and an arterial
street.
c. Other required conditions:
1. The area used for outdoor service,
display and sales shall be enclosed
or otherwise separated from the
off-street parking area and circu-
lation drives.
2. The area used for outdoor service,
display and sales shall be adjacent
to the principal building and such
area shall comply with the setback
requirements for the principal
building.
3. The area used for outdoor service,
display and sales shall be calcu-
lated as floor area in determining
the number of required off-street
parking spaces.
(3) No business establishment shall offer or
sell food or beverages for consumption on
the premises in parked motor vehicles.
(4) Exterior lighting fixtures shall be shaded
so that no direct light is cast upon any
2500
e
ZONING REGULATIONS
.
property located in a residential district
and so that no glare is visible to any
traffic on any public street.
(5) Sight obscuring screening of not less than
six (6) feet in height shall be provided
along all lot lines that abut a residential
district; however, if the property actually
utilized for pennitted or conditional non-
residential purposes (including accessory
parking areas) lies one hundred (100) feet
or more from an abutting residential lot
line, no screening is required along that
lot line.
(Code 1966, ~ 36-610(5); Ord. No. 84-9002, ~ 3,
2-13-84; Ord. No. 88-9264, ~ 1,8-1-88)
Sees. 42-287-42-300. Reserved.
DIVISION 14. C-4 CENTRAL BUSINESS
DISTRICT
e
Sec. 42-301. Design.
The C-4 district is designed to provide a district
for a broad range of retail shopping facilities.
(Code 1966, ~ 36-611)
.
Sec. 42-302. Permitted uses.
Pennitted uses in the C-4 district are as fol-
lows:
(1) Antique shops;
(2) Apparel stores;
(3) Appliance stores;
(4) Art galleries, libraries and museums;
(5) Auditoriums and community theaters;
(6) Automobile sales, rental and service, pro-
vided all displays of vehicles are within a
completely enclosed building; provided
however, that any such use with an out-
door display area in existence on January
8, 2000 shall be deemed to be a lawful
nonconforming use;
(7) Auto parts stores;
(8) Banks and financial institutions;
(9) Barbershops;
e
Supp. No. 15
2500.1
~ 42-302
(10) Beauty shops;
(11) Bicycle shops;
(12) Blueprinting and photostating establish-
ments;
(13) Bookstores;
(14) Bus stations;
(15) Business and professional offices;
(16) Camera and photographic supply stores;
(17) Carpet and rug stores;
(18) China and glassware stores;
(19) Contractor's offices;
(20) Department stores;
(21) Dog kennels, providing that such facili-
ties are completely enclosed and that no
odor or noise is discernible outside the
structure;
(22) Dry cleaning establishments;
(23) Drygoods stores;
(24) Electrical contractors;
(25) Electronic parts and supplies;
(26) Florist shops;
(27) Food stores, including grocery stores, meat
markets, bakeries, and delicatessens;
(28) Fraternal and service clubs;
(29) Furniture stores;
(30) Furrier shops, including the incidental
storage and conditioning of furs;
(31) Gasoline service stations;
(32) Gift shops;
(33) Government buildings;
(34) Group day care centers provided that such
use shall be separated from any commer-
cial or industrial use in accordance with
the requirements of the city's adopted
building code;
(35) Hardware stores;
(36) Hobby shops;
~ 42-302
SALINA CODE
(37) Hospitals, sanitariums, rest homes, and
nursing homes, provided that parking is
provided in accordance with section 42-
553;
(38) Hotels and motels, providing that parking
is provided in accordance with section
42-553;
(39) Interior decorating shops, including up-
holstering, making of draperies, slipcov-
ers and other similar articles which are
conducted as a part of, and secondary to, a
retail operation;
(40) Jewelry stores;
(41) Leather goods and luggage stores;
(42) Mail-order houses;
(43) Mechanical contractors;
(44) Medical and dental clinics, and guidance
centers;
(45) Mini-warehouses;
(46) Mortuaries and funeral homes; including
crematories, provided that such facility is
completely enclosed and that no odor or
noise is discernible outside the structure;
(47) Music stores and musical instrument sales;
(48) Newspaper offices and printing;
(49) Newsstands;
(50) Office equipment and supply;
(51) Optical sales;
(52) Package liquor stores;
(53) Paint and wallpaper stores;
(54) Parking garages and lots;
(55) Pawnshops;
(56) Pest control and exterminators;
(57) Pet grooming shops;
(58) Pet stores;
(59) Pharmacies;
(60) Physical and health services such as pri-
vate gymnasiums and reducing salons;
(61) Printing plants;
(62) Private clubs;
Supp. No. 15
2500.2
(63) Public utility uses including substations
and ambulance services;
(64) Radio and television broadcasting sta-
tions;
(65) Radio and television repair shops;
(66) Recording studios;
(67) Residential dwellings, accessory to and
located above or below the ground floor of
another principal use;
(68) Restaurants, with or without drive-up win-
dow service, other than drive-in establish-
ments;
(69) Restricted production and repair limited
to the following: alteration and custom
tailoring of clothing for retail sale only;
jewelry from precious metal; watches; den-
tures; optical lenses; and other similar
activities;
(70) Schools: music, dance or business;
(71) Self-service laundry and dry cleaning es-
tablishments;
(72) Shoe repair shops;
(73) Small animal hospitals, providing that
such facility is completely enclosed and
that no odor or noise is discernible outside
the structure;
(74) Sporting goods stores;
(75) Tailor shops;
(76) Taverns;
(77) Telephone exchanges and telephone trans-
mission equipment structures;
(78) Theaters, indoor only;
(79) Travel bureaus and transportation ticket
offices;
(80) Variety stores;
(81) YMCA, YWCA, and other similar organi-
zations;
(82) Any other similar retail business not spe-
cifically listed is permitted if it complies
with the conditions and restrictions con-
tained in section 42-306;
ZONING REGULATIONS
e
.
(83) Accessory and temporary uses, as permit-
ted by article VI of this chapter;
(84) Signs, as permitted by article X of this
chapter;
(85) Off-street parking and loading, as re-
quired by article XI of this chapter.
(Code 1966, ~ 36-611(1); Ord. No. 81-8863, ~ 9,
8-3-81; Ord. No. 82-8918, ~ 3, 8-9-82; Ord. No.
83-8954, ~ 4, 1-24-83; Ord. No. 84-9020, ~ 7,
5-7-84; Ord. No. 88-9241, ~ 4, 4-11-88; Ord. No.
92-9536, ~ 1, 10-12-96; Ord. No. 99-9961, ~ 1,
1-3-00)
e
Sec. 42-303. Conditional uses.
Conditional uses in the C-4 district are as
follows:
(1) Amusement arcades, indoor only;
(2) Amusement and vending devices, sales
and service;
(3) Appliance stores, sales and service;
(4) Automobile repair;
(5) Automobile sale, rental and service with
outdoor display;
(6) Church, chapel, temple, synagogue and
shrine;
(7)
(8)
Custom cabinet and woodworking shop;
Equipment sales, rental and service, ex-
cept construction-type equipment;
Furniture repair and restoration shop;
Glass and mirror sales and service;
Group care facility;
Group day-care centers;
Handcrafts, ceramics and similar art-
work;
Home improvement center;
Motorcycle sales, rental and service;
Residential dwellings located on the ground
floor or within buildings used principally
for residential purposes, provided that
parking is provided at one-half (112) the
ratio set forth in section 42-553 and pro-
vided that such development shall comply
(9)
(10)
(11)
(12)
(13)
.
(14)
(15)
(16)
e
Supp. No. 16
~ 42-305
with the R-3 Multiple-Family District re-
quirements for density and lot size (sec-
tion 42-204) in addition to the C-4 bulk
regulations;
(17) Residential dwellings for elderly and/or
handicapped persons, located on the ground
floor or within buildings used principally
for residential purposes, provided that
parking is provided at one-half (112) the
ratio set in section 42-553 and provided
that such development shall have a min-
imum lot area offive hundred (500) square
feet per dwelling unit in addition to com-
plying with the C-4 bulk regulations;
(18) Teen Centers;
(19) Testing and research laboratories;
(20) Warehouse and wholesale houses.
(Code 1966, ~ 36-611(2); Ord. No. 91-9440, ~ 1,
5-13-91; Ord. No. 92-9536, ~ 2, 10-12-92; Ord. No.
99-9961, ~ 2, 1-3-00; Ord. No. 01-10021, ~ 1,
2-12-01)
Sec. 42-304. Lot size requirements.
Lot size requirements in the C-4 district are as
follows: no minimum requirements.
(Code 1966, ~ 36-611(3))
Sec. 42-305. Bulk regulations.
Bulk regulations in the C-4 district are as
follows:
(1) Maximum structure height: no limita-
tions.
(2) Yard requirements:
a. Front yard: none.
b. Side yard: none required, except as
provided below.
c. Rear yard: none required, except as
provided below.
d. Where any side and/or rear yard
abuts a residential district, a land-
scaped side and/or rear yard shall be
provided along such side and/or rear
yard that is ten (10) feet in width.
2501
~ 42-305
SALINA CODE
(3) Maximum lot coverage: one hundred (100)
percent.
(Code 1966, ~ 36-611(4))
Sec. 42-306. Use limitations.
Use limitations in the C-4 district are as fol-
lows:
(1) All business establishments shall be re-
tailor service establishments dealing di-
rectly with consumers. All goods produced
on the premises shall be sold at retail on
the premises where produced. No prod-
ucts produced in this district shall be of a
nature that they would be classified as a
permitted use in the 1-2 or 1-3 districts if
produced separately from a use permitted
in this district.
(2) All business, service, storage and display
of goods shall be conducted within a com-
pletely enclosed building, except food and
beverage service on an outdoor patio not
exceeding the size or occupant load of the
indoor serving space.
(3) No business establishment shall offer or
sell food or beverages for consumption on
the premises in parked motor vehicles.
(4) Exterior lighting fixtures shall be shaded
so that no direct light is cast upon any
property located in a residential district
and so that no glare is visible to any
traffic on any public street.
(Code 1966, ~ 36-611(5); Ord. No. 95-9694, ~ 1,
7-10-95; Ord. No. 99-9961, ~ 3, 1-3-00)
Sees. 42-307-42-315. Reserved.
DIVISION 15. C-5 SERVICE COMMERCIAL
DISTRICT
Sec. 42-316. Design.
The C-5 district is designed for those business
and commercial uses which draw their customers
from motorists on the highway, or for whom a
location on a highway or arterial street is espe-
cially useful or necessary. Although some of the
Supp. No. 16
typical retail uses are permitted in other commer-
cial districts, most of these permitted this district
would not blend well into a prime retail area.
(Code 1966, ~ 36-612)
Sec. 42-317. Permitted uses.
Permitted uses in the C-5 district are as fol-
lows:
(1) Ambulance services;
(2) Apparel stores;
(3) Appliance stores, sales and service;
(4) Automobile sales and rental and service;
(5) Automotive parts, wholesale;
(6) Automotive sales, service and parts;
(7) Banks and financial institutions;
(8) Barbershops;
(9) Beauty shops;
(10) Bicycle shops;
(11) Boat sales, rental and service;
(12) Bonding agencies;
(13) Bookstores;
(14) Bowling alleys;
(15) Business and professional offices;
(16) Camera and photographic supply stores;
(17) Car washes;
(18) Carpet and rug stores;
(19) China and glassware stores;
(20) Churches, chapels, temples, synagogues,
cathedrals and shrines;
(21) Commercial off-street parking as a prin-
cipal use;
(22) Contractor's office;
(23) Dog kennels, providing that such facili-
ties are completely enclosed and that no
odor or noise is discernible outside the
structure;
(24) Equipment sales and rental, not includ-
ing heavy equipment type such as bull-
dozers and cranes;
2502
e
.
(25) Florist shops;
(26) Food stores and delicatessens;
(27) Fraternal and service clubs;
(28) Furniture stores;
e
.
e
Supp. No. 16
ZONING REGULATIONS
~ 42-317
2502.1
e
ZONING REGULATIONS
~ 42-318
.
(29) Garden stores; greenhouses and nurser-
ies;
e
(30) Gasoline service stations;
(31) Gift and souvenir shops;
(32) Group day-care centers provided that such
use shall be separated from any commer-
cial or industrial use in accordance with
the requirements of the city's adopted
building code.
(33) Hardware stores;
(34) Hobby shops;
(35) Hotels and motels;
(36) Jewelry stores;
(37) Leather and luggage stores;
(38) Music stores and musical instrument sales
and repair;
(39) Newsstands;
(40) Office equipment and supply;
(41) Optical sales;
(42) Package liquor stores;
(43) Paint and wallpaper stores;
(44) Parking garages and lots;
(45) Pawnshops;
(46) Pest control and exterminators;
(47) Pet stores and pet grooming shops;
(48) Pharmacies;
(49) Pitch and putt, and miniature golf courses;
(50) Printing plants;
(51) Private clubs;
(52) Public utility uses, including substations;
(53) Radio and television sales and service;
(54) Recreational vehicle rental, sales and ser-
vice;
.
(55) Restaurants, including drive-in establish-
ments, serving food or beverages to cus-
tomers for consumption on the premises
or in parked motor vehicles;
(56) Self-service laundry and dry-cleaning es-
tablishments;
e
Supp. No. 15
(57) Service and fraternal clubs and lodges;
(58) Small animal hospitals, providing that
such facility is completely enclosed and
that no odor or noise is discernible outside
the structure;
(59) Sporting goods stores;
(60) Truck sales and service;
(61) Variety stores;
(62) YMCA, YWCA, and other similar organi-
zations;
(63) Any other similar retail business not spe-
cifically listed is permitted if it complies
with the conditions and the restrictions
contained in section 42-336;
(64) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(65) Signs as permitted by article X of this
chapter;
(66) Off-street parking and loading, as re-
quired by article XI of this chapter.
(Code 1966, ~ 36-612(1); Ord. No. 81-8863, ~ 10,
8-3-81; Ord. No. 83-8954, ~ 5, 1-24-83; Ord. No.
84-9029, ~ 4, 7-9-84; Ord. No. 86-9158, ~ 1, 9-22-
86; Ord. No. 88-9241, ~ 5, 4-11-88)
Sec. 42-318. Conditional uses.
Conditional uses in the C-5 district are as
follows:
(1) Amusement parks and skating rinks;
(2) Animal hospitals, provided that all pens
shall be in an enclosed structure;
(3) Automobile repair;
(4) Group care facilities;
(5) Group rehabilitation facilities;
(6) Hospitals, sanitariums, rest homes and
nursing homes;
(7) Lumber yards;
(8) Mini-warehouses;
(9) Multifamily dwellings, provided that:
a. New buildings and additions to ex-
isting buildings shall comply with
2503
~ 42-318
SALINA CODE
the requirements of the R-3 district
and parking shall be provided in
conformance with section 42-553;
b. Conversions of existing nonresiden-
tial buildings shall comply with the
lot size requirements of the R-3 dis-
trict (section 42-204) in addition to
the bulk regulations in the C-5 dis-
trict and parking may be provided at
one-half ratio set forth in section
42-553.
(10) Multifamily dwellings for elderly and/or
handicapped persons provided that:
a. New buildings and additions to ex-
isting buildings shall comply with
the requirements of the R-3 district,
with the exceptions to the bulk and
lot size regulations permitted in sec-
tion 42-203 and parking shall be
provided in conformance with sec-
tion 42-553;
b. Conversions of existing nonresiden-
tial buildings shall comply with the
requirements ofthe R-3 district, with
the exception to lot size regulations
permitted in section 42-203 in addi-
tion to the bulk regulations in the
C-5 district and parking shall be
provided in conformance with sec-
tion 42-553.
(11) Outdoor theatres;
(12) Taverns;
(13) Telephone exchanges and telephone trans-
mission equipment structures.
(Code 1966, * 36-612(2); Ord. No. 91-9440, * 2,
5-13-91; Ord. No. 94-9629, * 1, 4-4-94)
Sec. 42-319. Lot size requirements.
Lot size requirements in the C-5 district are as
follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100)
feet.
(Code 1966, * 36-612(3))
Supp. No. 15
Sec. 42-320. Bulk regulations.
Bulk regulations in the C-5 district are as
follows:
(1) Maximum structure height: fifty (50) feet.
(2) Yard requirements:
a. Minimum front yard:
1. Property located adjacent to the
following various types of streets
shall maintain the following
yard requirements regardless
of whether it is a front, side or
rear yard or any combination
thereof:
i. Residential street: twenty-
five (25) feet from the prop-
erty line or fifty-five (55)
feet from the center line,
whichever is greater.
ii. Collector street: twenty-
five (25) feet from the prop-
erty line or fifty-five (55)
feet from the center line,
whichever is greater.
lll. Arterial street: twenty-
five (25) feet from the prop-
erty line or seventy-five
(75) feet from the center
line, whichever is greater.
2. When an addition to an exist-
ing nonconforming structure lo-
cated on a corner lot is to be
constructed, said addition may
be allowed to match the front
yard setback of the existing
structure, provided that the
front yard so affected does not
abut an arterial street with
right-of-way less than one hun-
dred (100) feet, and further pro-
vided that the construction con-
forms with all remaining bulk
regulations.
b. No side or rear yard setback shall be
required, other than under the con-
ditions specified in subsection 2 (a),
2504
e
ZONING REGULATIONS
~ 42-321
.
except that when located adjacent to
property in a residential district there
shall be a setback often (10) feet.
c. Each motel and hotel shall have a
minimum side yard on each side of
the zoning lot of not less than ten
(10) feet, and a minimum rear yard
of not less than twenty (20) feet.
loading spaces shall be enclosed by screen-
ing as provided in section 42-320(2)e. 00-
street parking and loading spaces and
e
d. Gasoline pumps, air and water ser-
vice, canopies and other fixtures used
in connection with gasoline delivery
shall be located no less than twelve
(12) feet from the property line of
any abutting street. However, a can-
opy may be constructed which fur-
ther extends to, but not beyond, the
front property line.
e. Sight obscuring screening of not less
than six (6) feet in height shall be
provided along all lot lines that abut
a residential district; however, if the
property actually utilized for permit-
ted or conditional non-residential pur-
poses (including accessory parking
areas) lies one hundred (100) feet or
more from an abutting residential
lot line, no screening is required
along that lot line.
(3) Maximum lot coverage: fifty (50) percent.
(Code 1966, ~ 36-612(4); Ord. No. 83-8970, ~ 3,
8-22-83; Ord. No. 84-9003, ~ 12, 2-13-84; Ord. No.
86-9142, ~ 10, 7-21-86; Ord. No. 99-9947, ~ 1,
9-13-99)
Sec. 42-321. Use limitations.
Use limitations in the C-5 district are as fol-
lows:
.
(1) No structure shall be used for residential
purposes except for the use of the owner
or operator of the business located on the
premises and except that accommodation
may be offered to transient public by
motels and hotels.
e
(2) All outdoor storage and vehicles in oper-
ating condition and off-street parking and
Supp. No. 15
2505
e
.
e
.
e
ZONING REGULATIONS
~ 42.331
the storage of automobiles and other motor
vehicles in operating condition shall be so
enclosed when such use abuts on a residen-
tial district at a side or a rear lot line or is
separated from the district only by an alley.
(3) All business establishments shall be retail
or service establishments dealing directly
with consumers, except wholesale when per-
mitted as a conditional use. All goods pro-
duced on tHe premises shall be sold on the
premises where produced.
(4) Exterior lighting fIXtures shall be shaded
wherever necessary to avoid casting direct
, light on any property located in a residen-
tial district.
(5) Drive-in establishments offering food or ser.
vices directly to customers waiting in
parked motor vehicles shall screen the space
allocated for customers and motor vehicles
in the same manner as is required in sub-
section (2).
(6) Sight-obscuring screening of not less than
six (6) feet in height shall be provided along
all lot lines that abut a residential district;
however, if the property actually utilized
for permitted or conditional nonresidential
purposes (including accessory parking
areas) lies one hundred (100) feet or more
from an abutting residential lot line, no
screening is required along that lot line.
(Code 1966, ~ 36-612(5); Ord. No. 84-9002, ~ 4,
2-13-84)
Secs. 42.322-42.330. Reserved.
DMSION 16. C-6 HEAVY COMMERCIAL
DISTRICT
Sec. 42.331. Design.
The C-6 district is designed for commercial uses
which deal with the sale and/or service of heavy
equipment or products.
(Code 1966, ~ 36.613)
Supp. No. 10
2506.1
e ZONING REGULATIONS ~ 42-332
Sec. 42.332. Permitted uses. (29) Contractor's offices;
. Permitted uses in the C-6 district are as follows: (30) Department stores;
(1) Agricultural implement sales and service; (31) Dog kennels, providing that such facilities
(2) Ambulance services; are completely enclosed and that no odor or
(3) Amusement parks and skating rinks; noise is discernible outside the structure;
(4) Animal hospitals, provided that all pens (32) Dry cleaning establishments;
shall be in an enclosed structure; (33) Dry goods stores;
(5) Antique shops; (34) Electrical contractors;
(6) Apparel stores; (35) Electronic parts and supplies;
(7) Appliance stores; (36) Equipment sales and rental;
(8) Armories; (37) Florist shops;
(9) Auditoriums and community theatres; (38) Food stores and delicatessens;
(10) Automobile and truck sales and rental, in- (39) Fraternal and service clubs;
cluding accessory repair and painting oper- (40) Furniture stores;
ations and facilities, provided that such op-
erations or facilities shall comply with all (41) Furrier shops;
the use limitations in section 42-336; (42) Garden stores, greenhouses and nurseries;
e (11) Automotive repair; (43) Gasoline service stations;
(12) Automotive parts, wholesale; (44) Gift and souvenir shops;
(13) Automotive sales, service and parts; (45) Governmental buildings;
(14) Banks and financial institutions; (46) Group day-care centers provided that such
(15) Barbershops; use shall be separated from any commer-
(16) Beauty shops; cial or industrial use in accordance with
(17) Bicycle shops; the requirements of the city's adopted
building code.
(18) Blueprinting and photostating establish- (47) Hardware stores;
ments;
(19) Boat sales rental and service; (48) Hobby shops;
(20) Bonding agencies; (49) Hospitals, sanitariums, rest homes and
nursing homes;
(21) Bookstores; (50) Hotels and motels;
(22) Bowling alleys; (51) Interior decorating shops, including uphol-
(23) Business and professional offices; stering, making of draperies, slipcovers and
(24) Camera and photographic supply stores; other similar articles;
(26) Car washes; (52) Jewelry stores;
. (26) Carpet and rug stores; (53) Leather and luggage stores;
(27)- China and glassware stores; (54) Lumber yards;
(28) Commercial off-street parking as a prin- (55) Mail-order houses;
e cipal use; (56) Mechanical contractors;
Supp. No.9 2507
~ 42-332
SALINA CODE
(57) Medical and dental clinics, and guidance
centers;
(58) Mini-warehouses;
(59) Mobile home and trailer sales and rental,
but not including the use of any mobile
home as a residence;
(60) Mortuaries and funeral homes; including
crematories, providing that such facility is
completely enclosed and that no odor or
noise is discernible outside the structure;
(61) Music stores and musical instrument sales;
(62) Newspaper offices and printing;
(63) Newsstands;
(64) Office equipment and supply;
(65) Optical sales;
(66) Package liquor stores;
(67) Paint and wallpaper stores;
(68) Parking garages and lots;
(69) Pawnshops;
(70) Pest control and exterminators;
(71) Pet grooming shops;
(72) Pet stores;
(73) Pharmacies;
(74) Physical and health services;
(75) Printing plants;
(76) Private clubs;
(77) Public utility uses, including substations;
(78) Radio and television broadcasting stations;
(79) Radio and television repair shops;
(80) Recording studios;
(81) Recreational vehicle rental, sales and ser-
vice;
(82) Restaurants, including drive-in establish-
ments;
(83) Restricted production and repair limited to
the following: Alteration and custom tai-
loring of clothing for retail sale only; jew-
Supp. No.9
elry from precious metals; watches; den-
tures; optical lenses; and other similar
activities;
(84) Schools: music, dance or business;
(85) Self-service laundry and dry cleaning es-
tablishments;
(86) Shoe repair shops;
(87) Sporting goods stores;
(88) Tailor shops;
(89) Taverns;
(90) Telephone exchanges and telephone trans-
mission equipment structures;
(91) Theatres, indoor only;
(92) Variety stores;
(93) YMCA, YWCA, and other similar organi-
zations;
(94) Any other similar retail business not spe-
cifically listed is permitted if it complies
with the conditions and the restrictions con-
tained in section 42-336;
(95) Accessory and temporary uses, as permitted
by article IV of this chapter;
(96) Signs as permitted by article X of this
chapter;
(97) Off-street parking and loading, as required
by article XI of this chapter.
(Code 1966, ~ 36-613(1); Ord. No. 81-8863, ~ 11,
8-3-81; Ord. No. 83-8954, ~ 6, 1-24-83; Ord. No.
84-9020, ~ 8, 5-7-84; Ord. No. 88-9241, ~ 6, 4-11-88;
Ord. No. 91-9440, ~ 3, 5-13-91)
Sec. 42-333. Conditional uses.
Conditional uses in the C-6 district are as fol-
lows:
(1) Dog racing tracks;
(2) Horse racing tracks;
(3) Outdoor theatres;
(4) Tire repairs shops, recapping, etc.;
(5) Warehouse and wholesale houses.
(Code 1966, ~ 36-613(2); Ord. No. 80-8808, ~ 1,
8-25-80; Ord. No. 81-8863, ~ 12, 8-3-81; Ord. No.
86-9159, ~ 1, 9-22-86; Ord. No. 87-9173, ~ 1,2-9-87)
2508
e
ZONING REGULATIONS
~ 42-336
.
Sec. 42.334. Lot size requirements.
Lot size requirements in the C-6 district are as
follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100) feet.
(Code 1966, 36-613(3))
Sec. 42-335. Bulk regulations.
Bulk regulations in the C-6 district are as fol-
lows:
(1) Maximum structure height: fll'ty (50) feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the fol-
lowing various types of streets
shall maintain the following yard
requirements regardless of
whether it is a front, side or rear
e yard or any combination thereof.
i. Residential street: twenty-five
(25) feet from the property line
or fif'ty-five (55) feet from the
center line, whichever is
greater.
ii. Collector street: twenty. five
(25) feet from the property line
or fifty-five (55) feet from the
center line, whichever is
greater.
iii. Arterial street: twenty-five
(25) feet from the property line
or seventy-five (75) feet from
the center line, whichever is
greater.
2. When an addition to an existing
nonconforming structure located
on a corner lot is to be constructed,
said addition may be allowed to
match the front yard setback of the
. existing structure, provided that
the front yard so affected does not
abut an arterial street with right-
of-way less than one hundred (100)
e feet, and further provided that the
Supp. No.8
construction conforms with all re-
maining bulk regulations.
b. No side or rear yard setback shall be
required other than under the condi-
tions specified in subsection (2)a., ex.
cept that when located adjacent to a
property in a residential district there
shall be a setback of ten (10) feet.
c. Each motel and hotel shall have a min-
imum side yard on each side of the
zoning lot of not less than ten (10) feet,
and a minimum rear yard of not less
than twenty (20) feet.
d. Gasoline pumps, air and water service,
canopies and other fIXtures used in con-
nection with gasoline delivery shall be
located no less than twelve (12) feet
from the property line of any abutting
street. However, a canopy may be con.
structed which further extends to, but
not beyond, the front property line.
(3) Maximum lot coverage: fifty (50) percent.
(Code 1966, ~ 36-613(4); Ord. No. 83-8970, ~
4,8-22-83; Ord. No. 84-9003, ~ 13,2-13-84;
Ord. No. 86-9142, ~ 11, 7-21-86)
Sec. 42-336. Use limitations.
Use limitations in the C-6 district are as follows:
(1) No structure shall be used for residential pur-
poses except for a security guard or night
watchman or the owner or operator of the
business located on the premises.
(2) All outdoor storage including off-street park-
ing spaces shall be enclosed by screening from
adjacent property located in a residential
district.
(3) All lighting shall be so located to avoid cast-
ing direct light upon any property located in
a residential district.
(4) Sight-obscuring screening of not less than six
(6) feet in height shall be provided along all
lot lines that abut a residential district; how-
ever, if the property actually utilized for per-
mitted or conditional nonresidential purposes
(including accessory parking areas) lies one
2508.1
~ 43-336
SALINA CODE
hundred (100) feet or more from an abutting
residential lot line, no screening is required
along that lot line. (Code 1966, ~ 36-613(5);
Ord. No. 84-9002, ~ 5,2-13-84)
DMSION 16.1. C-7 illGHWAY COMMERCIAL
DISTRICT*
Sec. 42.337. Design.
The C-7 district is designed to permit the devel-
opment of service uses associated with interchange
areas and other locations along major limited ac-
cess highways. At certain access points food,
lodging, motor vehicle service and fuel providers
can be clustered to provide convenient service to
the traveling public. The uses permitted in this
district are required to be in an enclosed structure
or effectively screened and the premises are to be
. appropriately landscaped so as to protect and en-
hance the appearance of interstate entrances and
major arteries of access to the city. (Ord. No. 89-.
9354, ~ 1, 11-13-89)
Sec. 42.338. Permitted uses.
Permitted uses in the C-7 district are as follows:
(1) Bus stations;
(2) Car washes;
(3) Commercial off-street parking as a prin-
cipal use;
(4) Gasoline service stations and accessory con-
venience stores;
(5) Gift and souvenir shops;
(6) Hotels, motels and convention facilities;
(7) Restaurants, including drive-up and
drive-in establishments;
.Editor's note-Ordinance No. 89-9354, ~~ 1-6, adopted
Nov. 13, 1989, amended the Code by adding provisions desig-
nated as U 42-337-42-342 and pertaining to a new C-7
Highway Commercial District. In as much as the placement of
these provisions puts them at the end of Div. 16, C-6 Heavy
Commercial District, and does not provide that they be a sep-
arate division, the editor, at his discretion, has created for and
place these provisions in a new Div. 16.1 as set out above.
Supp. No.8
(8) Truck stops and accessory service;
(9) Accessory and temporary uses, as permitted
by article IV of this chapter;
(10) Signs as permitted by article X of this
chapter;
(11) Off-street parking and loading, as required
by article XI of this chapter. (Ord. No. 89-
9354, ~ 2, 11.13-89)
Sec. 42.339. Conditional uses.
Conditional uses in the C-7 district are as fol-
lows:
(1) Agricultural implement sales and service;
(2) Automobile and truck sales, rental and re-
pair service;
. (3) Automotive parts stores;
(4) Beverage distributors;
(5) Boat sales, rental and service;
(6) Building supply stores and lumber yards;
(7) Business and professional offices;
(8) Commercial recreation facilities;
(9) Department and discount stores;
(10) Equipment sales and rental;
(11) Food stores and delicatessens;
(12) Fraternal and service clubs;
(13) Furniture stores;
(14) Governmental buildings;
(15) Manufactured home and mobile home sales;
(16) Private clubs;
(17) Public utility uses, including substations;
(18) Recreational vehicle campgrounds;
(19) Recreational vehicles sales, rental and ser.
vice;
(20) Warehouses and wholesale houses. (Ord.
No. 89-9354, ~ 3, Ord. No. 90-9382, ~~ 1,2,
5-14-90)
2508.2
e
.
e
.
e
ZONING REGULATIONS
~ 42-347
Sec. 42.340. Lot size requirements.
Lot size requirements in the C- 7 district are as
follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100) feet.
(3) Minimum zoning area: one (1) acre, unless
contiguous to or within two hundred (200)
feet of a similar district. The minimum
zoning area may not be varied by more than
ten (10) percent. (Ord. No. 89-9354, ~ 4, 11-
13-89)
Sec. 42-341. Bulk regulations.
Bulk regulations in the C-7 district are as fol-
lows:
(1) Maximum structure height: fifty (50) feet.
(2) Yard requirements:
a. Front yard: thirty (30) feet on all sides
abutting a street; except when located
adjacent to an arterial street, there
shall be a setback of seventy-five (75)
feet from the street center line. The
greater distance shall prevail.
b. Side yard: ten (10) feet, except when
located adjacent to property in a resi-
dential district where a twenty-foot set-
back shall be required.
c. Rear yard: ten (10) feet, except when
located adjacent to property in a resi-
dential district where a twenty-foot set-
back shall be required.
d. Gasoline pumps, air and water service,
canopies and other fixtures used in con-
nection with gasoline delivery shall be
located no less than twelve (12) feet
from the property line of any abutting
street; however, a canopy may be con-
structed which further extends to, but
not beyond, the front property line.
(3) Maximum lot coverage: fifty (50) percent.
(Ord. No. 89-9354, ~
Sec. 42.342. Use limitations.
Use limitations in the C-7 district shall be as
Supp. No.8
established for the C-5 district (section 42-321) and
as follows:
(1) All walks, access drives and parking areas
shall be surfaced with a permanent asphalt
or concrete paving and, except for paved
areas, the grounds shall be planted with
appropriate vegetative materials and land-
scaped according to an approved landscape
plan which shall be filed in the zoning ad-
ministrator's office.
(2) No outdoor storage shall be permitted in
that area of the property between the front
of the principal building or buildings and
the public street on which the principal
building or buildings front. All outdoor
storage and loading areas elsewhere on the
property shall be screened by fencing or
landscaping treatment in such a manner
that it shall not be visible from any public
street. Areas devoted to outdoor storage, off-
street parking and loading and the display
of goods offered for sale or rental shall be
screened when such areas abut a residen-
tial district at a side or rear lot line.
(3) Signage shall be governed by the sign reg-
ulations for the C-5 district (section 42-522).
(Ord. No. 89-9354, ~ 6, 11-13-89)
Sees. 42.343-42-345. Reserved.
DIVISION 17. I-I INDUSTRIAL PARK
DISTRICT
Sec. 42-346. Design.
The I-I district is designed to permit a broad
range of industrial activities within certain limi-
tations. The uses permitted in this district are
required to be in an enclosed structure and all
premises are to be landscaped according to an
approved landscape plan. All walks, drives and
parking areas shall be all-weather surfaced. (Code
1966, ~ 36-614)
Sec. 42-347. Permitted uses.
Permitted uses in the I-I district are as follows:
(1) Adding machine manufacture;
2509
!i 42-347
SALINA CODE
(2) Armories;
(3) Artificial flower manufacture;
(4) Automobile rental agency;
(5) Automotive parts, wholesale;
(6) Bakery, wholesale;
(7) Beverage manufacturing and bottling works
(excluding malts and spirits);
(8) Bicycle manufacture;
(9) Blueprinting and photostating;
(10) Book publishing;
(11) Boot and shoe manufacture;
(12) Broom manufacture;
(13) Business, professional and administrative
offices;
(14) Cabinet maker;
(15) Candy manufacture;
(16) Cap and hat manufacture;
(17) Carpenter shop;
(18) Carpet cleaning;
(19) Cleaning and pressing;
(20) Clock factory;
(21) Clothing manufacture and assembly;
(22) Coffin manufacture;
(23) Cold storage warehouse;
(24) Commission house;
(25) Condensed milk manufacture;
(26) Cosmetic manufacture;
(27) Dental laboratory;
(28) Drug manufacture;
(29) Dry cleaning;
(30) Drygoods, wholesale;
(31) Dyeing and cleaning;
(32) Electrical repair;
(33) Electrical sign manufacture;
Supp. No.8
(34) Electronic parts and supplies;
(35) Envelope manufacture;
(36) Equipment sales and rental, except heavy
construction equipment;
(37) Express storage and delivery station;
(38) Frozen food lockers;
(39) Fruit and vegetable drying;
(40) Fur warehouse;
(41) Furniture warehouse/storage;
(42) Garden stores, greenhouses and nurseries;
(43) Grocery store, wholesale;
(44) Group day-care centers provided that such
use shall be separated from any commer-
cial or industrial use in accordance with
the requirements of the city's adopted build-
ing code;
(45) Gymnasium equipment manufacture;
(46) Hat cleaning;
(47) Jewelry manufacture;
(48) Knit goods manufacture;
(49) Laboratories;
(50) Laundry;
2510
e ZONING REGULATIONS ~ 42-347
(51) Limb (artificial) manufacture; (prosthesis (83) Saddle manufacture;
manufacture); (84) Sign painting;
. (52) Loose-leaf book manufacture; (85) Small animal hospitals;
(53) Mattress manufacture; (86) Soap manufacture;
(54) Medicine manufacture; (87) Soda water manufacture;
(55) Milk bottling plant; (88) Sporting goods manufacture;
(56) Millinery making; (89) Stair manufacture;
(57) Mineral distillation and bottling; (90) Storage warehouse;
(58) Moving company, with storage facilities; (91) Tailor shop;
(59) Newspaper offices and printing; (92) Tea and spice packing;
(60) Office equipment and supply manufacture; (93) Television aerials (classed with building to
(61) Office equipment and supply wholesale; which attached);
(62) Optical goods manufacture; (94) Television manufacture;
(63) Organ manufacture; (95) Television sending or relay towers;
(6) Paper products manufacture; (96) Textile manufacture;
e (65) Pencil factory; (97) Thermometer or thermostat manufacture;
(66) Perfumery; (98) Transfer company, baggage storage;
(67) Pharmaceutical products manufacture; (99) Trunk manufacture;
(68) Phonograph manufacture; (100) Upholstery manufacture;
(69) Photo engraving company; (101) Wallpaper manufacture;
(70) Piano manufacture; (102) Warehouse;
(71) Popcorn factory; (103) Watch manufacture;
(72) Printing plants; (104) Water company appurtenances;
(73) Produce warehouse; (105) Waterproofing treatment and manufacture;
(74) Public utility plants and services, includ- (106) Wholesale houses;
ing substations; (107) Wholesale produce storage and market;
(75) Publishing company; (108) Window shade manufacture;
(76) Pump station; (109) Wire brush manufacture;
(77) Radio and television broadcasting stations; (110) Wood products manufacture;
(78) Radio and television repair shops; (111) Woodworking shops;
. (79) Radio manufacture; (112) Woven goods manufacture;
(80) Recording studios; (113) Accessory and temporary uses, as permit-
(81) Relay station (radio, television, etc.); ted by Article IV of this chapter;
e (82) Research facilities;
Supp. No.7
2510.1
~ 42-347
SALINA CODE
(114) Signs, as permitted by Article X of this
chapter;
(115) Off-street parking and loading, as required
by Article XI of this chapter.
(Code 1966, ~ 36-614(1); Ord. No. 88-9242, ~ 1,
4-11-88)
Sec. 42-348. Conditional uses.
Conditional uses in the 1-1 district are as follows:
(1) Automobile and truck washes;
(2) Automobile repair (no wrecking yard);
(3) Boat sales, rental and service;
(4) Building materials yard;
(5) Contractor's office and storage yard;
(6) Mini-warehouses;
(7) Pest control and exterminators;
(8) Plumbing shop;
(9) Recreational vehicle rental, sales and service;
(10) Truck terminals;
(11) Welding shop (no salvage yard).
(Code 1966, ~ 36-614(2); Ord. No. 88-9242, ~ 2,
4-11-88)
Sec. 42-349. Lot size requirements.
Lot size requirements in the I-I district are as
follows:
(1) Minimum lot width: one hundred (100) feet.
(2) Minimum lot depth: one hundred fifty (150)
feet.
(3) Minimum zoning area: one acre, unless con-
tiguous to or within two hundred (200) feet of
a similar district. The minimum zoning area
may not be varied by more than ten (10) per-
cent. (Code 1966, ~ 36-614(3))
Sec. 42-350. Bulk regulations.
Bulk regulations in the I-I district are as follows:
(1) Maximum structure height: fifty (50) feet.
(2) Yard requirements:
Supp. No.7
a. Front yard: thirty-five (35) feet on all sides
abutting a street, except when located
adjacent to an arterial street, there shall
be a setback of seventy-five (75) feet from
the street center line. The greater dis-
tance shall prevail.
b. Side yard: twenty (20) feet.
c. Rear yard: twenty (20) feet.
(3) Maximum lot coverage: thirty-five (35) per-
cent. (Code 1966, ~ 36-614(4))
Sec. 42-351. Use limitations.
Use limitations in the I-I district are as follows:
(1) All operations, activities and storage shall be
conducted wholly inside a building or build-
ings, unless the nearest point of such opera-
tion or activity is more than two hundred
(200) feet from the boundary of any zoning
district other than an I-I, 1-2, or 1-3 district
and except that storage may be maintained
outside the building in side yards or rear
yards if such storage area is separated from
public streets and other property (except prop-
erty located in an I-I, 1-2, or 1-3 district) by
screening of not less than six (6) feet in height.
(2) No retail sales or services shall be permitted
except incidental or accessory to a permitted
use.
(3) Servicing and maintenance of vehicles shall
be permitted only when such is necessary to
the conduct of a permitted use.
(4) All premises in an I-I district shall be fur-
nished with all-weather, hard surface walks
and, except for parking areas, the grounds
shall be planted and landscaped according to
a landscape plan which shall be filed in the
zoning administrator's office.
(5) If a lot in an I-I district adjoins a residential
district, screening shall be provided at the lot
lines sufficient to protect, on a year-round
basis, the privacy of adjoining-residential uses,
however, if the property actually utilized for
permitted or conditional nonresidential pur-
poses (including accessory parking areas) lies
2510.2
e ZONING REGULATIONS ~ 42.362
two hundred (200) feet or more from an ad- (14) Boot and shoe manufacture;
. joining residential lot line, no screening is (15) Bottling works;
required along that lot line.
No building shall be used for residential pur- (16) Broom manufacture;
(6)
poses except that a watchman may reside on (17) Building materials yard;
the premises. (18) Cabinet maker;
(7) Exterior lighting shall be shaded so that no (19) Candy manufacture;
direct light is cast upon any property located
in a residential district or upon any street (20) Canning and preserving factory;
where glare is visible to traffic. (Code 1966, ~ (21) Cap and hat manufacture;
36-614(5); Ord. No. 84-9002, ~ 6, 2-13-84)
(22) Carpenter shop;
Sees. 42-352-42-360. Reserved. (23) Carpet cleaning;
DIVISION 18. 1-2 LIGHT INDUSTRIAL (24) Cleaning and pressing;
DISTRICT (25) Clock factory;
Sec. 42-361. Design. (26) Clothing manufacture;
The 1-2 district is designed to permit industrial (27) Coffin manufacture;
activities of a limited nature. This includes uses (28) Cold storage warehouse;
e which in many cases are compatible with adja- (29) Commission house;
cent use districts. (Code 1966, ~ 36-615)
(30) Concrete burial vault company;
Sec. 42-362. Permitted uses.
(31) Condensed milk manufacture;
Permitted uses in the 1-2 district are as follows: Contractor's storage yard and offices;
(32)
(1) Any retail or commercial use, except those Cosmetic manufacture;
listed as conditional uses in the 1-2 or 1-3 (33)
districts; (34) Creamery, wholesale;
(2) Adding machine manufacture; (35) Dairy, wholesale;
(3) Armories; (36) Dental laboratory;
(4) Artificial flower manufacture; (37) Drug manufacture;
(5) Automobile assembly; (38) Dry cleaning establishment;
(6) Automobile and truck washes; (39) Drygoods, wholesale;
(7) Automobile rental agency; (40) Dyeing and cleaning;
(8) Automobile repair (no wrecking yard); (41) Electrical repair;
(9) Bakery, wholesale; (42) Electrical sign manufacture;
(10) Beverage manufacturing and bottling (ex- (43) Enameling and painting;
. eluding malts and spirits); (44) Engraving plant;
(11) Bicycle manufacture;
Blacksmith (no salvage yard); (45) Envelope manufacture;
(12) Express storage and delivery station;
e (46)
(13) Book publishing;
Supp. No.7
2510.3
fi 42-362
(47) Feed and seed stores;
(48) Feed manufacturer;
(49) Feed, wholesale;
(50) Flour and grain storage and elevators;
(51) Food products manufacture;
(52) Frozen food lockers;
Supp. No.7
SALINA CODE
2510.4
e ZONING REGULATIONS * 42-362
(53) Fruit and vegetable drying; (85) Mobile home sales and service;
. (54) Fur warehouse; (86) Motorcycle repair;
(55) Furniture warehouse/storage; (87) Moving company, with storage facilities;
(56) Garage, repair; (88) Newspaper offices and printing;
(57) Garment factory; (89) Office building on same site as industry
(58) Greenhouses, retail and wholesale; (factory);
(59) Grocery store, wholesale; (90) Office equipment and supply manufacture;
(60) Gymnasium equipment manufacture; (91) Optical goods manufacture;
(61) Hangars with repair facilities; (92) Organ manufacture;
(62) Hat cleaning; (93) Overalls manufacture;
(63) Hatchery; (94) Paper products manufacture;
(64) Hay, grain, feed, wholesale; (95) Pencil factory;
(65) Ice cream manufacture; (96) Perfumery;
(66) Ice manufacture; (97) Pest control and exterminators;
(67) Jewelry manufacture; (98) Pharmaceutical products manufacture;
e (68) Knit goods manufacture; (99) Phonograph manufacture;
(69) Laboratories; (100) Photo engraving company;
(70) Laundry; (101) Piano manufacture;
(71) Limb (artificial) manufacture; (prosthesis (102) Plumbing shop;
manufacture); (103) Popcorn factory;
(72) Lime and cement warehouse; (104) Printing plants;
(73) Looseleaf book manufacture; (105) Produce warehouse;
(74) Lumber yard; (106) Public utility plants and services, includ-
(75) Macaroni manufacture; ing substations;
(76) Machinery and implement sales, rental, star- (107) Publishing company;
age and repair; (108) Pump station;
(77) Mattress manufacture; (109) Radio manufacture;
(78) Medicine manufacture; (110) Refrigerator manufacture;
(79) Metal fabrication and assembly; (111) Refuse service;
(80) Milk bottling plant; (112) Relay station (radio, television, etc.);
. (81) Milk depot, wholesale; (113) Research facilities;
(82) Millinery making; (114) Rug cleaning;
(83) Mineral distillation and bottling; (115) Saddle manufacture;
e (84) Mini-warehouses; (116) Screw and bolt manufac' ure;
Supp. No.2
2511
5 42-362
SAUNA CODE
(117) Seed company (processing);
(118) Sheet metal shop;
(119) Shirt factory;
(120) Sign painting;
(121) Small animal hospitals;
(122) Soap manufacture;
(123) Soda water manufacture;
(124) Sporting goods manufacture;
(125) Stair manufacture;
(126) Storage warehouse;
(127) Tailor shop;
(128) Taxicab storage, repair;
(129) Tea and spice packing;
(130) Television aerials (classed with building to
which attached);
(131) Television manufacture;
(132) Television sending or relay towers;
(133) Textile manufacture;
(134) Thermometer or thermostat manufacture;
(135) Tin products, wholesale;
(136) Tinsmith shop;
(137) Tire repair shop, recapping, etc.;
(138) Transfer company, baggage storage;
(139) Truck sales, rental and service;
(140) Truck terminals;
(141) Trunk manufacture;
(142) Upholstery manufacture;
(143) Vulcanizing shop (rubber);
(144) Wallpaper manufacture;
(145) Warehouse;
(146) Washing machine manufacture;
(147) Watch manufacture;
(148) Water company appurtenances;
(149) Waterproofing treatment and manufacture;
Supp. No. 2
(150) Welding shop (no salvage);
(151) Wholesale houses;
(152) Wholesale produce storage and market;
(153) Window shade manufacture;
(154) Wire brush manufacture;
(155) Wood products manufacture;
(156) Woodworking shops;
(157) Worsted goods manufacture;
(158) Woven goods manufacture;
(159) Accessory and temporary uses, as permit-
ted by article IV of this chapter;
(160) Signs, as permitted by article X of this
chapter;
(161) Off-street parking and loading, as required
by article XI of this chapter;
(162) Any other similar industrial use, provided
that it complies with the limitations in sec-
tion 42-366. (Code 1966, ~ 36-615(1))
Sec. 42.363. Conditional uses.
Conditional uses in the 1-2 district are as fol-
lows: None. (Code 1966, ~ 36-615(2))
Sec. 42-364. Lot size requirements.
Lot size requirements in the 1-2 district are as
follows:
(1) Minimum lot area: five thousand (5,000) square
feet.
(2) Minimum lot width: rtfty (50) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-615(3))
Sec. 42-365. Bulk regulations.
Bulk regulations in the 1-2 district are as follows:
(1) Maximum structure height: no limitation.
(2) Minimum yard requirements:
a. Minimum front yard:
1. Twenty-five (25) feet on all sides abut-
ting a street, except when located
2512
e
.
e
.
e
ZONING REGULATIONS
adjacent to an arterial street there
shall be a setback of seventy-five (75)
feet from the street center line. The
greater distance shall prevail.
2. When an addition to an existing non-
conforming structure located on a cor-
ner lot is to be constructed, said ad-
dition may be allowed to match the
front yard setback of the existing
structure, provided that the front yard
so affected does not abut an arterial
street with right-of-way less than one
hundred (100) feet, and further pro-
vided that the construction conforms
with all remaining bulk regulations.
b. Side yard: no minimum requirement, but
if a side yard abuts a residential district,
a side yard rR ten (10) feet shall be provided.
c. Minimum rear yard: no minimum re-
quirement, but if a rear yard abuts a.
residential district, a rear yard of ten
(10) feet shall be provided.
d. Canopies used in conjunction with retail
gasoline service may extend up to twelve
(12) feet into the required front yard set-
back. At no time shall the canopy extend
over the right-of-way.
(3) Maximum lot coverage: fIfty (50) percent. (Code
1966, ~ 36-615(4); Ord. No. 83-8970, ~ 5, 8-22-83;
Ord. No. 84-9003, ~ 14, 2-13-84)
Sec. 42-366. Use limitations.
Use limitations in the 1-2 district are as follows:
(1) All operations, activities and storage shall be
conducted wholly inside a building, or build.
ings, unless the nearest point of such opera-
tion or activity is more than two hundred
(200) feet from the boundary of any other
zoning district other than an 1.2 or 1-3 dis-
trict and except that storage may be main-
tained outside the building in side or rear
yards if such storage area is separated from
public streets and other property (except prop-
erty located in an 1.2 or 1-3 district) by screen-
ing of not less than six (6) feet in height.
Supp. No.2
~ 42-382
(2) Servicing and maintenance of vehicles shall
be permitted only when such is necessary to
the conduct of a permitted use.
(3) If a lot in an 1-2 district adjoins a residential
district, screening shall be provided at the lot
lines sufficient to protect, on a year-round
basis, the privacy of adjoining residential uses,
however, if the property actually utilized for
permitted or conditional nonresidential pur-
poses (including accessory parking areas) lies
two hundred (200) feet or more from an ad-
joining residential lot line, no screening is
required along that lot line.
(4) No building shall be used for residential pur-
poses except that a watchman may reside on
the premises. (Code 1966, ~ 36-615(5); Ord.
No. 84-9002, ~ 7,2-13-84)
Sees. 42-367-42-380. Reserved.
DIVISION 19. 1.3 HEAVY INDUSTRIAL
DISTRICT
Sec. 42-381. Design.
The 1-3 district is designed for those industries
which are apt to have an extensive impact on the
surrounding area. If possible, 1-3 district should
be separated from residential districts and the
more restricted business districts by intervening
or restrictive industrial or commercial zones. (Code
1966, f 36-616)
Sec. 42-382. Permitted uses.
Permitted uses in the 1-3 district are as follows:
(1) Any retail or commercial use except those
listed as conditional in section 42-383;
(2) All permitted uses in the 1-2 district;
(3) Airplane repair and manufacture;
(4) Automobile manufacturing;
(5) Bag cleaning;
(6) Bank equipment manufacture;
(7) Barrel manufacture;
2518
~ 42-382
SALINA CODE
(8) Beet sugar manufacture; (41) Elevator manufacture;
(9) Beverage manufacture and bottling; (42) Emery cloth manufacture;
(10) Bleaching powder manufacture; (43) Engine manufacture;
(11) Blooming mill; (44) Excelsior manufacture;
(12) Blueing manufacture; (45) Fire brick manufacture;
(13) Boat manufacture; (46) Fire clay products manufacture;
(14) Box manufacture; (47) Flour and grain milling;
(15) Brass foundry; (48) Foundry;
(16) Brewery; (49) Fuel storage and distribution;
(17) Brick yard and kiln; (50) Furnace manufacture;
(18) Bronze manufacture; (51) Furniture manufacture;
(19) Brush manufacture; (52) Glass manufacture;
(20) Can manufacture; (53) Hair products factory;
(21) Candle manufacture; (54) Hardware manufacture;
(22) Car manufacture; (55) Heating supplies and appliances manufac-
(23) Car wheel foundry; ture;
(24) Cast iron pipe manufacture; (56) Hosiery mill;
(25) Casting foundry; (57) Iron (ornamental) works;
(26) Celluloid manufacture; (58) Lath manufacture;
(27) Chalk manufacture; (59) Laundry machinery manufacture;
(28) Charcoal manufacture and pulverizing; (60) Leather and leather goods manufacture;
(29) Cheese manufacture; (61) Light and power manufacture;
(30) Chocolate and cocoa products; (62) Linen goods manufacture;
(31) Cider and vinegar manufacture; (63) Linoleum manufacture;
(32) Clay products; (64) Lubricating machinery manufacture;
(33) Coal yards; (65) Lumber mill;
(34) Coffee roasting; (66) Machine shop;
(35) Concrete batching or "ready mixed" plant; (67) Machinery manufacture;
(36) Concrete products company; (68) Mailbox manufacture;"
(37) Copper manufacture; (69) Malt products manufacture;
(38) Cotton yarn manufacture; (70) Meat cutter and coffee grinder manufacture;
(39) Culvert pipe manufacture; (71) Meat packing plant;
(40) Electrical supply manufacture; (72) Metal polish manufacture;
Supp. No.2
2514
e ZONING REGULATIONS ~ 42-383
(73) Metal weather-stripping manufacture; (106) Shovel manufacture;
. (74) Milling company; (107) Starch manufacture;
(75) Mini-warehouses; (108) Soybean oil manufacture;
(76) Monument works; (109) Stone cutting and screening;
(77) Motorcycle manufacture; (110) Stove and range manufacture;
(78) Nail manufacture; (111) Sweeping ccmpound manufacture;
(79) Needle manufacture; (112) Syrup and preserve manufacture;
(80) Oilcloth manufacture; (113) Tack manufacture;
(81) Packing (meat, poultry) plant; (114) Terra cotta manufacture;
(82) Pattern shop; (115) Tile manufacture;
(83) Pipe (concrete) manufacture; (116) Tin foil manufacture;
(84) Pipe (metal) manufacture; (117) Tin products manufacture;
(85) Planing mill; (118) Tire manufacture;
(86) Plaster of paris manufacture; (119) Tool manufacture;
(87) Plating works; (120) Vinegar manufacture;
e (88) Poultry food manufacture; (121) Washing powder manufacture;
(89) Printing ink manufacture; (122) Washing soda manufacture;
- (90) Quilt manufacture; (123) Waste paper products manufacture;
(91) Radiator (heating) manufacture; (124) Wire manufacture;
(92) Rivet manufacture; (125) Wood preserving treatment manufacture;
(93) Rope manufacture; (126) Accessory and temporary uses, as permit-
(94) Rubber cement manufacture; ted by article IV of this chapter;
(95) Rubber manufacture; (127) Signs, as permitted by article X of this
(96) Rug manufacture; chapter;
(97) Salt manufacture; (128) Off-street parking and loading, as required
by article XI ofthis chapter. (Code 1966, A
(98) Salvage storage yard; 36-616(1))
(99) Sand and gravel storage yard; Sec. 42-383. Conditional uses.
(100) Sand paper manufacture; Conditional uses in the 1-3 district are as follows:
(101) Sausage or sausage casing manufacture; (1) Anhydrous ammonia production and storage;
. (102) Sawmill; (2) Explosives manufacture and storage (includ-
(103) Sewer pipe manufacture; ing fireworks);
(104) Shingle manufacture; (3) Any other uses not now or hereafter prohib-
ited by ordinance of the city. (Code 1966, ~
e (105) Shoe manufacture; 36-616(2))
Supp. No.6
2515
~ 42.384
SALINA CODE
Sec. 42-384. Lot size requirements.
Lot size requirements in the 1-3 district are as
follows:
(1) Minimum lot area: five thousand (5,000) square
feet.
(2) Minimum lot width: fifty (50) feet.
(3) Minimum lot depth: one hundred (100) feet.
(Code 1966, ~ 36-616(3))
Sec. 42-385. Bulk regulations.
Bulk regulations in the 1-3 district are as follows:
(1) Maximum structure height: no limitation.
(2) Minimum yard requirements:
a. Mjnimum front yard:
1. Twenty-five (25) feet on all sides abut-
ting a street, except when located
adjacent to an arterial street there
shall be a setback of seventy-five (75)
feet from the street center line. The
greater distance shall prevail.
2. When an addition to an existing non-
conforming structure located on a cor-
ner lot is to be constructed, said ad-
dition may be allowed to match the
front yard setback of the existing
structure, provided that the front yard
so affected does not abut an arterial
street with right-of-way less than one
hundred (100) feet, and further pro-
vided that the construction conforms
with all remaining bulk regulations.
b. Side yard: no minimum requirement, but
if a side yard abuts a residential district,
a side yard of ten (10) feet shall be provided.
c. Minimum rear yard: no minimum re-
quirement, but if a rear yard abuts a
residential district, a rear yard of ten
(10) feet shall be provided.
d. Canopies used in conjunction with retail
gasoline service may extend up to twelve
(12) feet into the required front yard set-
back. At no time shall the canopy extend
over the right-of-way.
Supp. No.6
(3) Maximum lot coverage: seventy-five (75) per-
cent. (Code 1966, ~ 36-316(4); Ord. No. 83-8970,
~ 6, 8-22-83; Ord. No. 84-9003, ~ 15, 2-13-84)
Sec. 42-388. Use limitations.
Use limitations in the 1-3 district are as follows:
(1) If a lot in an 1-3 district adjoins a residential
district, screening shall be provided at the lot
lines sufficient to protect, on a year-round
basis, the privacy of adjoining residential uses,
however if the property actually utilized for
permitted or conditional nonresidential pur-
poses (including accessory parking areas) lies
two hundred (200) feet or more from an ad-
joining residential lot line, no screening is
required along that lot line.
(2) No building shall be used for residential pur-
poses except that a watchman or custodian
may reside on the premises. (Code 1966, ~
36-616(5); Ord. No. 84-9002, ~ 8,2-13-84)
Sees. 42-387-42-400. Reserved.
ARTICLE VII. PLANNED
DEVELOPMENT DISTRICTS.
DIVISION 1. GENERALLY
Sec. 42-401. Purpose.
The application of flexible land use controls to
the development of land is often difficult or im-
possible with traditional zoning district regula-
tions. In order to permit the use of more flexible
land use regulations and to facilitate use of the
most advantageous techniques of land development,
the board of commissioners is authorized by Kan-
sas Statutes Annotated, Sections 12-725 through
12-733, to establish planned development districts
in which the zoning regulations are in harmony
with the general purpose and intent of this chap-
ter, and with the comprehensive plan of the city,
but in which such regulations differ in one or
more respects from the zoning regulations that
.State law reference-Planned unit development in cities
and counties, K.S.A. 12.725 et seq.
2516
e
.
e
.
e
ZONING REGULATIONS
~ 42-403
are applicable in any of the districts that are
established by this chapter. (Code 1966, ~ 36-700)
Sec. 42-402. General provisions.
(a) The board of commissioners may, by ordi-
nance, approve the establishment of a planned
development district on any parcel or tract of land
which is suitable for, and of sufficient size to be
planned and developed or redeveloped, as a planned
unit development and in a manner consistent with
the intent and purpose of this chapter and with
the comprehensive plan.
(b) A planned development district may be es-
tablished for a residential planned development
or for a general planned development. A devel-
opment shall be deemed to be a residential planned
development when it is limited to dwelling units
in detached, semi-detached, attached or multi-storied
structures, or any combination thereof; and non-
residential uses of a religious, cultural, recrea-
tional and business character that are primarily
designed and intended to serve the residents of
the residential planned development. A develop-
ment shall be deemed to be a general planned
development when it contains business and/or in-
dustrial structures and uses exclusively or when
it blends residential structures or dwelling units
in a unified plan with business and/or industrial
structures and uses.
(c) Business and industrial structures and uses
in planned development districts shall comply with
the limitation of use standards for any commer-
cial or industrial district in which any contem-
plated use is first permitted in this chapter and
with the off-street parking and loading require-
ments contained in article XI of this chapter. (Code
1966, * 36-701)
Sec. 42-403. Standards and criteria for
planned developments.
(a) For all planned developments. A development
plan that is not inconsistent with the standards
set out in this section or with such general poli-
cies or specific rules and regulations for planned
development districts as may be adopted from
time to time by the board of commissioners or the
planning commission and placed of [on] public
Supp. No.6
record in the office of the zoning administrator
shall prima facie be deemed to have qualified for
preliminary approval. No such policies, rules or
regulations shall be revised or added to so as to be
applicable to a specific proposal for a planned
development after an application for preliminary
approval of a specific development plan has been
filed. A development plan shall not be inconsis-
tent with the following general standards for use
of land, and the use, type, bulk, design, and loca-
tion of buildings, the density or intensity of use,
the common open space, the public facilities and
the development by geographic division of the
site:
(1) The planned development can be substan-
tially completed within the period of time
specified in the schedule of development
submitted by the developer.
2516.1
e ZONING REGULATIONS * 42-403
(2) The planned development will not substan- cel to be developed as a planned unit de-
. tially injure or damage the use, value and velopment and shall, in such case, specify
enjoyment of surrounding property nor hin- reasonable periods within which develop-
der or prevent the development of surround- ment of each such area must be commenced.
ing property in accordance with the land In the case of residential planned develop-
use plan. ments and general planned developments
(3) The site will be accessible from public roads which contain residential buildings, the plan-
that are adequate to carry the traffic that ning commission may permit in each area
will be imposed upon them by the proposed deviations from the number of dwelling units
development and the streets and driveways per acre established for the entire planned
on the site of the proposed development development, provided such deviation shall
will be adequate to serve the residents, oc- be adjusted for in other sections of the de-
cupants, or users of the proposed develop- velopment so that the number of dwelling
ment. Traffic-control signals will be provided units per acre authorized for the entire
without expense to the city when the board planned development is not affected. The
of commissioners determines that such sig- period of time established for the comple-
nals are required to prevent traffic hazards tion of the entire development and the com-
or congestion in adjacent streets. mencement date for each section thereof
may be modified from time to time by the
(4) The development will not impose an undue planning commission, upon the showing of
burden on public services and facilities, such good cause by the developer, provided that
as fire and police protection. in no case shall any extension of time ex-
e (5) The entire tract or parcel of land to be ceed twelve (12) months. The developer shall
occupied by the planned development shall provide and record easements and covenants
be held in a single ownership, or if there or shall make such other arrangements,
are two (2) or more owners, the application and shall furnish such performance bond,
for such planned development shall be filed escrow deposit, or other financial guaran-
jointly by all such owners. tees as may be determined by the planning
(6) The development plan shall contain such commission to be reasonably required to
proposed covenants, easements and other assure performance in accordance with the
provisions relating to the bulk, location and development plan and to protect the public
density of residential buildings, nonresiden- interest in the event of abandonment of the
tial uses and structures, and public facili- plan before completion.
ties as are necessary for the welfare of the (8) The location and arrangement of structures,
planned development and are not inconsis- parking areas, walks, lighting and appur-
tent with the best interests of the area. tenant facilities shall be compatible with
Such covenants, easements and other pro- the surrounding land uses, and any part of
visions, if part of the development plan as a planned development not used for struc-
finally approved, may be modified, removed tures, parking and loading areas, or access-
or released only with the consent of the ways, shall be landscaped or otherwise im-
board of commissioners after a public hear- proved, unless said open space would ac-
ing before, and recommendations by, the complish the intent of this section if left in
planning commission as provided in section its natural state.
. 42-404(bXl). All such covenants shall spe- (9) When business or manufacturing structures
cifically provide for enforcement by the city
in addition to the landowners within the or uses in a planned development district
development. abut a residential district or residential build-
ings in the same development. screening
e (7) The planning commission may designate shall be provided. In no event shall a busi-
divisible geographic areas of the entire par- ness or manufacturing structure in a planned
2517
~ 42-403
SALINA CODE
development district be located nearer than
one hundred (100) feet to a residential
building.
(10) Notwithstanding any of the other provisions
of this chapter, when a shopping center is
developed as a planned development dis-
trict, such shopping center shall provide a
parking space in off-street parking for each
two hundred (200) square feet of floor area
in the structures located in the planned
shopping center development. Such off-street
parking facilities shall comply with the pro-
visions of article XI of this chapter.
(11) The specifications for the width and surfac-
ing of streets and highways, alleys, ways
for public utilities, for curbs, gutters, side-
walks, street lights, public parks and play-
grounds, school grounds, storm drainage,
water supply and distribution, sanitary sew-
ers and sewage collection and treatment
established in the subdivision regulations
of the city, as amended from time to time
may, within the limits hereinafter speci-
fied, be waived or modified by the planning
commission where the commission finds that
such specifications are not required in the
interests of the residents or occupants of
the planned development and that the waiver
or modification of such specifications would
not be inconsistent with the interests of
the city.
(12) Any modifications of the zoning or other
regulations that would otherwise be appli-
cable to the site are warranted by the de-
sign to the development plan, and the amen-
ities incorporated in it, and are not incon-
sistent with the interest of the public
generally.
(b) Standards for residential planned develop-
ments and general planned developments contain-
ing residential buildings.
(1) Any development plan that does not propose
to increase the number of dwelling units per
acre that would otherwise be permitted on
the property under the zoning regulations oth-
erwise applicable thereto shall be prima facie
qualified for preliminary approval insofar as
residential density is concerned. A develop-
ment plan may provide for a greater number
of dwelling units per acre than would be per-
mitted by the zoning regulations otherwise
applicable to the site, but if the number of
dwelling units per acre exceeds by more than
ten (10) percent that permitted by the zoning
regulations otherwise applicable to the site,
the developer has the burden to show that
such excess will not have an undue and ad-
verse impact on existing public facilities and
on the reasonable enjoyment of neighboring
property. The planning commission, in deter-
mining the reasonableness of a proposed in-
crease in the number of dwelling units per
acres, shall recognize that increased density
may be compensated for by additional private
amenities and by increased efficiency in pub-
lic services to be achieved by the amount,
location and proposed use of common open
space, and the location, design and type of
dwelling units. The planning commission shall,
in its determination, also consider that the
physical characteristics of the site may make
increased densities appropriate in the particu-
lar location.
(2) When common open space is provided in a
development plan, the amount and location
of such common open space shall be consist-
ent with the declared function of the common
open space as set forth in the application for
a planned development district. The develop-
ment plan shall include such provisions for
the ownership and maintenance of the com-
mon open space as are reasonably necessary
to ensure its continuity, care, conservation
and maintenance, and to ensure that reme-
dial measures will be available to the city if
the common open space is permitted to dete-
riorate or is not maintained in a condition
consistent with the best interest of the planned
development or of the city.
(3) When a planned development includes com-
mon open space, such common open space
shall not be used for the construction of any
structure which is inconsistent with its in-
tended use, nor shall such open space ever be
computed as a part of the required minimum
lot area, or any required yard, of any other
2518
e
.
e
.
e
ZONING REGULATIONS
~ 42-404
structure. Adequate safeguards, including re-
corded covenants, shall be provided to pre-
vent the subsequent development and the fu-
ture construction of structures on such open
space. When a structure is permitted in said
open space, its construction shall be allowed
only after' receiving specific approval from
the planning commission.
(4) The total ground area occupied by buildings
and structures shall not exceed thirty-five (35)
percent of the total ground area of the planned
development.
(5) Nonresidential uses of an educational or rec-
reational nature shall be designed or intended
primarily for the use of the residents of the
planned development.
(6) Other nonresidential uses may include and
shall be limited to the following:
a. Nonresidential uses of the extent such
nonresidential uses are designed or in-
tended to serve the residents of the planned
development or adjacent neighborhood.
Where residential uses' are proposed in
conjunction with nonresidential uses no
structure designed or intended to be used
in part or in whole, for business, com-
mercial or industrial purposes shall be
constructed prior to the construction of
not less than thirty (30) percent of-the
total number of dwelling units proposed
in the development plan. However, if in
the opinion of the planning commission,
said construction of dwelling units would
be contrary to public interest or to the
interest of the city as a whole, specific
written findings of fact which support
such conclusion shall be made and the
percentage of required dwelling units may
be reduced to the level deemed appropri-
ate within the general purpose and in-
tent of these regulations.
b. Commercial or business uses having a
major impact upon the city as a whole, or
major sub-elements thereof, such as shop-
ping centers, office complexes, major rec-
reational and entertainment facilities,
together with such other uses that are
Supp. No.6
designed or intended to serve such activ-
ities and uses.
c. Industrial parks, including other support-
ing uses necessary for and designed or
intended to serve such activities or uses.
(7) Planned developments in areas that are on
the fringes of urban development or are in
largely undeveloped areas shall maintain the
following minimum yards:
a. The distance at the closest point between
any structure and the boundary of the
planned development district shall be at
least two (2) times the perpendicular dis-
tance from the lowest first floor window
sill to the highest point on the roof of the
structure.
b. When two (2) or more structures are lo-
cated in any proposed planned develop-
ment, the distance at the closest point
between any two (2) structures contain-
ing residential uses, or between a struc-
ture containing residential uses and any
other structure, shall be equal to two (2)
times the perpendicular distance from the
lowest first floor window sill of any struc-
ture containing residential uses to the
highest point in the roof of the other struc-
ture. (Code 1966, ~ 36.702; Ord. No.
81-8887, ~ 1,5-3-82)
Sec. 42-404. Procedure for securing approval
of a planned development and
the establishment of a planned
development district.
(a) Preliminary development plan:
(1) A developer seeking the establishment of a
planned development district shall prepare
and submit to the planning commission a pre-
liminary development plan for such planned
development district.
(2) The preliminary development plan shall con.
tain the following documents and information:
a. A survey of the tract that is to be devel-
oped showing existing features of the prop-
erty including streets, alleys, easements,
utility lines, existing land use, general
2519
~ 42-404
SALINA CODE
topography, physical features, and drain-
age;
b. A site plan showing the location and ar-
rangement of all existing and proposed
structures, the proposed traffic circulation
pattern within the development, the areas
to be developed for parking, the points of
ingress and egress, including access streets
where required, the relationship of abut-
ting land uses and zoning districts, pro-
posed lots and blocks, if any, proposed
public or common open space, if any, in-
cluding parks, playgrounds, school sites,
and recreational facilities, and proposed
drainage;
c. A preliminary plat of subdivision for which
approval has been secured pursuant to
the applicable ordinances, rules and regu-
lations relating to subdivision approval
or a copy of the existing recorded plat
which is appropriate for the intended plan;
d. A statement of the anticipated residen-
tial density (when applicable), the pro-
posed total gross floor area, and the per-
centage of the development which is to
be occupied by structures;
e. Preliminary sketches of the proposed struc-
tures and landscaping;
f. When a planned development is to be
constructed in stages, a schedule for the
development of such stages shall be sub-
mitted. No such stage shall have a resi-
dential density that exceeds by more than
twenty (20) percent the proposed residen-
tial density of the entire planned devel-
opment. When a planned development
provides for common open space, the total
area of common open space provided at
any stage of development shall, at a min-
imum, bear the same relationship to the
total open space to be provided in the
entire planned development as the stages
completed or under the development bear
to the entire planned development;
g. Evidence that the applicant has sufficient
control over the tract to effectuate the
proposed plan, including a statement of
Supp. No.6
all the ownership and beneficial interests
in the tract of land and the proposed
development;
h. When it deems it to be necessary, the
planning commission may require a traf-
fic survey setting out and analyzing the
effect that the planned development will
have upon traffic in the streets and thor-
oughfares adjacent to and in the vicinity
of the proposed development;
1. A statement showing the relationship of
the planned development to the compre-
hensive plan and future land use plan
for the city;
j. In the case of general planned develop-
ments, a statement identifying the prin-
cipal types of business and/or industrial
uses that are to be included in the pro-
posed development;
k. When a planned development includes
provisions for common open space, streets,
utilities, drainage ways or recreational
facilities, a statement describing the pro-
vision that is to be made for the care and
maintenance of such open space, streets,
utilities, drainage ways or recreational
facilities.
l. Copies of any restrictive covenants that
are to be recorded with respect to prop-
erty included in the planned development
district.
(b) Action on preliminary development plan:
(1) Hearing, findings and recommendation of plan-
ning commission. The planning commission
shall, within forty-five (45) days after a pre-
liminary development plan is filed with it,
hold a public hearing on the preliminary de-
velopment plan after giving the notice required
by article II of this chapter for hearings on
amendments. Such public hearing shall con-
sider all aspects of the preliminary develop-
ment plan including all proposed stages and/or
units of development. Within ten (10) days
after the last public hearing on such plan,
the planning commission shall prepare and
transmit to the board of commissioners and
2520
e
ZONING REGULATIONS
~ 42-405
.
to the developer specific findings of fact
with respect to the extent to which the
preliminary development plan complies
with the standards set out in this section,
together with its recommendations to the
board of commissioners with respect to
the action to be taken on the preliminary
development plan. The commission may
recommend disapproval, approval, or ap-
proval with amendments, conditions or
restrictions. Copies of the findings and
recommendations of the planning commis-
sion shall be made available to any other
interested persons.
(2) Action by the board of commissioners. The
board of commissioners shall approve or
disapprove the preliminary development
plan within twenty-one (21) days after it
receives the findings and recommenda-
tions of the planning commission thereon.
If the preliminary development plan is
disapproved, the developer shall be fur-
nished with a written statement of the
reasons for disapproval of the plan. If the
preliminary development plan is to be
approved, the board of commissioners shall,
after receiving from the developer any
acceptance required by subsection (b)(3)
of this section, adopt an ordinance approv-
ing the preliminary development plan,
and establishing a planned development
district for the parcel or tract of land
included in the preliminary development
plan.
(3) Restrictions and conditions. The board of
commissioners may alter the preliminary
development plan, and impose such re-
strictions and conditions on the planned
development as it may deem necessary to
insure that the development will be in
harmony with the general purpose and
intent of this chapter and with the com-
prehensive plan of the city. When the
board of commissioners alters the prelim-
inary development plan, or imposes any
restrictions or conditions on such plan,
the developer shall have fifteen (15) days
within which to file an acceptance of such
alterations, restrictions or conditions with
e
.
e
Supp. No. 13
the board of commissioners. When an
acceptance is required by this section, no
ordinance approving a preliminary devel-
opment plan and establishing a planned
development district shall be adopted un-
til such acceptance has been filed with the
planning commission.
(4) Form of ordinance. An ordinance approv-
ing a planned development and establish-
ing a planned development district shall
specify the zoning regulations and restric-
tions that will, pursuant, to the develop-
ment plan, apply in the planned develop-
ment district and shall describe the
boundaries of such district or set such
boundaries out on a map that is incorpo-
rated and published as a part of such
ordinance. Such ordinance shall also spec-
ify the conditions and restrictions that
have been imposed by the board of com-
missioners on the planned development,
and the extent to which the otherwise
applicable district regulations have been
varied or modified. When the planning
commission has designated divisible geo-
graphic areas that may be developed as a
planned development, the ordinance shall
authorize the planning commission to mod-
ify the schedule of development to the
extent set out in section 42-403(a)(7).
(Code 1966, ~ 36-703; Ord. No. 87-9204, ~ 1,
9-28-87)
Sec. 42-405. Status of preliminary develop-
ment plan after approval.
(a) Within seven (7) days after the adoption of
an ordinance approving a preliminary develop-
ment plan and establishing a planned develop-
ment district such ordinance shall be certified by
the city clerk and shall be filed in the office of the
zoning administrator. A certified copy shall be
mailed to the developer. When approval of a
preliminary plan has been granted, the same
shall be noted on the zoning map maintained in
the office of the zoning administrator.
(b) Preliminary approval of a development
plan shall not qualify said plan for recording. A
development plan which has been given prelimi-
2520. J
-- ----~
~ 42-405
SALINA CODE
nary approval as submitted or which has been
given preliminary approval with alterations, con-
ditions and restrictions, which have been ac-
cepted by the developer (and provided that the
developer has not defaulted or violated any of the
conditions of the preliminary approval), shall not
be modified or revoked or otherwise impaired by
action of the city pending an application or appli-
cations for approval of a final development plan
without the consent of the developer, provided an
application for final approval is filed, or in the
case of staged developments, provided applica-
tions are filed within the time or times specified
in the ordinance granting approval of the prelim-
inary plan. If no time is specified in such ordi-
nance, then an application for approval of a final
development plan, or all stages thereof, shall be
filed within three (3) years.
(c) In the event a development plan is given
preliminary approval and thereafter, but prior to
approval of a final development plan, the devel-
oper shall:
(1) Choose to abandon the plan, he shall so
notify the planning commission in writ-
ing; or
(2) Fail to file an application, or applications,
for approval of a final plan within the
required time period, the preliminary plan
shall be deemed to be revoked.
(d) When a preliminary plan is revoked, all
that portion of the preliminary plan for which
final approval has not been given shall be subject
to those provisions of the zoning regulations and
other local ordinances, that were applicable thereto
immediately prior to the approval of the prelimi-
nary plan, as they may be amended from time to
time. The board of commissioners shall forthwith
adopt an ordinance repealing the planned devel-
opment district for that portion of the develop-
ment that has not received final approval and
reestablishing the zoning and other regulatory
provisions that would otherwise be applicable.
When a preliminary development plan is revoked,
such revocation shall be noted on the zoning map
in the office of the zoning administrator and in
the records of the city clerk.
(Code 1966, ~ 36-704)
Supp. No. 13
Sec. 42-406. Application for approval of fi-
nal development plan.
(a) An application for approval of a final devel-
opment plan may be filed for all the land included
in an approved planned development district or in
phases for an individual tract or tracts within the
district. A complete application and required ap-
plication fees shall be submitted by the developer
within the time frame specified in section 42-
205(b).
(b) The applicant shall submit four (4) copies
of all drawings and two (2) copies of all supporting
written documents constituting the final develop-
ment plan application. The application shall in-
clude:
(1) A final plat or boundary survey showing
the location and dimensions of existing
and/or proposed lots and blocks, rights-of-
way, easements and common areas as
well as the acreage of the tract;
(2) A detailed site plan showing the location,
dimensions and proposed building set-
backs of all principal structures, the loca-
tion and dimensions of all existing and
proposed curb cuts, driveways and aisles,
public and private streets, off-street park-
ing and loading areas, sidewalks, drain-
age ways and detention areas;
(3) Preliminary building plans, including ex-
terior elevations;
(4) The location, height and material of screen-
ing walls and fences and the location of
outdoor trash storage facilities;
(5) Proposed landscaping plans, including the
location and planting schedule of all pe-
rimeter and interior landscaping and not-
ing any trees or vegetation to be removed;
(6) Proposed lighting and signage plans;
(7) The location of existing and proposed util-
ities (water mains, sanitary sewers, storm
sewers) in and adjacent to the property;
(8) The paving width and type of surfacing
proposed for any private streets;
(9) The proposed topography or grading plan
for the area at a contour interval of not
more than two (2) feet;
2520.2
e
ZONING REGULATIONS
~ 42-406
.
(10) Proof of the establishment of an associa-
tion or entity to own, manage and main-
tain the common open space, recreation
areas and facilities, private streets and
any other area within the development
that is to be retained for the exclusive use
and benefit of the residents, lessees and
owners;
(11) Copies of all restrictions or covenants that
are to be applied to the development area;
(12) Any other information the planning direc-
tor or planning commission may require
in order to give full and complete consid-
eration to the final development plan.
(c) A public hearing by the planning commis-
sion on an application for approval of a final
development plan, or area thereof, shall not be
required provided the final plan is in substantial
compliance with the approved preliminary devel-
opment plan, or area thereof. A final development
plan shall be deemed to be in substantial compli-
ance with the approved preliminary plan, pro-
vided no substantial modifications are proposed
by the developer. Substantial modifications shall
include:
(1) Additions to land uses from those ap-
proved with the PDD ordinance;
(2) An increase in the net residential density
of more than ten (10) percent;
(3) An increase in floor area or lot coverage of
more than ten (10) percent;
(4) A reduction of open space by more than
ten (10) percent or a substantial reloca-
tion of open space that would change the
character of the development;
(5) A substantial change to the elevation of
the site, grading plan or drainage plan;
(6) Changes to street locations or the traffic
circulation plan;
(7) Deletions or changes to any restrictions,
conditions, or limitations that were in-
cluded in the approved preliminary devel-
opment plan or the PDD ordinance.
If the final development plan is not in substan-
tial compliance with the preliminary plan, the
e
.
e
Supp. No. 13
planning director shall, within twenty-one (21)
days of the date the application for approval of the
final plan is filed, so notify the developer in
writing, setting out the particular ways in which
the final plan is not in substantial compliance
with the preliminary plan. The developer may
make such changes in the final plan as are
necessary to bring it into compliance with the
preliminary plan, or he may file a written request
that the planning commission hold a public hear-
ing on his application for final approval. If the
developer shall fail to take either of these alter-
nate actions within sixty (60) days, he shall be
deemed to have abandoned the plan. If such
public hearing shall be held, notice thereof shall
be given, and the hearing shall be conducted in
the manner prescribed in section 42-24. Within
fourteen (14) days after the conclusion of the
public hearing, the planning commission shall
either approve or deny the final plan. Said action
shall be in the form and contain the findings
required for a recommendation on a preliminary
development plan.
(d) In the event a public hearing is not re-
quired and a complete application for final ap-
proval has been filed, the planning commission
shall, within forty-five (45) days of such filing,
grant such plan final approval. Provided however,
that in the event a final plan is filed that meets
the standards for substantial compliance but con-
tains modifications or variations from the ap-
proved preliminary plan which are judged by the
planning commission not to be in the public
interest, the planning commission may, after dis-
cussing recommended revisions with the appli-
cant, refuse to grant final approval. If the appli-
cant does not agree to the revisions suggested by
the planning commission or otherwise declines to
revise the plan as submitted, the planning com-
mission may deny approval of the plan and return
it to the applicant with a written notice setting
forth the reasons why one (1) or more modifica-
tions are not in the public interest. Such notice
shall be mailed within fourteen (14) days of the
decision to deny the final development plan. Mod-
ifications or variations that might justify denial
would be any change or modification that may
affect the character or quality of the development
or affect the compatibility with nearby properties.
2521
~ 42-406
SALINA CODE
Such changes might involve, but are not limited
to, the following: the architectural design of build-
ings and structures, exterior building materials,
the orientation of a building, landscaping and
screening, signage, lighting, parking, setbacks or
the deletion of buildings, structures. or common
use amenities.
Following the denial of a final development
plan by the planning commission, the applicant
may choose to revise the plan in accordance with
the recommendations of the planning commission
and resubmit it for approval, or may within thirty
(30) days of receipt of notice of denial, choose to
appeal the decision of the planning commission to
the governing body for final decision.
(e) Following approval of a final development
plan by the planning commission or approval on
appeal by the governing body, all required signa-
tures shall be affixed to the final development
plan. The approved final development plan and
all other final plan documents shall be filed in the
zoning administrator's office. All applicable cove-
nants and owners association documents must be
approved and filed in the register of deeds office
prior to issuance of any building permits.
(0 If a final development plan is approved and
thereafter the developer shall abandon part or all
of said development plan and shall notify the
planning commission in writing, then no further
development shall take place and the governing
body shall adopt an ordinance repealing the
planned development district ordinance and re-
zoning the property back to the zoning district
classification which existed just prior to the ap-
plication for a planned development district. The
property owner may make application for rezon-
ing to some other zoning district classification
and the planning commission shall consider the
application in the same manner as for any appli-
cation for rezoning.
If the developer fails to commence the co~truc-
tion of an approved final development plan within
18 months of the approval date and has not
applied for an extension of the above time limits,
the planning commission shall revoke its ap-
proval of the final plan and shall so notify the
developer in writing. If, within thirty (30) days of
receipt of the notice of such revocation, the devel-
Supp. No. 13
oper does not present to the planning commission
an application for reinstatement of the final de-
velopment plan, the planning commission shall
consider that the plan in question has been aban-
doned and the governing body shall adopt an
ordinance repealing the planned development dis-
trict ordinance and rezoning the subject property
back to its former zoning classification.
(Code 1966, ~ 36-705; Ord. No. 97-9835, ~ 1,
11-10-97)
Sec. 42-407. Amendments.
A planned development district ordinance or
an approved preliminary or final development
plan may be amended by the board of commission-
ers, but only after a public hearing has been held
pursuant to notice by section 42-24(b) and find-
ings of fact and recommendations have been pre-
pared by the planning commission and transmit-
ted to the board of commissioners in the manner
required by section 42-404(b)(I). Nothing in this
section shall be construed as requiring a public
hearing in the case of minor alterations. The
determination of the need for a public hearing
shall be at the discretion of the zoning adminis-
trator.
(Code 1966, ~ 36-706)
Sec.42-408.ReconUn~
Upon approval of the final development plan by
the planning commission, the same, together with
the final subdivision plat shall be recorded with
the register of deeds in the manner prescribed in
the subdivision regulations.
(Code 1966, ~ 36-707)
DMSION 2. REZONING TO A PLANNED
COMMERCIAL DISTRICT
Sec. 42-409. Purpose.
If an applicant for rezoning to a commercial
district has a specific development proposal and
wishes to present it as such or if the planning
commission believes that submittal of a site de-
velopment plan is needed to ensure that the
development will be compatible with surrounding
neighborhoods, then the applicant may file an
application for rezoning to a planned commercial
2522
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ZONING REGULATIONS
~ 42-411
.
district. The rezoning of land in Salina to one (1)
of the planned commercial districts shall be for
the propose of encouraging and requiring orderly
commercial development of a quality generally
equal to that of the standard commercial districts
but permitting deviations from the underlying
district regulations. The use of planned zoning
procedures is intended to encourage efficient de-
velopment of relatively small, separate tracts of
land under one (1) ownership, and innovative and
imaginative site planning which will minimize
detrimental effects on the surrounding neighbor-
hood. Such procedures are authorized by Kansas
Statutes Annotated, 12-725 through 12-733.
(Ord. No. 87-9201, ~ 1,9-21-87)
e
Sec. 42-410. Standards of development.
(a) A proposal to rezone land to a planned
commercial district shall be subject to the same
criteria relative to neighborhood compatibility,
conformance to the comprehensive plan, ade-
quacy of streets and utilities and other land use
policies normally utilized in making zoning deci-
sions in Salina.
(b) The submittal by the developer and the
approval by the city of site development plans
represents a firm commitment that actual devel-
opment will follow the approved site development
plan in architectural concept, intensity of use,
landscaping and screening and quantity of open
space.
(c) Commercial and office buildings should be
planned and developed so as to avoid strip devel-
opment patterns along thoroughfares. Control of
vehicular access, architectural style, landscaping
and signage will be exercised to soften the impact
on nearby residential neighborhoods, and to min-
imize adverse effects on the adjacent street sys-
tem.
.
(d) The permitted uses in planned commercial
districts shall be the same as those permitted in
the equivalent standard zoning districts, provided
that limitations on the uses permitted may be
imposed by the planning commission and the
board of commissioners when it is deemed neces-
sary to protect the interest of neighboring prop-
erty owners.
e
Supp. No. 13
(e) The maximum height of buildings and struc-
tures, setback and bulk of buildings, amount oflot
coverage, paring requirements, screening, light-
ing and other performance standards shall be
generally equal to those required in the equiva-
lent standard zoning district; however, deviations
from these requirements may be approved if it is
deemed that other features and amenities will be
gained. In addition, conditions and restrictions
may be imposed on the plan to ensure that more
appropriate development is produced and adverse
impacts are avoided.
(Ord. No. 87-9201, ~ 1,9-21-87)
Sec. 42-411. Rezoning property for planned
commercial development.
Application for rezoning property to a planned
commercial district shall consist of a standard
application for a zoning map amendment as set
forth in section 42-23. The applicant shall specif-
ically state what zoning classification is being
requested (PC-I, PC-2, PC-3, PC-4, PC-5 or PC-6),
provide a list of proposed uses and list any devi-
ations from the bulk and use limitations that are
being requested. The applicant shall also submit
a site development plan for purposes of depicting
the character and scale of the proposed project.
The same procedures as set forth in article II for
2523
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ZONING REGULATIONS
~ 42-413
.
the adoption of an original zoning ordinance or
amendment thereto shall be followed by the plan-
ning commission and board of commissioners in
the establishment of a planned commercial dis-
trict.
(Ord. No. 87-9201, ~ 1, 9-21-87)
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Sec. 42-412. Content of site development
plan.
A site development plan shall be prepared by a
registered architect, engineer or surveyor at a
scale of one inch equals fifty (50) feet, or one inch
equals one hundred (100) feet on a tract of land
containing five (5) acres or more, for any proposed
development on property proposed for rezoning.
The development plan shall include all the follow-
ing:
(1) Proposed name of the development;
(2) Location by legal description;
(3) Names, addresses and telephone num-
bers of applicant and designer of plans;
(4) Date, North Arrow, Scale of Plan (one inch
to fifty (50) feet or one inch to one hun-
dred (100 feet);
(5) Contours at two (2) foot intervals. Any
area subject to one-hundred-year flooding
shall be indicated;
(6) The boundary lines of the area included in
the site plan, including angles, dimen-
sions and reference to a section corner,
quarter corner or point on a recorded plat;
(7) Existing sewers, water mains, culverts
and other underground facilities within
the tract, indicating pipe sizes, grades,
manholes and location;
(8) Location, arrangement and dimensions of
proposed buildings and structures, to-
gether with related parking and loading
areas, entrances, exits, vehicular drives,
walkways, screening, drainage handling,
public streets, and any existing ease-
ments;
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(9) A schedule indicating total floor area,
land area, parking spaces, total estimated
Supp. No. 15
employment on site, building site cover-
age and any other quantities needed to
determine compliance with this article;
(10) Preliminary sketches of building eleva-
tions depicting the general style, size and
exterior construction materials of the build-
ings proposed;
(11) Location, height and type of walls and
fences, lighting, signage, and landscape
material.
(Ord. No. 87-9201, ~ 1, 9-21-87)
Sec. 42-413. Review procedures for site de-
velopment plans.
(a) The city staff shall review the site develop-
ment plan to determine compliance with city
ordinances, regulations and policies.
(b) A site development plan submitted with a
rezoning application shall be scheduled for the
planning commission's consideration and public
review at the same public hearing as the rezoning
application is to be considered.
(c) The planning commission shall review the
plan to determine ifit demonstrates a satisfactory
quality of design and compatibility with other
uses and structures in the neighborhood.
(d) The planning commission shall prepare
and transmit to the board of commissioners and
to the developer its findings with respect to the
extent to which the site development plan com-
plies with the standards set out in this section
together with its recommendation to the board of
commissioners with respect to the action to be
taken on the site development plan. The planning
commission shall either:
(1) Recommend approval or disapproval of
the plan as submitted; or
(2) Recommend approval of the plan subject
to certain revisions or conditions; or
(3) Recommend that the plan be resubmitted
to the planning commission after substan-
tial revisions to the plan are made.
(Ord. No. 87-9201, ~ 1, 9-21-87)
2524.1
~ 42-414
SALINA CODE
Sec. 42-414. Form of ordinance.
An ordinance establishing a planned commer-
cial district shall specify the zoning regulations
that will apply within the planned commercial
district and shall describe the boundaries of such
district. Such ordinance shall also specify the
conditions and restrictions that have been im-
posed by the board of commissioners on the planned
commercial development, and the extent to which
the otherwise applicable district regulations have
been varied and modified.
(Ord. No. 87-9201, ~ 1, 9-21-87)
Sec. 42-415. Status of site development plan
after approval.
(a) No change of zone to a planned commercial
district shall take effect until a site development
plan containing all required revisions is approved
by the board of commissioners. A copy of the
approved site development plan shall be filed in
the office of the zoning administrator and noted
on the official zoning map prior to the issuance of
any building permits. The approved site plan
shall be incorporated by reference In the ordi-
nance creating a planned commercial district.
(b) Approved development plans shall become
null and void eighteen (18) months from the date
of approval if a building permit has not been
issued during that time period. However, upon
written request from the property owner or au-
thorized agent, the board of commissioners may
grant an extension of the time limit for a specified
length of time not to exceed one additional year.
(c) If the applicant fails to obtain a building
permit within the valid time limit, the site devel-
opment plan shall be deemed to be revoked and
the subject property shall automatically revert to
its former zoning classification.
(Ord. No. 87-9201, ~ 1, 9-21-87)
Sec. 42-416. Recording of approval.
After rezoning to a planned commercial district
has been approved, the landowner shall file or
record with the register of deeds a statement that
a plan for the area has been approved, that such
plan is applicable to certain specified legally de-
scribed land, and that copies of said plan are
Supp. No. 15
available in the office of the zoning administrator.
The statement shall specify the area covered by
the plan, the proposed density or intensity ofland
uses and other pertinent information sufficient to
notify any prospective purchasers or users ofland
of the existence of such a plan. The recorded
statement shall specify that the site development
plan shall become binding upon all successors and
assigns unless it is formally amended or expires
for failure to obtain building permits.
(Ord. No. 87-9201, ~ 1,9-21-87)
Sec. 42-417. Amendments.
A planned commercial district ordinance or an
approved site development plan may be amended
by the board of commissioners, but only after a
public hearing has been held pursuant to notice
by section 42-24 and findings of fact and recom-
mendations have been prepared by the planning
commission and transmitted to the board of com-
missioners for final action as required for original
approval. Nothing in this section shall be con-
strued as requiring a public hearing in the case of
minor alterations. The determination of the need
for a public hearing shall be at the discretion of
the zoning administrator.
(Ord. No. 87-9201, ~ 1,9-21-87)
DIVISION 3. CORRIDOR OVERLAY
DISTRICTS
Sec. 42-418. South Ninth Street Corridor
Overlay District.
The South Ninth Street Corridor Overlay (CO)
District is designed to achieve a high-quality,
planned mixed-use development pattern along
South Ninth Street. Predominant uses shall con-
sist of low to moderate intensity service commer-
cial businesses. Secondary uses may consist of
ancillary support facilities and limited retail ac-
tivities. Businesses within the district shall not
create incompatible land use relationships, heavy
traffic loads or other adverse impacts to surround-
ing areas. The district is intended to be applied to
areas designated by the South Ninth Street Cor-
2524.2
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ZONING REGULATIONS
~ 42-418.3
.
ridor Study. All uses and activities shall be sub-
ject to the regulations of the underlying zoning
district unless otherwise specified herein.
(Ord. No. 99-9949, * 1, 10-11-99)
Sec. 42-418.1. Permitted uses.
Pennitted uses in the CO District shall be as
follows:
(1) Automobile sales and service.
(2) Automobile service and accessory stores.
(3) Boat and RV sales and service.
(4) Furniture showrooms.
(5) Research and development facilities.
(6) Truck sales and service.
(Ord. No. 99-9949, * 1, 10-11-99)
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Sec. 42-418.2. Conditional uses.
The following uses may be permitted in the CO
District if reviewed and approved in accordance
with the provisions of sec. 42-597.2 of this chapter
and following an evaluation of the projected amount
of traffic to be generated by the proposed use,
square footage of proposed buildings, and compat-
ibility of proposed use with nearby land uses:
(1) Agricultural implement sales and service.
(2) Business and professional offices.
(3) Convenience gasoline and food stores.
(4) Duplicating and mailing services.
(5) Express package facilities.
(6) Farm and ranch supply stores.
(7) Gasoline service stations with car wash.
(8) Garden centers and nurseries.
(9) Group day care centers.
(10) Hotels and motels.
(11) Physical fitness centers.
(12) Public utilities.
(13) Restaurants.
(14) Travel agencies.
(15) Warehouses and wholesale houses.
(Ord. No. 99-9949, ~ 1, 10-11-99)
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Supp. No. 15
Sec. 42-418.3. Property development regula-
tions.
Each site shall be subject to the following
property development regulations:
(1) Planned development zoning. All applica-
tions for rezoning shall be for Planned
Development District (PDD) or Planned
Commercial (PC) zoning.
(2) Minimum lot size. All uses must be lo-
cated on a parcel having a minimum lot
size of one (1) acre.
(3) Paved areas. All access drives, parking
areas and sidewalks shall be paved with
asphalt or concrete.
(4) Landscaping. All sites shall be land-
scaped in accordance with the provisions
of sec. 42-65 of this chapter.
(5) Signage. No signs shall exceed thirty (30)
feet in height. No mobile or ground an-
chored banner signs shall be permitted.
No off site advertising signs shall be per-
mitted on a site more than one hundred
(100) feet east ofl-135.
(6) Driveways. Access drives must be located
a minimum of one hundred (100) feet from
public streets, fifty (50) feet from other
access drives, and twenty-five (25) feet
from interior property lines unless shared
access is provided.
(7) Outdoor storage. All materials, supplies,
and equipment (not displayed for sale)
shall be stored in an enclosed building or
located in the side or rear yard and
screened from visibility from adjacent
streets.
(8) Exterior lighting. Exterior lighting fix-
tures shall be aimed or shaded so that no
direct light is cast towards any street
traffic.
(9) Architectural design. All development shall
demonstrate a high quality visual appear-
ance from the street. The architectural
design of buildings, site improvements
and landscaping shall appear integrated
and coordinated. The main entrances to
primary buildings shall face Ninth Street
2524.2.1
~ 42-418.3
SALINA CODE
or Water Well Road. All primary buildings
shall have an attractive exterior finish
and no precast concrete or metal panels
shall face Ninth Street or Water Well
Road unless the overall design presents a
compatible appearance.
(Ord. No. 99-9949, ~ 1, 10-11-99)
Sec. 42-418.4. Effective area.
The provisions of the CO District shall apply to
that area bounded by a line one-quarter (1/4) mile
south of the centerline of Schilling Road on the
north, a line three hundred (300) feet east of the
centerline of Ninth Street on the east, a line
one-quarter (1/4) mile south of the centerline of
Water Well Road on the south, and Interstate 135
on the west. Provided however, the uses permit-
ted in the area east of Ninth Street shall be
governed by the underlying zoning district except
that no retail commercial uses shall be permitted
therein unless specifically approved as a condi-
tional use.
(Ord. No. 99-9949, ~ 1, 10-11-99)
Sees. 42-419-42-425. Reserved.
ARTICLE VIII FLOOD PLAIN ZONING
DISTRICT*
DIVISION 1. STATUTORY AUTHORIZATION,
FINDINGS OF FACT AND PURPOSES
Sec. 42-426. Statutory authorization.
The Legislature of the State of Kansas has in
K.S.A. 12-705, 12-707, 12-710, 12-734 and 12-735
delegated the responsibility to local governmental
units to adopt zoning regulations designed to
protect the public health, safety and general wel-
fare.
(Ord. No. 86-9119, ~ 1, 2-3-86)
*Editor's note-Ord. No. 86-9119, ~ 6, adopted February
3, 1986, repealed Art. VIII, ~~ 42-426-42-439, in its entirety,
and ~ 6 ofthe same ordinance enacted new provisions included
herein as ~~ 42-426-42-449. Former ~~ 42-426-42-439, de-
rived from the Code of 1966, ~~ 36-800-36-813.
Cross reference--Flood prevention and control, Ch. 15.
State law reference--Floodplain regulation, KS.A. 12-
734 et seq.
Supp. No. 15
2524.2.2
e
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ZONING REGULATIONS
~ 42-428
Sec. 42-427. Findings of fact.
(a) Flood losses resulting from periodic inunda-
tion. The flood hazard areas of the City of Salina,
Kansas, are subject to inundation which may reo
suIt in loss of life and property, health and safety
hazards, disruption of commerce and governmen-
tal services, extraordinary public expenditures for
flood protection and relief, and impairment of the
tax base, all of which adversely affect the public
health, safety and general welfare.
(b) General causes of these flood losses. These
flood losses are caused by:
(1) The cumulative effect of obstruction in flood.
ways causing increases in flood heights and
velocities; and
(2) The occupancy of flood hazard areas by uses
vulnerable to floods or hazardous to others
which are inadequately elevated or otherwise
unprotected from flood damages.
(c) Methods used to analyze flood hazards. This
article uses a reasonable method of analyzing flood
hazards which consists of a series of interrelated
steps.
(1) Selection of a base flood which is based upon
engineering calculations which permit a con-
sideration of such flood factors as its expected
frequency of occurrence, the area inundated,
and the depth of inundation. The base flood
selected for this ordinance is representative
of large floods which are reasonably charac-
teristic of what can be expected to occur on
the particular streams subject to this ordi-
nance. It is in the general order of a flood
which could be expected to have a one per-
cent chance of occurrence in anyone year, as
delineated on the Federal Emergency Man-
agement Agency's Flood Insurance Study, and
illustrative materials dated February 5, 1986,
as amended, and any future changes thereto.
(2) Calculation of water surface profiles based
upon an hydraulic engineering analysis of
the capacity of the stream channel and over-
bank areas to convey the base flood.
(3) Computation of the floodway required to con-
vey this flood without increasing flood heights
more than one foot at any point.
Supp. No.6
(4) Delineation of floodway encroachment lines
within which no obstruction is permitted which
would cause any increase in flood height.
(5) Delineation of floodway fringe, i.e., that area
outside the floodway encroachment lines but
which still is subject to inundation by the
base flood. (Ord. No. 86-9119, ~ 1,2-3-86)
Sec. 42-428. Statement of purpose.
It is the purpose of this article to promote and
protect the public health, safety and general wel-
2524.3
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ZONING REGULATIONS
~ 42-431
fare and to minimize those losses described in
section 42-427(a) by applying the provisions of
this article to:
(a) Restrict or prohibit uses which are danger-
ous to health, safety, or property in times of
flooding or cause undue increases in flood
heights or velocities.
(b) Require that uses vulnerable to floods, includ-
ing public facilities which serve such uses, be
provided with flood protection at the time of
initial construction.
(c) Protect individuals from buying lands which
are unsuited for certain purposes because of
flood hazard.
(d) Assure that eligibility is maintained for prop-.
erty owners in the community to purchase
flood insurance in the national flood insur-
ance program. (Ord. No. 86-9119, ~ 1,2-3-86)
DIVISION 2. GENERAL PROVISIONS
Sec. 42429. Lands to which the article applies.
(a) The Flood Insurance Study of the City of Sa-
lina, Kansas (effective date: February 5, 1986),
including the flood boundary and floodway
map (floodway map) and the flood insurance
rate map (FIRM) issued by the federal emer-
gency management agency is hereby adopted
and incorporated by reference for the purpose
of identifying all lands within the jurisdic-
tion of the City of Salina, Kansas, to which
this article shall apply. No fewer than three
(3) copies of the flood insurance study adopted
above have been filed in both the office of the
city clerk and the office of the zoning admin-
istrator and are available for examination by
the public during normal office hours.
(b) This article shall apply to all lands within
the jurisdiction of the City of Salina, Kansas,
. identified on the flood insurance rate map
(FIRM) as numbered and unnumbered A zones
(including the AH zone) and within the zon-
ing districts FW and FF established in divi-
sion 4 of this article. In all areas covered by
this article, no development shall be permit-
Supp. No.4
ted except upon issuance of a permit to de-
velop granted by the City of Salina or its
duly designated representative under such
safeguards and restrictions as the City of Sa-
lina or the designated representative may rea-
sonably impose for the promotion and main-
tenance of the general welfare, health and
safety of the inhabitants of the community
and where specifically noted in divisions 5, 6
and 7. ( Ord. No. 86-9119, ~ 1,2-3-86)
Sec. 42-430. Rules for interpretation of district
boundaries.
(a) The boundaries of the floodway (FW) and
floodway fringe (FF) overlay districts shall be de-
termined by scaling distances on the official zon-
ing map or on the flood insurance rate map or
floodway map. Where interpretation is needed to
determine the exact location of the boundaries of
the districts as shown on the official zoning map,
as for example where there appears to be a con-
flict between a mapped boundary and actual field
conditions, the zoning administrator shall make
the necessary interpretation. In such cases where
the interpretation is contested, the board of zon-
ing appeals will resolve the dispute. The base
flood elevation for the point in question shall be
the governing factor in locating the district bound-
ary on the land. The person contesting the loca-
tion of the district boundary shall be given a rea-
sonable opportunity to present his case to the
board and to submit his own technical evidence,
if he so desires.
(b) Any flood plain district designated on the
official zoning map pursuant to prior ordinance
shall be lifted from the official zoning map and
shall be of no further force or effect. (Ord. No.
86-9119, ~ 1, 2-3-86)
Sec. 42-431. Compliance.
No development located within known flood haz-
ard areas of this community shall be located, ex-
tended, converted or structurally altered without
full compliance with the terms of this article and
other applicable regulations. (Ord. No. 86-9119, ~
1, 2-3-86)
2525
~ 42-432
SALINA CODE
Sec. 42-432. Warning and disclaimer of liability .
The degree of flood protection required by this
article is considered reasonable for regulatory pur-
poses and is based on engineering and scientific
methods of study. Larger floods may occur on
rare occasions or the flood height may be increased
by man-made or natural causes, such as ice jams
and bridge openings restricted by debris. This
article does not imply that areas outside f!oodway
and flood way fringe district boundaries or land
uses permitted within such districts will be free
from flooding or flood damages. This article shall
not create liability on the part of the City of Sali-
na, Kansas or any officer or employee thereof for
any flood damages that may result from reliance
on this article or any administrative decision law-
fully made thereunder. (Ord. No. 86-9119, ~ 1,
2-3-86)
Sec. 42-433. Appeal.
Where a request for a permit to develop is de-
nied by the zoning administrator the applicant
may appeal such denial for such permit directly
to the board of zoning appeals. (Ord. No. 86-9119,
~ 1, 2-3-86)
DIVISION 3. DEVELOPMENT PERMIT
Sec. 42-434. Permit required.
No person, firm or corporation shall initiate
any development or substantial improvement or
cause the same to be done without first obtaining
a separate permit for development as defined in
article XIV. (Ord. No. 86-9119, ~ 1, 2-3-86)
Sec. 42-435. Administration.
(a) The zoning administrator is hereby appointed
to administer and implement the provisions of
this article
(b) Duties of the zoning administrator shall in-
clude, but not be limited to:
(1) Review of all development permits to assure
that sites are reasonably safe from flooding
and that the permit requirements of this ar-
ticle have been satisfied.
Supp. No.4
(2) Review of permits for proposed development
to assure that all necessary permits have been
obtained from those federal, state or local
governmental agencies from which prior ap-
proval is required.
(3) Notification of adjacent communities and the
Division of Water Resources, Kansas State
Board of Agriculture prior to any alteration
or relocation of a watercourse, and evidence
shall be submitted of such notification to the
federal emergency management agency.
(4) Assurance that maintenance is provided within
the altered or relocated portion of said water-
course so that the flood-carrying capacity is
not diminished.
(5) Verification, recording and maintenance of
records of the actual elevation (in relation to
mean sea level) of the lowest floor (including
basement) of all new or substantially improved
structures.
(6) Verification, recording and maintenance of
records of the actual elevation (in relation to
mean" sea level) to which the new or substan-
tially improved structures have been flood-
proofed.
(7) Obtaining certification from a registered pro-
fessional engineer or architect when floodproof-
ing is utilized for a particular structure. (Ord.
No. 86-9119, ~ 1, 2-3-86)
Sec. 42-436. Application for permit.
To obtain a permit, the applicant shall first file
an application in writing on a form furnished for
that purpose. Every such application shall:
(a) Identify and describe the work to be covered
by the permit.
(b) Describe the land on which the proposed work
is to be done by lot, block, tract and house
and street address, or similar description that
will readily identify and definitely locate the
proposed building or work.
(c) Indicate the use of occupancy for which the
proposed work is intended.
(d) Be accompanied by plans and specifications
for proposed construction.
2526
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ZONING REGULATIONS
G 42-440
(e) Be signed by the permittee or his authorized
agent who may be required to submit evi-
dence to indicate such authority.
(0 Give such other infonnation as reasonably
may be required by the zoning administrator.
(Ord. No. 86-9119, ~ 1, 2-3-86)
DIVISION 4. ESTABLISHMENT OF ZONING
DISTRICTS
Sec. 42.437. Establishment of zoning dis-
tricts.
The mapped flood plain areas within the juris-
diction of this article are hereby divided ipto the
two (2) following districts: A floodway overlay dis-
trict (FW) and a floodway fringe overlay district
(FF) identified in the flood insurance study (and
accompanying maps(s)). Within these districts all
uses not meeting the standards of this article and
those standards of the underlying zoning district
shall be prohibited. These zones shall be consis-
tent with the numbered and unnumbered A zones
(including the AH zone) as identified on the offi-
cial FIRM and identified in the flood insurance
study provided by the federal emergency manage-
ment agency.
(Ord. No. 86-9119, ~ 1, 2.3-86)
DIVISION 5. STANDARDS FOR FLOODWAY
OVERLAY DISTRICT AND THE FLOODWAY
FRINGE OVERLAY DISTRICT
Sec. 42-438. Requirement for permit.
No permit for development shall be granted for
new construction, substantial improvements and
other improvements including the placement of
manufactured homes within all numbered and un-
numbered A zones unless the conditions of this
division are satisfied.
(Ord. No. 86.9119, ~ 1,2.3-86; Ord. No. 87-9184, ~
1, 5-11-87)
Sec. 42.439. Special provisions for unnum-
bered A zones.
All areas identified as unnumbered A zones on
the FIRM are subject to inundation of the one
hundred-year flood; however, the water surface
elevation was not provided. The unnumbered A
Supp. No. 10
zones shall be subject to all development provi.
sions of this article. If flood insurance study data
is not available, the community shall obtain, re-
view, and reasonably utilize any base flood eleva-
tion and floodway data available from a federal,
state or other source as criteria for reviewing new
construction, substantial improvements, or other
development in Zone A in order to administer the
provisions of division 4 through division 7 of this
article.
(Ord. No. 86.9119, ~ 1, 2-3-86; Ord. No. 87.9184, ~
2, 5-11.87)
Sec. 42-440. Development standards.
New construction, subdivision proposals, sub.
stantial improvements, prefabricated buildings,
placement of manufactured homes and other de-
velopment shall required:
(a) Design or anchorage to prevent flotation,
collapse or lateral movement due to
flooding;
(b) New or replacement water supply systems
and/or sanitary sewage systems be designed
to minimize or eliminate infIltration of flood
waters into the systems and discharges from
the systems into flood waters, and on.site
waste disposal systems be located so as to
avoid impairment or contamination:
(c) New development and substantial improve-
ments to:
(1) Use construction materials and utility
equipment that are resistant to flood
damage; and
(2) Use construction methods and practices
that will minimize flood damage, con.
sistent with economic practicability.
(d) Electrical, heating, ventilation, plumbing,
and air-conditioning equipment and other
service facilities be designed and/or located
so as to prevent water from entering or ac-
cumulating within components during con-
ditions of flooding.
(e) All utility and sanitary facilities be ele-
vated to up to the base flood protection el.
evation or floodproofed to one foot above
the base flood elevation;
2527
A 42-440
SALINA CODE
(f) That until a floodway has been designated,
where appropriate, no development, in-
cluding landrlll, may be permitted within
Zones Al-30 on the city's FIRM unless the
applicant for the land use has demonstrated
that the proposed use, when combined with
all other existing and reasonably antici-
pated uses, will not increase the water sur-
face elevation of the one hundred-year flood
more than one foot on the average cross
section of the reach in which the develop-
ment or landfill is located as shown on the
flood insurance rate study, incorporated by
reference (section 42-427(c) of this article);
(g) Storage of material and equipment:
(1) The storage or processing of materials
that are in time of flooding buoyant,
flammable, explosive, or could be inju-
rious to human, animal or plant life is
prohibited.
(2) Storage of other material or equipment
I ", may be allowed if not subject to major
damage by floods and firmly anchored
to prevent flotation or if readily remov-
able from the area within the time
available after flood warning.
(h) Subdivision proposals and other proposed
new development be required to assure that:
(1) All such proposals are consistent with
the need to minimize flood damage;
(2) All public utilities and facilities, such
as sewer, gas, electrical, and water sys-
tems are located, elevated and con-
structed to minimize or eliminate flood
damage;
(3) Adequate drainage is provided so as to
reduce exposure to flood hazards; and
(4) Proposals for development of five (5)
acres or fifty (50) lots, whichever is
lesser, include within such proposals
the base flood elevation.
(Ord. No. 86-9119, ~ 1, 2-3-86; Ord. No. 87-9185, ~
1, 5-11-87)
Supp. No. 10
DIVISION 6. FLOODWAY FRINGE (FF)
OVERLAY DISTRICT-
Sec. 42-441. Permitted uses.
Any uses permitted in division 7 shall be per-
mitted in the floodway fringe (FF) overlay dis-
trict. No use shall be permitted in the district
unless the standards of divisions 5 and 6 are met.
(Ord. No. 86-9119, ~ I, 2-3-86)
Sec. 42-442. Standards for the fioodway
fringe overlay district.
(a) New construction or substantial improve-
ments of residential structures shall be required
to have the lowest floor, including basement, ele-
vated to or above the base flood elevation (only
within zones Al to A30 or AH on the city's FIRM)
or floodproofed to at least one (1) foot above the
base flood elevation. Any basement area, together
with attendant utilities and sanitary facilities,
below that level shall be designed and constructed
so that the structure is watertight with walls that
are impermeable to the passage of water without
human intervention. Basement walls shall be built
with the capability to resist hydrostatic and hy-
drodynamic loads and the effects of buoyancy re-
sulting from the one-hundred-year frequency flood
and shall be designed so minimal structural
damage will occur if this design is exceeded. The
floodproofed design elevation is the one-hundred-
year base flood elevation plus one (1) foot.
(1) The bottom of the lowest basement open-
ings, such as doors and windows, must be
placed at least one (1) foot above the one-
hundred-year base flood elevation.
(2) The basement floor must not be lower than
five (5) feet below the flood proofed design
elevation.
(3) The land around the entire foundation must
be filled at least to the one-hundred-year
base flood elevation.
(4) Floodproofed basements may not be con-
structed within the floodway.
(5) Basements constructed in accordance with
this regulation shall not be used for sleeping
purposes.
*Editor'. note-Including the AH zone.
2528
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ZONING REGULATIONS
~ 42-442
(6) A registered professional engineer or archi-
tect shall certify that the floodproofing mea-
sures used in the structure satisfy the stan-
dards of the subsection. This certification
shall include the specific elevation (in rela-
tion to mean sea level) to which the struc-
ture is floodproofed.
(7) The zoning administrator shall certify that
the structure has been built in accordance
with this design.
(b) New construction or substantial improve-
ments of nonresidential structures shall be re-
quired to have the lowest floor, including base-
ment, elevated to or above the base flood elevation
or, together with attendant utility and sanitary
facilities, to be floodproofed so that below one (1)
foot above the base flood level the structure is
watertight with walls substantially impermeable
to the passage of water and with structural com-
ponents having the capability of resisting hydro-
static and hydrodynamic loads and the effects of
buoyancy. A registered professional engineer or
architect shall certify that the standards of this
subsection are satisfied. Such certification shall
be provided to the zoning administrator as set forth
in section 42-435(b)(7).
(c) All new construction and substantial im-
provements that have fully enclosed areas below
the lowest floor that are at or below elevations
subject to flooding shall be designed to automati-
cally equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of flood-
waters. Designs for meeting this requirement must
either be certified by a registered professional en-
gineer or architect or must meet or exceed the
following minimum criteria:
(1) A minimum of two (2) openings having a
total net area of not less than one (1) square
inch for every square foot of enclosed area
subject to flooding shall be provided;
(2) The bottom of all openings shall be no
higher than one (1) foot above grade; and
(3) Openings may be equipped with screens,
louvers, or other coverings or devices pro-
vided that they permit the automatic entry
and exit of floodwaters.
Supp. No. 10
(d) Within AH zones adequate drainage paths
around structures on slopes shall be required in
order to guide floodwaters around and away from
proposed structures.
(e) All manufactured homes shall be anchored
to resist flotation, collapse, or lateral movement
by providing over-the-top and frame ties to ground
anchors. Specific requirements shall be that:
(1) Over-the-top ties be provided at each of the
four (4) corners of the manufactured home,
with two (2) additional ties per side at in-
termediate locations and manufactured
homes less than fifty (50) feet long requiring
one (1) additional tie per side;
(2) Frame ties be provided at each comer of
the home with five (5) additional ties per
side at intermediate points and manufac-
tured homes less than fifty (50) feet long
requiring four (4) additional ties per side;
(3) All components of the anchoring system be
capable of carrying a force of four thousand
eight hundred (4,800) pounds; and
(4) Any additions to the manufactured home
be similarly anchored.
(1) All manufactured homes to be placed or sub-
stantially improved within zones Al to A30, AH
and AE on the City of Salina's FIRM shall be
elevated on a permanent foundation such that the
lowest floor of the manufactured home is at or
above the base flood elevation and securely an-
chored to an adequately anchored foundation
system in accordance with the provisions of sec-
tion 42-442(e).
(g) No manufactured home shall be placed in a
floodwayexcept in an existing manufactured home
park or existing manufactured home subdivision.
(h) Detached garages and other accessory build-
ings used exclusively for the storage of motor ve-
hicles, and storage of other items readily remov-
able in the event of a flood warning, may have
their lowest floor below the base flood elevation
provided the structure is designed and constructed
to meet the following requirements:
(1) Use of the structure must be limited to
parking or limited storage and not used for
human habitation.
2529
~ 42-442
(2) The structure must be built using unfm-
ished and flood damage resistant materials.
(3) The structure must be adequately anchored
to prevent flotation, collapse, or lateral
movement which may result in damage to
other structures. This is a mandatory mea-
sure, pursuant to 44 CFR, Section 60.3(a)(3).
It must also meet the Section 60.3(c)(5) open-
ings requirement.
(4) Any mechanical and utility equipment in
the structure must be elevated to one (1)
foot above the base flood elevation or flood-
proofed.
(5) The structure shall be constructed and
placed on the building site so as to offer the
minimum resistance to the flood [flow] of
floodwaters.
(6) The structure shall not exceed seven hun-
dred twenty (720) square feet.
(7) The structure must comply with the
floodway provisions of the community's or-
dinance and address floodplain encroach-
ment provisions at 44 CFR, Section
60.3(c)(10) or (d)(3).
(Ord. No. 86-9119, ~ 1,2-3-86; Ord. No. 86-9133, ~
1, 5-5-86; Ord. No. 86-9145, ~ 1, 7-21-86; Ord. No.
87-9186, ~ 1, 5-11-87; Ord. No. 92-9524, ~ 1,
8-10-92)
DIVISION 7. FLOODWAY (FW)
OVERLAY DISTRICT
Sec. 42-443. Permitted uses.
Only uses having a low flood damage potential
and not obstructing flood flows shall be permitted
within the floodway (FW) district to the extent
that they are not prohibited by any other ordi-
nance and are consistent with the underlying
zoning district. All encroachments, including fill,
new construction, substantial improvements and
other developments shall be prohibited unless ap-
proved as a variance and certification by a regis-
tered professional engineer or architect is pro-
vided demonstrating that encroachments shall not
result in any increase in flood levels in the
floodway during occurrence of the base flood dis-
Supp. No. 10
SALINA CODE
charge. No use shall increase the flood levels of
the base flood. The following uses are permitted,
subject to the standards of divisions 5 and 6:
(a) Agricultural uses such as general farming,
pasture, nurseries, forestry.
(b) Residential uses such as lawns, gardens,
parking and play areas.
(c) Nonresidential areas such as loading and
parking areas, airport landing strips, new
and used car lots, and streets.
(d) Public and private recreational uses such
as golf courses, archery ranges, picnic
grounds, parks, wildlife and nature pre-
served.
(Ord. No. 86-9119, ~ 1, 2-3-86)
DIVISION 8. VARIANCES
Sec. 42.444. Conditions for approval.
Where by reason of exceptional narrowness,
shallowness, shape, topography or other extraor-
dinary or exceptional situation or condition of a
specific piece of property, the strict application of
any provision of this article would result in pecu-
liar and exceptional hardship upon the owner of
the property as an unreasonable deprivation of
use as distinguished from the mere grant of a priv-
ilege, the board of zoning appeals may authorize a
variance from strict application so as to relieve
the demonstrable difficulties or hardships, pro-
vided that such a variance may be granted gen-
erally if:
(a) The structure is to be erected on a lot of
one-half acre or less in size and such lot is
contiguous to (not including adjacent public
streets) and surrounded by lots with ex-
isting structures constructed below the base
flood protection elevation, or
(b) The structure is listed on the National Reg-
ister of Historic Places, the State Inventory
of Historic Places or carries a local land-
mark (HC) designation.
(Ord. No. 86-9119, ~ I, 2-3-86)
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ZONING REGULATIONS
Sec. 42-445. Findings required.
Any request for a variance may be granted only
upon a finding by the board of zoning appeals that:
(a) The conditions prerequisite to the granting
of a variance set forth in K.S.A 12-715 have
been met, and
(b) Issuance of the variance will not result in
increased flood heights, additional threats
to public safety, extraordinary public ex.
pense, create nuisances, cause fraud on or
victimization of the public, or conflict with
existing local ordinances or state laws, par.
ticularly K.S.A 12.734.
(Ord. No. 86.9119, ~ 1,2-3-86; Ord. No. 86-9146, ~
1, 7.21-86)
Sec. 42.446. Determination of minimum stan.
dards.
Variances may only be issued upon a determi-
nation that the applicant requesting a variance
shall meet the minimum necessary standards of
this article to afford relief.
(Ord. No. 86-9119, ~ 1, 2-3.86)
Sec. 42-447. Notification of increased insur.
ance rates.
The zoning administrator shall notify the appli-
cant that the issuance of a variance to locate a
structure at an elevation below the one hundred-
year flood level will result in increased rates for
flood insurance coverage. The applicant will pro-
vide written and notarized acknowledgement of
such notification.
(Ord. No. 86-9119, ~ 1, 2-3.86)
DIVISION 9. VIOLATIONS
Sec. 42.448. Violations.
In addition to the penalties and relief set forth
in section 42-599, if the violation relates to a pro.
vision ofthis article, the attorney general and the
chief engineer of the Division of Water Resources
of the Kansas State Board of Agriculture may in-
stitut.e injunctions, mandamus or other appro-
priate action or proceedings to prevent the un.
lawful erection, construction, maintenance or use,
Supp. No. 10
A 42-456
or to correct or abate such violations, or to pre.
vent the occupancy of such buildings, structure or
land.
(Ord. No. 86.9119, ~ 1, 2-3-86)
DMSION 10. AMENDMENTS
Sec. 42-449. Amendments to flood plain dis.-
trict regulations.
No amendment shall be made to this article
that proposes to create or to effect any change or
variation in the flood plain district, or that pro-
poses to regulate or restrict the location and use
of structures, encroachments, and uses of land
within such district without the city first submit-
ting such proposed change, accompanied by com-
plete maps, plans, profiles, specifications, textual
matter and other data and information to the chief
engineer, Division of Water Resources, Kansas
State Board of Agriculture for written approval
thereof.
(Ord. No. 86-9119, ~ 1, 2.3-86)
Sees. 42-450-42.455. Reserved.
ARTICLE IX. HERITAGE
CONSERVATION
DISTRICT
DMSION 1. GENERALLY.
Sec. 42.456. Purpose.
The heritage conservation district is designed
to be used in conjunction with any existing zoning
district. The purposes of this district are:
(1) To identify, safeguard and preserve the
city's historic and cultural heritage;
(2) To protect and enhance historic landmarks
and districts which represent distinctive
"'Editor's note-Section 2 ofOrd. No. 90-9387, adopted June
25, 1990, amended Ch. 42 by repealing provisions designated
as Div. 1 of Art. IX, ~~ 42-456-42-461, containing general
provisions relative to the Heritage Conservation District and
derived from Code 1966, ~~ 36-8AOO, 36-BA01, and 36.8A07-
36-BAlD. Section 1 of Ord. No. 90-9387, enacted provisions
designated and incorporated as a new Civ. I, ~~ 42.456-42.
468.
2530.1
~ 42.456
SALINA CODE
and important elements of the city's cul-
tural, social, economic, political, archaeo-
logical and/or architectural history;
(3) To stabilize and improve property values in
areas designated as historically and/or ar.
chitecturally significant; and
(4) To enhance the attractiveness of the city to
home buyers, visitors and shoppers and
thereby promote business and tourism.
(Ord. No. 90-9387, ~ 1, 6-25-90)
Sec. 42-457. Permitted uses.
Permitted and conditional uses in the heritage
conservation district shall be the same as those
otherwise allowed in the underlying zoning dis-
trict and all other requirements of that qistrict
shall apply.
(Ord. No. 90-9387, ~ 1, 6-25.90)
Sec. 42.458. Definitions.
For the purpose of administration of this ar.
ticle, the following words or terms are hereby de-
fined. Unless specifically defined below, words or
terms in this article shall be interpreted so as to
give them the same meaning as they have in
common usage and so as to give this article its
most reasonable application.
Administrator. The designated individual as-
signed to administer, interpret and enforce the
provisions of this division; also known as the sec.
retary for the heritage commission.
Alteration. Any act or process that changes one
(1) or more of the exterior architectural features
of a structure, including, but not limited to, the
erection, construction, reconstruction or removal
of any structure.
Area. Properties, near to or adjacent to one an-
other, capable of being described with such defi-
niteness that their collective location may be es-
tablished and boundaries definitely ascertained.
Building. A structure, such as a house, barn,
church, hotel, courthouse, city hall, social hall,
commercial structure, library, factory, mill, train
deport, theater, school, store or similar construc-
tion, created to shelter any form of human ac.
tivity. The term also may refer to a small group of
Supp. No. 10
buildings which constitute an historically and
functionally related unit such as a courthouse and
jail, house and barn, mansion and carriage house,
church and rectory, and farmhouse and related
outbuildings.
Certificate of appropriateness. A certificate is-
sued by the commission indicating its approval of
plans for alteration, construction, removal or dem-
olition of a landmark or of a structure within an
historic district based primarily on design consid.
eration.
Certificate of economic hardship. A certificate
issued by the commission indicating its approval
of plans for alteration, construction, removal or
demolition of a landmark or of a structure within
an historic district based primarily on economic
considerations.
City commission. The government body of the
City of Salina, Kansas.
Commission. The Heritage Commission of the
City of Salina, Kansas.
Construction. The act of adding an addition to
an existing structure or the erection of a new prin.
cipal or accessory structure on a lot or property.
Contributing. A significant building, site, struc-
ture or object which adds to the architectural qual-
ities, historic association or archaeological values
of an historic district because:
(1) It was present during the pertinent historic
time;
(2) It possesses integrity and reflects its signif-
icant historic character or is capable of
yielding important information about the
pertinent historic period; or
(3) It independently meets the standards and
criteria of this division.
Demolition. Any act or process that destroys in
part or in whole a landmark or a structure within
an historic district.
Design guideline. A standard of appropriate ac-
tivity that will preserve the historic and architec-
tural character of a structure or area.
Exterior architectural appearance. The architec.
tural character and general composition of the ex-
2530.2
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ZONING REGULATIONS
~ 42-458
terior of a structure, including, but not limited to,
the kind, color and texture of the building mate-
rial and the type, design and character of all win-
dows, doors, light rtxtures, signs and appurtenant
elements.
Historic district. An area designated as an his-
toric district by ordinance of the city commission
and which may contain within dertnable geo-
graphic boundaries one (1) or more signincant
sites, structures or objects and which may have
within its boundaries other properties or struc-
tures that, while not of such historic, archeolog-
ical e.nd/or architectural signirtcance to be desig-
nated as landmarks, nevertheless, contribute to
the overall visual characteristics of the signirt-
cant sites, structure or objects located within the
historic district.
Landmark. A site, structure or object desig-
nated as a landmark by ordinance of the city com-
mission, pursuant to procedures prescribed herein,
that is worthy of rehabilitation, restoration and
preservation because of its historic, archeological
and/or architectural significance to the City ofSal-
ina, Kansas.
Object. Those physical items that have func-
tional; aesthetic, cultural, historical or scientific
value and are relatively small in scale and simply
constructed. While an object may be, by nature or
design, movable, it should be located in a specinc
setting or environment appropriate to its signin-
cant historic use, role or character. Objects in-
clude sculptures, monuments, street signs, fence
posts, hitching posts, mileposts, boundary
markers, statuary and fountains.
Owner of record. Those individuals, partner-
ships, firms, corporations, public agencies or any
other legal entities holding title to property but
not including legal entities holding mere ease-
ments or leasehold interests; may also be referred
to as property owner(s). Current owner(s) of record
are those listed as owners on the records of the
register of deeds. For the purposes of this article,
the vote of owner(s) of record shall require the
complete signature(s) of the listed owner(s) on the
Supp. No. 10
2530.3
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ZONING REGULATIONS
records of the register of deeds. For example, deeds
designating joint ownership by two (2) individuals
shall require the signature of both individuals for
a single vote to be recorded.
Property. An area ofland, undivided by a street,
alley, railroad, stream or similar physical fea.
ture, under common ownership or control, which
is or will be occupied by one (1) structure or land
use, and any accessory structures and uses. A prop-
erty could be made up of one (1) or more lots or
record, one (1) or more portions of a lot or lots of
record, or any combination thereof. The term shall
include landscape features.
Remoual. Any relocation of a structure in whole
or in part on its site or to another site.
Repair. Any change to a structure or object that
is not construction, removal, alteration or demo-
lition.
Site. The location of a significant event, a pre-
historic or historic occupation or activity, or a
building or structure, whether standing, ruined
or vanished, where the location itself possesses
historic, cultural or archeological value regard.
less of the value of any existing structure. Exam-
ples of sites include habitation sites, burial sites,
village sites, hunting and f18hing sites, ceremo.
nial sites, battlefields, ruins of historic buildings
and structures, campsites, designed landscapes,
natural features, springs and landscapes having
cultural significance.
Structure. Anything constructed or erected, the
use of which requires permanent or temporary
location on or in the ground, including, but not
limited to, the following: buildings, walls, ga-
zebos, signs, towers and swimming pools. (Ord.
No. 90-9387, ~ 1,6-25-90)
Sec. 42-459. Heritage conservation survey.
(a) The heritage commission shall cause and
commit to be undertaken a historical resources
survey of the City of Salina to identify buildings,
structures, sites, neighborhoods and areas that
may have historical, cultural or architectural im-
portance or value to the community. As a part of
the survey, the heritage commission shall review
and evaluate any prior surveys and studies by
any public or private organization and compile
Supp. No.8
~ 42-460
appropriate descriptions, facts and photographs.
All new surveys and inventories shall utilize the
inventory form and survey manual prepared by
the Kansas Historic Preservation Department.
(b) Upon completion of the survey for all or a
portion of the city, the heritage commission shall:
(1) Identify the most significant resources with
potential for designation as a landmark or
historic district;
(2) Devise and adopt procedures to initiate and
consider the nomination of these potential
landmarks and historic districts;
(3) Prepare and adopt a heritage conservation
plan containing goals, objectives and poli-
cies to guide decision-makers in preserving
the community's historic resources. (Ord.
No. 90-9387, ~ 1,6-25-90)
Sec. 42-460. Salina Register of Historic
Places.
(a) There is hereby established a Salina Reg-
ister of Historic Places, which shall include:
(1) A description of all buildings, structures,
sites and objects designated as landmarks
pursuant to this article.
(2) A description of the boundaries of each area
designated as an historic district pursuant
to this article.
The boundaries of landmarks and historic dis-
tricts shall be recorded on the zoning map of the
city. A current copy of the Salina Register of His-
toric Places and zoning map shall be kept on file
in the office of the zoning administrator.
(b) Landmarks may include any:
(1) Exterior of a structure;
(2) Property or part thereof;
(3) Landscape feature or object.
(c) Historic districts may include two (2) or more
structures and/or properties. Individual buildings,
sites, structures and objects within designated his-
toric districts shall be classified as contributing or
noncontributing. (Ord. No. 90-9387, ~ 1,6-25-90) .
2531
~ 42-461
SALINA CODE
Sec. 42.461. Nomination of landmarks and
historic districts.
Nomination may be made only by application.
Application for nomination of a site, structure or
object for designation as a landmark or of an area
for designation as an historic district may be made
by motion of the heritage commission or city com-
mission; or in the case of a landmark, by the owner
of record of the nominated property or structure;
or in the case of an historic district, by twenty-five
(25) percent or more of the owners of record of
property in a proposed historic district. (Ord. No.
90-9387, ~ 1, 6-25-90)
Sec. 42.462. Criteria for designation.
(a) The heritage commission shall, upon such
investigation as it deems necessary, make a de-
termination as to whether a nominated site, struc-
ture, object or area possesses significant histor-
ical, archeological and/or architectural qualities
and thus qualifies for designation pursuant to one
(1) or more of the following criteria:
(1) Its character, interest or value as part of
the development, heritage or cultural char-
acteristics of the community, county, state
or nation;
(2) Its location as a site of a significant local,
county, state or national event;
(3) Its identification with a person or persons
who significantly contributed to the devel-
opment of the community, county, state or
nation;
(4) Its embodiment of distinguishing charac-
teristics of an architectural style valuable
for the study of a period, type, method of
construction or use of indigenous materials;
(5) Its identification as a work of a master
builder, designer, architect or landscape ar-
chitect whose individual work has influ-
enced the development of the community,
county, state or nation;
(6) Its embodiment of elements of design, de-
tailing, materials or craftsmanship that
render it architecturally significant;
Supp. No.8
(7) Its embodiment of design elements that
make it structurally or architecturally in-
novative;
(8) It s unique location or singular physical
characteristics that make it an established
or familiar visual feature;
(9) Its character as a particularly fine or unique
example of a utilitarian structure, in-
cluding, but not limited to, farmhouses, gas
stations or other commercial structures,
with a high level of integrity or architec-
tural significance;
(10) Its location as a site of prehistoric or his-
toric occupation or activity possessing sig-
nificant archeological value.
(b) Any site, structure, object or area that meets
one (1) or more of the above criteria shall also
have sufficient integrity of location, design, ma-
terials and workmanship to make it worthy of
preservation or restoration. (Ord. No. 90-9387, ~
1, 6-25-90)
Sec. 42.463. Public hearing and designation.
(a) Generally. The heritage commission shall
hold at least one (1) public hearing on each prop-
erty to be designated as a landmark or historic
district at a reasonable time and place as estab-
lished by the heritage commission. It shall hold
such hearing no later than forty-five (45) days from
the date the application is flied.
(b) Notice of hearing. At least twenty (20) days
in advance of the public hearing on the proposed
designation, notice of same shall be published in
the official city newspaper. The notice shall state
the date, time and place of the hearing and con-
tain a street address and legal description of the
nominated property. The heritage commission
shall also send by regular mail a written notice of
the public hearing, containing the same informa-
tion as the public hearing, containing the same
information as the published notice, to the owners
of record and all property owners within two hun-
dred (200) feet of the nominated landmark or his-
toric district at least twenty (20) days prior to the
hearing. From time to time, as provided by its
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ZONING REGULATIONS
~ 42-463
rules, the heritage commission may give such ad-
ditional notice to other persons as it desires.
(c) Conduct of hearing. The hearing, which may
be continued, shall be conducted and a record of
the proceedings shall be preserved and med in the
office of the city clerk. Any person or party may
appear and be heard at the hearing in person, by
agent or by attorney. The heritage commission
may request a report from any government offi-
cial or agency or any other person, firm or corpo-
ration. If such report is made, a copy thereof shall
be made available by the secretary of the heritage
commission to the owner(s) of the affected prop-
erty and any other interested person.
(d) Report and recommendation. Within thirty
(30) days after the close of the public hearing, the
heritage commission shall adopt a recommenda-
tion to be submitted to the city commission that
the nominated landmark or historic district does
or does not meet the criteria for designation. The
recommendation shall be accompanied by the fol-
lowing information:
(1) Explanation of the significance or lack of
significance of the nominated landmark or
historic district as it relates to the criteria
for designation as set forth in section 42-
462;
(2) Explanation of the integrity or lack of in-
tegrity of the nominated landmark or his-
toric district;
(3) In the case of a nominated landmark found
to meet the criteria for designation:
a. The significant exterior architectural
features of the nominated landmark
that should be protected; and
b. The types of construction, alteration,
demolition and removal, other than
those requiring a building or demoli-
tion permit, that cannot be undertaken
without obtaining a certificate of ap-
propriateness.
(4) In the case of a nominated historic district
found to meet the criteria for designation:
a. The types of significant exterior archi-
tectural features of the structures
Supp. No.8
2533
within the nominated historic district
that should be protected;
b. The types of construction, alteration,
demolition and removal, other than
those requiring a building or demoli-
tion permit, that cannot be undertaken
without obtaining a certificate of ap-
propriateness; and
c. A list of all contributing sites, struc-
tures and objects within the historic dis-
trict.
(5) A map showing the location of the nomi-
nated landmark or the boundaries of the
nominated historic district.
(e) City commission designation:
(1) The city commission shall consider the ap-
plication at a public hearing, which may be
during a regularly scheduled meeting. The
city commission shall not consider the ap-
plication until the period for the filing of
written protests has lapsed. Prior to that
hearing, the city commission shall be pro-
vided with the recommendations and record
of the proceedings before the heritage com-
mission. At the conclusion of the public
hearing, the city commission may approve
an ordinance designating a nominated site,
structure or object as a landmark or desig-
nating an area as an historic district.
(2) The heritage commission may recommend
and the city commission may designate a
landmark or historic district which includes
a portion of the structures and/or proper-
ties under consideration and described in
any notice.
(3) The heritage commission may recommend
and the city commission may amend or re-
scind designation of a landmark or historic
district in the same manner and procedure
as is followed in a designation of a land-
mark or historic district.
(4) In the case of a denial of landmark nomi-
nation, subsequent nomination attempts
shall not occur within one (1) year or
without a change or ownership of the prop-
erty, whichever occurs first. A subsequent
~ 42-463
SALINA CODE
nomination of an historic district may not
be made within one (1) year unless there
has been a substantial reconfiguration of
the proposed nominated district.
(f) Notice of designation:
(1) The administrator shall forward notice of
designation of any landmark or historic dis-
trict approved by the city commission to
the Kansas State Historical Society.
(2) Within seven (7) days after approval of such
an ordinance, the administrator shall no-
tify in writing the owner of each structure
or property designated as a landmark or
included within an historic district. The ad-
ministrator shall also notify the city
building official of the designation.
(3) The designation of a landmark or historic
district shall in no way alter the uses per-
mitted by the existing zoning classification
or district of the properties so designated.
A desire to change permitted uses shall re-
quire the filing of an application requesting
a zoning change as provided by the Zoning
Ordinance of the City of Salina.
(g) Designation protest procedures:
(1) Protest of landmark designation. A protest
of any landmark nomination may be filed
with the city clerk any time within four-
teen (14) days following the conclusion of
the heritage commission's public hearing
on the nomination. The protest shall be ex-
ecuted in writing by the owner(s) of record
of the nominated landmark. The city clerk
shall provide a protest form upon request.
Upon submittal of a valid protest petition,
it shall be forwarded to the city commis-
sion. Such property may be designated a
landmark only by a three-fourths favorable
vote of all the members of the city commis-
sion.
(2) Protest of historic district designation by
property owner within proposed district. The
consent of a majority of the owners within
a proposed historic district shall be required
for the city to designate an historic district.
Owners of a property within a proposed dis-
Supp. No.8
trict shall be given thirty (30) days within
which to file written consents or objections
to the inclusion of their property in the pro-
posed district. Said thirty (30) days shall
commence upon the conclusion of the public
hearing before the heritage commission.
Owners of property shall be entitled to one
(1) vote for each taxable property of which
they are the owner of record as acknowl-
edged by the records of the Register of Deeds
of Saline County, Kansas. If property
owners fail to respond as set forth herein,
they shall be deemed to have consented to
the inclusion of their property in the pro-
posed district. If a majority (fifty-one (51)
percent or more) of the owners within a pro-
posed historic district file a written protest
against the inclusion of their property in
the proposed historic district, then the city
commission shall deny the application nom-
inating the area as an historic district. If
thirty-five (35) percent or more of the owners
of property within a proposed historic dis-
trict file a written protest against the in-
clusion of their property in the proposed
historic district, then the city commission
may adopt an ordinance designating the
proposed area as an historic district only
upon the affirmative vote of three-fourths
of all the members of the city commission.
(Ord. No. 90-9387, ~ 1, 6-25-90)
Sec. 42-464. Certificate of appropriateness.
(a) When certificate required. A certificate of ap-
propriateness shall be required before the fol-
lowing actions affecting the exterior architectural
appearance of any landmark or property within
an historic district may be undertaken:
(1) Any construction, alteration or removal re-
quiring a building permit from the City of
Salina;
(2) Any demolition in whole or in part re-
quiring a demolition permit from the city;
(3) Any construction, alteration, demolition or
removal affecting a significant exterior ar-
chitectural or historical feature as speci-
fied in the ordinance designating the land-
2534
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ZONING REGULATIONS
mark or historic district. However, such
requirement shall not apply to such repairs
and maintenance measures minimally re-
quired to prevent additional loss or harm to
the structure resulting from accidental or
natural causes.
Nothing in this article shall be construed to pre-
vent the ordinary maintenance or repair of a struc-
ture or building.
(b) Application for certificate of appropriateness.
A copy of every application for a demolition permit
or a building permit, including any accompanying
plans and specifications, affecting the exterior ar-
chitectural appearance of a landmark or of a prop-
erty within an historic district will be forwarded
to the heritage commission and shall initiate an
application for a certificate of appropriateness. The
building inspection department shall not issue the
demolition or building permit until a certificate of
appropriateness has been issued by the heritage
commission. Application for review of construc-
tion, alteration, demolition or removal not re-
quiring a building permit for which a certificate
of appropriateness is required shall be initiated
on a form prepared by the heritage commission.
(c) Determination by heritage commission:
(1) Any applicant may request a meeting with
the heritage commission before the appli-
cation is received or during the review of
the application. The commission shall con-
sider the completed application at a reg-
ular or special meeting. To prevent unnec-
essary delay in construction, the
administrator may issued certificates of ap-
propriateness for the renovation or recon-
struction of any structure when such work
substantially reproduces the existing de-
sign and is performed in the existing ma-
terial. The chairman or vice-chairman shall
cosign any certificates of appropriateness
issued in this manner.
(2) The chairman of the commission may ap-
point a subcommittee of four (4) of its mem-
bers to review applications for a certificate
of appropriateness for all types of actions
except demolitions when delay to the next
regular meeting would create an unneces-
Supp. No.8
~ 42-464
sary inconvenience to the applicant. A cer-
tificate of appropriateness may be issued
prior to the next regular meeting upon the
signatures of all but one (1) of the members
of that subcommittee.
(3) The commission shall review the applica-
tion and issue or deny the certificate of ap-
propriateness within forty-five (45) days of
receipt of the application. Written notice of
the decision shall be provided to the appli-
cant and the building inspection depart.
ment within seven (7) days following the
determination and shall be accompanied by
a certificate of appropriateness in the case
of approval.
(d) Denial of certificate of appropriateness:
(1) A denial of a certificate of appropriateness
shall be accompanied by a statement of the
reasons for the denial. The heritage com-
mission shall make recommendations to the
applicant concerning changes, if any, in the
proposed project that would cause the com-
mission to reconsider its denial and shall
confer with the applicant and attempt to
resolve as quickly as possible the differ-
ences between the owner and the commis-
sion. The applicant may resubmit an
amended application or reapply for a
building or demolition permit that takes
into consideration the recommendations of
the commission.
(2) Any person dissatisfied with a determina-
tion by the heritage commission concerning
a certificate of appropriateness may file an
appeal to the city commission within four-
teen (14) days of the date of notification of
that determination. The city commission
must act on this request within thirty (30)
days of receipt and must hold a public
hearing on the appeal.
(e) Standards for review:
(1) An application for a certificate of appropri-
ateness shall be evaluated on a sliding scale,
depending upon the designation of the
building, structure, site or object in ques-
2535
~ 42-464
SALINA CODE
tion. The certificate shall be evaluated upon
the following criteria:
a. Most careful scrutiny and consideration
shall be given to applications for des-
ignated landmarks;
b. Slightly less scrutiny shall be applied
to properties designated as
"contributory" within an historic dis-
trict;
c. The least stringent evaluation is ap-
plied to "noncontributory" properties
of a landmark or historic district. There
shall be a presumption that a certifi-
cate of appropriateness should be ap-
proved in this category unless the pro-
posed construction or demolition would
significantly encroach upon, damage or
destroy the landmark or historic dis-
trict. If the heritage commission de-
nies a certificate of appropriateness in
this category, and the owner appeals to
the city commission, the burden to af-
firm said denial shall be upon the her-
itage commission and the city commis-
sion.
(2) In considering an application fo~ a certifi-
cate of appropriateness, the heritage com-
mission shall be guided by the following
general standards in addition to any design
criteria in this article and in the ordinance
designating the landmark or historic dis-
trict:
a. Every reasonable effort shall be made
to provide a compatible use for a prop-
erty that requires minimal alteration
of a building, structure, site or object
and its environment, or to use a prop-
erty for its originally intended purpose.
b. The distinguishing original qualities or
character of a building, structure or site
and its environment shall not be de-
stroyed. The removal or alteration of
any historic material or distinctive ar-
chitectural feature should be avoided
when possible.
c. All buildings, structures and sites shall
be recognized as products of their own
time. Alterations that have no histor-
Supp. No.8
2536
ical basis and that seek to create an
earlier appearance shall be discour-
aged.
d. Changes that may have taken place in
the course of time are evidence of the
history and development of a building,
structure or site and its environment.
These changes may have acquired sig-
nificance in their own right and this
significance shall be recognized and re-
spected.
e. Distinctive stylistic features or exam-
ples of skilled craftsmanship that ch~-
acterize a building, structure or SIte
shall be treated with sensitivity.
f. Deteriorated architectural features
shall be repaired rather than replaced,
wherever possible. In the event replace-
ment is necessary, the new material
should match the material being re-
placed in composition, design, color, tex-
ture and other visual qualities. Repair
or replacement of missing architectural
features should be based on accurate
duplication of features, substantiated
by historic, physical or pictorial evi-
dence rather than on conjectural de-
signs or the availability of different ar-
chitectural elements from other
buildings or structures.
g. The surface cleaning of structures shall
be undertaken with the gentlest means
possible. Sandblasting and other
cleaning methods that will damage the
historic building materials shall not be
undertaken.
h. Every reasonable effort shall be made
to protect and preserve archaeological
resources affected by, or adjacent to,
any project.
i. Contemporary design for alterations
and additions to existing properties
shall not be discouraged when such al-
terations and additions do not destroy
significant historical, architectu:al ~r
cultural material, and such deSIgn IS
compatible with the size, scale, color,
material and character of the property
or neighborhood.
e
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ZONING REGULATIONS
f 42-464
(f) Design criteria:
(1) The purpose of the following design criteria
is to encourage preservation of intact sig-
nificant properties, restoration of signifi-
cant properties, restoration of significant
properties that have already undergone in-
sensitive alterations, and new construction,
as long as such complements existing build-
ings and streetscapes. It is not the inten-
tion of these criteria to discourage new ar-
chitectural styles.
(2) In considering any application for a certif-
icate of appropriateness, the commission
shall consider the standards for review
listed in paragraph (e) above and the fol-
lowing design criteria:
a. Alterations. Specific design criteria for
exterior alterations of landmarks and
contributing properties within historic
districts shall be based on the U.S. Sec-
retary of the Interior's Standards for
Rehabilitation, as published in section
36, Code of Federal Regulation, part
67, and as revised from time to time,
and by further reference to such spe-
cific design criteria as the commission
may require for the designation of the
landmark or historic district.
b. New construction and additions to ex-
isting buildings:
1. The design for new construction
shall be sensitive to and take into
account the special characteristics
that the district is established to
protect. Such consideration may in-
clude, but should not be limited to,
building scale, height, orientation,
site coverage, spatial separation
from other buildings, facade and
window patterns, entrance and
porch size and general design, ma-
terials, textures, color, architec-
tural details, roof forms, emphasis
on horizontal or vertical elements,
walls, fences, landscaping and
other features deemed appropriate
by the commission.
Supp. No.8
2537
2. New buildings need not duplicate
older styles of architecture but
must be compatible with the archi-
tecture within the district. Styles
of architecture will be controlled
only to ensure that their exterior
design, materials and color are in
harmony with neighboring struc-
tures.
c. Demolition, relocation and land sur-
face change:
1. Demolition in whole or in part of
individual landmarks or any con-
tributory structure within an his-
toric district shall ordinarily not
be permitted. Exceptions are al.
lowed only if a structure has been
substantially damaged through
fire, windstorm, flood or deteriora-
tion, and if there is reasonable
proof that it would not be econom-
ically or physically feasible to re-
habilitate. Other exceptions may
be allowed if a structure does not
possess the integrity, originality,
craftsmanship, age or historical
significance to merit preservation.
However, demolition of past addi-
tions which have not gained his-
torical significance and which have
disguised or sheathed original el.
ements or facades are encouraged,
as long as the intention is to re-
store such elements or facades.
2. Structures should not be removed
from their original site. Exceptions
will be allowed only if there is sub-
stantial evidence that it would not
be practical or economical to uti-
lize the building on its present site.
If a structure lies in the path of a
public improvement project in-
volving the City of Salina, and if
the building is worthy of preserva-
tion by virtue of its integrity, orig-
inality, craftsmanship, age or his-
toricalsignificance, relocation may
be considered as an alternative.
~ 42-464
SALINA CODE
3. Substantial change ofland surface
within the boundaries of a land-
mark or historic district should not
be permitted. Exceptions will be al-
lowed only if there is substantial
evidence that the change would not
be detrimental to the historical and
architectural character of sur-
rounding structures or land-
scaping.
d. Signage guidelines. The heritage com-
mission shall receive copies of any re-
quest for permit, appeal or variance re-
garding a sign to be located on a
landmark or within an historic district.
The commission shall review and ap-
prove such requests under the proce-
dures set forth within this section for
other permits, subject to the following
guidelines:
1. Signs should be designed and
placed so as to appear an integral
part of the building design, in pro-
portion to the structure and envi-
ronment and to respect neigh-
boring properties within historic
districts.
2. Obscuring or disrupting important
design elements is discouraged.
Signs should be designed with ap-
propriateness relative to the ser-
vices of the establishment served.
3. Signs should be maintained if they
are determined to be an original
part of the building or if they have
acquired significance by virtue of
their age, design, materials, crafts-
manship or historical significance.
4. Illumination of signs should be
properly shielded or diffused so as
to eliminate glare and be of a low
enough wattage to not detract from
or set apart the structure.
5. Descriptive signs as an integral
part of the structure are encour-
aged. Such signs could include
building dates, historic descrip-
tions, commemorations, etc.
Supp. No.8
6. Freestanding signs may be consid-
ered, if appropriate and necessary
to preserve the character of the
landmark or historic district.
e. Accessory structures and landscaping:
1. Existing characteristics such as
trees, walls, stairs, paving mate-
rials, fencing, walkways and other
similar structures or site features
that reflect the landmark or his-
toric district's history and develop-
ment shall be retained.
2. Landscaping should be appropriate
to the scale and the unique fea-
tures of the landmark or historic
district.
3. Accessory structures to a desig-
nated landmark or within the
boundaries of a designated historic
district shall be appropriate to and
compatible with the architectural
features of the primary structures.
Structures accessory to noncontrib-
utory buildings within a desig-
nated historic district shall be so
designed as to not detract from the
historical or architectural char-
acter of the district.
(3) Within each of the designated categories,
the design criteria will be applied more
stringently to properties of greater signifi-
cance than those with lesser significance as
determined by their respective designation.
The heritage commission may prepare and
adopt more specific design guidelines as it
deems necessary to supplement the provi-
sions of this division for the review of cer-
tificates of appropriateness. The city com.
mission must first approve such additional
design guidelines before said guidelines
shall become effective. (Ord. No. 90-9387, ~
1, 6-25-90)
Sec. 42-465. Certificate of economic hard.
ship.
(a) Purpose. A certificate of economic hardship
serves as an alternative to and wherever a certif-
2538
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ZONING REGULATIONS
f 42-465
icate of appropriateness would otherwise be re-
quired. The purpose of the certificate of economic
hardship is to provide relief where the application
of this article would otherwise impose undue hard-
ship.
(b) Application for certificate. Application for a
certificate of economic hardship shall be made on
a form prepared by the heritage commission. Such
application may be made in conjunction with or
separately from an application for, or upon the
denial of, a certificate of appropriateness. The com-
mission shall hold a public hearing concerning
such applications within thirty (30) days of re-
ceipt of application.
The administrator shall assist all applicants in
the preparation of applications for certificates of
economic hardship. Every reasonable effort shall
be made to limit the costs to the applicant and to
assure efficient processing of the application. The
commission shall require the submission of finan-
cial documents, professional reports and expert
testimony only when they are necessary to review
an application.
The commission may solicit expert testimony or
request that the applicant for a certificate of eco-
nomic hardship make submissions concerning any
or all of the following information before it makes
a determination on the application:
(1) Estimate of the cost of the proposed con-
struction, alteration, demolition or removal,
and an estimate of any additional cost that
would be incurred to comply with the rec-
ommendations of the commission for
changes for the issuance of a certificate of
appropriateness.
(2) A report from qualified or bonded persons
with experience in rehabilitation as to the
structural soundness of any structures on
the property and their suitability for reha-
bilitation.
(3) Estimated market value of the property in
its current condition; after completion of the
proposed construction, alteration, demoli-
tion, or removal; and after any changes rec-
ommended by the commission; and, in the
case of a proposed demolition, after renova-
Supp. No.8
tion of the existing property for continued
use.
(4) In the case of a proposed demolition, an es-
timate from an architect, developer, real
estate consultant, appraiser or other real
estate professional experienced in rehabil-
itation as to the economic feasibility of re-
habilitation or reuse of the existing struc-
ture on the property.
(5) If the property is income-producing, the an-
nual gross income from the property for the
previous two (2) years; itemized operating
and maintenance expenses for the previous
two (2) years; and depreciation, deduction
and annual cash flow before and after debt
service, if any, during the same period.
(6) Remaining balance on any mortgage or
other financing secured by the property and
annual debt service, if any, for the previous
two (2) years.
(7) All appraisals obtained within the previous
two (2) years by the owner or applicant in
connection with the purchase, financing or
ownership of the property.
(8) Any listing of the property for sale or rent,
price asked and offers received, if any,
within the previous two (2) years.
(9) Assessed value ofthe property according to
the two (2) most-recent assessments.
(10) Real estate taxes for the previous two (2)
years.
(11) Form of ownership or operation of the prop-
erty, whether sole proprietorship, for-profit
or not-for-profit corporation, limited part-
nership, joint venture, or other.
(12) Any other information considered neces-
sary by the commission to a determination
as to whether the property does yield or
may yield a reasonable return to the
owners.
(c) Determination. The commission shall review
all the evidence and information required of an
applicant for a certificate of economic hardship
and make a determination within forty-five (45)
2539
~ 42-465
SALINA CODE
days of receipt of the application whether the de-
nial of the application will deprive the owner of
the property of reasonable use of, or reasonable
economic return on, the property. Written notice
of the determination shall be provided in the same
manner as notification of a determination con-
cerning a certificate of appropriateness.
(d) Appeal. Any person dissatisfied with a de-
termination by the heritage commission con-
cerning a certificate of economic hardship may
file an appeal to the city commission Within four-
teen (14) days of the date of notification of that
determination. The city commission must act on
this request within thirty (30) days of receipt and
must hold a public hearing on the matter. (Ord.
No. 90-9387, ~ 1, 6-25-90)
Sec. 42-466. Property owned by public agen-
cies.
In the City of Salina many of the historically
and architecturally significant buildings, sites,
structures and objects are owned by government
entities. The preservation of such buildings, sites,
structures and objects is established as national
policy in the National Historic Preservation Act
of 1966, as amended. The Kansas Historic Pres-
ervation Act, as amended, declares that the his-
torical, architectural, archeological and cultural
heritage of Kansas is an important asset of the
state and that its preservation and maintenance
should be among the highest priorities of govern-
ment. To accomplish the adopted policies of the
federal and state governments and to accomplish
the purposes of this chapter, the following regu-
lations promote the preservation of publicly owned
historically and architecturally significant build. .
ings, sites, structures and objects:
(1) For properties in the City of Salina, the
city commission may authorize the sub-
mittal of an application to list a building,
site, structure, object or district owned by a
unit of government on the Kansas or the
National Register of Historic Places. The
authorization of the pertinent unit of gov-
ernment, if other than the City of Salina,
should be obtained before submittal of such
an application if required by applicable
state or federal law and regulations.
Supp. No.8
(2) To further the purposes of this chapter, the
city may enter into agreements with other
units of government. The city shall specif-
ically seek to negotiate an agreement with
the state historic preservation officer
whereby the state delegates certain respon-
sibilities to the city, including, but not lim-
ited to, the review of building and/or demo
olition permit applications. The commission
may recommend, and the city commission
shall authorize in behalf of the city, en.
tering into such agreements. Such agree-
ments may address:
a. Designation of landmarks and historic
districts;
b. Administration or the use of preserva-
tion fund resources;
c. Improvements to landmarks or proper-
ties in historic districts, and properties
adjacent to landmarks or historic dis-
tricts;
d. Demolition and clearance of all or a
portion oflandmarks, properties in his-
toric districts, and properties adjacent
to landmarks or historic districts;
e. Efforts to encourage the maintenance
of landmarks and properties in historic
districts; and
f. Other mutually acceptable provisions.
(3) Proposed improvements to a building, site,
structure or object owned by the city (des-
ignated as a landmark or located in an his-
toric district) shall be reviewed and ap-
proved according to the procedures and
regulations listed herein. Proposed demoli-
tion and/or clearance of a building, site,
structure or object owned by the City of
Salina (designated as a landmark or lo-
cated in an historic district) shall be re-
viewed and approved according to the pro-
cedures and regulations listed herein. (Ord.
No. 90-9387, ~ 1,6-25-90)
Sec. 42-467. Exceptions.
Exceptions to the building code of the City of
Salina may be available to owners of landmarks
and buildings within historic districts as set forth
2540
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ZONING REGULATIONS
~ 42-469.2
in section 104 of the building code.
(Ord. No. 90-9387, ~ 1,6-25-90)
Sec. 42-468. Minimum maintenance require-
ment.
All real property, and any building, structure
or utility thereon, designated as an historic land-
mark or located within a historic district, whether
owned or controlled privately or by any public
body, shall receive reasonable care, maintenance
and upkeep appropriate for its protection, preser-
vation, enhancement, perpetuation or use in com-
pliance with the terms of this article and the
applicable codes of the city.
(Ord. No. 90-9387, ~ 1,6-25-90)
Sec. 42-469. Purpose.
The conservation district is designed as an
overlay district to supplement designated historic
landmarks and districts and may be used in
conjunction with any existing zoning district. The
purpose of the conservation district is to:
(1) Develop and maintain the appropriate
environment for buildings, structures, sites
and areas that reflect varied planning
and architectural styles and distinguished
phases of Salina's history;
(2) Maintain and enhance the many private
and public elements that are unique to
the fabric, theme and character of each
neighborhood and area, including but not
limited to, lighting, pathways, street trees,
natural areas and other features that
may, from time to time, be identified by
the citizens and property owners of neigh-
borhoods, areas and subsections thereof;
(3) Abate the removal and demolition of his-
toric structures, and cultivate civic pride
in the accomplishments of the past; and
(4) Retain and enhance those properties which
contribute to the character of the conser-
vation district and to encourage their ad-
aptation for appropriate use.
(Ord. No. 97-9789, ~ 1, 2-17-97)
Sec. 42-469.1. Definitions.
[The following words, terms or phrases, as used
in this division, shall have their given meanings:]
Supp. No. 12
Conservation district. An area designated as a
conservation district by ordinance of the city
commission which may contain within definable
geographic boundaries, significant sites, struc-
tures or objects that, while not of such historic,
archeological and/or architectural significance to
be designated landmarks or in combination des-
ignated an historic district, nevertheless contrib-
ute to the overall visual characteristics of the
significant sites, structures or objects located within
the conservation district.
Significant resource; A site, building, structure,
or object identified as possessing historic, arche-
ological and/or architectural significance in the
Salina, Kansas, Historic Resources Survey Part
II, published June 30,1985, for the Salina City
Heritage Commission.
Sec. 42-469.2. Heritage commission powers
and duties within conserva-
tion districts.
It is intended that the heritage commission will
review development within the conservation dis-
trict in order to maintain underlying and desir-
able characteristics of structures and areas within
such districts, while recognizing the need for
innovation and individual expression in the de-
velopment of these districts. In carrying out this
mission, the commission shall have the following
powers and duties within conservation districts:
(1) To review applications for demolition or
relocation of identified significant re-
sources contained within the conservation
district(s);
(2) Approve, conditionally approve or deny
demolition or relocation of identified sig-
nificant resources contained within the
conservation district(s) requiring a build-
ing permit through the issuance or denial
of certificates of appropriateness; or
(3) To review any programs being considered
by the city commission that are designed
to stimulate preservation and rehabilita-
tion of structures and properties, and to
review any proposed action or develop-
ment utilizing these programs.
(Ord. No. 97-9789, ~ 1,2-17-97)
2540.1
~ 42-469.3
SALINA CODE
Sec. 42-469.3. Conservation district designa-
tion or recision.
An area may be designated or rescinded as a
conservation district by the city commission upon
recommendation of the heritage commission.
Criteria and procedures for nomination and
designation of a conservation district are as de-
scribed in sections 42-461 thru 42-463, Heritage
Conservation District Ordinance 90-9387, adopted
June 1990.
(Ord. No. 97-9789, ~ 1, 2-17-97)
Sec. 42.469.4. Certificate of appropriateness.
A certificate of appropriateness shall be re-
quired before any demolition or relocation is un-
dertaken upon any identified significant resource
in the conservation district. Application proce-
dures are as follows:
(1) No demolition or moving permit shall be
issued within the conservation district,
affecting an identified significant re-
source, until a certificate of appropriate-
ness has been issued by the heritage com-
mission.
(2) Application and review procedures for pro-
posals affecting identified significant re-
sources located within the conservation
district are set forth in section 42-464,
Certificate of Appropriateness.
Sec. 42.469.5. Standards for certificates of
appropriateness.
(a) In considering an application for a certifi-
cate of appropriateness the heritage commission
shall be guided by the criteria set forth in section
42-464 and the following criteria:
(b) Relocation. In considering an application
for a certificate of appropriateness for relocation
of an identified significant building or structure,
the heritage commission shall determine whether
the project substantially complies with the follow-
ing standards:
(1) The proposed relocation will avoid demo-
lition of the building or structure;
(2) The proposed relocation will not diminish
the historical or architectural significance
Supp. No. 12
2540.2
of the building or structure or the physical
integrity and historical associations of the
conservation district;
(3) The proposed relocation will not have a
detrimental effect on the structural sound-
ness of the building or structure;
(4) The relocation will be performed by a
professional building mover and the project
complies with existing city ordinances for
moving a building or structure.
(c) Demolition. In considering an application
for certificate of appropriateness for demolition of
an identified significant building or structure, the
heritage commission shall determine whether the
project substantially complies with the following
standards:
(1) The demolition is required to alleviate a
threat to public health and safety;
(2) The architectural integrity of the building
or structure is no longer evident;
(3) The streetscape within the context of the
conservation district would not be nega-
tively affected;
(4) The demolition would not adversely affect
the conservation district in relation to
remaining surrounding buildings or struc-
ture;
(5) The base zoning of the site is incompatible
with reuse of the building or structure;
(6) The reuse plan is consistent with existing
codes and ordinances for replacement and
new construction;
(7) The property has not suffered from willful
neglect, as evidenced by the following;
a. Willful or negligent acts by the owner
or tenant that leads to deterioration
of the building or structure;
b. Failure to perform normal mainte-
nance and repairs;
c. Failure to diligently solicit and re-
tain tenants; and
d. Failure to secure and board the build-
ing or structure if vacant.
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ZONING REGULATIONS
~ 42-473
(8) The denial of a certificate of appropriate-
ness for demolition would cause an eco-
nomic hardship as defined and deter-
mined pursuant to the provisions of section
42-465, Certificate of Economic Hardship.
(d) Upon making findings that the standards
set out above are not sufficiently met, the heri-
tage commission may deny the certificate of ap-
propriateness or defer a decision for relocation or
demolition for up to one (1) year during which the
applicant must conduct a bona fide effort to
preserve the building or structure. The one-year
period shall begin only when the bona fide effort
has commenced. A bona fide effort shall consist of
all of the following actions:
(1) Marketing the property for sale or lease;
(2) Filing an application for alternative fund-
ing sources for preservation, such as Neigh-
borhood Revitalization Act, etc;
(3) Filing an application for alternative uses
if available or feasible, such as rezoning
or conditional uses, etc.; and
(4) Obtaining written statements from li-
censed building contractors or architects
detailing the actual costs to rehabilitate
the property.
Upon the completion of the one (1) year period
and if the applicant provides evidence of a bona
fide preservation effort, the heritage commission
shall make a final decision for a certificate of
appropriateness for relocation or demolition.
(Ord. No. 97-9789, ~ 1,2-17-97)
Sec. 42-469.6. Exceptions of certificate of ap-
propriateness for demolition
of hazardous structures.
A hazardous structure shall be exempt from
the provisions governing demolition if the build-
ing official determines, in writing, that the struc-
ture currently is an imminent hazard to public
safety.
(Ord. No. 97-9789, ~ 1, 2-17-97)
Sec. 42-469.7. Application requirements for
certificates of appropriateness
in conservation districts.
Applications for certificates of appropriateness
shall be made on a form provided by the city
planning office, and shall include the information
and material as set forth in section 42-464.
(Ord. No. 97-9789, ~ 1, 2-17-97)
Supp. No. 12
Sec. 42-469.8. Appeals.
All decisions of the heritage commission includ-
ing deferrals may be appealed to the city commis-
sion pursuant to the provisions of section 42-464.
(Ord. No. 97-9789, ~ 1,2-17-97)
Sec. 42-470. Reserved.
DIVISION 2. HERITAGE COMMISSION.
Sec. 42-471. Created; purposes.
The heritage commission is hereby created,
whose purposes will be to inventory, promote, list,
record, protect, preserve and enhance places, ar-
eas, features or sites within the city that have
special significance in the architectural, archaeo-
logical, cultural or historical sense. The commis-
sion shall also advise the board of commissioners
and other groups concerning preservation of the
city's historic and cultural heritage.
(Code 1966, ~ 36-8A02)
Sec. 42-472. Membership.
The heritage commission shall consist of seven
(7) members, all of whom must reside within the
city limits, to be appointed by the board of com-
missioners. The membership of the commission
shall include, but not be limited to, one (1) archi-
tect, one (1) historian, one (1) archeologist, land-
scape architect, architectural historian, or urban
planner, one (1) city planning commissioner, one
(1) member of the real estate or legal profession,
and two (2) other individuals that the board of
commissioners may wish to consider.
(Code 1966, ~ 36-8A02; Ord. No. 91-9433, ~ 1,
3-25-91)
Sec. 42-473. Terms of office.
Appointments to the heritage commission shall
be for a term of three (3) years. Three (3) members
of the first commission shall serve for three (3)
years, two (2) members shall serve for two (2)
.Cross references-Administration, Ch. 2; boards and
commissions generally, ~ 2-136 et seq.
2540.3
~ 42-473
SALINA CODE
years and two (2) members shall serve for one
year. Thereafter, all members shall serve for three
(3) years.
(Code 1966, ~ 36-8A04)
Sec. 42.474. Compensation; expenses.
The members of the heritage commission shall
serve without compensation except for necessary
expenses sustained in carrying out their official
duties. Such expenses shall be paid by the city as
authorized by the board of commissioners.
(Code 1966, ~ 36-8A04)
Sec. 42.475. Officers.
The heritage commission shall annually elect,
from its membership a chairman and vice-chair-
man, whose terms of office shall be one year. The
heritage commission shall appoint a secretary
from the city planning department, who shall
keep a record of all minutes, resolutions and
proceedings and other actions of the commission.
(Code 1966, ~ 36-8A05)
Sec. 42-476. Vacancies.
All vacancies on the heritage commission shall
be fIlled by the board of commissioners.
(Code 1966, ~ 36-8A05)
Sec. 42.477. Quorum; voting; minutes.
The presence of four (4) members of the heri-
tage commission shall constitute a quorum, and
issues shall be decided by a majority vote of the
members present. The minutes of each meeting
shall be filed in the office of the city clerk.
(Code 1966, ~ 36-8A05)
Sec. 42-478. Financial support.
The heritage commission may accept dona-
tions, grants and other financial assistance from
any public body or any agency, including but not
limited to, the city, the county, the state, and any
of its agencies, and from any private individual or
groups for the purpose of carrying out the func-
tions, powers and duties of the heritage commis-
sion, including property acquisition and renova-
tion. These funds shall be utilized exclusively for
heritage conservation purposes and shall be kept
Supp. No. 12
in a separate account requiring heritage commis-
sion and city approval for utilization. The heri-
tage commission may, with the approval of the
board of commissioners, enter into agreements
and contracts with the public or private consult-
ants for the purpose of assisting the heritage
commission in carrying out its functions, duties
and powers.
(Code 1966, ~ 36-8A06)
Secs~ 42.479-42.500. Reserved.
ARTICLE X. SIGNS.
DMSION 1. GENERALLY
Sec. 42-501. Permits.
No sign, except for normal repair and for signs
listed in sections 42-504 and 42-505, shall be
painted, constructed, erected, remodeled, relo-
cated or expanded until a zoning certificate (sign
permit) for such sign has been obtained pursuant
to the procedure set forth in this article.
(Code 1966, ~ 36-900)
Sec. 42-502. Zoning certificate (sign permit)
required.
(a) The zoning certificate (sign permit) must
be obtained from the office of the zoning admin-
istrator.
(b) A zoning certificate (sign permit) shall be
either issued or refused by the zoning administra-
tor within ten (10) days after the receipt of an
application therefor or within such further period
as may be agreed to by the applicant. No zoning
certificate for any sign shall be issued unless the
sign complies with the regulations of this article.
(c) A zoning certificate (sign permit) shall be-
come null and void four (4) months after the date
on which it is issued unless within such four (4)
month period, construction, building, moving, re-
modeling or reconstruction of a structure or sign
is commenced or a use is commenced.
(Code 1966, ~ 36-901)
.CroSB reference-Sign code, ~ 8-381 et seq.
2540.4
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ZONING REGULATIONS
~ 42-503
Sec. 42-503. Sign standards.
(a) The gross surface area of a sign shall be the
sum of all surface areas of all sign faces, except
that for signs designed as double faced signs, with
both faces parallel and the distance between the
faces does not exceed two (2) feet, then only one
face of the sign shall be considered in determining
the gross surface area. When two (2) or more
signs are located on a zoning lot, the gross surface
area of all signs on the lot shall not exceed the
maximum allowable for the district regulations.
For computing the area of any wall sign which
consists ofletters, numbers and symbols mounted
or painted on a wall, the area shall be deemed to
be the area of the smallest rectangular figure
which can encompass all of the letters, numbers
or symbols.
(b) Sign height shall be measured from ground
level at the base of or below the sign to the highest
element of the sign.
(c) All signs must conform to the regulations
and design standards of the building code of the
city and all wiring of all electrical signs must
conform to the electrical code of the city.
(d) Illuminated signs shall be shaded wher-
ever necessary to avoid direct casting of light
upon property located in any residential district
or upon any public street or park. Any illuminated
sign located on a lot adjacent to or across the
street from any residential district, which sign is
visible from such residential district, shall be
illuminated only during business hours or be-
tween the hours of 7:00 a.m. and 10:00 p.m.
(e) No signs with flashing, pulsating or moving
lights or lights which create the illusion of move-
ment shall be permitted in any residential district
or in the C-l, C-2, or C-4 districts. A sign whereon
the current time and/or temperature is indicated
by intermittent lighting is permitted in all dis-
tricts except residential districts. Computer-
operated electronic message signs are permitted
in all districts except residential, C-l, and C-2
districts. No signs with moving parts, revolving
beacons, strobe lights or signs which emit an
audible sound shall be permitted in any district.
(f) No sign shall block any required accessway
or window.
Supp. No. 12
(g) No sign shall be attached to a tree or utility
pole whether on public or private property.
(h) On comer and through lots, each lot line
that abuts a street or highway shall be considered
a separate street frontage, and restrictions that
are phrased in term of "signs per zoning lot" shall
be deemed to permit the allowable number of
signs facing each street or highway that abuts the
lot.
(i) No metal sign shall be located within eight
(8) feet vertically and four (4) feet horizontally of
electric wires or conductors in free air carrying
more than forty-eight (48) volts, whether or not
such wires or conductors are insulated or other-
wise protected.
(j) No sign shall be maintained at any location
where by reason of its position, size, shape or
color it may obstruct, impair, obscure, interfere
with the view of, or be confused with any traffic-
control sign, signal or device, or where it may
interfere with, mislead or confuse traffic.
(k) No sign shall be located in any vision
triangle formed by the curb lines of any two (2)
intersecting streets, except signs mounted ten
(10) feet or more above the ground whose sup-
ports do not constitute an obstruction. (See also
section 42-81).
(1) No sign shall be permitted to locate on
public property in any district. In the C-4 district,
signs may extend over public property no farther
than six and one-half (6]12) feet or to within two
(2) feet of the back of the curb, whichever distance
is smaller. Any sign so extending must be a
minimum often (10) feet above grade.
(m) All signs which are more than four (4) feet
above grade shall be securely fastened so as to
prevent movement.
(n) Any time a sign is removed from its struc-
tural support, except for the purposes of mainte-
nance, repair, replacement, repainting or clean-
ing, or due to an act of God, the structural support
shall be removed within twenty-four (24) hours,
provided further, that if a sign removed for the
purposes of maintenance, repair, replacement,
repainting or cleaning, or due to an act of God, if
2540.5
~ 42-503
SALINA CODE
not reinstalled within thirty (30) days of the
removal, then the structural support shall be
removed within twenty-four (24) hours.
(Code 1966, ~ 36-901; Ord. No. 80-8821, ~ 1,
11-24-80; Ord. No. 81-8857, ~ 1,6-22-81; Ord. No.
90-9381, ~~ 1, 9, 5-14-90)
Sec. 42-504. Exemptions generally.
The following signs shall be exempt from the
requirements of this article.
(1) Flags of a government or of a political,
civic, philanthropic, educational or reli-
gious organization, displayed on private
property;
(2) Signs of a duly constituted governmental
body, including traffic or similar regula-
tory devices, legal notices, warnings at
railroad crossings, and other instruc-
tional or regulatory signs having to do
with health, hazards, parking, swimming,
dumping, etc.;
(3) Memorial signs and tablets displayed on
private property;
(4) Address numerals and other signs re-
quired to be maintained by law or govern-
mental order, rule or regulation, provided
that the content and size of the signs does
not exceed the requirements of such law,
order, rule or regulation;
(5) Small signs, not exceeding five (5) square
feet in area, displayed on private property
for the convenience of the public, includ-
ing signs to identify entrance and exit
drives, parking areas, one-way drives,
restrooms, freight entrances, and the like;
(6) Scoreboards in athletic stadiums;
(7) Political campaign signs not exceeding
eight (8) square feet in area and not
displayed for more than twenty-one (21)
days.
(8) Banner signs across public rights-of-way
not exceeding six (6) feet high and forty-
eight (48) feet long may only be displayed
from crosswalk frames between Ash Street
and Mulberry Street over Santa Fe Ave-
Supp. No. 12
nue in accordance with limitations speci-
fied by signed agreement with the Salina
City Commission.
(9) Window signs identifying a business, prod-
uct or service offered on the premises that
is affixed to the interior of the window of
a shop or store front and not covering over
thirty-three (33) percent of the total win-
dow area on a single wall.
(Code 1966, ~ 36-903; Ord. No. 90-9381, ~~ 2, 9,
5-14-90)
Sec. 42-505. Exemption from zoning certifi-
cate requirement.
The following signs shall be exempt from the
zoning certificate (sign permit) requirements of
section 42-502, but shall comply with all of the
other requirements of this article and of the
applicable district regulations;
(1) Illuminated nameplate signs not exceed-
ing two (2) square feet in gross surface
area accessory to a single-family or two-
family dwelling;
(2) Illuminated identification signs not ex-
ceeding forty (40) square feet in gross
surface area accessory to a multiple-
family dwelling;
(3) Illuminated bulletin board signs not ex-
ceeding forty (40) square feet in gross
. surface area accessory to a church, school
or public or nonprofit institution; subject
to the provisions of section 42-503(d);
(4) Illuminated business signs when located
on property used for agricultural pur-
poses and pertaining to the sale of agri-
cultural products produced on the prem-
ises.
(Code 1966, ~ 36-904)
Sec. 42-506. Classification of signs--Func-
tional types.
The following signs are classified by function:
c(1) Advertising sign. A sign which directs
attention to a business, commodity, ser-
vice or entertainment conducted, sold, or
2540.6
e
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ZONING REGULATIONS
offered at a location other than the prem-
ises on which the sign is located, or to
which it is affixed (off-premise sign).
(2) Bulletin board sign. A sign that indicates
the name of an institution or organization
on whose premises it is located and which
contains the name of the institution or
organization, the name or names of per-
sons connected with it, and announce-
ments of persons, events or activities ap-
pearing or occurring at the institution.
Such signs may also present a greeting or
similar message.
(3) Business sign. A sign which directs atten-
tion to a business or profession conducted,
or to a commodity or service sold, offered
or manufactured, or an entertainment
offered, on the premises where the sign is
located or to which it is affixed.
(4) Construction sign. A temporary sign indi-
cating the names of architects, engineers,
landscape architects, contractors, and sim-
ilar artisans involved in the design and
construction of a structure or project only
during the construction period and only
on the premises on which the construction
is taking place.
(5) Identification sign. A sign having the name
and address of a building, business, devel-
opment or establishment. Such signs may
be wholly or partly devoted to a readily
recognized symbol.
(6) Nameplate sign. A sign giving the name
and/or address of the owner or occupant of
a building or premises on which it is
located, and where applicable, a profes-
sional status.
(7) Real estate sign. A sign pertaining to a
sale or lease of the lot or tract of land on
which the sign is located, or to the sale or
lease of one or more structures, or a
portion thereof located thereon.
(Code 1966,36-905)
Sec. 42-507. Same-Structural types.
The following signs are classified as types:
(1) Awning, canopy and marquee sign. A sign
that is mounted or painted on, or attached
Supp. No. 12
~ 42-507
to, an awning, canopy or marquee that is
otherwise permitted by this chapter. No
such sign shall project more than twenty-
four (24) inches above, below, or twelve
(12) inches beyond the physical dimen-
sions of the awning, canopy or marquee,
and a minimum of eight (8) feet of clear-
ance shall be provided above grade.
(2) Decorative sign. A sign or display fabri-
cated of canvas, cloth, fabric, plastic, ply-
wood, or other light, impermanent mate-
rial and designed or intended to be
displayed in connection with an event for
a short period of time.
(3) Ground sign. Any sign placed upon, or
supported by, the ground independently
of the principal building or structure on
the property. Signs on accessory structure
shall be considered ground signs.
(4) Mobile sign. A sign that is not perma-
nently affixed to the ground or a building
and is designed or constructed to be easily
moved from one location to another, in-
cluding signs mounted upon or designed
to be mounted on a trailer, even if the sign
has had its wheels removed.
(5) Pole sign. A sign that is mounted on a
freestanding pole, the bottom edge of which
sign is six (6) feet or more above ground
level.
(6) Projecting sign. A sign that is wholly or
partly dependent upon a building for sup-
port and which projects more than twelve
(12) inches from such building.
(7) Roof sign. A sign erected, constructed and
maintained wholly upon or projecting above
any portion of the roof of a building or
having the roof as the principal means of
support. A mansard shall be considered
part of the wall of the building.
(8) Wall sign. A sign fastened to or painted on
a wall of a building or structure in such a
manner that the wall becomes merely the
supporting structure or forms the back-
ground surface, and which does not project
more than twelve (12) inches from such
building.
(Ord. No. 88-9283, ~ 1, 11-14-88; Ord. No. 90-
9381, ~~ 3, 9, 5-14-90)
2540.6.1
~ 42-508
SALINA CODE
Sec. 42-508. Temporary signs.
(a) The following signs shall be exempt from
the zoning certificate (sign permit) requirements
of section 42-502, but shall comply with all of the
requirements of this article and the applicable
district regulations:
(1) Advertising signs for special public events
sponsored by governmental, philanthropic,
and nonprofit organizations, subject to
the following provisions:
a. Only one (1) sign shall be allowed on
a zoning lot. Such sign shall not
exceed thirty-two (32) square feet in
area.
b. Signs will only be permitted seven
(7) days in advance of the event and
must be removed within twenty-four
(24) hours after the close of the event.
(2) Decorative business signs such as ban-
ners, pennants, streamers, ribbons, flags,
balloons, or other attention-attracting de-
vices, subject to the following limitations:
a. Signs placed over an existing sign
face, placed at least eight (8) feet
above ground level on existing poles
or other supports which serve an-
other primary purpose or placed on
an existing building, canopy, fence or
other structure located behind the
front yard setback line shall have no
special event or time limitations.
b. Signs placed in any other location
shall only be used for special promo-
tional events which shall only in-
clude the future opening of a new
business, grand opening for a new
business, and licensed going-out-of-
business sales. The sign shall be
limited to a single sign no larger
than thirty-two (32) square feet dis-
played for a maximum of twenty-one
(21) days for each such event.
(b) Mobile signs may be permitted upon issu-
ance of a zoning certificate (sign permit) and
when in compliance with all of the other require-
ments' of this article, the applicable district regu-
lations, and of the following provisions:
(1) Only one (1) mobile sign shall be allowed
on a zoning lot.
Supp. No. 12
(2) Mobile signs shall not exceed thirty-two
(32) square feet in area.
(3) Mobile signs shall not be placed within
twenty-five (25) feet of an existing pole
sign or ground sign, within fifty (50) feet
of another mobile sign or within the clear
vision triangle of any street or driveway.
(4) Mobile signs shall not be placed on the
premises of an establishment which has
an existing pole sign or ground sign lo-
cated in the front yard.
(5) Mobile sign permits shall be valid for not
more than thirty (30) days. Each estab-
lishment may be issued not more than
four (4) permits during a calendar year for
a combined total of sixty (60) days.
(6) Mobile signs shall be of rigid construction
and anchored or weighted to prevent move-
ment or overturning by wind.
(7) Electrical lines shall not lie on the ground
where vehicular or pedestrian traffic is
permitted. Use of aboveground extension
cords is prohibited. All wiring shall com-
ply with the electrical code of the city.
(8) Use of red, yellow, or green external light-
ing shall be prohibited. Any light shall be
constant in intensity or color at all times.
(Ord. No. 88-9283, ~ 2, 11-14-88; Ord. No. 96-
9776, ~ 1, 1-6-97)
Sec. 42-509. Maintenance and safety.
All signs, including attendant braces, supports,
guys and anchors, shall be kept in a safe and
sound structural condition and maintained in a
presentable state of appearance. Defective parts
shall be repaired or replaced and display surfaces
shall be kept neatly painted or posted and read-
able at all times. Every sign and its immediate
surroundings shall be maintained in a clean and
sanitary condition and free of all offensive sub-
stances, rubbish and weeds. All maintenance re-
quired is the responsibility of the owner of the
sign. Where ownership cannot be determined, the
property owner is responsible for the mainte-
nance of the sign. If the zoning administrator
shall find that any sign is unsafe, insecure, has
been abandoned, or has been erected or is being
2540.6.2
e
ZONING REGULATIONS
H2-517
.
maintained in violation of the article, he shall
give written notice to the owner thereof to repair,
alter or remove the sign so as to comply with the
standards herein set forth.
(Ord. No. 90-9381, ~ 4, 5-14-90)
e
Sec. 42-510. Abandoned signs.
Any sign which no longer advertises a bona fide
business conducted, product sold or service pro-
vided shall be deemed to be abandoned and shall
be removed at the expense of the owner. Sign
panels shall be removed within ninety (90) days of
the vacation of the premises or discontinuance of
the advertised activity. Sign frames and poles
shall be removed within one (1) year of vacation of
the premises or discontinuance of the advertised
activity unless new sign panels are installed
advertising a bona fide activity. Provided how-
ever, an appeal for an extension of up to one (1)
year for removal of sign frames and poles may be
granted by the design review board or board of
zoning appeals when found to be justified. The
installation of new sign panels on the same sign
frame and pole shall not require the issuance of a
new sign permit. If however, a new permit shall
be required then the sign shall comply with the
provisions of this article.
(Ord. No. 90-9381, ~ 7, 5-14-90; Ord. No. 98-9897,
~ 1, 11-2-98)
Secs. 42-511-42-515. Reserved.
DMSION 2. DISTRICT REGULATIONS.
.
Sec. 42-516. A-I agricultural district.
The following sign regulations shall apply in
the A-I agricultural district:
(1) Functional types permitted: Any type listed
in section 42-506.
(2) Structural types permitted: Any type listed
in section 42-507.
(3) Number of signs permitted: One (1) per
zoning lot provided that advertising signs
shall not be permitted within five hun-
dred (500) feet of a residence and not
closer than five hundred (500) feet of a
e
Supp, No. 13
residence and not closer than five hun-
dred (500) feet from another advertising
sign.
(4) Maximum gross surface area:
a. Advertising sign: Four hundred (400)
square feet.
b. All other types: Thirty-two (32) square
feet.
(5) Maximum height: Thirty (30) feet.
(6) Required setback: None required, except
that any sign which exceeds two hundred
(200) square feet in gross surface area
shall maintain the same setback that is
required for principal structures and in
no case shall a sign project over public
property.
(7) Illumination: Illumination of signs is pro-
hibited.
(Code 1966, ~ 36-907(1))
Sec. 42-517. RS, R, R-l, R-2, R-2.5, R-3 and
MIl residential districts.
The following sign regulations shall apply in
the RS, R, R-l, R-2, R-2.5, R-3 and MH residential
districts:
2540.6.3
ZONING REGULATIONS
A 42.518
e
.
(1) Functional types permitted:
a. Bulletin board signs;
b. Business signs;
c. Construction signs;
d. Identification signs;
e. Nameplate signs;
f. Real estate signs.
(2) Structural types permitted:
a. Ground signs;
b. Wall signs;
c. Awning, canopy and marquee signs
(when used in conjunction with a con-
ditional use along a collector or arte-
rial street only).
(3) Number of signs permitted:
a. Ground sign: one (1) per zoning lot.
b. Wall signs: two (2) per zoning lot.
c. Awning, canopy and marquee signs:
one (1) per zoning lot.
d. A maximum of three (3) signs is per-
mitted per zoning lot.
(4) Maximum gross surface area:
a. Bulletin board signs: thirty-two (32)
square feet.
b. Business signs: ~ght (8) square feet.
c. Construction signs: thirty-two (32)
square feet.
d. Identification signs: thirty-two (32)
square feet.
e. Nameplate signs: two (2) square feet.
f. Real estate signs: ~ight (8) square feet
per lot, provided that one sign of not
more than one hundred (100) square
feet in area announcing the sale of lots
and/or homes in a subdivision may be
located on such development. Such
signs shall be removed at the end of
three (3) years from the date of issu-
ance of permit, or when seventy-five
(75) percent of the lots in the subdivi-
sion or development have been sold,
whichever occurs sooner.
g. Business signs: when used in conjunc-
tion with a conClitional use and only
along a collector or arterial street; one
(1) square foot of sign area for each
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.
e
Supp. No.9
lineal foot of building frontage, not to
exceed thirty-two (32) square feet.
(5) Maximum height:
a. All signs shall be placed flat against a
building or designed as part of an ar-
chitectural feature thereof except that
signs may be detached if they do not
exceed a height of six (6) feet or project
into any required building setback
area.
b. No height limit is specified for signs
placed flat against or painted on the
wall of a building, or other attached
signs provided all other provisions of
this section are complied with.
(6) Required setback:
a. All signs, except real estate and con-
struction signs, shall maintain the
same setback required for principal
structures.
b. When used in conjunction with a con.
ditional use and only along a collector
or arterial street, the entire sign E hall
be set back at least ten (10) feet.
(7) Illumination: No sign shall be illuminated,
except that bulletin board signs may be in-
directly illuminated so as to avoid the di-
rect casting of light upon any residential
building. (Code 1966, ~ 36-907(2); Ord. No.
80-8825, ~ I, 12-15-80; Ord. No. 85-9074, ~
I, 6-3-85; Ord. No. 91-9424, ~ I, 2-~91)
Sec. 42-518. U University district.
The following sign regulations shall apply in
the university district:
(1) Functional types permitted:
a. Bulletin board signs;
b. Construction signs;
c. Identification signs;
d. Nameplate signs.
(2) Structural types permitted:
a. Ground signs;
2540.7
~ 42-518
SALINA CODE
b. Pole signs;
c. Wall signs.
(3) Number of signs permitted: no limitation ex-
cept as specified in subsection (4).
(4) Maximum gross surface area:
a. One (1) square foot for each six (6) lineal
feet of building frontage except as noted
in b. below.
b. Outdoor football/soccer stadiums shall be
permitted no more than two (2) signs not
to exceed one hundred sixty (160) square
feet each. These signs shall be located
within fifty (50) feet of the outdoor sta-
dium and separated by a minimum of
fifty (50) feet.
(5) Maximum height: No height limit is speci-
fied for signs placed flat against a building,
painted on the wall of a building or designed
as a part of an architectural feature thereof.
Detached signs shall not exceed ten (10) feet
in height.
(6) Required setback:
a. All signs of thirty-two (32) square feet or
less shall maintain a minimum setback
of ten (10) feet.
b. All signs larger than thirty-two (32) square
feet in area shall maintain the required
setback for principal structures in the
"U" university district.
(7) Dlumination: Only signs which are illuminated
by reflected light from a source not contained
within the sign itself shall be permitted. In-
ternally illuminated signs shall not be per-
mitted. No direct light shall be cast upon any
residential property. (Ord. No. 80-8825, f 2,
12-15.80)
Sec. 42-519. C-I restricted business district.
The following sign regulations shall apply in
the C-1 restricted business district:
(1) Functional types permitted: any type listed
in section 42-506, except advertising signs.
Supp. No.9
(2) Structural types permitted: any type listed in
section 42-507, except roof signs, projecting
signs and mobile signs.
(3) Number of signs permitted:
a. Ground sign: jtne per zoning lot.
b. Pole sign: (lne per zoning lot.
c. Others: two (2) per zoning lot.
(4) Maximum gross surface area: one square foot
of sign area for each lineal foot of building
frontage, not to exceed thirty-two (32) square
feet.
(5) Maximum height:
a. All signs shall be placed flat against a
building or designed as part of an archi-
tectural feature thereof except that signs
may be detached it they do not exceed a
height of eight (8) feet or project into any
required building setback area.
b. No height limit is specified for signs placed
flat against or painted on the wall. of a
building, or for other attached signs pro-
vided all other provisions of this section
are complied with.
(6) Required setback: entire sign shall be set back
ten (10) feet.
(7) Illumination: illuminated signs shall be per-
mitted. (Code 1966, ~ 36-907(3))
Sec. 42-520. C-2 neighborhood shopping
district.
The following sign regulations shall apply in.
the C-2 neighborhood shopping district:
(1) Functional types permitted: IIny type listed
in section 42-506, except advertising signs.
(2) Structural types permitted: }tny type listed in
section 42-507, except mobile signs, project-
ing signs, and roof signs.
(3) Number of signs permitted: two (2) per business.
(4) Maximum gross surface area: flfie square foot
of sign area for each lineal foot of building
frontage.
2540.8
e
ZONING REGULATIONS
A 42-522
.
(5) Maximum height: Thirty (30) feet.
(6) Required setback: No minimum setback,
except that pole sign supports must main-
tain a ten-foot setback.
(7) illumination: illuminated signs shall be
permitted.
(Code 1966, ~ 36-907(4))
Sec. 42-521. C-3 and C-4 commercial dis-
tricts.
The following sign regulations shall apply in
the C-3 shopping center and C-4 central business
districts:
(1) Functional types permitted. Any type listed
in section 42-506, except that advertising
signs for other than special public events
sponsored by governmental, philanthropic
and nonprofit organizations shall be pro-
hibited in the C-4 district and district and
advertising signs other than computer-
ized electronic message displays shall be
prohibited in the C-3 district.
(2) Structural types permitted. Any type listed
in section 42-507, except that mobile signs
and roof signs shall be prohibited in the
C-4 district.
(3) Number of signs permitted. No maximum
limitation in the C-3 district. In the C-4
district, four (4) signs per business with a
maximum often (10) signs per zoning lot;
provided, however, the following addi-
tional restrictions shall apply:
a. No more than one (1) projecting sign
or ground/pole sign shall be allowed
per street frontage.
b. Ground/pole signs shall be allowed
only on zoning lots without buildings
or those with buildings having a
front yard setback often (10) feet or
more.
c. Ground/pole signs and projecting
signs shall not be allowed in combi-
nation along the same street front-
age.
(4) Maximum gross surface area:
a. In the C-3 district, four (4) square
feet of sign area for each lineal foot
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.
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Supp. No. 13
of building frontage; where no build-
ing frontage exists, one (1) square
foot of sign area for each lineal foot
of street frontage.
b. In the C-4 district, three (3) square
feet of sign area for each lineal foot
of building frontage for allowable
signage other than a ground/pole sign
or a projecting sign; where no build-
ing frontage exists, one (1) square
foot of sign area for each lineal foot
of street frontage. Irrespective of
building or street frontage, no prop-
erty or zoning lot shall be restricted
to less than thirty-six (36) square
feet of sign area. No more than sixty-
seven (67) percent of allowable sign
area may be displayed on any build-
ing wall or street frontage. In re-
gards to projecting signs and ground/
pole signs, the following maximum
area limitations shall apply:
Building Projecting Ground! Pole
Frontage Signs. Signs
25 feet or less 30 sq. ft. 45 sq. ft.
26-50 feet 36 sq. ft. 54 sq. ft.
51 feet or more 48 sq. ft. 72 sq. ft.
*The maximum area for a projecting sign on a
building wall without street frontage shall be
four (4) square feet.
(5) Maximum height. In the C-3 district, no
sign shall project more than thirty (30)
feet above the highest point of the roof of
the structure associated with or on which
it is located. In the C-4 district, projecting
or wall signs may not project above the
lowest point of the roof of the structure to
which it is attached; ground/pole signs
may not exceed thirty (30) feet in height
above grade.
(Ord. No. 90-9381, ~~ 5, 9, 5-14-90)
Sec. 42-522. C-5, C-6 and C-7 commercial dis-
tricts.
The following sign regulations shall apply in
the C-5, service commercial, C-6, heavy commer-
cial and C-7, highway commercial districts:
(1) Functional types permitted: Any type listed
in section 42-506.
2540.9
~ 42-522
SALINA CODE
(2) Structural types permitted: Any type listed
in section 42-507.
(3) Maximum gross surface area:
a. Four (4) square feet of sign area for
each lineal foot of building frontage.
b. Where no building frontage exists,
four (4) square feet of sign area for
each lineal foot of street frontage.
(4) Maximum height:
a. Signs located on an arterial, collec-
tor or residential street: Fifty (50)
feet.
b. Signs oriented toward a designated
interstate highway and located on
property within six hundred sixty
(660) feet of the interstate right-of-
way: Fifty (50) feet above the inter-
state roadbed and associated bridges
and ramps, with a maximum sign
height of seventy (70) feet. Where
the interstate roadbed is below the
grade elevation of adjoining prop-
erty, the maximum sign height shall
be fifty (50) feet.
c. Artificially raising the ground level
through filling or berming for the
sole purpose of increasing sign height
shall not be permitted.
(5) Required setback: None required, except
that any sign which exceeds two hundred
(200) square feet in gross surface area
shall maintain the same setback required
for principal structures, and in no case
shall a sign project over public property.
(6) Illumination: Illuminated signs shall be
permitted.
(Code 1966, ~ 36-907(6); Ord. No. 95-9708, ~ 1,
10-16-95)
Sec. 42-523. 1-1 industrial park district.
The following sign regulations shall apply in
the I-I industrial park district:
(1) Functional types permitted: Any type listed
in section 42-506, except advertising signs.
Supp. No. 13
(2) Structural types permitted: Any type listed
in section 42-507, except roof signs.
(3) Number of signs permitted: Two (2) per
establishment.
(4) Maximum gross surface area: One (1)
square foot for each two (2) feet of lineal
street frontage.
(5) Maximum height: Thirty (30) feet.
(6) Required setback: Ten (10) feet.
(7) Illumination: Illuminated signs shall be
permitted.
(Code 1966, ~ 36-907(7))
Sec. 42-524. 1-2 and 1-3 industrial districts.
The following sign regulations shall apply in
the 1-2 light industrial and 1-3 heavy industrial
districts:
(1) Functional types permitted: Any type listed
in section 42-506.
(2) Structural types permitted: Any type listed
in section 42-507.
(3) Number of signs permitted: No limitation.
(4) Maximum gross surface area: Four (4)
square feet for each lineal foot of street
frontage.
(5) Maximum height:
a. Roof sign: Thirty (30) feet above the
highest point of the structure on
which the sign is located.
b. All other signs: Thirty (30) feet.
(6) Required setback: None required.
(7) Illumination: Illuminated signs shall be
permitted.
(Code 1966, ~ 36-907(8))
Sec. 42-525. Historic signs.
(a) Specific provisions of this sign ordinance
may be waived by the board of city commissioners
for designated historic signs upon application by
the owner or by city-initiated application.
2540.10
e
.
e
.
e
ZONING REGULATIONS
f 42-525
(b) Upon filing of said application, the heritage
commission, with or without review and recom-
mendation from the [Salina Business District
Number 1] Design Review Board, may recom-
mend, and the city commission may declare, a
sign to be of ''historic significance" by making
Supp. No. 13
2540.10.1
ZONING REGULATIONS
e
.
findings according to the guidelines below. Except
for requirement pertaining to safety, structural
integrity or maintenance, a sign so designated
shall be deemed to conform to this article.
(c) To be designated "historically significant," a
sign must be found to comply with all of the
following guidelines:
(1) The sign has been in continuous existence
at the present location for not less than
twenty-five (25) years.
(2) The sign possesses such exemplary design,
technology, craftsmanship, materials and/or
a means of illumination that it signifi-
cantly enhances the cultural, historical
and/or aesthetic quality of the community.
(3) The sign has not been significantly altered
from its historic period or, if altered, is
restorable to its historic function and ap-
pearance.
(d) Once designated "historically significant,"
removal of the sign shall be subject to the provi-
sions of article IX, regarding demolition or re-
moval of heritage landmarks.
(Ord. No. 90-9381, ~ 8, 5-14-90)
e
Sees. 42-526-42-540. Reserved.
ARTICLE XI. OFF.;STREET PARKING AND
LOADING.
DIVISION 1. GENERALLY
Sees. 42-541-42-550. Reserved.
DIVISION 2. OFF-STREET PARKING
.
Sec. 42-551. Applicability.
In any zoning district, all structures built and
all uses established hereafter shall provide acces-
sory off-street parking in accordance with the
regulations of this division. When an existing
structure or use is expanded, accessory off-street
e
.Cross referenc--Stopping, standing and parking gen-
erally, ~ 38-41 et seq.
Supp. No. 11
~ 42-552
parking shall be provided in accordance with the
regulations of this division for the total area or
capacity of such expansion.
(Code 1966, ~ 36-1000(1))
Sec. 42-552. General provisions.
(a) Utilization. Required accessory off-street
parking facilities provided for the uses hereinaf-
ter listed shall be solely for the parking of motor
vehicles in operating condition of patrons, occu-
pants or employees of such uses.
(b) Area. A required off-street parking space
shall be at least eight (8) feet six (6) inches in
width and at least nineteen (19) feet in length,
exclusive of access drives or aisles, ramps, col-
umns, office or work areas.
(c) Access. Each required off-street parking space
shall open directly upon a. driving aisle having a
width in accordance with the angle of parking as
follows:
Aisle width
Parking angle
00 300 450 600 900
One-way traffic 12' 11' 12' 17' 24'
'!\vo-way traffic 19' 20' 20' 20' 24'
Driveways connecting an off-street parking area
to a street shall not be less than ten (10) feet in
width for one-way traffic and eighteen (18) feet
in width for two-way traffic except that ten-foot
wide driveways are permissible for two-way
traffic when the driveway is not longer than
fifty (50) feet, it provides access to no more than
6 spaces, and sufficient turnaround space is
provided so that vehicles will not back into a
public street. .
(d) Open and enclosed parking. No open off-
street parking, driving or maneuvering areas
shall cover more than sixty (60) percent of the
total area of any front yard in any district except
in the C-4, C-5, C-6, 1-2, and 1-3 districts. No
motor vehicle or recreation vehicle shall be parked
in any front yard except upon a driveway or
adjacent surfaced parking area. The area devoted
to driveway purposes shall not be considered in
determining whether off-street parking require-
ments have been met except for single family or
two-family detached and single-family attached
2540.11
~ 42-552
SALINA CODE
dwellings. Enclosed buildings and carports con-
taining off-street parking shall be subject to the
yard requirements applicable to structures in the
district in which located.
(e) Design and maintenance:
(1) Design. Off-street parking spaces shall com-
ply with such design standards relating to
curb length, stall depth, driveway width,
island width, barriers, and ingress and
egress as may be established from time to
time by the city. Off-street parking spaces
may be open to the sky or enclosed in a
building.
(2) Surfacing. All open off-street parking spaces,
drives and aisles shall be paved with as-
phalt, concrete or other permanent mate-
rial of comparable performance. Provided
however, an unpaved parking area acces-
sory to a use or building in existence on the
effective date of this ordinance shall not be
required to comply with the paving stan-
dard, except whenever an existing use is
converted to another use or an existing
building is converted to another use or an
existing building is enlarged resulting in
an increase in the number of required
off-street parking spaces, the new or en-
larged parking area shall be paved.
The paved surfacing requirement shall not ap-
ply to the following uses: any permitted use in
the RS, R, R-l, R-2, R-2.5, R-3, or MH residen-
tial zoning district with a parking requirement
of six (6) or fewer spaces or any permitted use in
the A-I agricultural, 1-2 or 1-3 industrial zoning
district. Although exempt from the paving re-
quirement, access drives and parking spaces for
the above uses shall be graded and surfaced
with crushed stone, gravel, or other all-weather
material. All parking areas shall be properly
maintained and kept free of potholes, weeds,
dust, trash and debris. Loose material shall be
contained within the designated parking area
and kept from spilling into public streets.
(3) Screening. All open off-street parking areas
containing more than six (6) parking spaces
shall be effectively screened on each side
that adjoins any property situated in a
single-family residential district by a wall,
Supp. No. 11
2540.12
fence or densely planted compact ever-
green hedge not less than six (6) feet or
more than eight (8) feet in height. Parking
areas shall be arranged and designed so as
to prevent damage to, or intrusion into,
such wall, fence or hedge.
(4) Lighting. Any lighting used to illuminate
off-street parking areas shall be directed
away from residential properties in such a
way as not to interfere with the residential
use.
(5) Storage and repair. No storage ofmerchan-
dise, materials, equipment, refuse contain-
ers, inoperable vehicles or the repair of
vehicles shall be permitted in required off-
street driving aisles or parking spaces.
(6) Computation. When determination of the
number of off-street parking spaces re-
quired by this division results in a require-
ment of a fractional space, the fraction of
one-half or less may be disregarded, and a
fraction in excess of one-half shall be counted
as one (1) parking space.
(7) Collective and joint use provisions. One (1)
off-street parking area may serve several
different uses provided the area contains
the total required spaces for all uses. In
addition, different uses may make joint use
of the same parking spaces provided writ-
ten assurances are given that such uses
operate at different or nonconflicting times.
All regulations covering the location of ac-
cessory parking spaces in relation to the
uses served shall be adhered to.
(8) Location. All parking spaces required to
serve buildings or uses shall be located on
the same zoning lot or in the same zoning
district as such building or use, except that
such parking spaces may be provided in an
adjacent zoning district if such district al-
lows parking lots or parking garages as a
permitted use. But in no instance shall
required off-street parking be located more
than six hundred (600) feet (as measured
along lines of public access) from the use
which it serves.
(9) Employee parking. Parking spaces required
on an employee basis shall be based on the
ZONING REGULATIONS
e
.
maximum number of employees on duty or
residing, or expected to be on duty or resid-
ing, or both, on the premises at anyone
time, at the same time as the building
permit is issued.
(10) Maximum number of spaces. The total num-
ber of accessory parking spaces provided
for a single-family, a two-family or multiple-
family dwelling shall not exceed that re-
quired by this division, for such use or for
any equivalent new use by more than fifty
(50) percent or four (4) spaces, whichever
number is greater.
(11) Exempt zone. Notwithstanding any' other
provision of this chapter, no accessory off-
street parking facilities shall be required
for any structure in the C-4 central busi-
ness districts except residences, and those
uses specifically required to provide park-
ing.
(12) Determination of required spaces. When
determining the required number of off-
street parking spaces for apartment houses,
lodging, boarding or rooming houses, fra-
ternities, sororities, and dormitories, an
occupant shall mean an individual sepa-
rate and distinct from the immediate fam-
ily of the owner, landlord or operator.
(Code 1966, ~ 36-1000(2); Ord. No. 87-9205, ~ 1,
9-28-87; Ord. No. 88-9243, ~ I, 4-11-88; Ord. No.
90-9419, ~ 1, 12-17-90)
e
Sec. 42-553. Off.street parking space require.
ments.
.
Off-street parking spaces accessory to the uses
hereinafter designated shall be provided as fol-
lows:
(1) Dwelling and lodging uses.
a. Bed and breakfast: One (1) space for
each two (2) guest rooms, plus two (2)
spaces for the owner/occupant.
b. Dormitories, fraternities, sororities and
other loading facilities for students:
One (1) space for each occupant for the
first twenty (20) occupants and three-
fourths (31'4) space for each occupant
thereafter.
e
Supp, No. 11
2540.13
~ 42-553
c. Family-care facilities: One (1) space for
every two (2) residents, except where
residents are unable to drive, plus one
(1) space for each employee on the
premises and one (1) space for guest
parking for every eight (8) residents.
d. Group-care facilities: Same as family-
care facilities.
e. Group-rehabilitation facilities: Same as
family-care facilities.
f. Group day-care centers: One (1) space
for each employee on the premises,
plus one (1) space for loading and un-
loading for every twelve (12) children
and two (2) spaces for resident or facil-
ity vehicles.
g. Home occupations: Two (2) spaces for
the owner/occupant.
h. Hotels and motels: One (1) space for
each room, plus seventy-five (75) per-
cent of spaces otherwise required for
accessory restaurants, assembly rooms
and related facilities.
i. Manufactured and mobile home parks:
Two (2) spaces for each home.
J. Multiple-family dwellings for elderly
and/or handicapped persons: One (1)
parking space for each dwelling unit
for the first twenty (20) units and
three-fourths (3/4) space for each unit
thereafter.
k. Rooming and boarding houses: One (1)
space for each sleeping room beyond
the first two (2) rooms, plus two (2)
spaces for the owner/occupant.
1. Single-family, two-family and townhome
dwellings: Two (2) spaces for each dwell-
ing unit,
m. Three-family and multiple-family dwell-
ings: Two (2) spaces for each dwelling
unit for the first twenty (20) units and
one and one-half (1112) spaces for each
unit thereafter.
(2) Commercial and industrial uses:
a. Automobile repair garages and service
stations: Two (2) spaces for each ser-
f 42-553 SALINA CODE
vice bay, plus one (1) space for each
employee, but not less than a total of
five (5) spaces.
b. Banks and financial institutions: One
(1) space for each two hundred (200)
square feet of floor area devoted to
public banking services, plus one (1)
space for each three hundred (300) k.
square feet of floor area devoted to
office use, plus four (4) stacking spaces
for each drive-up window. 1.
c. Barber shops or beauty parlors: Two
(2) spaces per chair.
d. Bowling alleys: Five (5) spaces per
lane, plus seventy-five (75) percent of
spaces otherwise required for acces-
sory uses such as restaurants and game m.
rooms.
e. Business and professional offices: One
(1) space for each three hundred (300)
square feet of floor area.
f. Car washes: Four (4) stacking, holding
and drying spaces for each stall in
self-serve establishments; six (6) stack- n.
ing, holding and drying spaces for each
stall in attended or automated estab-
lishments.
g. Cartage, express, parcel delivery and o.
freight terminal establishments: One
(1) space for each two (2) employees
plus one (1) space for each vehicle
maintained on the premises.
h. Convenience stores: One (1) space for
each two hundred (200) square feet of
floor area.
L Dental and medical offices: One (1) p.
space for each two hundred (200) square
feet of floor area.
j. Eating and drinking establishments: q.
One (1) space for each fifty (50) square
feet of customer service or dining floor r.
area or one (1) space for each three (3)
persons based on the maximum occu-
pancy at designed capacity, whichever
is greater, provided that restaurants
with drive-through service shall have
eight (8) stacking spaces for each
supp. No. 11 2540.14
drive-up window with four (4) of such
spaces located at the ordering station,
and provided that drive-in restaurants
shall have at least ten (10) parking
spaces. All spaces shall be designed so
as not to impede vehicle circulation
on-site or on abutting streets.
Furniture, hardware and appliance
stores: One (1) space for each four
hundred (400) square feet offloor area.
Manufacturing, production, assembly
or processing of goods, materials or
products; One (1) space for each six
hundred (600) square feet of floor area
or one (1) space for every two (2) em-
ployees, whichever is greater.
Mini-warehouses: One (1) space for
each ten (10) storage cubicles, equally
distributed throughout the storage area
and designed such that access drives
have sufficient width to allow vehicles
to both unload and pass, plus two (2)
spaces at the business office for use by
the staff and prospective clients.
Mortuaries and funeral homes: One (1)
space for each four (4) seats in the
parlor plus one (1) space for each em-
ployee and vehicle on the premises.
Motor vehicle showrooms and sales
facilities, including car, mobile home
and recreational vehicle lots: One (1)
space for each four hundred (400) square
feet of floor area plus one (1) space for
each three thousand (3,000) square
feet of open lot area devoted to the
display of vehicles for sale or rent.
Retail stores: One (1) space for each
two hundred fifty (250) square feet of
floor area.
Theaters: One (1) space for each four
(4) seats.
Warehouse, storage and wholesale es-
tablishments: One (1) space for each
two thousand (2,000) square feet of
floor area or one (1) space for every two
(2) employees, whichever is greater.
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ZONING REGULATIONS
(3) Other uses:
a. Auditoriums, gymnasiums and other
places of assembly: One (1) space for
each three (3) persons or seats based
upon the maximum designed seating
capacity.
b. Churches: One (1) space for each four
(4) seats in the sanctuary or largest
assembly room.
c. Hospitals: One (1) space for each bed,
plus one (1) space for each two (2)
employees (other than doctors) and one
(1) space for each doctor assigned to
the staff.
d. Nursing and convalescent homes: Six
(6) spaces for the first three thousand
(3,000) square feet of gross floor area
and one (1) space for each additional
one thousand (1,000) square feet with
a minimum of six (6) spaces per estab-
lishment.
e. Primary and intermediate schools, nurs-
ery schools and group day-care cen-
ters, public or private; One (1) space
for each faculty member and other
employee or two (2) spaces per class-
room, whichever is greater.
f. Private clubs and lodges: One (1) space
for each three (3) persons based on the
maximum designed capacity.
g. Secondary schools, public or private:
One (1) space for each faculty member
and other employee plus one (1) space
for each eight (8) students.
h. Swimming pools and clubs: One (1)
space for each fifty (50) square feet of
water area.
L Trade and business schools: One (1)
space for each faculty member and
other employee plus one (1) space for
each three (3) students.
J. Other permitted or special uses not
listed above:
Spaces shall be provided in accordance
with the determination of the zoning ad-
ministrator with respect to the number of
spaces required to serve employees and/or
customers.
(Code 1966, ~ 36-1000(3); Ord. No. 94-9653, ~ 1,
9-19-94)
Supp. No. 11
~ 42-562
Sec. 42-554. Modification of required spaces.
(a) A request may be made for a reduction in
the number of off-street parking spaces otherwise
required by these regulations. Such requests shall
be accompanied by data supporting reduced park-
ing demand for the proposed uses. The board of
commissioners or board of zoning appeals may
approve a reduction upon finding that: (1) an
adequate number of vacant parking spaces will be
available at all times other than peak hours
during peak seasons of use; (2) traffic circulation
in the driving aisles will not become congested by
motorists searching for a vacant space; and (3)
parking cars will not overflow into adjacent streets.
(b) In addition, business and professional of-
fices, dental and medical offices, eating and drink-
ing establishments, furniture, hardware and ap-
pliance stores or retail stores shall not provide
excessive parking. The number of parking spaces
provided shall not exceed the requirement set out
in these regulations by more than twenty-five (25)
percent without approval by the board of commis-
sioners or the board of zoning appeals. Applicants
requesting to exceed this limitation shall provide
data justifying the need for additional parking.
(Ord. No. 94-9653, ~ 2, 9-19-94)
Sees. 42-555-42-560. Reserved.
DMSION 3. OFF-STREET LOADING
Sec. 42-561. Applicability.
In any zoning district, all structures built and
all uses established hereafter, shall provide acces-
sory off-street loading spaces. When an existing
structure is expanded, accessory off-street load-
ing spaces shall be provided in accordance with
the regulations of this division for the area of such
expansion.
(Code 1966, ~ 36-1001(1))
Sec. 42-562. Standards for required off-street
loading.
(a) Location. All required loading spaces or
berths shall be located on the same lot as the use
served. All motor vehicle loading berths which
abut or are adjacent to a residential district shall
2541
~ 42-562
SALINA CODE
be completely screened therefrom by building
walls, or a uniformly painted solid fence, wall or
door, or any combination thereof, not less than six
(6) feet or more than eight (8) feet in height. No
permitted or required loading space or berth shall
be located within forty (40) feet of the nearest
point of intersection of any two (2) streets or
highways.
(b) Area. Unless otherwise specified, a required
off-street loading space or berth shall be ten (10)
feet in width by at least twenty-five (25) feet in
length, exclusive of aisle and maneuvering space,
and shall have a vertical clearance of at least
fourteen (14) feet.
(c) Access. Each required off-street loading space
or berth shall be designated with appropriate
means of vehicular access to a street, highway or
alley in a manner which will least interfere with
traffic movement.
(d) Surfacing. All open off-street loading shall
be improved with a compacted select gravel base,
not less than seven (7) inches thick, surfaced with
an all-weather material.
(e) Repair and service. No motor vehicle repair
work or service of any kind shall be permitted in
conjunction with any off-street loading facilities.
(f) Utilization. Space allocated for any off-
street loading berth shall not, while so allocated,
be used to satisfy the space requirements for any
off-street parking facilities or portions thereof.
(g) Minimum facilities. Uses for which off-
street loading facilities are required by this sec-
tion but which are located in buildings that have
a floor area that is less than the minimum above
which off-street loading facilities are required,
shall be provided with adequate receiving facili-
ties, accessible by motor vehicle, from any adja-
cent alley, service drive, or open space on the
same lot.
(Code 1966, ~ 36-1001(2))
Sec. 42-563. Off-street loading berth require-
ments.
(a) No off-street loading facilities are required
in any residential district, except that elementary
and intermediate schools shall provide at least
Supp. No. 11
one (1) loading space for passenger automobiles
for each fifty (50) students based upon the de-
signed maximum capacity of the school.
(b) On the same lot with every building, or part
thereof, erected hereafter in any commercial or
industrial district, there shall be provided on the
lot adequate space for motor vehicles to load and
unload in order to avoid interference with the
public streets or alleys. Such space shall include
the following minimum off-street loading spaces:
(1) For banks, medical and dental clinics, and
business and professional offices: one (1)
loading berth shall be provided for each
building that contains one thousand (1,000)
to one hundred thousand (100,000) square
feet of gross floor area, and for each addi-
tional one hundred thousand (100,000)
square feet of gross floor area or fraction
thereof up to five hundred thousand
(500,000) square feet, one (1) additional
loading berth shall be provided, plus one
(1) additional loading berth for each addi-
tional five hundred thousand (500,000)
square feet of gross floor area, or any
fraction thereof, in excess of five hundred
thousand (500,000) square feet.
(2) For amusement establishments, bowling
alleys, pool halls, dance halls, gymnasi-
ums, indoor and outdoor theatres, swim-
ming pools, skating rinks and other similar
amusement establishments: one (1) load-
ing berth shall be provided for each build-
ing that contains one thousand (1,000) to
one hundred thousand (100,000) square
feet of gross floor area, and for each addi-
tional one hundred thousand (100,000)
square feet of gross floor area, or any
fraction thereof, one (1) additional loading
berth shall be provided.
(3) For hotels and motels, meeting halls, ser-
vice and fraternal clubs and lodges, funeral
parlors and mortuaries: one (1) loading
berth shall be provided for buildings con-
taining one thousand 0,000) to one hun-
dred fifty thousand (150,000) square feet of
gross floor area, plus one (1) additional
loading berth for each additional one hun-
dred fifty thousand (150,000) square feet of
2542
ZONING REGULATIONS
e
gross floor area, or fraction thereof. Each
such loading berth for buildings in excess
of twenty thousand (20,000) square feet of
gross floor area shall not be less than ten
(10) feet in width by sixty (60) feet in
length.
For all other uses in the C-1 through C-6
districts, except mini-warehouses which re-
quire none, loading facilities shall be pro-
vided in accordance with the following ta-
ble:
.
(4)
Gross Floor
Area of Structure
in Square Feet
1,000 to 9,999
10,000 to 24,999
25,000 to 39,999
40,000 to 100,000
Required Number
and Size of
Loading Berths
1 (10 feet by 25 feet each)
2 (10 feet by 25 feet each)
2 (10 feet by 60 feet each)
3 (10 feet by 60 feet each)
e
For each additional two hundred thousand
(200,000) square feet of gross floor area, or
any fraction thereof, over one hundred thou-
sand (100,000) square feet of gross floor
area, one (1) additional loading berth shall
be provided. Each such additional loading
berth shall be at least ten (10) feet in width
by sixty (60) feet in length.
For all uses in the 1-1, 1-2, and 1-3 indus-
trial districts, except mini-warehouses which
require none, loading facilities shall be
provided in accordance with the following
table:
(5)
Gross Floor
Area of Structure
in Square Feet
Required Number
and Size of
Loading Berths
1 (10 feet by 25 feet each)
1 (10 feet by 60 feet each)
2 (10 feet by 60 feet each)
1,000 to 9,999
10,000 to 39,999
40,000 to 100,000
.
For each additional one hundred thousand
(100,000) square feet of gross floor area, or
any fraction thereof, one (1) additional load-
ing berth shall be provided. Each such
additional berth shall be at least ten (10)
feet in width and sixty (60) feet in length.
(Code 1966, * 36-1001(3))
e
Sees. 42-564--42-575. Reserved.
Supp. No. 11
~ 42-577
ARTICLE XII. NONCONFORMING USES,
BULK AND SIGNS
Sec. 42-576. Applicability.
This article applies only to lots, buildings, struc-
tures, signs and nonbuilding uses in existence on
February 14, 1977. The lawful use of any prem-
ises existing on February 14, 1977 may be contin-
ued as hereinafter provided although neither such
use nor bulk conforms to this chapter.
(Code 1966, * 36-1100)
Sec. 42-577. Nonconforming lots of record.
(a) In residential districts:
(1)
In any residential district, notwithstand-
ing the regulations imposed by any other
provision of this chapter, a single-family,
detached dwelling which complies with the
restrictions in subsection (a)(2) may be
erected on a lot that is not less than twenty-
five (25) feet in
2543
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ZONING REGULATIONS
width and that consists entirely of a tract of
land that:
a. Has less than the prescribed minimum
lot area, width or depth, or all three (3);
and that
b. Is shown by a recorded plat or deed to
have been owned separately and individ-
ually from adjoining tracts of land at a
time when the creation of a lot of such
size and width at such location would not
have been prohibited by any zoning or-
dinance; and
c. Has remained in separate and individ-
ual ownership from adjoining tracts of
land continuously during the entire time
that the creation of such lot has been
prohibited by the applicable zoning or-
dinance or ordinances.
(2) Construction permitted by subsection (aXl)
shall comply with all of the regulations (ex-
cept lot area, width and depth) applicable to
single-family dwellings in the zoning district
in which the lot in question is located; pro-
vided, however, that the following side yard
requirements shall apply in place of the side
yard requirements otherwise applicable:
a. The dwelling shall be placed on the lot so
as to provide a yard on each side of the
dwelling.
b. The sum of the widths of the two (2) side
yards on each lot shall be not less than
the smaller of:
1. Twenty-five (25) percent of the width
of the lot; or
2. The minimum total for both side yards
prescribed by the bulk regulations
for said zoning district.
c. No side yard shall be less than ten (10)
percent of the width of the lot, and in no
case less than three (3) feet.
(b) In districts other than residential districts:
(1) In any district other than a residential dis-
trict, notwithstanding the regulations imposed
by any other provision of this chapter, a build-
fi 42-578
ing designed for any permitted use may be
erected on a lot of the type described in sub-
section (a).
(2) Construction permitted by subsection (bX1)
shall comply with all of the regulations (ex-
cept lot area, width and depth) applicable in
the zoning district in which the lot in ques-
tion is located; provided, however, that the
width of any side yard need not be greater
than that derived by applying the following
formula (wherein the width of any side yard
required = x):
Minimum side yard
required by district
x regulations
Actual lot width = Minimum lot width
required by district
regulations
(Code 1966, ~ 36-1101)
Sec. 42-578. Nonconforming structures.
(a) Authority to continue. Any structure which
is devoted to a use which is permitted in the
zoning district in which it is located, but which is
located on a lot which does not comply with the
applicable lot size requirements and/or the appli-
cable bulk regulations, may be continued, so long
as it remains otherwise lawful, subject to the re-
strictions in subsection (b) through (d).
(b) Enlargement, repair, alterations. Normal main-
tenance and repairs, structural alterations, enlarge-
ment, or remodeling of a building or structure
with nonconforming bulk is permitted if the same
does not increase the degree of existing noncon-
formity or create any new nonconforming bulk in
such building or structure, except that as to struc-
tures located on a lot that does not comply with
the applicable lot size requirement, the side yard
requirements shall be determined by section
42-577(aX2) or 42-577(bX2), whichever is applicable.
(c) Damage or destruction. No buildings or struc-
tures occupied by a nonconforming use or noncon-
forming as to bulk, destroyed or damaged by fire
or other causes to the extent of fifty (50) percent
or more of last full value as shown by the asses-
sor's records, excluding the assessed valuation of
2545
~ 42-578
SALINA CODE
the land, shall be repaired or rebuilt except in
conformity with this chapter, provided that struc-
tures located on a lot that does not comply with
the applicable lot size requirements shall not in
any event be required to provide a side yard that
exceeds the yard requirements in section 42-
577(aX2) or 42-577(bX2), whichever is applicable.
Any building, structure or any part thereof occu-
pied by a nonconforming use or nonconforming as
to bulk which is damaged to an extent less than
fifty (50) percent oflast full value as shown by the
assessor's records, excluding the assessed valua-
tion of the land, may be repaired or restored pro-
vided that a zoning certificate is obtained and
substantial reconstruction is undertaken within
one (1) year after such damage and is diligently
pursued to completion. Otherwise such building,
structure or part thereof shall thereafter be occu-
pied only by a conforming use, and shall conform
to the bulk requirements of this chapter.
(d) Moving. No structure described in subsec-
tion (a) shall be moved in whole or in part for any
distance whatever, to any other location on the
same or any other lot unless the entire structure
shall thereafter conform to the regulations of the
zoning district in which it is located after being
moved. (Code 1966, ~ 36-1102)
Sec. 42-579. Nonconforming uses.
(a) Authority to continue. Any lawfully exist-
ing nonconforming use or part or all of a struc-
ture or any lawfully existing nonconforming use
of land, not involving a structure or only involv-
ing a structure which is accessory to such use of
land, may be continued, so long as otherwise law-
ful, subject to the regulations contained in sub-
sections (b) through (i) and section 42-58(d).
(b) Repair, maintenance and remodeling:
(1) Normal maintenance and incidental repair,
or replacement, installation or relocation of
nonbearing walls, nonbearing partitions, fix-
tures, wiring or plumbing, may be performed
on any structure that is devoted in whole or
in part to a nonconforming use; provided, how-
ever, that it does not extend the nonconform-
ing use or violate any other provisions of this
article.
(2) Nothing in this chapter shall be deemed to
prevent the strengthening or restoring to a
safe condition of a structure in accordance
with an order of a public official who is charged
with protecting the public safety and who
declares such structure to be unsafe and or-
ders its restoration to a safe condition (where
such restoration will not be in violation of
any other provision of this article).
(3) No structure that is devoted in whole or in
part to a nonconforming use shall be remod-
eled unless the entire structure and use thereof
shall therafter conform to all regulations of
the zoning district in which it is located.
(c) Extension or enlargement. No structure that
is devoted in whole or in part to a nonconforming
use shall be extended, expanded, enlarged or added
to in any manner unless such structure and the
use thereof conform to the regulations of the dis-
trict in which it is located. Such prohibited activi-
ties shall include without being limited to:
(1) Extension of such use to any structure or
land area other than one occupied by such
nonconforming use on February 14, 1977 (or
on the effective date of a subsequent amend-
ment hereto that causes such use to become
nonconforming).
(2) Extension of such use within a building or
other structure to any portion of the floor
area that was not occupied by such noncon-
forming use on February 14, 1977 (or on the
effective date of a subsequent amendment
hereto that causes such use to become non-
conforming); provided, however, that such use
may be extended throughout any part of such
building or other structure that was lawfully
and manifestly designed or arranged for such
use on such date.
(d) Damage or destruction. No building or struc-
ture occupied by a nonconforming use or noncon-
forming as to bulk, destroyed or damaged by fire
or other causes to the extent of fifty (50) percent
or more of last full value as shown by the asses-
sor's records, excluding the assessed valuation of
the land, shall be repaired or rebuilt except in
conformity with these regulations; provided that
2546
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.
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.
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ZONING REGULATIONS
structures located on a lot that does not comply
with the applicable lot size requirements shall not
in any event be required to provide a side yard
that exceeds the yard requirements in section 42-
577(a)(2) or 42-577(b)(2), whichever is applicable.
Any building, structure or any part thereof occu-
pied by a nonconforming use or nonconforming as
to bulk, which is damaged to an extent less than
fifty (50) percent oflast full value as shown by the
assessor's records, excluding the assessed valua-
tion of the land, may be repaired or restored pro-
vided that a zoning certificate is obtained and sub-
stantial reconstruction is undertaken within one
year after such damage and is diligently pursued
to completion. Otherwise such building, structure
or part thereof shall thereafter be occupied only
by a conforming use, and shall conform to the
bulk requirements of these regulations.
(e) Moving. No structure that is devoted in
whole or in part to a nonconforming use, shall be
moved in whole or in part for any distance what-
ever, to any other location on the same or any
other lot, unless the entire structure and the use
thereof shall thereafter conform to all regulations
of the zoning district in which it is located after
being so moved. No nonconforming use of land
shall be moved in whole or in part for any dis-
tance whatever, to any other location on the same
or any other lot, unless such use shall thereafter
conform to all regulations of the zoning district in
which it is located after being so moved.
(f) Change in use. If no structural alterations
are made, a nonconforming use of a building may
be changed to another nonconforming use of a
more restricted classification. A nonconforming
use, if changed to a conforming use or a more
restrictive nonconforming use, may not thereafter
be changed back to a less restricted use than that
to which it was changed.
(g) Abandonment or discontinuance:
. (1) When a nonconforming use of land, not in-
volving a structure, or involving only a
structure which is accessory to the noncon-
forming use ofland, is discontinued or aban-
doned, for a period of twelve (12) consecu-
tive months (regardless of any reservation
of an intent not to abandon or to resume
such use), such use shall not thereafter be
Supp. No.8
~ 42-579
reestablished or resumed, and any subse-
quent use or occupancy of such land shall
comply with the regulations of the zoning
district in which such land is located.
(2) When a nonconforming use of a part or all
of a structure which was designed and in-
tended for a use which is permitted in the
zoning district in which such structure is
located, regardless of how it was originally
used or is presently being used, is discon-
tinued or abandoned for a period of twelve
(12) consecutive months (regardless of any
reservation of an intent not to abandon or
to resume such use), such use shall not
thereafter be reestablished or resumed, and
any subsequent use or occupancy of such
structure shall comply with the regulations
of the zoning district in which such struc-
ture is located.
(3) When a nonconforming use of a part or all
of a structure which was not designed and
intended for any use which is permitted in
the zoning district in which such structure
is located, regardless of how it was origi-
nally used or is presently being used, is dis-
continued or abandoned for a period of
twenty.four (24) consecutive months (re-
gardless of any reservation of an intent not
to abandon or to resume such use), such use
shall not thereafter be reestablished or re-
sumed, and any subsequent use or occu.
pancy of such structure shall comply with
the regulations of the zoning district in
which such structure is located.
(h) Nonconforming accessory use& No use which
is accessory to a principal nonconforming use shall
continue after such principal use shall cease or
terminate.
(i) Nonconforming residential use& Notwithstand-uing the provisions ~f subsections (b) and (c), any
structure which is devoted to a residential use
and which is located in a commercial or indus-
trial district, may be remodeled, extended, expanded
and enlarged; provided that after any such re-
modeling, extension, expansion or enlargement,
such structure shall not be used to accommodate
a greater number of dwelling or lodging units
2547
f 42-579
SALINA CODE
than such structure accommodated prior to any
such work.
G) Status of newly created nonconforming uses.
Notwithstanding the provisions of subsections (c)
and (d), any structure which is devoted in whole
or in part to a use which is made nonconforming
by the enactment of this chapter, may be remod-
eled, extended, expanded, enlarged, repaired, or
rebuilt; provided, however that the provisions of
this section apply only to the use which existed on
February 14, 1977. (Code 1966, ~ 36-1103; Ord.
No. 83-8957, ~ I, 3-21-83)
Sec. 42-580. Status of conditional uses.
(a) Status of existing conditional uses. Where a
use exists on February 14,1977, and is permitted
only as a conditional use in the zoning district in
which it is located, such use shall not be deemed
to be a nonconforming use, but shall, without fur-
ther action, be deemed a lawful conforming use in
such zoning district.
(b) Status of future conditional uses. Any use
for which a conditional use permit has been is-
sued as provided in article XIII of this chapter
shall not be deemed to be a nonconforming use,
but shall, without further action, be deemed a
lawful conforming use. (Code 1966, ~ 36-1104)
Sec. 42.581. Nonconforming signs.
(a) When deemed nonconforming; exception. All
existing signs which are not specifically permitted
or which do not comply with all of the provisions
of this chapter for the zoning district in which
they are located as of April 17, 1990, shall be
considered nonconforming signs. Provided, how-
ever, theatre marque signs in existence on April
17, 1990, and located in the C-4 district shall be
deemed lawfully conforming signs, except for re-
quirements pertaining to safety, structural integ.
rity, and maintenance and shall not be subject to
the abandonment requirements set forth in sec-
tion 42-510.
(b) Repairs and damage. Nonconforming signs
may not, after February 14, 1977, be enlarged,
structurally altered or extended unless such sign
shall be made to comply with all of the provisions
of this chapter, except that normal repairs and
Supp. No.8
repainting of nonconforming signs are permitted.
When a permanent nonconforming sign is destroyed
or damaged by 'any means to the extent of fifty
(50) percent or more of its present day replace-
ment value, it shall not thereafter be restored
unless such sign shall be made to conform to all of
the provisions of this chapter.
(c) Removal of nonconforming signs. Any sign
that does not conform to the sign regulations for
the zoning district in which it is located shall be
removed in accordance with the following schedule:
(1) A sign having a total area of twenty-four (24)
square feet or less which is located in any
residential district shall be removed within
two (2) years from the date such sign became
nonconforming with respect to this chapter.
(2) All other signs located in any residential dis-
trict shall be removed within four (4) years
from the date such sign became nonconform-
ing with respect to this chapter.
(d) Nonconforming open storage yards, outdoor
display or junk yards. Any nonconforming open
storage yard, outdoor display or junk yard or any
other nonconforming uses of land, not involving a
structure or involving only structures which are
accessory to such use of land shall be discontinued
or made to conform to the regulations of the zoning
district in which located within two (2) years from
the date such use became nonconforming with re-
spect to these regulations. However, no such use
shall be required to terminate if within the period
it shall be located within a completely enclosed
building or surrounded by a solid fence screening
the stored goods or materials from general view.
(Code 1966, ~ 36-1105; Ord. No. 90-9381, ~~ 6, 9,
5-14-90)
Sees. 4U82-42-595. Reserved.
2548
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ZONING REGULATIONS
A 42.596
ARTICLE XIII. ADMINISTRATIVE
PROVISIONS.
Sec. 42-596. Enforcement.
(a) Enforcement officer. This chapter shall be
enforced by a zoning administrator who shall be
appointed by the city manager and who shall be
authorized to expend such funds, employ deputies
and clerical assistants, and to carry out his duties
under this chapter as shall be approved from time
to time by the city as follows:
(1) Approve and issue all zoning and occupancy
certificates and make and maintain records
thereof;
*ero.. relerence-Adminiatration pnerall)'. Ch. 2.
Supp. No.8
2548.1.
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ZONING REGULATIONS
(2) Conduct inspections of buildings, structures,
and uses of land to determine compliance with
the provisions of this chapter;
(3) Receive, file and forward to the board of zon-
ing appeals the records of all appeals and all
applications for conditional uses and variances;
(4) Maintain permanent and current records of
the zoning regulations, including but not lim-
ited to, all zoning maps, amendments, special
uses, variances, appeals and applications thereof
and records of hearings thereon;
(5) Prepare and have available in book, pamphlet
or map form, on or before March thirty-first
of each year:
a. The compiled text of the zoning regula-
tions and amendments thereto, including
all amendments adopted through the pre-
ceding December thirty-first; and
b. A zoning map or maps, showing the zon-
ing districts, divisions and classifications
in effect on the preceding December thirty-
first.
(6) Maintain a supply of copies of the compiled
text of the zoning regulations, and the rules
of the board of zoning appeals. A fee for each
copy shall be charged to defray the cost of
printing;
(7) Provide such clerical, technical and consulta-
tive assistance as may be required by the
board of zoning appeals and other boards,
commissions and officials in the exercise of
their duties relating to this chapter;
(b) Zoning certificates and certificates of occu-
pancy granted only in conformance with regulations:
(1) Zoning certificates. Unless a zoning certificate
shall first have been obtained from the office
of the zoning administrator:
a. The construction, building, moving, re-
modeling or reconstruction of any struc-
ture shall not be commenced;
b. Permits pertaining to the use of land or
structures shall not be issued by any other
official, officer, employee, department,
board or bureau of the city;
Supp. No.7
~ 42.596
c. Any zoning certificate issued in conflict
with these regulations shall be null and
void.
(2) Occupancy certificates. No structure or addi-
tion thereto constructed, built, moved, remod-
eled or reconstructed after February 14, 1977,
shall be occupied or used for any purpose;
and no land vacant on February 14, 1977,
shall be used for any purpose; and no use of
any land or structure shall be changed to any
other use, unless an occupancy certificate shall
first have been obtained from the office of the
zoning administrator certifying that the pro-
posed use or occupancy complies with all the
provisions of this chapter.
(c) Zoning certificate:
(1) Application for zoning certificate. Every ap-
plication for a zoning certificate shall be ac-
companied by a plot plan, in duplicate, drawn
to scale and in such form as may, from time
to time, be prescribed by the zoning administra-
tor, showing the location, ground area, height,
and bulk of all present and proposed struc-
tures, drives and parking lots, the building
lines in relation to lot lines, waste disposal
areas, the use to be made of such present and
proposed structures on the land, and such
other information as may be required by the
zoning administrator for the proper enforce-
ment of this chapter. One copy of the plot
plan shall be retained by the zoning adminis-
trator as a public record.
(2) Issuance of zoning certificate. A zoning certif-
icate shall be either issued or refused by the
zoning administrator within ten (10) days after
the receipt of an application thereof or within
such further period as may be agreed to by
the applicant. When the zoning administra-
tor refuses to issue a zoning certificate, he
shall advise the applicant in writing of the
reasons for the refusal.
(3) Period of validity. A zoning certificate shall
become null and void four (4) months after.
the date on which it is issued unless within
such four (4) month period construction, build-
ing, moving, remodeling or reconstruction of
2549
~ 42-596
SALINA CODE
a structure is commenced or a use is com-
menced.
(d) Occupancy certificate:
(1) Application for occupancy certificate. Every
application for a zoning certificate shall be
deemed to be an application for an occupancy
certificate. Every application for an occupancy
certificate for a new or changed use of land or
structures where no zoning certificate is re-
quired shall be filed with the office of the
zoning administrator and be in such form
and contain such information as the zoning
administrator shall provide by general rule.
(2) Issuance of occupancy certificate. No occupancy
certificate for a structure or addition thereto
constructed, built, moved, remodeled or re-
constructed after February 14, 1977 shall be
issued until such work has been completed
and the premises inspected and certified by
the office of the zoning administrator to be in
full and complete compliance with the plans
and specifications upon which the zoning cer-
tificate was issued. No occupancy certificate
for a new use of any structure or land shall
be issued until the premises have been in-
spected and certified by the office of the zon-
ing administrator to be in full and complete
compliance with all the applicable regulations
for the zoning district in which it is located.
Pending the issuance of a permanent occu-
pancy certificate, a temporary occupancy cer-
tificate may be issued to be valid for a period
not to exceed six (6) months from its date
pending the completion of any addition or
during partial occupancy of the premises. An
occupancy certificate shall be issued, or writ-
ten notice shall be given to the applicant stat-
ing the reasons why a certificate cannot be
issued, within ten (10) days after the receipt
of an application thereof, or after the office of
the zoning administrator is notified in writ-
ing that the structures or premises are ready
for occupancy. (Code 1966, ~ 36-1200)
Sec. 42-597. Board of zoning appeals.
(a) Authorization. The board of zoning appeals
for the City of Salina is hereby established in
accordance with K.S.A. 12-714.
Supp. No.7
(b) Membership. The board shall consist of seven
. (7) members who shall be appointed by the mayor
with the approval of the board of city commis-
sioners. All members shall be residents of the
city. None of the members appointed shall hold
any other elected or appointed office or position
in the city government, except that one member
shall be a member of the planning commission.
(c) Power and duties. The board shall have the
power to:
(1) Hear and decide appeals where it is alleged
there is an error in any order, requirement,
decision or determination made by the zon-
ing administrator in the enforcement of the
zoning regulations. The board may reverse or
may modify the order, requirement, decision
or determination and to that end shall have
all the powers of the administrative official
from whom the appeal is taken.
(2) Authorize in specific cases a variance from
the specific terms of these zoning regulations
which shall not be contrary to the public in-
terest where, due to special conditions, a lit-
eral enforcement of the provisions of the reg-
ulations will result in unnecessary hardship
for the applicant. The board shall be limited
to granting variances on matters including,
but not limited to, building height, setbacks,
lot size and lot coverage, as provided by the
zoning regulations. A request for a variance
may be granted after a public hearing upon a
finding by the board that all of the following
conditions have been met:
a. The variance requested arises from such
condition which is unique to the prop-
erty in question and which is not ordi-
narily found in the same zone or district,
and is not created by an action or actions
of the property owner or applicant.
b. The granting of the permit for variance
will not adversely affect the rights of ad-
jacent property owners or residents.
c. The strict application of the provisions of
the zoning regulations from which the
variance is requested will constitute an
unnecessary hardship upon the property
owner represented in the application.
2550
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ZONING REGULATIONS
d. The variance requested will not adversely
affect the public health, safety, morals,
order, convenience, prosperity, or general
welfare.
e. Granting the variance desired will not
be opposed to the general spirit and in-
tent of the zoning regulations.
(3) In permitting a variance, the board may im-
pose appropriate conditions and safeguards
including, but not limited to, planting screens,
fencing, construction commencement and com-
pletion dates, lighting, road access restrictions,
parking requirements or any other require-
ment which the board deems appropriate under
the circumstances, upon a finding that they
are necessary to fulfill the purpose and in-
tent of the zoning regulations.
(4) The board is not authorized to issue the fol-
lowing types of variances:
a. A variance which would allow a use not
otherwise permitted in the zoning district.
b. A variance to a zoning ordinance definition.
c. A variance to expand or enlarge a non-
conforming use.
d. A variance that would increase residen-
tial density above the maximum allowed
in a zoning district.
e. A variance that would create a zero lot
line setback.
f. A variance to the owner of a substandard
lot where such lot was created in viola-
tion of the zoning regulations.
g. A variance that would increase the num-
ber of permitted signs on a zoning lot.
(d) Commencement of proceeding before the board
(1) Appeals.
a. By whom: Appeals to the board may be
taken by any person aggrieved, or by any
officer, department, or board of the city,
or any governmental agency or body af-
fected by any decision or interpretation
of the zoning administrator. Such appeal
shall be filed with the secretary of the
board within thirty (30) days from the
Supp. No.7
~ 42.597
date of the decision by the zoning admin-
istrator, and such appeal shall specify, in
writing, the grounds for appeal of the
administrator's decision. The zoning admin-
istrator, when notified by the board of
zoning appeals, shall transmit to the board
all the papers constituting the record upon
which the action appealed from was taken,
within the time period established by the
rules of the board.
b. Effect of appeal: An appeal stays all pro-
ceedings in furtherance of the action ap-
pealed from, including a permittee's right
to proceed with development or other ac-
tivities under a building permit, the is-
suance of which is a subject of the appeal.
(2) Variances. Any person may apply to the board
for a variance by filing an application with
the secretary of the board. The application
shall include the following:
a. The name, address, telephone number and
signature of the property owner and
applicant.
b. The name and address of the architect,
professional engineer or contractor, if any.
c. A site plan of the property showing the
following:
1. Property lines of the subject property.
2. Size and location of existing struc-
tures and the distance between all
existing and proposed structures on
the property.
3. Setbacks for all existing and proposed
structures on the property.
4. Any other dimension and/or informa-
tion that may be relevant to the
request.
d. A surveyor verification that property
and structure dimensions on the site plan
are correct.
e. The names and addresses of the record
owners of all property adjoining the prop-
erty in question.
f. A narrative statement of how the statu-
tory requirements in K.S.A. 12-715 are
met.
2551
~ 42.597
SALINA CODE
(3) Representation. An applicant must appear in
person at the public hearing, or be represented
by an agent or attorney, in order for the board
to act on the application.
(e) Written decisions. The board shall render
its decision and findings in writing within thirty
(30) days of the conclusion of the hearing. Deci-
sions shall be filed in a public office designated by
the board of commissioners and shall be a public
record.
(t) Dissatisfaction with the determination of the
board. Any person, official or governmental body
dissatisfied with any order or determination of
the board of zoning appeals may bring an action
in district court to determine the reasonableness
of any such order or determination. (Code 1966, ~
36-1201; Ord. No. 88.9244, ~ 1, 4.11-88)
Cross references-Administration, Ch. 2; boards and com.
missions generally, ~ 2.136 et seq.
Sec. 42-597.1. Administrative variance.
(a) Authorization. If an applicant's variance re-
quest is within fifteen (15) percent of the munici-
pal requirements of the zoning regulations, the
applicant may apply for an administrative vari.
ance from the zoning administrator. In order to
grant such a variance, the zoning administrator
shall use the same criteria as the board of zoning
appeals. The applicant must demonstrate that his
application satisfies the statutory requirements
of K.S.A. 12-15, and in addition, an administra-
tive variance can only be granted with the con-
sent of adjoining property owners.
(b) Application procedure. An application for
an administrative variance shall be filed with the
office of the zoning administrator. The applica.
tion submission requirements shall be the same
as for a variance request to the board of zoning
appeals, with the following additional requirements:
(1) After a completed application is submitted,
the zoning administrator shall prepare a sig-
nature sheet and map of adjoining properties
for the applicant.
(2) The applicant must obtain the signatures of
all property owners listed on the sheet.
(3) After return of the completed signature sheet,
the zoning administrator may issue a certifi.
Supp. No.7
cate for an administrative variance if it meets
the required statutory conditions.
(c) Appeals to the board of zoning appeals. If an
adjoining property owner refuses to sign the sig-
nature sheet or if the zoning administrator re-
fuses to grant an administrative variance request,
the applicant may still make application to the
board of zoning appeals for the variance. (Ord.
No. 88-9244, ~ 2,4-11-88)
Sec. 42-597.2. Conditional use permits.
(a) Authorization. It is recognized that certain
uses may be desirable when located in the com-
munity, but that these uses may be incompatible
with other uses permitted in a zoning district and
may possess characteristics of such unique and
special nature relative to location, design, size,
method of operation, circulation and public facili.
ties that each specific use must be considered
individually. Therefore, the planning commission
may authorize, as an exception to the provisions
of this chapter, the establishment of those condi-
tional uses that are expressly authorized to be
permitted as a conditional use in a particular
zoning district or in one or more zoning districts.
No conditional use shall be authorized as an ex-
ception to this chapter unless the planning com-
mission is specifically authorized by this chapter
to grant such conditional use and unless such
grant complies with all the applicable provisions
of this chapter.
(b) Application for conditional use permit. An
application for a conditional use permit shall be
filed with the office of the zoning administrator
who shall forward a copy to the secretary of the
planning commission. The application shall con.
tain the following information:
(1) The name, address, telephone number and
signature of the property owner and applicant.
(2) The name and address of the architect, pro-
fessional engineer or contractor, if any.
(3) Description of existing use and/or zoning.
(4) A narrative description of the proposed con-
ditional use.
(5) A site plan of the property showing the
following:
2552
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ZONING REGULATIONS
a. Property lines and building setbacks of
the subject property.
b. Size and location of all existing and pro-
posed structures on the property.
c. Parking and loading areas.
d. Vehicular access and circulation.
e. Existing and proposed signs.
f. Refuse and service areas.
g. Utilities and drainage ways.
h. Open spaces, landscaping, screening and
fencing.
i. Such other information as the planning
commission may require to determine if
the proposed conditional use meets the
intent and requirements of this chapter.
(6) A surveyor verification that property and
structure dimensions on the site plan are
correct.
(7) The names and addresses of the record own-
ers of all property located within two hun-
dred (200) feet of the property in question.
(c) Hearing on conditional use permits. A pub-
lic hearing on the conditional use permit applica-
tion shall be held and notice thereof given as
provided in K.S.A. 12-708 and section 42-24 of
this chapter.
(1) Review. The planning commission shall re-
view all applicable evidence regarding the
site, existing and proposed structures, neigh-
boring uses, parking areas, driveway locations,
street access, traffic generation and circula-
tion, utilities, drainage, the proposed opera-
tion, and such other evidence as deemed
appropriate.
(2) Standards. The planning commission shall
not grant a conditional use permit unless it
shall, in each specified case, make specific
written findings of fact directly based upon
the particular evidence presented to it, that
support all of the following conclusions:
a. The proposed conditional use complies with
all applicable regulations of this chapter,
including lot size requirements, bulk reg-
Supp. No.7
~ 42-597.2
ulations, use limitations, and performance
standards;
b. The proposed conditional use at the spec-
ified location will contribute to and pro-
mote the welfare or convenience of the
public;
c. The proposed conditional use will not cause
substantial injury to the value of other
property in the neighborhood in which it
is to be located;
d. The location and size of the conditional
use, the nature and intensity of the op-
eration involved or conducted in connec-
tion with it, and the location of the site
with respect to streets giving access to it
are such that the conditional use will not
dominate the immediate neighborhood so
as to prevent development and use of
neighboring property in accordance with
the applicable zoning district regulations.
In determining whether the conditional
use will so dominate the immediate neigh-
borhood, consideration shall be given to:
1. The location, nature and height of
buildings, structures, walls and fences
on the site; and
2. The nature and extent of landscap-
ing and screening on the site.
e. Off-street parking and loading areas will
be provided in accordance with the stand-
ards set forth in Article XI of this chap-
ter, and such areas will be screened from
adjoining residential uses and located so
as to protect such residential uses from
any injurious effect;
f. Adequate utility, drainage, and other such
necessary facilities have been or will be
provided;
g. Adequate access roads or entrance and
exit drives will be provided and shall be
so designed to prevent traffic hazards and
to minimize traffic congestion in public
streets and alleys.
(3) Conditions. In granting a conditional use per-
mit, the commission may impose appropriate
2552.1
~ 42-597.2
SALINA CODE
conditions and safeguards including but not
limited to planting screens, fencing, construc-
tion commencement and completion dates, light-
ing, operational controls, duration of a use,
improved traffic circulation, access restrictions,
parking. requirements, drainage facilities or
any other requirement which the commission
deems appropriate upon a finding that they
are necessary to fulfill the purpose and in-
tent of this chapter.
(d) Appeal to city commission. An applicant who
is dissatisfied with the decision of the planning
commission may appeal the decision to the board
of city commissioners, provided the appeal is sub-
mitted in writing to the office of the zoning ad-
ministrator within fourteen (14) days from the
planning commission's action. Upon receipt of an
appeal from the action of the planning commis-
sion, the board of commissioners shall set a hear-
ing date to consider all information, testimony
and minutes of the planning commission's public
hearing to reach a decision on the applicant's
request. The board of city commissioners may af-
firm the decision or return the application to the
planning commission for further consideration to-
gether with a statement specifying the basis for
their disagreement. Upon receipt of a second de-
cision from the planning commission, the board of
city commissioners may affirm, modify or over-
rule the decision of the planning commission. The
board of commissioners shall overrule the plan-
ning commission by a favorable vote of a majority
of the full board of commissioners.
(e) Protest. Affected property owners shall have
the same right to present a protest petition to the
city commission as property owners in rezoning
cases. The protest procedure shall be as provided
in K.S.A. 12-708 and section 42-26(b) of this chapter.
CO Period of validity. No conditional use permit
granted by the planning commission shall be valid
for a period longer than one hundred eighty (180)
days from the date in which the planning com-
mission grants the conditional use, unless within
such one hundred eighty (180) day period:
(1) A building permit is obtained and the erec-
tion or alteration of a structure is started; or
(2) An occupancy permit is obtained and a use
commenced.
Supp. No.7
The planning commission may grant one exten-
sion not exceeding one hundred eighty (180) days,
upon written application, without notice or hear-
ing. (Ord. No. 88-9244, ~ 3, 4-11-88)
Sec. 42-598. Fees.
Every application for a zoning certificate, occu-
pancy certificate, variance, conditional use per-
mit, or amendment, or the filing of a notice of
appeal shall be accompanied by such fee as shall
be specified from time to time, by ordinance of the
board of commissioners. (Code 1966, ~ 36-1202)
Sec. 42-599. Violations and penalties.
(a) Complaints of violations. Any person may
file a written complaint with the zoning adminis-
trator of an alleged violation of these regulations
stating fully the cases and basis for such viola-
tion. The zoning administrator shall record such
complaint, investigate it, and take appropriate
action as necessary.
(b) Notification. Whenever the zoning adminis-
trator has determined that any of the provisions
of the regulations have been or are being violat-
ed, he shall notify, in writing, the person respon-
sible for such violation, indicating the nature of
the violation and ordering the action necessary to
correct it. The zoning administrator may order:
(1) Discontinuance of any illegal use of land, build-
ings, or structures;
(2) Removal of illegal buildings, structures or
any additions or alterations thereto;
(3) Discontinuance of any illegal work being done;
or
(4) Take any other appropriate action authorized
by these or any other applicable regulations
to put an end to such violation.
(c) Penalties. Any person, firm, or corporation
who shall violate any of the provisions of these
regulations or fail to comply with any order or
regulation, or who shall build in violation of any
specifications or plans submitted and approved,
or any certificate or permit issued thereunder,
shall, for each and every violation and noncom-
pliance respectively be deemed guilty of a mis-
demeanor. Upon conviction thereof, the person,
2552.2
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ZONING REGULATIONS
~ 42-616
.
firm, or corporation shall be fined in a sum of not
less than fifty dollars ($50.00) nor more than five
hundred dollars ($500.00) for each offense. Each
and every day a violation is permitted to exist
after notification thereof shall be deemed a sepa-
rate offense.
(d) Remedies. In the event that any building,
structure or sign is constructed, reconstructed,
relocated, or maintained; or any building, struc-
ture, sign or land is used in violation of these
regulations, an appropriate action or proceeding
in law or equity may be instituted in the name of
the City of Salina, to prevent such unlawful
development, construction, reconstruction, alter-
ation, relocation, maintenance or use, or to re-
strain, abate, enjoin or correct such violation, to
prevent the occupancy of such building, structure
or land or to prevent any illegal acts, conduct,
business or use in and about the premises. These
remedies shall be in addition to the penalties in
subsection (c) above.
(Code 1966, ~ 36-1203; Ord. No. 88-9245, * 1,
4-11-88)
e
Sec. 42-600. Interpretation, conflict and sep-
arability.
(a) Interpretation. In their interpretation and
application, the provisions of this chapter shall be
considered to be the minimum requirements for
the protection and promotion of the public health,
safety and welfare.
(b) Conflict with public and private provisions:
(1) Public provisions. The provisions of this
chapter are not intended to interfere with,
abrogate or annul any other law, ordi-
nance, resolution, rule or regulation; where
any provision of this chapter imposes re-
strictions different from those imposed by
any other statute, ordinance, resolution,
rule, regulation or other provision of law,
whichever provisions are more restrictive,
or impose higher standards, shall control.
(2) Private provisions. This chapter is not
intended to abrogate, annul or otherwise
interfere with any easement, covenant or
any other private agreement or restric-
tion, provided, however, that where this
chapter is more restrictive or imposes
.
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Supp. No. 15
higher standards or requirements than
such easements, covenants, private agree-
ments or restrictions, the requirements of
this chapter shall govern.
(c) Separability. If any part or provision of this
chapter or application thereof to any person or
circumstances is adjudged invalid by any court of
competent jurisdiction, such judgment shall be
confined in its operation to the part, provision or
application directly involved in the controversy in
which such judgment shall have been rendered
and shall not affect or impair the validity of the
remainder of this chapter or its application to
other persons or circumstances. The city hereby
declares that it would have enacted the remain-
der of this chapter even without any such part,
provision or application.
(Code 1966, * 36-1204)
Sec. 42-601. Savings provision.
This chapter shall not be construed as abating
any action now pending under prior existing
zoning regulations, or as discontinuing, abating,
modifying or altering any penalty accruing or to
accrue, or as affecting the liability of any person
or as waiving any rights of the city under any
provision existing on February 14, 1977 or as
vacating or annulling any rights obtained by any
person by lawful action of the city, except as shall
be expressly provided for in this chapter.
(Code 1966, * 36-1205)
Sec. 42-602. Reservations and repeals.
Upon the adoption of this chapter, Ordinance
Number 6613 of Salina, adopted April 11, 1962, as
amended, is hereby repealed, except as to such
sections expressly retained herein.
(Code 1966, * 36-1206)
Sees. 42-603-42-615. Reserved.
ARTICLE XIv.. DEFINITIONS.
Sec. 42-616. Generally.
(a) For the purposes of this chapter, certain
numbers, abbreviations, terms and words used
herein shall be used, interpreted and defined as
.Cross reference-Definitions and rules of construction
generally, ~ 1-2.
2553
~ 42-616
SALINA CODE
set forth in this article. Any word or phrase which
is defined in this article, or elsewhere in this
chapter, shall have the meaning as so defined
whenever the word or phrase is used in this
chapter, unless such definition is expressly lim-
ited in its meaning or scope.
(b) Unless the context clearly indicates to the
contrary:
(1) Words used in the present tense include
the future tense; words used in the singu-
lar number include the plural; and words
used in the plural number include the
singular.
(2) The word "shall" is always mandatory
and the word "may" is always permissive.
(3) The word "person" includes individuals,
corporations, partnerships, associations,
governmental bodies, agencies, and all
other legal entities.
(4) The words "used" or "occupied" as applied
to any land or building shall be construed
to include the words "intended, arranged
or designed to be used or occupied."
(5) The word "building" includes "structure"
and a building or a structure includes any
part thereof.
(6) The word "city" means the City of Salina.
(Code 1966, ~ 36-1300)
Sec. 42-617. Accessory.
"Accessory" is the term applied to a building,
structure or use which is clearly incidental or
subordinate to, and customary in connection with,
the principal building, structure or use, which is
located on the same plot with the principal build-
ing, structure or use, and which contributes to the
comfort, convenience or necessity of occupants,
business or industry in the principal building or
use served. Any accessory building or structure
attached to a principal building or structure is
deemed to be part of such principal building or
structure in applying the bulk requirements to
such building or structure.
(Code 1966, ~ 36-1301(1))
Supp. No. 15
Sec. 42-617.1. Adult-oriented business.
Adult-oriented business means an adult ar-
cade, adult entertainment business, adult media
or merchandise outlet, adult motion picture the-
ater or similar type of adult oriented business as
defined by City Code.
(Ord. No. 97-9828, ~ 1, 10-6-97; Ord. No. 00-9969,
~ 1, 2-14-00)
Sec. 42-618. Advertising sign.
See "sign, advertising."
(Code 1966, ~ 36-1301(2))
Sec. 42-618.1. Actuarial premium rates.
"Actuarial premium rates" are those rates es-
tablished by the administrator pursuant to indi-
vidual community studies and investigations which
are undertaken to provide flood insurance in
accordance with section 1307 of the act and the
accepted actuarial principles. "Risk premium rates"
include provisions for operating costs and allow-
ances.
(Ord. No. 86-9119, ~ 2, 2-3-86)
Sec. 42-619. Agriculture uses.
"Agriculture use" is the use of a tract of land
not less than five (5) acres for growing crops in the
open, dairying, pasturage, horticulture, floricul-
ture, and necessary accessory uses, including the
structures necessary for carrying out farming
operations and the residence of the person who
owns or operates the farm, and the family thereof;
provided, however, such agricultural use shall not
include the following uses:
(1) The maintenance and operation of com-
mercial greenhouses or hydroponic farms,
except in zoning districts in which such
uses are expressly permitted;
(2) Wholesale or retail sales as an accessory
use unless the same are specifically per-
mitted by these regulations;
(3) The feeding, grazing, or sheltering of an-
imals or poultry in either penned enclo-
sures or in open pasture within one hun-
dred (100) feet of any lot line.
(Code 1966, ~ 36-1301(3))
2554
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ZONING REGULATIONS
~ 42-629.1
Sec. 42-620. Airport.
.
"Airport" is any area of land or water which is
used, or intended for use for the landing or taking
off of aircraft, and any appurtenant areas which
are used or intended for use for airport buildings,
other airport facilities or rights-of-way, including
taxiways, aircraft storage areas, hangars and
other necessary buildings and open spaces.
(Code 1966, ~ 36-1301(4))
Sec. 42-621. Alley.
"Alley" is a public or private right-of-way pri-
marily designed to serve as secondary access to
the side or rear of these properties whose princi-
pal frontage is on some other street.
(Code 1966, ~ 36-1301(5))
Sec. 42-622. Alteration.
e
"Alteration," as applied to a building structure,
is a change or rearrangement of the supporting
members, or an enlargement, or the moving of one
(1) location or position to another.
(Code 1966, ~ 36-1301(6))
Sec. 42-623. Animal hospital.
"Animal hospital" is a facility for the medical
and surgical treatment of animals and their care
during the time of such treatment.
(Code 1966, ~ 36-1301(7))
Sec. 42-624. Apartment.
"Apartment" is a part of a building consisting
of a room or suite of rooms intended, designed or
used as a residence by an individual or a single-
family and located in a multiple-family dwelling.
(Code 1966, ~ 36-1301(8))
.
Sec. 42-625. Apparel stores.
e
"Apparel stores" are stores selling clothing for
men, women or children at retail.
(Code 1966, ~ 36-1301(9))
Supp. No. 13
Sec. 42-625.1. Appeal.
"Appeal" is a written request for a review of the
zoning administrator's interpretation of any pro-
vision of this chapter.
(Ord. No. 86-9119, ~ 2, 2-3-86)
Sec. 42-626. Appliance repairs.
"Appliance repairs" is the repairing and servic-
ing of common household appliances such as
washing machines, television sets, power tools,
electric razors, radios and refrigerators.
(Code 1966, ~ 36-1301(10))
Sec. 42-627. Appliance sales.
"Appliance sales" is the sale of common house-
hold appliances such as washing machines, tele-
vision sets, power tools, electric razors, radios and
refrigerators, and repair of the same types of
appliances as are sold on the premises where such
repairs are incidental or accessory to the sale of
such types of appliances.
(Code 1966, ~ 36-1301(11))
Sec. 42-628. Applicant.
"Applicant" is the owner or duly designated
representative of land proposed to be subdivided,
or for which conditional use permit, amendment,
variance, zoning certificate or certificate of occu-
pancy has been requested. Consent shall be re-
quired from the legal owner of the premises.
(Code 1966, ~ 36-1301(12))
Sec. 42-629. Area.
"Area" is a price of land capable of being
described with such accuracy that its location
may be established and boundaries definitely
ascertained.
(Code 1966, ~ 36-1301(13))
Sec. 42-629.1. Area of shallow flooding.
"Area of shallow flooding" is a designated AH
zone on the city's flood insurance rate map (FIRM)
with a one (1) percent or greater annual chance of
flooding to an average depth of one (1) to three (3)
feet where a clearly defined channel is unpredict-
able and where velocity flow may be evident. Such
2554.1
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ZONING REGULATIONS
~ 42.638
flooding is characterized by ponding or sheet flow.
lOrd. No. 86-9119, ~ 2, 2-3-86)
Sec. 42-629.2. Area of special flood hazard.
"Area of special flood hazard" is the land in the
flood plain within the city subject to one percent
or greater chance of flooding in any given year.
(Ord. No. 86-9119, ~ 2, 2-3-86)
Sec. 42-630. Automobile service and accessory
stores.
"Automobile service and accessory stores" are
stores engaged primarily in the business of sell-
ing and installing tires, batteries and other au-
tomobile parts and accessories. Automobile ser-
vice includes the lubrication of automobiles and
the replacement of minor parts but does not in-
clude major repair work, such as motor replace-
ment, body and fender repair or spray painting.
(Code 1966, ~ 36-1301(14); Ord. No. 87-9196, ~ 2,
7-27-87) ,
Sec. 42-630.1. AutomobileJ:epair.
"Automobile repair" is the repair, rebuilding
or reconditioning of motor vehicles or parts thereof,
including such major repairs as spray painting,
body, fender, transmission, differential, axle, spring
and frame repairs; repairs of radiators requiring
removal thereof and major overhauling of engines.
(Ord. No. 87-9196, ~ 3, 7-27-87)
Sec. 42-631. Automobile sales.
"Automobile sales" is the sale of new and used
automobiles and other motor vehicles in operat-
ing condition; the storage of automobiles and ot~er
motor vehicles in operating condition; but not in-
cluding storage of trucks of more than five (5)
tons in weight or buses; and, the repair and ser-
vicing of such vehicles, but not including body
work, painting, or motor rebuilding, unless spe-
cifically permitted by the zoning district regula-
tions. (Code 1966, ~ 36-1301(15))
Sec. 42-632. Awning.
"Awning" is a roof-like cover that is temporary
in nature and that projects from the wall of a
building for the purpose of shielding a doorway or
Supp. No.9
window from the elements. (Code 1966, ~ 36-
1301(16))
Sec. 42-633. Awning sign.
See "sign, awning, canopy, and marquee." (Code
1966, ~ 36-1301(17))
Sec. 4U34. Banks and financial institutions.
"Banks and financial institutions" are commer-
cial banks, savings and loan associations, broker-
age offices and other similar financial institutions,
but not including pawnshops. (Code 1966, ~
36-1301(18))
Sec. 42-634.1. Base flood.
"Base flood" is the flood having one percent
chance of being equalled or exceeded in any given
year. (Ord. No. 86-9119, ~ 2, 2-3-86)
Sec. 42-635. Beverage distributors.
"Beverage distributors" are warehouses for the
storage and distribution of beer, soft drinks and
other beverages, but not including bottling plants
and similar industrial uses. (Code 1966, ~ 36-
1301(19))
Sec. 42-636. Block.
"Block" is a tract of land bounded by streets or
by a combination of streets and public parks, ceme-
teries, railroads, rights-<lf-way, shorelines or bound-
ary lines of municipalities. (Code 1966, ~ 36-1301(20))
Sec. 42-637. Building.
"Building" is any covered structure built for
the support, shelter or enclosure of persons, ani-
mals, chattels or moveable property of any kind,
and which is permanently affixed to the land.
(Code 1966, ~ 36-1301(21))
Sec. 42-638. Building, principal.
"Principal building" is a building in which is
conducted the main or principal use of the lot on
which said building is situated. (Code 1966, ~
36-1301(22))
2555
~ 42-639
SALINA CODE
Sec. 42-639. Bulk, nonconforming.
"Nonconforming bulk" is that part of a build-
ing, structure or nonbuilding use which does not
conform to one or more of the applicable bulk
regulations herein. (Code 1966, ~ 36-1301(24))
Sec. 42-640. Bulk regulations.
"Bulk regulations" are regulations controlling
the size of structures and the relationships of struc-
tures and uses to each other and to open areas
and lot lines. Bulk regulations include regulations
controlling:
(1) Maximum height;
(2) Maximum lot coverage;
(3) Minimum size of yard and setbacks. (Code
1966, ~ 36-1301(25))
Sec. 42-641. Bulletin board sign.
See "sign, bulletin board." (Code 1966, ~
36-1301(23))
Sec. 42-642. Business and professional office.
"Business and professional office" means a
building or a portion of a building used for the
conduct of business by persons including, but not
limited to, a single doctor or dentist, accountants,
architects, attorneys, consultants, engineers, in-
surance agents, investment consultants, real es-
tate brokers, where there is no display of mer.
chandise and the storage and sale of merchandise
is clearly incidental to the service provided. (Code
1966, ~ 36-1301(26); Ord. No. 91-9464, ~ 1, 9-9-91)
Sec. 42-643. Campground.
"Campground" is an area or premises in which
space is provided for transient occupancy or use
by tourists occupying tents, recreational vehicles,
or mobile homes less than twelve (12) feet wide.
(Code 1966, ~ 36-1301(27))
Sec. 42-644. Camping trailer.
"Camping trailer" is a vehicular portable unit
mounted on wheels and constructed with collaps-
ible partial side walls which fold for towing by
another vehicle and unfold at the camp site to
provide temporary living quarters for recreation-
al, camping or travel use. (See recreational vehi-
cle.) (Code 1966, ~ 36-1301(28))
Supp. No.9
Sec. 42-645. Canopy.
"Canopy" is any structure, moveable or station-
ary, attached to and deriving its support from
framework or posts or other means independent
of a connected structure for the purpose of shield-
ing a platform, stoop or sidewalk from the ele-
ments; or, a roof-like structure of a permanent
nature which projects from the wall of a structure
and overhangs the public way. (Code 1966, ~
'36-1301(29))
Sec. 42-646. Canopy sign.
See "sign, awning, canopy, and marquee." (Code
1966, ~ 36-1301(30))
Sec. 42-647. Capacity in persons.
"Capacity in persons" is the maximum number
of persons that can avail themselves of the ser-
vices (or goods) of an establishment, at anyone
time, with reasonable comfort. (Code 1966, ~
36-1301(31))
Sec. 42-648. Car wash.
"Car wash" is a building or portion thereof,
containing facilities for washing more than two
(2) automobiles, using production line methods
with a chain conveyor, blower, steam cleaning
device, or other mechanical devices; or providing
space, water, equipment or soap for the complete
or partial hand-washing of such automobiles,
whether by operator or by customer. (Code 1966,
~ 36-1301(32))
Sec. 42-649. Commercial district.
"Commercial district" is any zoning district des-
ignated with a "C", for example "C-1", "C-2" I
etc. (Code 1966, ~ 36-1301(33))
Sec. 42-650. Common open space.
"Common open space" is a parcel of land or an
area of water, or combination of both land and
water, within a site designated as a planned resi-
dential development district and designed and in-
tended for the use and enjoyment of the residents
of the planned residential development. Common
o~n space does not include streets, alleys, parks,
2566
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ZONING REGULATIONS
off-street parking or loading areas, public open
space, or other facilities dedicated by the devel-
oper for public use. Common open space shall be
substantially free of structures but may contain
such improvements. as are approved as a part of
the general development plan and are appropri-
ate for the recreation of residents of the planned
residential development.
(Code 1966, ~ 36-1301(34))
Sec. 42-651. Completely enclosed building.
"Completely enclosed building" is a building
separated on all sides from adjacent open space or
from other buildings by fixed exterior or party
walls, pierced only by windows and entrance or
exit doors, and covered by a permanent roof.
(Code 1966, ~ 36-1301(35))
Sec. 42-652. Construction sign.
See "sign construction."
(Code 1966, ~ 36-1301(36))
Sec. 42-653. Corner lot.
"Comer lot" is a lot which adjoins the point of
intersection or meeting of two (2) or more streets
and in which the interior angle formed by the
street lines is one hundred thirty-five (135) de-
grees or less. If the street lines are curved, the
angle shall be measured at the point of intersec-
tion of the extensions of the street lines in the
directions which they take at the intersections of
the street line with the side lot and with the rear
lot line of the lot. If the street line is curved at its
point of intersection with the side lot line or rear
lot line, the tangent to the curve at that point
shall be considered the direction of the street.
(Code 1966, ~ 36-1401(37))
Sec. 42-653.1. Critical drainage area.
"Critical drainage area" is an area designated
on the official zoning map of the city that is
subject to periodic flooding due to storm water
ponding or sheet flow.
(Ord. No. 97-9780, ~ 1, 2-10-97)
Supp. No. 12
~ 42-657
Sec. 42-654. Day care home.
"Day care home" is a home in which regular
care is given for less than eighteen (18) hours a
day to a maximum of six (6) children under
kindergarten age including the family's own chil-
dren in this age group and four (4) additional
children kindergarten age and over, with a max-
imum often (10) children including the provider's
children. Day care homes shall meet all require-
ments of the Kansas Department of Health and
Environment, Bureau of Maternal and Child
Health.
(Code 1966, ~ 36-1301(38); Ord. No. 82-8914, ~ 1,
6-21-82)
Sec. 42-655. Density.
"Density" is the restriction on the number of
dwelling units that may be constructed per acre
or per square feet of zoning lot area.
(Code 1966, ~ 36-1301(39))
Sec. 42-656. Developer.
"Developer" is the legal or beneticial owner of
all of the land proposed to be included in a
planned development, or the duly authorized agent
thereof. The holder of an option or contract to
purchase, a lessee having a remaining term of not
less than forty (40) years, or other person having
an enforceable proprietary interest in such land,
shall be deemed to be a developer for the purpose
of this chapter.
(Code 1966, ~ 36-1301(40))
Sec. 42-656.1. Development.
"Development" is any man-made change to
improved or unimproved real estate, including
but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excava-
tion or drilling operations or storage of equipment
or materials.
(Ord. No. 86-9119, ~ 2, 2-3-86; Ord. No. 92-9524, ~
2, 8-10-92)
Sec. 42-657. Dog kennel.
"Dog kennel" is any place where more than four
(4) dogs are kept, maintained, boarded and/or
2557
~ 42-657
SALINA CODE
bred for a fee and/or offered for sale except those
places/persons meeting the minimum require-
ments as hobby breeders.
(Code 1966, ~ 36-1301(41); Ord. No. 81-8863, ~ 13,
8-3-81)
Sec. 42-658. Drive-in establishment.
"Drive-in establishment" is a place of business
being operated for the sale and purchase at retail
of food and other goods, services or entertain-
ment, which is laid out and equipped so as to
allow some or all of its patrons to be served or
accommodated while remaining in their automo-
biles on the premises or elsewhere on the prem-
iS6s but outside any completely enclosed struc-
tures; or an establishment which customarily
packages food for carry out.
(Code 1966, ~ 1301(42); Ord. No. 82-8918, ~ 4,
8-9-82)
Sec. 42-658.1. Drive-up window.
"Drive-up window" is a window for service to a
customer in a vehicle with the intent that the
customer not consume the food or beverages on
the premises in parked vehicles.
(Ord. No. 82-8918, ~ 4, 8-9-82)
Editor'. note-Ord. No. 82-8918, ~ 4 adopted Aug. 9,
1982, added (42a) to ~ 36-1301 of the 1966 Code. At the editor's
discretion, said provisions have been included as ~ 42-658.1 of
this Code.
Sec. 42-659. Dry cleaning (self-service).
"Dry cleaning (self-service)" is an establish-
ment providing facilities with which customers
may dry clean their own clothes or other fabrics.
(Code 1966, ~ 36-1301(43))
Sec. 42-660. Dry cleaning plant.
"Dry cleaning plant" is an establishment in
which clothing and other fabrics are dry cleaned
professionally.
(Code 1966, ~ 36-1301(44))
Sec. 42-661. Dwelling.
"Dwelling" is a permanent building or portion
thereof, designed and used exclusively for residen-
tial occupancy, including single-family and multiple-
Supp. No. 12
family dwellings, manufactured and mobile homes
and rooming and boarding houses, but not includ-
ing hotels and motels.
(Code 1966, ~ 36-1301(45); Ord. No. 94-9629, ~ 2,
4-4-94)
Sec. 42-662. Dwelling, attached.
"Attached dwelling" is a residential building
which is joined to another dwelling at one or more
sides by a party wall or walls.
(Code 1966, ~ 36-1301(46))
Sec. 42-663. Dwelling, detached.
"Detached dwelling" is a residential building
which is entirely surrounded by open space on the
same lot.
(Code 1966, ~ 36-1301(47))
Sec. 42-664. Dwelling, multiple-family.
"Multiple-family dwelling" is a residential build-
ing containing three (3) or more dwelling units.
(Code 1966, ~ 36-1301(48))
Sec. 42-665. Dwelling, single-family.
"Single-family dwelling" is a residential build-
ing containing one dwelling unit only.
(Code 1966, ~ 36-1301(49))
Sec. 42-666. Dwelling, two-family.
"Two-family dwelling is a residential building
containing two (2) dwelling units only.
(Code 1966, ~ 36-1301(50))
Sec. 42-667. Dwelling unit.
"Dwelling unit" is one or more rooms in a
residential building or residential portion of a
building which are arranged, designed, used or
intended for use by one family, and which in-
cludes cooking space and lawful sanitary facilities
reserved for the occupants thereof.
(Code 1966, ~ 36-1201(51))
2558
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ZONING REGULATIONS
~ 42-668.3
Sec. 42-668. Easement.
"Easement" is authorization by a property owner
for the use by another, and for a specified purpose,
of any designated part of his property.
(Code 1966, ~ 1301(52))
Sec. 42-668.1. Existing construction.
"Existing construction" is (for the purposes of
determining flood insurance rates) any structure
for which the "start of construction" commenced
before the effective date of the FIRM. "Existing
construction" may also be referred to as "existing
structures".
(Ord. No. 86-9119, ~ 2, 2-3-86)
Sec. 42-668.2. Reserved.
Editor's note--Section 7 of Ord. No. 87-9184, adopted
May 11,1987, repealed ~ 42-668.2, concerning existing mobile
home parks and subdivisions, in its entirety. Former 0 42-
668.2 derived from Ord. No. 86-9119, ~ 2 adopted February 3,
1986.
Sec. 42-668.3. Existing structures.
See "existing construction".
(Ord. No. 86-9119, ~ 2, 2-3-86)
Supp. No. 12
2558.1
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ZONING REGULATIONS
~ 42.676
Sec. 42-668.4. Reserved.
Editor's note-Section 7 ofOrd. No. 87.9184, adopted May
11. 1987. repealed ~ 42-668.4, concerning expansion of mobile
home parks and subdivisions, in its entirety. Former ~ 42-668.4
derived from Ord. No. 86-9119, ~ 2, adopted February 3,1986.
Sec. 42.669. Family.
"Family" is an individual, or two (2) or more
persons related by blood, marriage or legal adop-
tion, a group of not more than four (4) persons not
related by blood, marriage or legal adoption or
not more than eight (8) "disabled" persons (as de-
fined by K.S.A. 12-736) residing in a dwelling li-
censed by the State of Kansas as a group home
living together as a single housekeeping unit in a
dwelling unit, including foster chiidren and do-
mestic servants; provided however, families
having not more than two (2) persons may include
not more than two (2) roomers. (Code 1966, ~ 36-
1301(53); Ord. .No. 94-9629, ~ 2, 4-4-94)
Sec. 42.670. Family care facility.
"Family care facility" is a dwelling which is
licensed by the State of Kansas as a "group home"
to provide room and board, personal care, rehabil.
itation services, and supervision in a family envi.
ronment for not more than eight (8) persons with
a "disability" (as defined by K.S.A. 12-736), plus
no more than two (2) support staff. (Code 1966, ~
36.1301(54); Ord. No. 91-9464, ~ 2, 9-9-91)
Sec. 42-671. Fence.
'\Fence" is a freestanding structure of metal,
masonry, composition or wood or any combina-
tion thereof resting on or partially buried in the
ground and rising above ground level, and used
for confinement, screening or partition purposes.
(Code 1966, ~ 36-1301(55))
Sec. 42-672. Final plat.
"Final plat" is the map or plan or record of a
subdivision, and any accompanying material, as
described in the subdivision regulations. (Code
1966, ~ 36-1301(56))
Sec. 42-673. Flexible zoning.
"Flexible zoning" is zoning which permits uses
of land and density of buildings and structures
Supp. No. 10
different from those which are allowed as of right
within the zoning district in which the land is
situated. (Code 1966, ~ 36-1301(57))
Sec. 42-673.1. Flood or flooding.
"Flood" or "flooding" is a general and tempo-
rary condition of partial or complete inundation
of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or run-
off of surface waters from any source. COrd.
No. 86-9119, ~ 2, 2-3-86)
Sec. 42-674. Flood fringe.
"Flood fringe" is that portion of the flood plain
lying outside of the floodway, i.e., subject to being
covered by floodwaters of the regulatory flood,
but not required to carry and discharge the flood
waters. (Code 1966, ~ 36-1301(58))
Sec. 42-674,1. Flood insurance rate map.
"Flood insurance rate map" (FIRM) is an offi-
cial map of the community, on which the flood
insurance study has delineated the flood hazard
boundaries and the zones establishing insurance
rates applicable to the community. (Ord. No. 86-9119,
~ 2, 2-3-86)
Sec. 42-674.2. Flood insurance study.
"Flood insurance study" is the official report
provided by the federal emergency management
agency. The report contains flood profiles, as well
as the flood boundary floodway map and the water
surface elevation of the base flood. (Ord. No. 86-9119,
~ 2, 2-3-86)
Sec. 42-675. Flood plain.
"Flood plain" is a watercourse and land adja-
cent to a watercourse subject to inundation from
a flood having a chance occurrence in anyone
year of one (1) percent. (Code 1966, ~ 36-1301(59))
Sec. 42-676. Floodway.
"Floodway" is the channel of a river or other
watercourse and the adjacent land areas that must
2559
~ 42.6','6
SALINA CODE
be reserved in order to discharge the base flood
without cumulatively increasing the water sur-
face elevation more than one foot. (Code 1966, ~
36-1301(60); Ord. No. 86-9119, ~ 3, 2.3-86)
Sec. 42-676.1. Floodway fringe.
"Floodway fringe" is that area of the flood plain,
outside of the floodway, that on the average is
likely to be flooded once every one hundred (100)
years (Le., that has a one percent chance of flood
occurrence in anyone year). (Ord. No. 86-9119, ~
2, 2-23-86)
Sec, 42-677. Floor area.
"Floor area" is the sum of the gross horizontal
areas of the several floors of the building meas-
ured from the exterior faces of the exterior walls
or from the center line of walls separating two (2)
buildings computed as follows:
(1) For determining floor area ratio: The sum of
the following areas: a. The basement floor
area when more than one-half of the base-
ment height is above the finished lot grade
level where curb level has not been estab-
lished; b. elevator shafts and stairwells at
each floor; c. floor space used for mechanical
equipment (except equipment, open or enclosed,
located on the roof); d. penthouses; e. attic
space having headroom of seven (7) feet, ten
(10) inches or more; f. interior balconies and
mezzanines; g. enclosed porches; and h. floor
area devoted to accessory uses. Space devoted
to ofT-street parking or loading shall not be
included in the floor area. The floor area of
structures devoted to bulk storage of materi-
als including, but not limited to, grain eleva-
tors and petroleum storage tanks shall be
computed by counting each ten (10) feet of
height, or fraction thereof, as being equal to
one floor.
(2) For determining off.street parking and load-
ing requirements: The sum of the following
areas: a. Floor space devoted to the principal
use of the premises, including accessory stor-
age areas located within selling or working
space such as counters, racks, or closets; b.
any basement floor area devoted to retailing
activities; and c. floor area devoted to the
Supp. No. 10
production or processing of goods or to busi.
ness or professional offices. For this purpose,
floor area shall not include space devoted pri.
marily to storage purposes (except as other-
wise noted herein), off-street parking or load-
ing facilities, including aisles, ramps, and ma.
neuvering space, or basement floor area other
than area devoted to retailing activities, the
production or processing of goods, or business
or professional offices. (Code 1966, ~ 36-1301(61))
Sec. 42-678. Food stores.
"Food stores" are stores which sell foods, fresh
or frozen, and other items commonly sold in con-
nection therewith and including, but not limited
to, stores commonly referred to as dairy stores,
delicatessens, fruit and vegetable markets, gro-
cery stores, health food stores, nut shops and suo
permarkets. Sales must be made at retail on the
premises. (Code 1966, ~ 36-1301(62))
Sec. 42-679. Fraternal and/or service clubs.
"Fraternal and/or service clubs" are associations
formally organized for a common purpose, or inter-
est, and operated not for profit for persons who
are bona fide members paying annual dues, which
own, hire, or lease premises, the use of which
premises is restricted to such members and their
guests. The affairs and management of such asso-
ciations are conducted by a board of directors,
executive committee, or similar body chosen by
the members at their annual meeting. Food, meals
and beverages may be served on the premises,
provided adequate dining space and kitchen facil-
ities are available. Alcoholic beverages may be
sold or served to m~mbers and their guests, pro-
vided such service is secondary and incidental to
the promotion' of some other common objective of
the organization, and further provided that such
sale or service of alcoholic beverages is in compli-
ance with all federal, state, county and local laws.
(Code 1966, f 36.1301(63))
Sec. 42-679.1. Freeboard.
"Freeboard" is a factor of safety usually ex-
pressed in feet above a flood level for purposes of
flood plain management. "Freeboard" tends to
2560
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ZONING REGULATIONS
compensate for the many unknown factors that
could contribute to flood heights greater than the
height calculated for a selected size flood and flood-
way conditions, such as wave action, clogged bridge
openings, and the hydrological effect of urbaniza-
tion of the watershed. lOrd. No. 86-9119, ~ 2,
2-3-86)
Sec. 42-680. Front lot line.
See "lot line, front." (Code 1966, ~ 36-1301(64))
Sec. 4~1. Front yard.
See "yard, front." (Code 1966, fi 36-1301(65))
Sec. 4~2. Frontage.
"Frontage" is the length of a front lot line or
lines. (Code 1966, fi 36-1301(66))
Sec. 42-683. Garage.
"Garage" is a building for the storage of motor
vehicles. (Code 1966, fi 36-1301(67))
Sec. 4~. Garage sale.
"Garage sale" is the temporary retail use of
single or multiple.family structures located in a
residential district consisting of the sale of five (5)
or more miscellaneous items acquired by the sell-
ers for their ultimate use or consumption. This
definition includes, but is not limited to porch,
yard, sidewalk, basement, rummage, tag or other
similar sale. (Code 1966, fi 36-1301(67a))
Sec. 4~. Garden stores.
"Garden stores" are stores which sell growing
plants, seeds, bulbs, shrubs and gardening and
landscaping tools, implements and supplies, in-
cluding lawn furniture. (Code 1966, fi 36-1301(68))
Sec. 42-686. Gasoline service station.
"Gasoline service station" is the use of any struc-
ture and surrounding land for the storage and
sale of gasoline or other motor fuels; the sale and
installation of automobile lubricants, supplies and
accessories; the washing, polishing, cleaning and
servicing of motor vehicles; and the performance
Supp. No. 10
~ 42-689.1
of minor maintenance activities such as engine
tuneups, brakes, muffiers, hoses, belts, alignments
and similar work, but not including mlljor repair
such as body work, painting, or motor rebuilding
involving machine work. (Code 1966, ~ 36-
1301(69); Ord. No. 91-9440, ~ 4, 5-13-91)
Sec. 4~7. Ground sign.
See "sign, ground." (Code 1966, i 3&1001(70))
Sec. 42-688. Group care facility.
"Group care facility" is a state licensed or ap.
proved facility which provides resident services
for nine (9) or more persons with a "disability" (as
defined by K.S.A. 12-736) not including support
staff. These individuals are provided services in
accordance with their individual needs such as
room and board, personal care, and adult super.
vision. (Code 1966, ~ 36-1301(71); Ord. No. 91-
9464, ~ 3, 9-9-91)
Sec. 42-689. Group day care center.
"Group day care center" is any facility provid-
ing care for seven (7) or more children for part or
all of a day, away from the home of the parent or
legal guardian, not meeting the definition of a
day care home; and including full day care, pre-
school, group day care home, child care center,
play groups, centers giving emphasis to special
programming for children, kindergartens not ac-
credited by the state department of public instruc-
tion, and other establishments offering care to
groups of children for part or all of the day. Group
day care centers shall meet all requirements of
the Kansas Department of Health and Environ.
ment, Bureau of Maternal and Child Health. (Code
1966, fi 36-1301(72); Ord. No. 82-8914, fi 2, 6-21-82;
Ord. No. 87-9206, ~ 1,9-28-87)
Sec. 42.689.1. Group rehabilitation facility.
"Group rehabilitation facility" is a state li.
censed or approved facility providing custodial care
in a supervised living environment for one (1) or
more persons residing voluntarily or by court
placement, including, but not limited to, correc-
tional and post-correctional centers, juvenile de-
tention facilities, and temporary custody facili-
ties. (Ord. No. 91-9464, ~ 4, 9-9-91)
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* 42.690
SALINA CODE
Sec. 42-690. Height, maximum.
"Maximum height" is a horizontal plane above
and parallel to the average finished. grade of the
entire zoning lot at the height shown in the dis.
trict regulations. No part of any structure sha!:
project through such plane except:
(1) Chimneys, flues, stacks, fire escapes, gas hold-
ers, elevator enclosures, ventilators, skylights,
water tanks and similar roof structures needed
to operate and maintain the building on which
they are ,located;
(2) Flag poles, television aerials, water towers
and tanks, steeples and bell towers, carillons,
monuments, cupolas, broadcasting and micro-
wave transmitting and relay towers, and elec-
tric transmission line towers. (Code 1966, ~
36-1301(73); Ord. No. 81-886:cl ~ 14, 8.3.81)
Sec. 42-690.1. Highest adjacent grade.
"Highest adjacent grade" is the highest natu-
ral elevation of the ground surface prior to con-
struction next to the proposed walls of a struc-
ture. (Ord. No. 86-9119, ~ 2, 2-3-861
Sec. 42.690.2. Historic structure.
"Historic structure" means any structure that
is:
(a) Listed individually in the National Reg-
ister of Historic Places (a listing maintained
by the Department of Interior) or prelimi-
narily determined by the Secretary of the
Interior as meeting the requirements for
individual listing on the national register;
(b) Certified or preliminarily determined by the
Secretary of the Interior as contributing to
the historical significance of a registered
historic district or a district preliminarily
determined by the secretary to qualify as a
registered historic district;
(c) Individually listed on a state inventory of
, historic places in states with historic pres-
ervation programs which have been ap-
proved by the Secretary of Interior; or
(d) Individually listed on a local inventory of
historic places in communities with his.
Supp. No. 10
toric preservation programs that have been
certified either:
(l) By an approved state program as de-
termined by the Secretary of the Inte-
rior, or
(2) Directly by the Secretary of the Inte-
rior in states without approved pro-
grams. (Ord. No. 92.9524, ~ 3, s..10-92)
Sec. 42-691. Hobby breeder.
"Hobby breeder" is any person who owns more
than four (4) but less than twenty (20) purebred,
registered dogs over the age of nine (9) months,
which are habitually boarded and lodged within
said person's domicile or yard; and who, further.
more, provides a fenced and/or totally enclosed
exercise area; and provided, furthermore, that such
animals are, at all times, kept in said fenced or
enclosed area, except when under the personal
and immediate control of the owner. (Ord. No.
81-8863, ~ 14, 8-3-81)
Sec. 42-692. Home occupation.
"Home occupation" is a profession or other oc-
cupation not otherwise permitted in the district,
which is conducted as an accessory use on a'resi-
dentiallot by one or more members of the family
residing on the premises. (Code 1966, ~ 36-1301(74))
Sec. 42-693. Hotel.
"Hotel" is a building or portion thereof, or a
group of buildings, which provides sleeping ac-
commodations for transients on a daily or weekly
basis, whether such establishments are designated
as a hotel, inn, automobile court, motel, motor
inn, motor lodge, tourist cabin, tourist court, or
otherwise. (Code 1966, ~ 36-1301(75))
Sec. 42-694. Identification sign.
See "sign, identification." (Code 1966, ~ 36-
1301(76))
Sec. 42-695. Industrial district.
"Industrial district" is any zoning district desig-
nated with an "I", for example "I-I", "1-2", etc.
(Code 1966, ~ 36-1301(77))
2562
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ZONING REGULATIONS
Sec. 42-696. Junkyard.
"Junkyard" is an area of land with or without
buildings, used for or occupied by a deposit, col-
lection or storage, outside a completely enclosed
building, of used or discarded materials such as
wastepaper, rags or scrap material, used building
materials, house furnishings, machinery, vehi-
cles or parts thereof, with or without the disman-
tling, processing, salvage, sale or other use or dis-
position of the same. (Code 1966, ~ 36-1301(78))
Sec. 42.697. Landscaping.
"Landscaping" is the improvement of a lot,
parcel or tract of land with grass and shrubs and/or
trees. Landscaping may include pedestrian walks,
flowerbeds, ornamental objects such as fountains,
statuary, and other similar natural and artificial
objects designed and arranged to produce an aes-
thetically pleasing effect. (Code 1966, ~ 36-
1301(79))
Sec. 42.698. Laundry.
"Laundry" is an establishment in which
clothing and other fabrics are laundered profes-
sionally. (Code 1966, ~ 36-1301(80))
Sec. 42-699. Laundry (self-service).
"Laundry (self-service)" is an establishment pro-
viding facilities with which customers may laun-
der their own clothes or other fabrics. (Code 1966,
~ 36-1301(81))
Sec. 42-700. LDdging house.
"Lodging house" is a business establishment
which provides sleeping and living quarters (but
not individual cooking facilities) in an immovable
structure on a weekly or monthly basis. (Code
1966, * 36-1301(82))
Sec. 42-701. LDt area.
"Lot area" is the area of a horizontal plane
bounded by the front, side and rear lot lines. (Code
1966, ~ 36-1301(83))
Sec. 42-702. LDt, comer.
See "corner lat." (Code 1966, ~ 36-1301(84))
Supp. No. 10
~ 42-709
Sec. 42-703. Lot coverage.
"Lot coverage" is that percentage of a lot which,
when viewed directly from above, would be cov-
ered by a structure or structures, or any part
thereof, excluding projecting roof eaves. (Code 1966, ~
36-1301(85))
Sec. 42-704. Lot depth.
"Lot depth" is the distance between the mid-
point of the front lot line and the midpoint of the
rear lot line. (Code 1966, ~ 36-1301(86))
Sec. 42-705. Lot line.
"Lot line" is a lot boundary line. (See "lot line,
front"; "lot line, rear"; "lot line, side"). (Code
1966, ~ 36-1301(87))
Sec. 42-706. Lot line, front.
"Front lot line" is a street right-of-way line
forming the boundary of a lot. (Code 1966, ~
36-1301(88))
Sec. 42-707. Lot line, rear.
"Rear lot line" is the lot line that is most dis-
tant from, and is, or is most nearly, parallel to,
the front lot line. If a rear lot line is less than
twelve (12) feet long, or if the lot comes to a point
at the rear, the rear lot line shall be a line at
least fifteen (15) feet long, lying wholly within
the lot, parallel to the front line. If a zoning lot
has two (2) or more front lot lines, the owner or
developer shall designate the yard which is to be
the rear yard. (Code 1966, ~ 36-1301(89))
Sec. 42-708. Lot line, side.
"Side lot line" is a lot line which is neither a
front lot line nor a rear lot line. (Code 1966, ~
36-1301(90))
Sec. 42-709. Lot of record.
"Lot of record" is a lot which is part of a subdivi-
sion, the plat of which has been recorded in the
office of the county register of deeds, or a parcel of
land the deed to which was recorded prior to Feb-
ruary 14, 1977. The owner of such a lot or parcel
2563
~ 42.709
SALINA CODE
shall be deemed to be any equitable owner. (Code
1966, ~ 36-1301(91))
Sec. 42-710. Lot size requirements.
"Lot size requirements" are restrictions on the
dimensions of lots including minimum lot area,
width and depth; and maximum density. Mini-
mum lot area, width and depth establish the size
of the zoning lot on which a structure or use, or
two (2) or more structures or uses, may be con-
structed or established. (Code 1966, ~ 36-1301(92))
Sec. 42-711. Lot width.
"Lot width" is the distance on a horizontal plane
between the side lot lines measured at right an.
gles to the lot depth at the established front build-
ing line. Lot width shall never be less than thirty.
five (35) feet at the front lot line. (Code 1966, ~
36-1301(93))
Sec. 42-712. Lot, zoning.
"Zoning lot" is a parcel of land that is desig-
nated by its owner or developer, at the time of
applying for a zoning certificate as a tract all of
which is to be used, developed, or built upon as a
unit under single ownership. As long as it satis-
fies the above requirements such lot may consist
of:
(1). A single .lot of record;
(2) A portion of a lot of record; or
(3) A combination of complete lots of record, com-
plete lots and portions of lots of record, or
portions of lots of record. (Code 1966. ~
36.1301(94))
Sec. 42-712.1. Lowest floor.
"Lowest floor" means the lowest floor of the
lowest enclosed area (including basement). An un.
finished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage,
in an area other than a basement area, is not
considered a building's lowest floor, provided that
such enclosure is not built so as to render the
structure in violation of the applicable non-elevation
design requirements of this chapter. (Ord. No.
87 -9184, ~ 5, 5.11-87)
Supp. No. 10
Sec. 42-712.2. Manufactured home.
"Manufactured home" is a structure built on a
permanent chassis and transportable in one (1) or
more sections, which contains all necessary
plumbing, heating, air conditioning and electrical
system.s, and is designed to be used as a dwelling,
with or without a permanent foundation, when
connected to all required utilities. Such struc-
tures have not and cannot be determined to have
been built in accordance with adopted city building
codes but have been constructed in conformance
with the Federal Manufactured Home Construc-
tion and Safety Standards Act generally knows as
the HUn Code established pursuant to 42 U.S.C.
Section 5403. For flood plain management pur-
poses, the term "manufactured home" also in.
cludes park trailers, travel trailers, and other sim-
ilar vehicles placed on a site for greater than one
hundred eighty (180) consecutive days. For insur-
ance purposes, the term "manufactured home"
does not include park trailers, travel trailers, and
other similar vehicles. (Ord. No. 87-9184, ~ 5,
5-11-87; Ord. No. 91-9489, ~ 1, 12-9-91)
Sec. 41.712.3. Manufactured home park.
"Manufactured home park" is a tract of land in
single ownership which is used or intended to be
used by two (2) or more manufactured homes lo-
cated on leased or rented spaces and which has
sanitary facilities, water, electricity and oth€.r sim-
ilar utilities available to permit residential occu.
pancy of the homes. This term does not include
sales lots on which unoccupied manufactured
homes, whether new or used, are located for the
purpose of storage, inspection or sale. (Ord. No.
87-9184, ~ 5, 5-11.87; Ord. No. 91.9489, ~ 2, 12-
9-91)
Sec. 42.712.4. Manufactured home subdivi-
sion.
"Manufactured home subdivision" is a tract of
land containing two (2) or more individually owned
lots, which are or intended to be developed with
manufactured homes owned by the respective lot
owners which are placed on permanent founda-
tions and permanently connected to sanitary fa-
cilities, water, electricity and other similar utili-
ties available to permit residential occupancy of
2564
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ZONING REGULATIONS
~ 42.721
the homes. (Ord. No. 87-9184, ~ 5, 5-U-87; Ord.
No. 91-9489, ~ 3, 12-9.91)
Sec. 42.712.5. Mobile home.
"Mobile home" is a structure built on a perma-
nent chassis and transportable in one (1) or more
sections, which contains all necessary plumbing,
heating, air conditioning and electrical systems,
and is designed to be used as a dwelling, with or
without a permanent foundation, when connected
to all required utilities. Such structures have not
and cannot be determined to have been built in
accordance with adopted city building codes, were
manufactured prior to June 15, 1976, or were not
manufactured in conformance with the HUn Code
as is required for a manufactured home. The term
mobile home does not include a recreational ve-
hicle. (Ord. No. 91-9489, ~ 4, 12-9-91)
Sec. 42.712.6. Residential.design manufac.
tured home.
"Residential-design manufactured home" is a
manufactured home on a permanent foundation
which has minimum dimensions of twenty-two (22)
body feet in width, a pitched roof, and siding and
roofing material which are customarily used on
site.built homes, and which complies with the ar.
chitectural and aesthetic standards specified in
section 42-64 of these regulations. A residential.
design manufactured home shall be considered a
single-family dwelling. (Ord. No. 91.9489, ~ 5, 12-
9-91)
Sec. 42-713. Marquee sign.
See "sign, awning, canopy, and marquee." (Code
1966, ~ 36.1301(95))
Sec. 42.713.1. Medical and dental clinic.
"Medical and dental clinic" means a building
or buildings occupied by two (2) or more physi.
cians, dentists, or other members of a healing pro.
fession where the primary use is the delivery of
health care services. (Ord. No. 91-9464, ~ 5, 9.9.91)
Sec. 42.714. Mini.warehouse.
"Mini-warehouse" is a building or group of build.
ings in a controlled-access and/or fenced compound
Supp. No. 10
that contains varying sizes of individual. compart-
mentalized, and controlled.access stalls or lockers
for the dead storage of excess personal property of
an individual or family when such is not located
o'n the lot with their residence, such as passenger
motor vehicle, recreational vehicle. motorcycle,
boat, and other items of personal property gener-
ally stored in residential accessory structures. (Code
1966, ~ 36.1301(95a))
Sees, 42-715-42-718. Reserved.
Editor's note-Section 7 of Ord. No. 87.9184. adopted ~lay
11,1987, repealed ~~ 42-715-42.718 in th"ir entirety. Former
~~ 42.715-42-718, concerning definitions for mobile home
provisions, derived from the Code of 1966. ~ :36-13011961-199\.
Sec. 42.719. Mobile sign.
See"sign, mobile." (Code 1966, ~ 36-1301(100))
Sec. 42.719.1. Modular home.
"Modular home" is a structure which the man-
ufacturer certified as constructed in accordance
with adopted city building codes, which is trans-
portable in one (1) or more sections but is not con.
structed on a permanent chassis, and which is
designed to be used as a dwelling on a permanent
foundation when connected to required utilities
including plumbing, heating, air conditioning and
electrical systems contained therein. (Ord. No. 91-
9489, ~ 6, 12.9-91)
Sec. 42-720. Motor freight terminal.
"Motor freight terminal" is a building or area
in which freight brought by truck is assembled
and/or stored for routing in intrastate and inter-
state shipment by truck or in which semi.trailers,
including tractor and/or trailer units, and other
trucks are parked or stored. (Code 1966, ~ 36.
1301(01))
Sec. 42.721. Motor home.
"Motor home" is a vehicular unit designed to
provide temporary living quarters for recreation-
al, camping, or travel use built on or permanently
attached to a self-propelled motor vehicle chassis
or on a chassis cab or van which is an integral
2565
~ 42-721
SALINA CODE
part of the completed vehicle. (See "recreational
vehicle.") (Code 1966, ~ 36.1301(102))
Sec. 42.722. Nameplate sign.
See "sign, nameplate," (Code 1966. ~ 36-1301(103))
Sec. 42.722.1. New construction.
New construction means, for the purposes of de-
termining insurance rates, structures for which
the start of construction commenced on or after
the effective date of an initial FIRM or after De-
cember 31, 1974, whichever is later, and includes
any subsequent improvements to such structures.
For floodplain management purposes, new con-
struction means structures for which the start of
construction commenced on or after the effective
date of a floodplain management regulation
adopted by a community and includes any subse-
quent improvements to such structures. (Ord. No.
86-9119, ~ 2, 2-3-86; Ord. No. 92-9524, ~ 4, 8-10-92)
Sec. 42-723. Nonconforming lot of record.
"Nonconforming lot of record" is an unimproved
lot which does not comply with the lot size reo
quirements for any permitted use in the district
in which it is located. (Code 1966, ~ 36.1301(04)1
Sec. 42-724. Nonconforming structure.
"Nonconforming structure" is a structure which
does not comply with the lot size requirements of
bulk regulations applicable to new structures in
the zoning district in which it is located. (Code
1966, ~ 36-1301(105))
Sec. 42-725. Nonconforming use.
"Nonconforming use" is an existing use of a
structure or land which does not comply in some
respect with the use regulations applicable to new
uses in the zoning district in which it is located.
(Code 1966, ~ 36.1301(106))
Sec. 42-726. Nonconformity.
"Nonconformity" is a nonconforming use, non-
conforming structure, or a nonconforming lot of
record. <Code 1966, ~ 36.1301(107))
Supp. No. 10
Sec. 42-727. Nursing or convalescent home.
"Nursing or convalescent home" is an institu-
tion for the care of children or the aged or infirm,
or a place of rest for those suffering bodily disor-
ders, but not including facilities for surgical care
or institutions for the care and treatment of men-
tal illness, alcoholism or narcotics addition. (Code
1966, ~ 36-1301(108))
Sec. 42-728. Occupancy permit.
"Occupancy permit" is a permit issued by the
zoning administrator after certification that such
land, use, structure or building is fit for human
occupancy and complies with all of the provisions
of the zoning regulations and other applicable
city codes, ordinances, rules and regulations. (Code
1966, ~ 36-1301(109))
Sec. 42-729. Office.
See "business and professional offices." (Code
1966, ~ 36-1301(110))
Sec. 42-730. Off.premise sign.
See "sign, advertising." (Code 1966, ~ 36-
1301(111))
Sec. 42-731. Outdoor storage.
"Outdoor storage" is the storage of goods and
materials outside of any building or structure,
but not including storage of a temporary or emer.
gency nature. (Code 1966, ~ 36.1301(112))
Sec. 42-731.1. Overlay district.
"Overlay district" is a district in which addi.
tional requirements act in conjunction with the
underlying zoning district(s). The original zoning
district designation does not change. (Ord. No.
86-9119, ~ 2, 2-3-86)
Sec. 42-732. Package liquor store.
"Package liquor store" is an establishment in
which alcoholic beverages are sold for consump-
tion off the premises. (C<>.de 1966, ~ 36-1301(113))
2566
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ZONING REGULATIONS
~ 42.745
Sec. 42-733. Purking garage.
"Parking garage" is a building used for the
storage of motor vehicles, which contains space
rented to the general public by the hour, day,
week, month or year, and including the accessory
sale of gasoline and motor oil if wholly within a
completely enclosed building. (Code 1966, ~
36-1301(114))
Sec. 42-734. Parking lot.
"Parking lot" is an open area used for the stor.
age of motor vehicles which contains space rented
to the general public by the hour, day, week,
month or year. (Code 1966, ~ 36-1301(115))
Sec. 42-735. Parking space.
"Parking space" is a surfaced area, enclosed in
the main building or in an accessory building, or
unenclosed, exclusive of driveways, permanently
reserved for the temporary storage of one auto-
mobile, and connected with a street or alley by a
surfaced driveway which affords satisfactory in-
gress or egress for automobiles. (Code 1966, ~
36-1301(116))
Sec. 42-736. Pharmacies.
"Pharmacies" are stores which sell prescription
and nonprescription drugs and medicine and medi-
cal, surgical, and dental supplies and appliances
only. (Code 1966, ~ 36-1301(117))
Sec. 42-737. Planning commission.
"Planning commission" means the Salina City
Planning Commission, as established in accordance
with K.S.A. 12-701 et seq., and with the powers
and authority therein granted. (Code 1966, ~
36-1301(118))
Sec. 42-738. Pole sign.
See "sign, pole." (Code 1966, ~ 36-1301(119))
Sec. 42-739. Preliminary plat.
"Preliminary plat" is the preliminary drawings
and information as described in this chapter and
as defined in the subdivision regulations to be
Supp. No. 10
submitted to the planning commission for its ap-
proval. (Code 1966, ~ 36-1301(120))
Sec. 42-740. Principal structure.
"Principal structure" is a structure in which a
principal use of the lot on which the structure is
located is conducted. (Code 1966, ~ 36-1301(121))
Sec. 42-741. Principal use.
"Principal use" is the main use of land or struc-
tures as distinguished from a subordinate or acces-
sory use. (Code 1966, ~ 36-1301(122))
Sec. 42-742. Private club.
"Private club" is an association organized and
operated for profit or not for profit for persons
who are bona fide members paying annual dues,
which owns, hires, or leases premises, the use of
which premises is restricted to such members and
their guests. Food, meals and beverages may be
served on such premises provided adequate din-
ing room space and kitchen facilities are avail.
able. Alcoholic beverages may be served or sold to
members and their guests provided such service
or sale of alcoholic beverages is in compliance
with all federal, state, county and local laws. (Code
1966, ~ 36-1301(123))
Sec. 42-743. Projecting sign.
See "sign, projecting." (Code 1966, ~ 36-1301(124))
Sec. 42-744. Public open space.
"Public open space" is a parcel of land or an
area of water, or a combination of land and water
dedicated to public use and available for the use
and enjoyment of the general public. Public open
space does not include streets, alleys or off-street
parking or loading areas. (Code 1966, ~ 36-1301(125))
Sec. 42-745. Public sewer and water system.
"Public sewer and water system" is any sys.
tem, other than an individual septic tank or tile
field, or individual well, operated by a municipal-
ity or other governmental agency or a public util-
ity for the disposal of wastes and the furnishing
of water. (Code 1966, * 36-1301(126))
2567
~ 42-746
SALINA CODE
Sec. 42-746. Railroad right-of-way.
"Railroad right-of-way" is a strip of land with
tracks and auxiliary facilities for track operation,
but not including freight depots or stations, load-
ing platforms, train sheds, warehouses, car or loco-
motive shops, or car yards. (Code 1966, ~ 36-
1301(127))
Sec. 42-747. Real estate sign.
See "sign, real estate." (Code 1966, ~ 36-1301(128))
Sec. 42-748. Rear lot line.
See "lot line, rear." (Code 1966, ~ 36-1301(129))
Sec. 42-749. Rear yard.
See "yard, rear." (Code 1966, ~ 36-1301(130))
Sec. 42-750. Recreational vehicle.
"Recreational vehicle" is a vehicular-type unit
primarily designed as temporary living quarters
for recreational, camping, or travel use, which
either has its own motive power or is mounted on
or drawn by another vehicle. The basic entities
include: travel trailer, camping trailer, topper,
truck camper and motor home. (Code 1966, ~
36-1301(138))
Sec. 42-751. Regulatory flood.
This term and definition is to be deleted. (Code
1966, ~ 36-1301(131); Ord. No. 86-9119, ~ 4, 2-3-86)
~~
Sec. 42-752. Remodeling.
"Remodeling" is any change in a structure (other
than incidental repairs and normal maintenance)
which may prolong its useful life, or the useful
life of its supporting members such as bearing
walls or partitions, columns, beams, girders or
foundations; or the construction of any addition
to, or enlargement of, a structure; or the removal
of any portion of a structure. (Code 1966, ~
36-1301(132))
Sec. 42-753. Residential building.
"Residential building" is a building all or part
of which contains one or more dwelling units,
Supp. No. 10
including single-family dwellings, two-family
dwellings, multiple-family dwellings, lodging
houses, mobile homes, dormitories, sororities and
fraternities. (Code 1966, ~ 36-1301(133))
Sec. 42-754. Residential district.
"Residential district" is any zoning district des-
ignated with an "R", for example "R-1", "R-2",
etc., any planned development district that con-
tains residential buildings and the MH mobile
home district. (Code 1966, ~ 36-1301(134))
Sec. 42-755. Restaurant.
"Restaurant" is a public eating house, includ-
ing but not limited to the types of business estab-
lishments customarily referred to as cafeterias,
coffee shops, dairy bars, restaurants and soda foun-
tains. (Code 1966, ~ 36-1301(135))
Sec. 42-756. Retail sales.
"Retail sales" is the sale of goods, merchandise
and commodities for use or consumption. (Code
1966, ~ 36-1301(136))
Sec. 42-757. Riding stables.
"Riding stables" are structures in which saddle
horses are kept, maintained and/or boarded, and
in connection with which saddle horses are rented
to the general public or made available to mem-
bers of a private club. Exercise rings and show
rings shaq be considered uses accessory to the
use of the premises of a riding stable. (Code 1966,
~ 36-1301(137))
Sec. 42-758. Right-of-way.
"Right-of-way" is a strip of land occupied or
intended to be occupied by a street, crosswalk,
railroad, road, electric transmission line, oil or
gas pipeline, water main, sanitary or storm sewer
main, or for another special use. (Code 1966, ~
36-1301(139))
Sec. 42-758.1. Risk premium rates.
See "Actuarial premium rates." (Ord. No. 86-
9119, ~ 2, 2-3-86)
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ZONING REGULATIONS
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Sec. 42-759. Roof sign.
See "sign, roof." (Code 1966, ~ 36-1301(140))
Sec. 42.759.1. Rooming and boarding_house.
"Rooming and boarding house" is a single-
family residential dwelling with one (1) kitchen
used to provide lodging for one (1) week or longer
for compensation, with or without meals, for three
(3) but not more than eight (8) persons, each with
a private room excluding the resident owner or
occupant and family thereof. (Ord. No. 94-9629, ~
3, 4-4-94)
Sec. 42.760. Screening.
"Screening" is decorative fencing or evergreen
vegetation maintained for the purpose of conceal-
ing from view the area behind such structures or
evergreen vegetation. When fencing is used for
screening, it shall be not less than six (6) or more
than eight (8) feet in height. (Code 1966, ~
36-1301(141))
Sec. 42-761. Setback.
"Setback" is the distance between the front lot
line and the principal building on the lot. (Code
1966, ~ 36-1301(142))
Sec. 42.762. Side lot line.
See "lot line, side." (Code 1966, ~ 36-1301(143))
Sec. 42-763. Side yard.
See "yard, side." (Code 1966, ~ 36-1301(144))
Sec. 42.764. Sign.
"Sign" is any writing (including letters, words
or numerals), pictorial representation (including
illustrations or decorations), emblem (including
devices, symbols, or trademarks), flag, banner,
streamer, pennant, string of lights, or display cal-
culated to attract the attention of the public, or
any other figure of similar character which:
(1) Is a structure or any part thereof, or a porta-
ble display, or is attached to, painted on, or
in any other manner represented on a build-
ing or other structure or on the ground;
Supp. No. 10
(2) Is used to announce, direct attention to, or
advertise; and
(3) Is not located inside a building. (Code 1966, t
36-1301(145))
Sec. 42-765. Sign, advertising.
"Advertising sign" is a sign which directs atten-
tion to a business, commodity, service, or enter-
tainment conducted, sold, or offered at a location
other than the premises on which the sign is lo-
cated, or to which it is affixed (off-premise sign).
(Code 1966, t 36-1301(146))
Sec. 42.766. Sign, awning, canopy, and
marquee.
"Awning, canopy and marquee sign" is a sign
that is mounted or painted on, or attached to, an
awning, canopy, or marquee that is otherwise per-
mitted by these regulations. No such sign shall
project more than twenty-four (24) inches above,
below, or twelve (12) inches beyond the physical
dimensions of the awning, canopy, or marquee,
and a minimum of eight (8) feet of clearance shall
be provided above grade. (Code 1966, t 36-1301(147))
Sec. 42-767. Sign, bulletin board.
"Bulletin board sign" is a sign that indicates
the name of an institution or organization on whose
premises it is located and which contains the name
of the institution or organization, the name or
names of persons connected with it, and 'announce-
ments of persons, events, or activities occurring
at the institution. Such signs may also present a
greeting or similar message. (Code 1966, t 36-
1301(148))
Sec. 42-768. Sign, business.
"Business sign" is a sign which directs atten-
tion to a business or profession conducted, or to a
commodity or service sold, offered or manufactured,
or an entertainment offered, on the premises where
the sign is located or to which it is affixed. (Code
1966, ~ 36-1301(149))
Sec. 42-769. Sign, canopy.
See "sign, awning, canopy, and marquee." (Code
1966, ~ 36-1301(150))
2569
. ~ 42-770
Sec. 42-770. Sign, construction.
"Construction sign" is a temporary sign indicat-
ing the names of architects, engineers, landscape
architects, contractors, and similar artisans in.
volved in the design and construction of a struc-
ture or project only during the construction pe-
riod and only on the premises on which the
construction is taking place. (Code 1966, ~ 36-
1301(151))
Sec. 42-771. Sign, ground.
"Ground sign" is any sign placed upon, or sup-
ported by, the ground independently of the prin-
cipal building or structure on the property. Signs
on accessory structures shall be considered ground
signs. (Code 1966, f 36.1301(152))
Sec. 42-772. Sign, identification.
"Identification sign" is a sign giving the name
and address of a building, business, development
or establishment. Such signs may be wholly or
partly devoted to a readily recognized symbol.
(Code 1966, ~ 36-1301(153))
Sec. 42-773. Sign, marquee.
See "sign, awning, canopy, and marquee." (Code
1966, ~ 36-1301(154))
Sec. 42-774. Sign, mobile.
"Mobile sign" is a sign which is designed to be
easily transported and is attached to a trailer or
other nonmotive powered vehicle. (Code 1966, f
36-1301(155))
Sec. 42-775. Sign, nameplate.
"Nameplate sign" is a sign giving the name
and/or address of the owner or occupant of a build-
ing or premises on which it is located, and where
applicable, a professional status. (Code 1966, ~
36-1301(156))
Sec. 42-776. Sign, off-premise.
See "sign, advertising." (Code 1966, f 36.
1301(157))
Supp. No. 10
SALINA CODE
Sec. 42-777. Sign, pole.
"Pole sign" is a sign that is mounted on a free-
standing pole, the bottom edge of which sign is
six (6) feet or more above ground level. (Code
1966, I 36.1301(158))
Sec. 42-778. Sign, projecting.
"Projecting sign" is a sign that is wholly or
partly dependent upon a building for support and
which projects more than twelve (12) inches from
such building (Code 1966, f 36-1301(159))
Sec. 42-779. Sign, real estate.
"Real estate sign" is a sign pertaining to the
sale or lease of the lot or tract of land on which
the sign is located, or to the sale or lease of one or
more structures, or a portion thereof located there-
on. (Code 1966, f 36-1301(160))
Sec. 42-780. Sign, roof.
"Roof sign" is a sign erected, constructed and
maintained wholly upon or over the roof of a build-
ing and having the roof as the principal means of
support. (Code 1966, f 35-1301(161))
Sec. 42-781. Sign, wall.
"Wall sign" is a sign fastened to or painted on
a wall of a building or structure in such a manner
that the wall becomes merely the supporting struc-
ture or forms the background surface, and which
does not project more than twelve (12) inches from
such building. (Code 1966, f 36-1301(162))
Sec. 42-782. Small animal hospital.
"Small animal hospital" is a facility for the
medical and surgical treatment of ordinary house-
hold pets, such as dogs, cats, birds, and the like,
excluding however, horses, donkeys, burros, goats,
sheep, or other similar animals or pets not capa-
ble of being cared for entirely within the confines
of a residence. (Code 1966, ~ 36-1301(163))
Sec. 42.782.1. Start of construction.
"Start of construction" (for the purposes of the
floodplain regulations) includes substantial im-
provements, and means the date the building
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ZONING REGULATIONS
~ 42.786
permit was issued, provided the actual start of
construction repairs, reconstruction, rehabilita-
tion, addition, placement, or other improvement
was within one hundred eighty (180) days of the
permit date. The actual start means either the
first placement of permanent construction of a
structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction
of columns, or any work beyond the stage of ex.
cavation; or the placement of a manufactured
home on a foundation. Permanent construction
does not include land preparation, such as clearing,
grading and filling; nor does it include the instal-
lation of streets and/or walkways; nor does it in-
clude the excavation for a basement, footings,
piers, or foundations or the erection of temporary
forms; nor does it include the installation of build-
ings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
For a substantial improvement, the actual start
of construction means the fIrst alteration of any
wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects
the external dimensions of the building. (Ord. No.
86-9119, ~ 2, 2-3-86; Ord. No. 87.9184, ~ 3, 5~11-87;
Ord. No. 95.9524, ~ 5, 8-10.92)
Sec. 42-783. Structure.
(a) "Structure" is anything constructed or erected
with a fixed location on the ground, or attached to
something having a fixed location on the ground.
Among other things, structures include buildings,
walls, sheds, towers, and bins. For purposes of
this chapter, residential air conditioning conden-
sation units and similar cooling system appara.
tus, or so-called "window" or "room" conditioners
shall not be considered as structures.
(b) "Structure" (for the purposes of the flood
plain regulations) means a walled and roofed build.
ing that is principally above ground, as well as a
manufactured home, and a gas or liquid storage
tank that is principally above ground. (Code 1966,
~ 36-1301(164); Ord. No. 86-9119, ~ 5,2.3-86; Ord.
No. 87-9184, ~ 4, 5-11-87)
Sec. 42-784. Subdivision.
"Subdivision" is any land, vacant or improved,
which is divided or proposed to be divided into
Supp. No. 10
two (2) or more lots for the purpose of ofTer, sale,
lease or development. Subdivision includes the
division or development of residential and non.
residential zoned land. (Code 1966, ~ 36.1301(165))
Sec. 42-785. Subdivision regulations.
"Subdivision regulations" are the official sub-
division regulations of the city, together with all
amendments thereto, adopted pursuant to Kan-
sas Statutes Annotated, Section 12.705. (Code 1966,
~ 36.1301(166))
Sec. 42.785.1. Substantial improvement.
"Substantial improvement" is any reconstruc-
tion, rehabilitation, addition, or other improve-
ment of a structure, the cost of which equals or
exceeds flfty (50) percent of the market value of
the structure before the start of construction of
the improvement. This term includes structures
which have incurred substantial damage, regard-
less of the actual repair work performed. The term
does not, however, include either:
(1) Any project for improvement of a structure
to correct existing violations of state or local
health, sanitary, or safety code specifica-
tions which have been identified by the local
code enforcement official and which are the
minimum necessary to assure safe living
conditions; or
(2) Any alteration of an historic structure, pro-
vided that the alteration will not preclude
the structure's continued designation as an
historic structure. (Ord. No. 86-9119, ~ 2,
2-3-86; Ord. No. 95-9524, ~ 6, 8-10-92)
Sec. 42.785.2. Substantial damage.
Substantial damage means damage of any or-
igin sustained by a structure whereby the cost of
restoring the structure to its before damaged con-
dition would equal or exceed fifty (50) percent of
the market value of the structure before damage
occurred. (Ord. No. 92-9524, ~ 7,8-10-92)
Sec. 42-786. Tavern.
"Tavern" is an establishment in which the prin-
cipal function is the selling or serving of beer
2571
~ 42-786
SALINA CODE
having an alcoholic content of no greater than
three and two-tenths (3.2) percent by volume to
customers for consumption on the premises. (Code
1966, i 36-1301(167))
Sec. 42-787. Temporary use.
"Temporary use" is a use permitted in the zon-
ing district subject to a specific time limit; unless
otherwise specified in these regulations, a time
period not to exceed two (2) years. (Code 1966, i
36-1301(168))
Sec. 42-788. Topper.
"Topper" is a portable unit constructed to pro-
vide temporary living quarters for recreational,
travel, or camping use, consisting of a roof and
sides and designed to be loaded onto and unloaded
from the bed of a pickup truck. (See "recreational
vehicle.") (Code 1966, i 36.1301(169))
Sec. 42-789. Trailer.
"Trailer" is a vehicle standing on wheels or on
rigid supports which is used for transporting boats.
cargo or property. (Code 1966, i 36-1301(170))
Sec. 42-790. Travel trailer.
"Travel trailer" is a vehicular unit, mounted
on wheels, designed to provide temporary living
quarters for recreational, camping, or travel use
and of such size or weight as not to require spe-
cial highway movement permits when drawn by
an authorized vehicle, and with a living area of
less than two hundred twenty (220) square feet,
excluding built-in equipment (such as wardrobes,
closets, cabinets, kitchen units or fixtures) and
bath and toilet rooms. (See "recreational vehicle. ")
(Code 1966, i 36-1301(171))
Sec. 42-791. Truck camper.
"Truck camper" is a portable unit constructed
to provide temporary living quarters for recrea-
tional, travel, or camping use, consisting of a roof
and sides and designed to be loaded onto and
unloaded from the bed of a pickup truck. (See
"recreational vehicle.") (Code 1966. i 36-1301(172))
Supp. No. 10
Sec. 42-792. Undue restriction of the regula-
tory flood.
"Undue restriction of the regulatory flood" is a
restriction or blocking of the conveyance of flood-
water on a flood plain created by structures or fill
which, when coupled with an assumed equal con-
veyance reduction on the opposite side of the flood
plain, results in an increase in the height of the
regulatory flood of more than one foot. (Code 1966,
i 36-1301(173))
Sec. 42-793. Use.
"Use" is any purpose for which a structure or a
tract of land may be designed, arranged, intend-
ed, maintained or occupied; also, any activity,
occupation, business or operation carried on, or
intended to be carried on, in a structure or on a
tract of land. (Code 1966, i 36-1301(174))
Sec. 42-794. Use regulations.
"Use regulations" are the provisions of this
chapter which identify permitted and conditional
uses, impose use limitations, require 'adherence
to performance standards and regulate home oc-
cupations and accessory and temporary uses. (Code
1966, i 36-1301(175))
Sec. 42-794.1. Variance.
"Variance" is a grant of relief to a person from
the requirements of this chapter which permits
construction and/or development in a manner oth-
erwise prohibited by this chapter where specific
enforcement would result in unnecessary hard-
ship. (Ord. No. 86-9119, i 2, 2-3-86)
Sec. 42-795. Vision clearance area.
"Vision clearance area" is a triangular area on
a lot at the intersection of two (2) streets or a
street and a railroad, two (2) sides of which are lot
lines measured from the corner intersection of
the lot lines to a distance specified in this chap-
ter. The third side ofthe triangle is a line across
the corner of the lot joining the ends of the other
two (2) sides. Where the lot lines at intersections
have rounded corners, the lot lines will be ex-
2572
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ZONING REGULATIONS
~ 42.814
tended in a straight line to a point of intersection.
(Code 1966, t 36-1301(176))
Cro.. reference-Obstructing visibility at intersections,
U 35.51 et seq., 42-81.
Sec. 42-796. Wall sign.
See "sign, wall." (Code 1966, t 36-1301(177))
Sec. 42-797. Wholesale sales.
"Wholesale sales" are the sale of goods, mer-
chandise and commodities for resale. (Code 1966,
t 36-1301(178))
Sec. 42-798. Width, lot.
See "lot width." (Code 1966, t 36-1301(179))
Sec. 42-799. W"md energy conversion system
(WECS).
"Wind energy conversion system (WECS)" means
any device such as wind generator, wind charger,
windmill or wind turbine which converts wind
energy to another form of useable energy. (Ord.
No. 81-8875, t 1, 9-14-81)
Sec. 42-800. Yard.
"Yard" is open space on a lot which is unoccu-
pied and unobstructed from its lowest level to the
sky, except for permitted obstructions. (Code 1966,
t 36-1301(180))
Sec. 42-801. Yard, front.
"Front yard" is a yard extending along the full
length of a front lot line and back to a line drawn
parallel to the front lot line at a distance there-
from equal to the depth of the required front yard.
On a corner lot or a double or reverse frontage lot,
each yard that abuts a front lot line shall be
~nsidered a front yard. (Code 1966, t 36-1301(181))
Sec. 42-802. Yard, rear.
"Rear yard" is a yard extending along the full
length of the rear lot line and back to a line
drawn parallel to the rear lot line at a distance
therefrom equal to the depth of the required rear
yard. In the case of a corner lot, there shall be no
Supp. No. 10
rear yard as defined, and in such case the sides
opposite the street sides shall be considered as
side yards for setback purposes. (Code 1966, t
36-1301(182))
Sec. 42-803. Yard, side.
"Side yard" is a yard extending along a side lot
line and back to a line drawn parallel to the side
lot line at a distance therefrom equal to the width
of the required minimum side yard, but excluding
any area encompassed within a front yard or rear
yard. Dimensions of minimum side yards speci-
fied in the district regulations of this chapter refer
to the required width of each side yard rather
than to the width of both side yards, unless oth-
erwise specified. (Code 1966, t 36-1301(183))
Sec. 42-804. YMCA, YWCA, Boy Scouts, Girl
Scouts, Campfire Girls and other
similar groups.
"YMCA, YWCA, Boy Scouts, Girl Scouts, Camp-
fire Girls and other similar groups" are associa-
tions formally organized for a common purpose,
or interest, and operated not for profit for persons
who are bona fide members, which own, hire, or
lease premises, the use of which premises is pri-
marily utilized for the promotion of the common
purpose or interest of the association. Food, meals
and beverages may be served on such premises,
provided adequate dining room space and kitchen
facilities are available. No alcoholic beverages
may be .served or sold on the premises. (Code
1966, t 36-1301(184))
Sec. 42-805. Zoning lot.
See "lot, zoning." (Code 1966, t 36-1301(185))
Sec. 42-806. Zoning regulations.
"Zoning regulations" are the official zoning reg.
ulations of the city together with any and all
amendments adopted pursuant to Kansas Stat-
utes Annotated, Section 12-107, et seq. (Code 1966,
t 36-1301(186))
Sees. 42.807-42.814. Reserved.
2573
~ 42-815
SALINA CODE
ARTICLE XV. AIRPORT ZONING
DISmICT*
Sec. 42.815. Short title.
This article shall be known and may be cited as
"Salina Municipal Airport Zoning Ordinance."
(Ord. No. 92-9534, ~ 1, 9-21-92)
Sec. 42.816. Definitions.
As used in this article, unless the context oth.
erwise requires:
(1) Airport means Salina Municipal Airport.
(2) Airport elevation means the established el.
evation of the highest point on the usable
landing area.
(3) Airport hazard means any structure, tree
or use of land which obstructs the airspace
required for, or is otherwise hazardous to,
the flight of aircraft in landing or taking
off at the airport.
(4) Airport reference point means the point es-
,tablished as the approximate geographic
center of the airport landing area and so
designated.
(5) Board of adjustment means the board of di.
rectors of the Salina Airport Authority.
(6) Height, for the purpose of determining the
height limits in all zones set forth in this
article and shown on the zoning map, the
datum shall be mean sea level elevation
unless otherwise specified.
(7) Instrument runway means a runway
equipped or to be equipped with a precision
electronic navigation aid or landing aid or
other air navigation facilities suitable to
permit the landing of aircraft by an instru.
ment approach under restricted visibility
conditions.
(8) Landing area means the area of the airport
used for the landing, taking off or taxiing
of aircraft.
.State law reference-Airport zoning regulations. K.SA
3.701 et seq.
Supp. No. 10
(9) lArge airplane means an airplane of more
than twelve thousand five hundred (12,500)
pounds (5,700 kg) maximum certificated
takeoff weight.
(10) Nonconforming use means any preexisting
structure, tree, natural growth or use of
land which is inconsistent with the provi-
sions of this article or an amendment
thereto.
(11) Noninstrument runway means a runway
other than an instrument runway and in-
cludes both nonprecision and visual run.
ways.
(12) Nonprecision instrument runway means a
runway with an approved or planned
straight.in instrument approach procedure
which has no existing or planned precision
instrument approach procedure.
(13) Person means an individual, firm, partner-
ship, corporation, company, association,
joint stock association, or body politic, and
includes a trustee, receiver, assignee, ad.
ministrator, executor, guardian, or other
representative.
(14) Runway means the paved surface of an air.
port landing area.
(15) Small airplane means an airplane of twelve
thousand five hundred (12,500) pounds
(5,700 kg) or less maximum certificated
takeoff weight.
(16) Structure means an object constructed or
installed by man, including, but without
limitation, buildings, towers, smokestacks,
and overhead transmission lines.
(17) Tree means any object of natural growth.
(18) Visual runway means a runway without an
existing or planned straight-in instrument
approach procedure. (Ord. No. 92-9534, ~ I,
9-21-92)
Sec. 42-817. Aircraft use zones.
In order to carry out the provisions of this ar.
ticle, there are hereby created and established cer-
tain zones which include all of the land lying
within the instrument approach zones, noninstru-
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ZONING REGULATIONS
ment approach zones, transition zones, horizontal
zone and conical zone. Such areas and zones are
shown on Salina Municipal Airport Airspace
Drawing consisting of one (1) sheet, prepared by
the Salina AirPort Authority and dated May, 1992,
which is attached to this article and made a part
hereof. The various zones are hereby established
and defined as follows:
(1) Instrument approach zone. An instnIment
approach zone is established at each end of
the instrument runway for instrument land-
ings and takeoffs. The instrument approach
zones shall have a width of one thousand
(1,000) feet at a distance of two hundred
(200) feet beyond each end of the runway,
widening thereafter uniformly to a width
of sixteen thousand (16,000) feet at a dis-
tance of fifty thousand two hundred (50,200)
feet beyond each end of the runway, its
center line being the continuation of the
centerline of the runway.
(2) Nonprecision instrument approach zone. A
nonprecision instrument approach zone is
established at each end of all nonprecision
instrument runways for nonprecision in-
strument landings and takeoffs. Two (2) ap-
proach zone sizes exist, one for runways
serving small airplanes, one for runways
serving large airplanes.
Large airplanes: The nonprecision instru-
ment approach zone shall have a width of
five hundred (500) feet at a distance of two
hundred (200) feet beyond each end of the
runway, widening thereafter uniformly to
a width of three thousand five hundred
(3,500) feet at a distance of ten thousand
two hundred (10,200) feet beyond each end
of the runway, its centerline being the con-
tinuation of the centerline of the runway.
Small airplanes: The nonprecision instru-
ment approach zone shall have a width of
five hundred (500) feet at a distance of two
hundred (200) feet beyond each end of the
runway, widening thereafter uniformly to
a width of two thousand (2,000) feet at a
distance of five thousand two hundred
(5,200) feet beyond each end of the runway,
Supp. No. 10
~ 42.817
its centerline being the continuation of the
centerline of the runway.
(3) VFR approach zone. A visual flight rules
(VFR) approach zone shall have a width of
two hundred fifty (250) feet at a distance of
two hundred (200) feet beyond each end of
the runway widening thereafter uniformly
to a width of one thousand two hundred.
fifty (1,250) feet at a distance of five thou-'
sand two hundred (5,200) feet beyond each
end of the runway.
(4) Transition zones. Transition zones are
hereby established adjacent to each instru.
ment and noninstrument runway and ap-
proach zone as indicated on the zoning map.
Transition zones symmetrically located on
either side of runways have variable widths
as shown on the airspace drawing.
Transition zones extend outward from a line
two hundred fIfty (250) feet on either side of
the centerline of the noninstrument
runway, for the length of such runway plus
two hundred (200) feet on each end; and
five hundred (500) feet on either side of the
centerline of the instrument runway, for
the length of such runway plus two hun-
dred (200) feet in each end, and are parallel
and level with such runway centerlines.
This described zone is known as the pri-
mary surface. The transition zones along
such runways slope upward and outward
one (1) foot vertically for each sev.en (7) feet
horizontally to the point where they inter-
sect the horizontal surface. Further, tran-
sition zones are established adjacent to both
instrument and noninstrument approach
zones for the entire length of the approach
zones. These transition zones have variable
widths, as shown on the zoning map. Such
transition zones flare symmetrically with
either side of the runway approach zones
from the base of such zones and slope up-
ward and outward at the rate of one (1) foot
vertically for each seven (7) feet horizon.
tally to the points where they intersect the
surfaces of the horizontal and conical zones.
Additionally, transition zones are estab.
2575
~ 42-817
SALINA CODE.
lished adjacent to the instrument approach
zone where it projects through and beyond
the limits of the conical zone, extending a
distance of five thousand (5,000) feet mea-
sured horizontally from the edge of the in-
strument approach zones at right angles to
the continuation of the centerline of the
runway.
(5) Horizontal surface. The horizontal surface
is a horizontal plane one hundred fifty (150)
feet above the established airport eleva-
tion, the perimeter of which is constructed
by swinging arcs of specified radii from the
center of each end of the primary surface of
each runway and connecting the adjacent
arcs. The radius of each arc is: (1) five thou-
sand (5,000) feet for all runways designated
as visual or nonprecision-small airplane;
and (2) ten thousand (10,000) feet for all
other runways. The radius of the arc spec-
ified for each end of a runway will have the
same arithmetical value. That value will
be the highest determined for either end of
the runway. When a five thousand (5,000)
foot arc is encompassed by tangents con.
necting two adjacent ten thousand (10,000)
foot arcs, the five thousand (5,000) foot arc
shall be disregarded on the construction of
the perimeter of the horizontal surface.
(6) Conical surface. The conical surface is
hereby established as a surface extending
outward and upward from the periphery of
the horizontal surface at a slope of one (1)
foot vertically for each twenty (20) feet hor.
izontally for a horizontal distance of four
thousand (4,000) feet.
(Ord. No. 92-9534, ~ 1,9-21-92)
Sec. 42-818. Height limitations.
(a) Except as otherwise provided in this article,
no structure or tree shall be erected, altered, al-
lowed to grow, or maintained in any zone created
by this article to a height in excess of the height
limit herein established for such zone. Such height
limitations are hereby established for each of the
zones in question as follows:
(1) Instrument approach zone. One (1) foot in
height for each fifty (50) feet in horizonal
Supp. No. 10
distance beginning at a point two hundred
(200) feet from and at the center line eleva-
tion of the end of the instrument runway
and extending a distance of ten thousand
two hundred (10,200) feet from the end of
the runway; thence one (1) foot in height
for each forty (40) feet in horizontal dis.
tance to a point fxfty thousand two hundred
(50,200) feet from the end of the runway;
(2) Noninstrument approach zones. Large air-
planes: One (1) foot in height for each thirty-
four (34) feet in horizontal distance begin-
ning at a point two hundred (200) feet from
and at the centerline elevation of the end of
the noninstrument runway and extending
to a point ten thousand two hundred
(10,200) feet from the end of the runway;
Small airplanes: On~ (1) foot in height for
each twenty (20) feet in horizontal distance
beginning at a point two hundred (200) feet
from and at the centerline elevation at the
end of the noninstrument runway and ex-
tending to a point five thousand two hun-
dred (5,200) feet from the end of the runway;
(3) Transition zones. One (1) foot in height for
each seven (7) feet in horizontal distance
beginning at any point two hundred flfty
(250) feet normal to and at the elevation of
the centerline of noninstrument runways,
extending two hundred (200) feet beyond
each end thereof, and fxve hundred (500)
feet normal to and at the elevation of the
centerline of the instrument runway, ex-
tending two hundred (200) feet beyond each
end thereof, extending to a height of one
hundred fxfty (150) feet above the airport
elevation which is one thousand two hun.
dred eighty-fxve (1,285) feet above mean sea
level. In addition to the foregoing, there are
established height limits of one (1) foo~ ver-
tical height for each seven (7) feet hori-
zontal distance measured from the edges of
all approach zones for the entire length of
the approach zones and extending upward
and outward to the points where they in-
tersect the horizontal or conical surfaces.
Further, where the instrument approach
zone projects through and beyond the con.
ical surface a height limit of one (1) foot for
2576
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ZONING REGULATIONS
each seven (7) feet of horizontal distance
shall be maintained beginning at the edge
of the instrument approach zone and ex-
tending a distance of five thousand (5,000)
feet from the edge of the instrument ap-
proach zone measured normal to the cen-
terline of the runway extended;
(4) Horizontal surface. One hundred fifty (150)
feet above the airport elevation or a height
of one thousand four hundred thirty-five
(1,435) feet above mean sea level;
(5) Conical surface. One (1) foot in height for
each twenty (20) feet of horizontal distance
beginning at the periphery of the horizontal
surface, extending three hundred fifty (350)
feet above the airport elevation; and
(6) Excepted height limitations. Nothing in this
article shall be construed as prohibiting the
growth, construction or maintenance of any
tree or structure to a height up to seventy-
five (75) feet above the surface of the land;
except when, because of the terrain, land
contour or topographic features, such tree
or structure would extend above the height
limits prescribed for such zone.
(b) Where an area is covered by more than one
(1) height limitation, the more restrictive limita-
tions shall prevail. (Ord. No. 92-9534, ~ 1,9-21-92)
Sec. 42.819. Use restrictions.
Notwithstanding any other provisions of this
article, no use may be made of land within any
zone established by this article in such a manner
as to create electrical interference with radio com-
munication between the airport and aircraft, make
it difficult for flyers to distinguish between air-
port lights and others, result in glare in the eyes
of flyers using the airport, impair visibility in the
vicinity of the airport or otherwise endanger the
landing, taking off, or maneuvering of aircraft.
(Ord. No. 92-9534, ~ 1, 9.21-92)
Sec. 42.820. Nonconforming uses.
(a) Regulations not retroactive. The regulations
provided by this article shall not be construed to
require the removal, lowering or other change or
alteration of any structure or tree not conforming
Supp. No. 10
~ 42.821
to the regulations as of September 21, 1992 as
amended, or otherwise interfere with continuance
of any nonconforming use, except as provided in
subsection 3 of Section 3-707 of the General Stat-
utes Supplement of 1947, or any amendments
thereto; provided, however, that the city may re-
quire upon thirty (30) days' notice in writing any
person owning and maintaining any noncon-
forming pole or pole line upon the roads and high-
ways immediately adjoining the airport to re-
move, lower, change, or alter said nonconforming
pole or pole line, upon prior payment by the city
to said person of the reasonable and necessary
expense of removing, lowering, changing, or al-
tering the pole or pole line; or in lieu thereof to
execute a good and sufficient bond with corporate
surety thereon as security for the payment of the
reasonable and necessary expense of removing,
lowering, changing, or altering such pole or pole
lines. Reasonable and necessary expense of re-
moving, lowering, changing or altering the pole
or pole line shall include, among other items of
expense, the actual cost of (1) constructing under-
ground conduits and the construction of such wires
and equipment in such conduits, and (2) rerouting
wires together with the poles, cross arms and other
equipment connected thereto, together with the
cost of any of a new right-of.way made necessary
by such rerouting.
(b) Marking and lighting. Notwithstanding the
preceding provision of this section, the owner of
any nonconforming structure or tree is hereby re-
quired to permit the installation, operation, and
maintenance thereon of such markers and lights
as shall be deemed necessary by the building of-
ficial to indicate to the operators of aircraft in the
vicinity of the airport, the presence of such air-
port hazards. Such markers and lights shall be
installed, operated, and maintained at the ex-
pense of the city. (Ord. No. 92-9534, ~ 1, 9-21-92)
Sec. 42.821. Permits.
(a) Future uses. Except as specifically provided
in subsections (1), (2) and (3) hereunder, no mate-
rial change shall be made in the use of land and
no structure or tree shall be erected, altered,
planted or otherwise established in any zone
hereby created unless a permit therefor shall have
been applied for and granted. Each application for
2577
~ 42.821
SALINA CODE
a permit shall indicate the purpose for which the
permit is desired, with sufficient particularity to
permit it to be determined whether the resulting
use, structure or tree would conform to the regu-
lations herein prescribed. If such determination is
in the affirmative, the permit shall be granted.
(1) In the area lying within the limits of the
horizontal surface and the conical surface,
no permit shall be required for any tree or
structure less than seventy-five (75) feet of
vertical height above the ground, except
when because of terrain, land contour or
topographic features such tree or structure
would extend above the height limits pre-
scribed for such zone.
(2) In the areas lying within the limits of the
instrument and noninstrument approach
zones but at a horizontal distance of not
less than four thousand two hundred (4,200)
feet from each end of the runways, no permit
shall be required for any tree or structure
less than seventy-five (75) feet of vertical
height above the ground, except when such
tree or structure would extend above the
height limit prescribed for such instrument
or noninstrument approach zone.
(3) In the areas lying within the limits of the
transition zones beyond the perimeter of the
horizontal surface, no permit shall be re-
quired for any tree or structure less than
seventy-five (75) feet of vertical height above
the ground except when such tree or struc-
ture, because of terrain, land contour or to-
pographic features would extend above the
height limit prescribed for such transition
zones.
Nothing contained in any of the foregoing excep-
tions shall be construed as permitting or intending
to permit any construction, alteration or growth
of any structure or tree in excess of any of the
height limits established by this article except as
set forth in section 42-818. (Ord. No. 92-9534, ~ 1,
9-21-92)
(b) Existing uses. No permit shall be granted
that would allow the establishment or creation of
an airport hazard or permit a nonconforming use,
structure, or tree to be made or become higher, or
Supp. No. 10
become a greater hazard to air navigation, than it
was on September 21, 1992, or on the effective
date of any amendment to this article, or than it
is when the applicatior. for a permit is made. Ex-
cept as indicated, all applications for such a permit
shall be granted.
(c) Nonconforming uses abandoned or destroyed.
Whenever the building official determines that a
nonconforming structure or tree has been aban-
doned or more than eighty (80) percent torn down,
physically deteriorated, or decayed, no permit shall
be granted that would allow such structure of tree
to exceed the applicable height limit or otherwise
deviate from the zoning regulations.
(d) Variances. Any person desiring to erect or
increase the height of any structure, or permit the
growth of any tree, or use his property, not in
accordance with the regulations prescribed in this
article, may apply to the board of adjustment for
a variance from such regulations. Such variances
shall be allowed where it is duly found that a
literal application or enforcement of the regula-
tions would result in practical difficulty or unnec-
essary hardship and the relief granted would not
be contrary to the public interest but will do sub-
stantial justice and be in accordance with the spirit
of this article.
(e) Hazard marking and lighting. Any permit
or variance granted may, if such action is deemed
advisable to effectuate the purpose of this article
and be reasonable in the circumstances, be so con-
ditioned as to require the owner of the structure
or tree in question to permit the city at its own
expense, to install, operate and maintain thereon
such markers and lights as may be necessary tooindicate to flyers the presence of an airport hazard.
(Ord. No. 92-9534, ~ 1, 9-21-92)
Sec. 42-822. Enforcement.
It shall be the duty of the building official to
administer and enforce the regulations prescribed
herein. Applications for permits and variances
shall be made to the building official upon a form
furnished, by him. Applications required by this
article to be submitted to the building official shall
be promptly considered and granted or denied by
him. Applications for action by the board of ad-
2578
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ZONING REGULATIONS
~ 42.824
justment shall be forthwith transmitted by the
building official. (Ord. No. 92-9534, ~ 1, 9.21-92)
Sec. 42.823. Board of adjustment.
(a) There is hereby created a board of adjust-
ment to have and exercise the following powers:
(1) To hear and decide appeals from any order,
requirement, decision or determination
made by the building official in the enforce-
ment of this article;
(2) To hear and decide special exceptions to the
terms of this article upon which such board
of adjustment under such regulations may
be required to pass;
(3) To hear and decide specific variances.
(b) The board of adjustment shall consist of all
of the members of the board of directors of the
airport authority as created in accordance with
article II of Chapter 4; and that by appointment to
the board of directors of the airport authority shall
automatically constitute appointment to the board
of adjustment for the same term as provided for in
article II of chapter 4.
(c) The board of adjustment shall adopt rules
for its governance and procedure in harmony with
the provisions of this article. Meetings of the board
of adjustment shall be held at the call of the
chairman and at such other times as the board of
adjustment may determine. The chairman, or in
his absence the acting chairman, may administer
oaths and compel the attendance of witnesses. All
hearings of the board of adjustment shall be public.
The board of adjustment shall keep minutes of its
proceedings showing the vote of each member upon
each question or, if absent or failing to vote, indi-
cating such fact, and shall keep records of its ex-
aminations and other official actions, all of which
shall immediately be fIled in the office of the city
clerk and shall be a public record.
(d) The board of adjustment shall make written
findings of fact and conclusions of law giving the
facts upon which it acted and its legal conclusions
from such facts in reversing, aff"lI"II1ing or modi-
fying any order, requirement, decision or deter-
mination which comes before it under the provi-
sions of this article.
Supp. No. 10
(e) The concurring vote of a majority of the mem-
bers of the board of adjustment shall be sufficient
to reverse any order, requirement, decision or de-
termination of the building official or to decide in
favor of the applicant on any matter upon which
it is required to pass under this article, or to effect
any variation in this article. (Ord. No. 92-9534, ~
1, 9-21-92)
Sec. 42.824. Appeals.
(a) Any person aggrieved, or any taxpayer af-
fected, by any decision of the building official made
in his administration of this article, may appeal
to the board of adjustment.
(b) All appeals hereunder must be taken within
a reasonable time as provided by the rules of the
board of adjustment, by filing with the building
official a notice of appeal specifying with the
grounds thereof. The building official shall forth-
with transmit to the board of adjustment all the
papers constituting the record upon which the ac-
tion appealed from was taken.
(c) An appeal shall stay all proceedings in fur.
therance of the action appealed from, unless the
building official certifies to the board of adjust-
ment, after the notice of appeal has been fIled
with it, that by reason of the facts stated in the
certificate a stay would, in his opinion, cause im-
minent peril to life or property. In such case, pro-
ceedings shall not be stayed except by order of the
board of adjustment on notice to the building of-
ficial and on due cause shown.
(d) The board of adjustment shall fix a reason.
able time for hearing appeals, give public notice
and due notice to the parties in interest, and de-
cide the same within a reasonable time. Upon the
hearing any party may appear in person or by
agent or by attorney.
(e) The board of adjustment may, in conformity
with the provision of this article, reverse or af.
firm, in whole or in part, or modify the order,
requirements, decision or determination appealed
from and may make such order, requirement, de-
cision or determination, as may be appropriate
under the circumstances. (Ord. No. 92-9534; ~ 1,
9-21-92)
2579
~ 42-825
SALINA CODE
Sec. 42-825. Judicial review.
Any person aggrieved, or any taxpayer affected,
by any decision of the board of adjustment, may
appeal to the district court of the county as pro-
vided in K.S.A. 3-709. (Ord. No. 92-9534, ~ 1,
9-21-92)
[The next page is 2869]
Supp. No. 10
2580
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No.1.
No.2.
No. S.
No.4.
No.5.
No.6.
No.7.
No. 8.
No.9.
No. 10.
No.11.
No. 12.
No. IS.
No. 14.
No. 15.
No. 16.
No. 17.
e
No. 18.
No. 19.
No. 20.
No. 21.
No. 22.
No. 23.
No. 24.
No. 25.
No. 26.
No. 27.
No. 28.
No. 29.
No. SO.
.
APPENDIX A
CHARTER ORDINANCES.
Limitation on Tas Levies
Urban Renewal, At 1-7
Limitation on Tas Levies
Longevity Pay for Fire Department
Payment Upon Retirement to Certain Members of the
Police and Fire Department.
Contribution By Officers and Members of the Fire and
Police Department. for Retirement Systems
Investment of Money for Policemen's and Firemen's Pen-
sion Funds
Band
Limitation on Tas Levies,1II1-4
Cereal Malt Beverage Licenses, fA 1-3
Licensing of Pawnbrokers
Licensing of Pawnbrokers
General Improvements, !II 1-4
Consumption of Alcoholic Liquor in Public Places, 1II1-4
Payment Upon Retirement to Certain Members of the
Police and Fire Departments, 1II1-3
Special Fund for Paying Utility Costs and Employee Ben-
efits
Special Fund for Paying Utility Costs and Employee Ben-
efits, 1II1-8
Municipal Court Cost. and Fees, At 1-4
Licensing of Pawnbrokers and Precious Metal Dealers, to
1-4
Fixed Asset Records for Buildings and Land, At 1-3
Municipal Court Costs and Fees, !II 1-8
Promotion of Tourism and Conventions, to 1-8
General Improvement. and I88Uance of Bonds, 1II1-5
Salaries of Members of Governing Bodies, to 1-4
General Improvements and I88Uance of Bonds, At 1-5
Membership of Convention and Tourism Committee, At
1-4
Exemptin, the City From the Provisions of the K.S.A.
IS-1017, As Amended, ff 1-3
Exempting the City From the Provisions of K.S.A. 12-868,
lill-4
Exempting the City From the Provisions of K.S.A. lS-
1024a, 1II1-5
Exempting the City From the Provisions of K.S.A. 12-1008,
If 1-5
.Editor's note-This Appendix contains the city's charter ordinances in their original form, as adopted by the board of
commissioners and as filed with the secretary of state. The headings preceding each ordinance and catchlines for the sections were
added by the editor.
Cross references-Charter ordinances saved from repeal, ~ 1-5(15); administration, Ch. 2.
e
Supp. No. 13
2869
APPENDIX A-CHARTER ORDINANCES
No. 2, ~ 2
e
NO.1. LIMITATION ON TAX LEVIES.
.
CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM K.S.A. 79-
1951 AND PROVIDING SUBSTITUTE AND AD-
DITIONAL PROVISIONS ON THE SAME SUB-
JECT. AUTHORIZING AND LIMITING TAX
LEVIES IN ANY ONE YEAR ON EACH DOL-
LAR OF ASSESSED TANGIBLE VALUATION
AND PRESCRIBING AN AGGREGATE LIMIT
FOR ALL CITY WIDE TAX LEVIES.
NO.2. URBANRENEWALt
e
A CHARTER ORDINANCE EXEMPrING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 17-4754 AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME SUBJECT; DEFINING THE
POWERS OF THE CITY FOR THE PURPOSE
OF AIDING IN THE PLANNING, UNDERTAK-
ING AND CARRYING OUT OF THE URBAN
RENEWAL PROJECTS LOCATED WITHIN THE
CITY AND PROVIDING THE PROCEDURE FOR
THE ISSUANCE AND SALE OF GENERAL OB-
LIGATION BONDS OF THE CITY FOR THE
PURPOSE OF UNDERTAKING OR CARRYING
OUT OF AN URBAN RENEWAL PROJECT OF
THE CITY.
BE IT ORDAINED BY THE GOVERNING
BODY OF THE CITY OF SALINA, KANSAS:
Section 1. Election to exempt.
.
That the City of Salina, Kansas, a city of the
first class of less than 125,000 population by the
power vested in it by Article 12, Section 5, of the
Constitution ofthe State of Kansas, hereby elects
to exempt and does exempt itself from and makes
inapplicable to it K.S.A. 17-4754 which is not
applicable uniformly to all cities of the first class
and provides substitute and additional provisions
as hereafter provided.
e
-Editor's note-Charter Ordinance No. 1 was adopted on
March 22, 1965, and was later repealed by Charter Ordinance
No.3.
tCross reference-Economic Development, Ch. 11.
Supp. No. 11
Section 2. Powers and duties generally.
The governing body of the City of Salina, Kan-
sas, is hereby authorized and empowered for the
purpose of aiding in the planning, undertaking or
carrying out of any urban renewal project within
its corporate limits, upon such terms, with or
without consideration, as it may determine:
(a) Dedicate, sell, conveyor lease any of its
interest in any property or grant ease-
ments, licenses or other rights or privileges
therein to a municipality;
(b) Incur the entire expense of any public
improvements made by such public body in
exercising the powers granted in this sec-
tion;
(c) Do any and all things necessary to aid or
cooperate in the planning or carrying out of
an urban renewal plan;
(d) Lend, grant or contribute funds to a munic-
ipality;
(e) Enter into agreements (which may extend
over any period, notwithstanding any pro-
vision or rule of law to the contrary) with a
municipality or other public body respect-
ing action to be taken pursuant to any of
the powers granted by this act, including
the furnishing of funds or other assista:lce
in connection with an urban renewal project;
and
(f) Cause public buildings and public facilities
including parks, playgrounds, recreational,
community, education, water, sewer or drain-
age facilities, or any other works which it is
otherwise empowered to undertake to be
furnished; furnish, dedicate, close, vacate,
pave, install, grade, regrade, plan or replan
streets, roads, sidewalks, ways or other
places; plan or replan, zone or rezone any
part of the public body or make exceptions
from building regulations; and cause ad-
ministrative and other services to be fur-
nished to the municipality. If at any time
title to or possession of any urban renewal
project is held by any public body or gov-
ernmental agency, other than the munici-
pality, which is authorized by law to engage
in the undertaking, carrying out, or admin-
2870.1
No. 2, ~ 2
SALINA CODE
istration or urban renewal projects (includ-
ing any agency or instrumentality of the
United States of America), the provisions of
the agreements referred to in this section
shall inure to the benefit of and may be
enforced by such public body or governmen-
tal agency. As used in this ordinance, the
term "municipality" shall also include an
urban renewal agency vested with all of the
urban renewal project powers pursuant to
the provisions of KS.A. 17-4756 and any
amendments thereto.
Section 3. 'lransactions without notice or
advertising, etc.
Any sale, conveyance, lease Or agreement, pro-
vided for in this ordinance may be made by the
governing body without appraisal, public notice,
advertisement or public bidding.
Section 4. Furnishing of financial and other
assistance.
For the purpose of aiding in the planning,
undertaking or carrying out of an urban renewal
project of an urban renewal agency, the governing
body may (in addition to its other powers and
upon such terms, with or without consideration,
as it may determine) do and perform any or all of
the actions or things which by the provisions of
Section 1 of this ordinance, the governing body is
authorized to do or perform, including the furnish-
ing of financial and other assistance.
Supp. No. 11
2870.2
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APPENDIX A-CHARTER ORDINANCES
No.5
Section 5. Issuance of bonds.
For the purposes of this ordinance, or for the
purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project within
the city, the governing body may (in addition to
any authority to issue bonds pursuant to K.S.A.
17 -4751) issue and sell its general obligation bonds:
Provided, that before any general obligation bonds
may be issued under the urban renewal law the
city shall adopt a resolution, finding and de~lar-
ing it necessary to issue such bonds, which reso-
lution shall state the purpose for which said bonds
are to be issued and the maximum amount of
bonds to be issued, and shall contain a statement
relating to the provisions for protest as hereinaf-
ter provided, which resolution shall be published
once each week for two (2) consecutive weeks in
the official paper of the city, and if within sixty
(60) days after the date of the last publication of
said resolution, a protest, signed by not less than
five per cent (5%) of the electors in the municipal-
ity, as determined by the vote cast for secretary of
state at the last preceding general election, is
filed with the city clerk, the bonds shall not be
issued, unless the governing body calls an elec-
tion within the time and in the manner prescribed
by K.S.A. 10-120 or any amendments thereto, and
the proposition shall receive the favorable vote of
a majority of the votes cast on the proposition.
Section 6. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in The Salina Jour-
nal, the official city newspaper.
Section 7. Effective.
This is a charter ordinance and shall take ef.
fect sixty-one (61) days after final publication un-
less a sufficient petition for a referendum is filed
and a referendum held on the ordinance as pro-
vided in Article 12, Section 5, Subdivision (c) of
the Constitution of Kansas in which case the or-
dinance shall become effective, if approved by a
majority of the electors voting thereon.
Adopted by the governing body by not less than
two-thirds (2/3) vote of the members elect voting
in favor thereof, and approved by the mayor this
4th day of April, 1966.
NO.3. LIMITATION ON
TAX LEVIES.
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM K.S.A.
79-1951 AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT: AUTHORIZING AND LIMITING TAX
LEVIES IN ANY ONE YEAR ON EACH DOL-
LAR OF ASSESSED TANGIBLE VALUATION
AND PRESCRIBING AN AGGREGATE LIMIT
FOR ALL CITY WIDE TAX LEVIES; AMEND-
ING CHARTER ORDINANCE NO. 1 OF THE
CITY OF SALINA, KANSAS, AND REPEALING
SAID ORIGINAL CHARTER ORDINANCE.
NO.4. WNGEVITY PAY
FOR FIRE DEPARTMENTt
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 13-791 WHICH PROVIDES
LONGEVITY PAY FOR REGULAR APPOINTED
MEMBERS OF THE FffiE DEPARTMENT.
NO.5. PAYMENT UPON RETIREMENT
TO CERTAIN MEMBERS OF THE POLICE
AND FIRE DEPARTMENTS:I:
A CHARTER ORDINANCE EXEMPI'ING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 13-14aOB WHICH PROVIDES
FOR PAYMENTS UPON RETIREMENT TO CER-
TAIN MEMBERS OF THE POLICE DEPART-
MENT OR FffiE DEPARTMENT AND PROVID-
ING SUBSTITUTE AND ADDmONAL PROVI-
SIONS ON THE SAME SUBJECT.
*Editor's note-Charter ordinance no. 3 was adopted on
June 6, 1966, and was later repealed by charter ordinance no.
9.
tEditor's note-Charta' ordinance no. 4 was adopted on
December 19, 1966. It has been rendered obsolete by the sub-
sequent repeal of K.S.A. 13.791.
:t:Edit.or's note-Charta' ordinance no. 5 was adopted on
January 16, 1967. and was later repealed by charter ordi.
nance no. 15.
2871
No.6
SALINA CODE
NO.6. CONTRIBUTIONS BY OFFICERS
AND MEMBERS OF THE FIRE AND
POLICE DEPARTMENTS FOR
RETIREMENT SYSTEMS.
A CHARTER ORDmANCE EXEMPTING THE
CITY OF SALmA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 13-14a06, WInCH PROVIDES
FOR MEMBERSHIP FEES AND CONTRIBU-
TIONS BY OFFICERS AND MEMBERS OF THE
FIRE AND POLICE DEPARTMENTS FOR THEm
RETIREMENT SYSTEMS AND PROVIDING FOR
REFUNDS UPON TERMINATION OF SERVICES
WITH SAID DEPARTMENTS AND PROVIDmG
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME SUBJECT.
NO.7. INVESTMENT OF MONEY FOR
POLICEMEN'S AND FIREMEN'S
PENSION FUNDSt
A CHARTER ORDmANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 13-14a05, WInCH PROVIDES
FOR THE DESIGNATION AND INVESTMENT
OF MONEY DERIVED FROM TAXES AND AS-
SESSMENTS FOR THE POLICEMEN'S AND
FIREMEN'S PENSION FUNDS, PROVIDING FOR
A MINIMUM RESERVE FOR EACH FUND, FOR
THEm RETmEMENT SYSTEMS AND PROVID-
mG SUBSTITUTE AND ADDITIONAL PROVI-
SIONS ON THE SAME SUBJECT.
NO.8. BAND:I:
A CHARTER ORDmANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 12-14a05, WInCH DEFmES
A BAND FOR THE PURPOSES OF USE OF
*Editor's note-Charter ordinance no. 6 was adopted on
March 29, 1971. It has since been rendered obsolete by adop-
tion of a new state law.
tEditor's not-charter ordinance no. 7 was adopted on
March 29,1971. It has since been rendered obsolete by adop-
tion of a new state law.
:j:Editor's not-charter ordinance no. 8 was adopted on
October 29, 1973. It has since been rendered obsolete by the
repeal of K.S.A. 12-14a05.
BAND FUNDS AND PROVIDmG SUBSTITUTE
AND ADDITIONAL PROVISIONS ON THE SAME
SUBJECT.
NO.9. LIMITATION ON TAX LEVIES.
A CHARTER ORDINANCE EXEMPTmG THE
CITY OF SALINA, KANSAS, FROM K.S.A.
79-1951, WHICH PROVIDES FOR A MAXIMUM
RATE OF LEVY IN ANY ONE YEAR; PROVID-
ING SUBSTITUTE AND ADDITIONAL PROVI-
SIONS ON THE SAME SUBJECT; AMENDING
CHARTER ORDINANCE NO.3 OF THE CITY
OF SALINA, KANSAS, AND REPEALmG SAID
EXISTING CHARTER ORDINANCE.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Election to exempt.
That Charter Ordinance No.3 of the City of
Salina, Kansas, is hereby amended to read as
follows:
(1) That the City of Salina, a city of the first
class, by the power vested in it by Article 12,
Chapter 5 of the Constitution of the State of
Kansas, hereby elects to exempt and does
exempt itself from and make inapplicable to
it K.S.A. 79-1951, which is not applicable uni-
formly to all cities and to provide substitute
and additional provisions of the same subject.
(2) That the governing body of the City of Salina
is hereby authorized and empowered to levy
taxes in each year on each dollar of assessed
tangible valuation of said city and to set such
rate of levy as may be needed to meet the
requirements of its adopted budget for the
following purposes: General operating fund,
which shall include the following activities:
General government, police department; fire
department; health and sanitation; waste dis-
posal; streets, alleys and highways; mainte-
nance of public buildings; swimming pool; parks;
animal control; street lighting; traffic signals
and parking control; civil defense; airport;
judgments; band; cemetery; general improve-
*Cross reference-Taxation generally, Ch. 37.
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APPENDIX A-CHARTER ORDINANCES
No. 10, ~ 1
ment (except improvements for which special
assessments are made); industrial fund; nox-
ious weeds, tree maintenance; and flood control.
Provided that the city purposes specifically
authorized by other statutes are not excluded
because they are not above enumerated; and
provided further that the aggregate of all city-
wide tax levies of said city is not limited,
except as provided by legislative enactments
uniformly applicable to all cities.
Section 2. Repealer.
Charter Ordinance No.3 of the City of Salina,
Kansas is hereby repealed.
Section 3. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in the Salina Jour-
nal, the official city newspaper.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication,
unless a sufficient petition for a referendum is
filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (c)
of the Constitution of Kansas in which case the
ordinance shall become effective if approved by
the majority of the electors voting thereon.
Adopted by the governing body by not less than
two-thirds (2/3) of the members elect voting in
favor thereof and approved by the mayor this
18th day of March, 1974.
NO. 10. CEREAL MALT
BEVERAGE LICENSES.
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 41-2702, WHICH PROVIDES
IT TO BE UNLAWFUL TO SELL CEREAL MALT
BEVERAGES AT RETAll.. WITHOUT FIRST SE-
CURING A LICENSE THEREFOR AND ESTAB-
LISHING THE PROCEDURE AND LICENSE
.Cr088 references-Cereal malt beverages generally, , 5-66
et seq.; retailer's license fee for cereal malt beverages, , 5-93.
FEES THEREFOR; AND PROVIDING SUBSTI-
TUTE AND ADDIDONAL PROVISIONS ON THE
SAME SUBJECT.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, a city of the
first class by the powers vested in it by Article 12,
Chapter 5 of the Constitution of the State of Kan-
sas, hereby elects to and does exempt itself from
and makes inapplicable to it the provisions of
K.S.A. 41-2702 and provides substitute and addi-
tional provisions on the same subject as follows,
to wit:
"41-2702. Licenses; application to city or coun-
ty; railway cars; notice to township;
renewals; forms; fees; disposition of
moneys.
"No person shall sell any cereal malt bev-
erage at retail without having first secured a
license for each place of business as herein
provided. In case such place of business is
located within the corporate limits of a city
then the application for license shall be made
to the governing body of such city. In all
other cases the application for license shall
be made to the board of county commission-
ers in the county in which such place of busi-
ness is to be located, except that the applica-
tion for license to sell on railway cars shall
be made to the director of taxation as herein-
after provided. The board of county commis-
sioners in any county shall not issue a li-
cense without giving the clerk of the township
board in the township where the applicant
desires to locate, ~itten notice by registered
mail, . of the filing of said application. The
township board may within ten (10) days file
advisory recommendations as to the granting
of such license and such advisory recommen-
dations shall be considered by said board of
county commissioners before such license is
issued: Provided. That if such license be granted
and issued said board of county commission-
ers shall grant and issue renewals thereof
upon application of the license holder, if he
be qualified to receive the same and unless
2873
No. 10, A 1
SALINA CODE
such license be revoked as provided by law:
And provided further, That said board of county
commissioners shall notify the township board
of all applications for renewals and said town-
ship board may within ten (10) days file advi-
sory recommendations as to the renewal of
such licenses or the refusal thereof with said
board of county commissioners and such ad-
visory recommendations shall be considered
by said board of county commissioners before
any such renewal is granted. The application
shall be verified and upon a form prepared by
the attorney general of the state and shall
contain: (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 mak-
ing 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
intoxicating liquor or the violations of any
other intoxicating liquor law of any state or
of the United States.
"Such application shall be accompanied by
a fee of not less than twenty-five dollars ($25.00)
nor more than three hundred dollars ($300.00)
as may be prescribed by the board of county
commissioners or the governing body of the
city, as the case may be, except in counties
that have a population in excess of one hun-
dred sixty-five thousand (165,000) persons, such
application shall be accompanied by a fee of
not less than twenty-five dollars ($25.00) nor
more than two hundred dollars ($200.00) as
may be prescribed by the board of county
commissioners or the governing body of the
city, as the case may be, except that an appli-
cation for a license to sell on railway cars
shall be accompanied by a fee of one hundred
dollars ($100.00). All license fees collected by
the director of taxation shall be paid into the
state treasury and the state treasurer shall
credit ninety percent (90%) of the same to the
general fund of the state and the remaining
ten percent (10%) he shall credit to the reve-
nue administration fee fund.
"The board of county commissioners of the
several counties or the governing body of a
city shall issue a license upon application
duly made as otherwise provided for herein,
to any person engaged in business in said
county or city and qualified to receive said
license, to sell only at retail cereal malt bev-
erages in original and unopened containers,
and not for consumption on the premises. Said
license fee to be not less than twenty-five
dollars ($25.00) nor more than one hundred
fifty dollars ($150.00) per year. No license
issued under this act shall be transferable."
Section 2. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in the Salina Jour-
nal, the official city newspaper.
Section 3. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication
unless a sufficient petition is filed and a referen-
dum held on the ordinance as provided in Article
12, Section 5, Subdivision (c) of the Constitution
of Kansas, in which case the ordinance shall be-
come effective if approved by a majority of the
electors voting thereon.
Adopted by the governing body by not less than
two-thirds (2/3) of the members elect voting in
favor thereof and approved by the Mayor this 9th
day December, 1974.
NO. 11. LICENSING OF PAWNBROKERS.
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 1973 SUPP. 16.707, WHICH
PROVIDES FOR THE LICENSING OF PAWN-
.Editor's Dote-Charter ordinance no. 11 was adopted on
December 9, 1974, and was later repealed by charter ordi-
nance no. 12.
2874
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APPENDIX A-CHARTER ORDINANCES
No. 13, ~ 4
BROKERS AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT.
NO. 12. LICENSING OF
PAWNBROKERS.
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 1973 SUPP. 16-707, WHICH
PROVIDES FOR THE LICENSING OF PAWN-
BROKERS AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT AND REPEALING CHARTER ORDI-
NANCE NUMBER 11.
NO. 13. GENERAL IMPROVEMENTS
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 13-1024a AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME WHICH RELATE TO GENERAL
IMPROVEMENTS AND THE ISSUANCE OF
BONDS FOR THE PURPOSE OF PAYING FOR
SAID IMPROVEMENTS.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, by the power
vested in it by Article 13, Section 5 of the Constitu-
tion of the State of Kansas, hereby elects to ex-
empt itself from and make inapplicable to it the
provisions of KS.A. 13-1024a and provide substi-
tute and additional provisions as hereinafter set
forth in this ordinance. Such referenced provisions
are either enactments or a part thereof which are
applicable to this city that are not applicable uni-
formly to all cities.
-Editor's note-Charter ordinance no. 12 was adopted on
May 12, 1975, and was later repealed by charter ordinance no.
19.
Section 2. Substitute and additional pro.
visions.
That the City of Salina, does hereby provide
substitute and additional provisions on the same
subject as follows, to wit:
"13-1024a. General improvements and land
therefor; borrowing money and
bond issues; when election re-
quired.
"For the purpose of paying for any bridge,
viaduct, public building, including the land
necessary therefor, for lands for public parks
and developing the same, within or without
the city, for the establishment and construc-
tion of crematories, desiccating or reduction
work, including the land necessary therefor,
within or without the city, or for the improve-
ment, repair or extension of any waterworks,
sewage disposal plant, electric light plant,
crematory, desiccating or reduction work or
other public utility plant owned by the city,
and for the purpose of rebuilding, adding to
or extending to the same from time to time,
as the necessities of the city may require, the
city may borrow money and issue its bonds
for the same; Provided, That no bonds shall
be issued for such purposes unless the same
were authorized by a majority of the votes
cast at an election held for that purpose: Pro-
vided further, That any city of the first class
may issue the bonds of such city for the pur-
pose of paying for any of the improvements
mentioned in this section and the land neces-
sary therefor without such bonds having been
authorized by a vote of the people, but the
total amount of bonds issued for such pur-
poses shall not exceed the sum of two hun-
dred fifty thousand dollars ($250,000) in any
one year."
Section 3. Publication of ordinance.
This Charter Ordinance shall be published once
a week for two (2) consecutive weeks in The Sa-
lina Journal, the official city newspaper.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication,
2875
No. 13, ~ 4
SALINA CODE
unless a sufficient petition for referendum is filed
and the referendum held on the ordinance as pro-
vided in Article 12, Section 5, Subdivision (cX3) of
the Constitution of the State of Kansas, in which
case the ordinance shall become effective if ap-
proved by a majority of the electors voting thereon.
Passed by the governing body by not less than
two-thirds (2/3) of the members elect voting thereon
this 19th day of September, 1977.
NO. 14. CONSUMPI'ION OF ALCOHOLIC
LIQUOR IN PUBLIC PLACES.
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS FROM THE PRO-
VISIONS OF K.S.A. 41-719 AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME WHICH RELATE TO THE CON-
SUMPTION OF ALCOHOLIC LIQUOR IN PUB-
LIC PLACES.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, by the power
vested in it by Article 12, Section 5 of the Constitu-
tion of the State of Kansas hereby elects to ex-
empt itself from and make inapplicable to it the
provisions of K.S.A. 41-719 and provide substi-
tute and additional provisions as hereinafter set
forth in this ordinance. Such referenced provisions
are either enactments or a part thereof which are
applicable to this city that are not applicable uni-
formly to all cities.
Section 2. Substitute and additional pro-
visions.
That the City of Salina does hereby provide
substitute and additional provisions on the same
subject as follows, to wit:
"41-719. Consumption of alcoholic liquor in
public places prohibited; exceptions;
penalties.
"It shall be unlawful for any person to drink
or consume alcoholic liquor upon the public
*Cross references-Alcoholic liquor generally, ~ 5-16 et
seq.; consumption of alcoholic liquor in public places, ~ 5-24.
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 col-
lected, or upon property owned by the state
or any governmental subdivision thereof or
inside vehicles while upon the public streets,
alleys, roads or highways; Provided, however,
The limitations, aforesaid, shall not apply to
real property leased by a city to others under
the provisions of K.S.A. 12-1740 to 12-1749,
both sections inclusive, and any amendments
thereto, if such real property is actually being
used for hotel or motel purposes or purposes
incidental thereto, nor shall said limitations
apply to any state owned or operated build-
ing or structure and the surrounding prem-
ises which are furnished to and occupied by
any state officer or employee as a residence;
Provided further, That by ordinance, any city
having a population of more than thirty thou-
sand (30,000) may by ordinance exempt cer-
tain property, title of which is vested in such
city, from the provisions of this act. Any per-
son violating the provisions of this section
shall be deemed guilty of a misdemeanor,
and upon conviction shall }:Ie 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 be both so fined and imprisoned."
Section 3. Publication of ordinance.
This Charter Ordinance shall be published once
a week for two (2) consecutive weeks in The Sa-
lina Journal, the official city newspaper.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication,
unless a sufficient petition for referendum is filed
and the referendum held on the ordinance is pro-
vided in Article 12, Section 5, Subdivision (cX3) of
the Constitution of the State of Kansas, in which
case the ordinance shall become effective if ap-
proved by a majority of the electors voting thereon.
Passed by the governing body by not less than
two-thirds (2/3) of the members elect voting thereon
this 3rd day of October, 1977.
2876
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APPENDIX A-CHARTER ORDINANCES
No. 17, ~ 1
NO. 15. PAYMENT UPON RETIREMENT
TO CERTAIN MEMBERS OF THE POLICE
AND FIRE DEPARTMENTS.
A CHARTER ORDINANCE REPEALING
CHARTER ORDINANCE NUMBER 5 WHICH
EXEMPI'S THE CITY OF SALINA, KANSAS,
FROM THE PROVISIONS OF K.S.A. 13-14a08
WHICH PROVIDES FOR PAYMENT UPON RE-
TIREMENT TO CERTAIN MEMBERS OF THE
POLICE DEPARTMENT AND FIRE DEPART-
MENT AND PROVIDING SUBSTITUTE AND
ADDITIONAL PROVISIONS ON THE SAME
SUBJECT.
BE IT ORDAINED by the governing body of
the City of Salina, Kansas:
Section 1. Repealer.
That Charter Ordinance Number 5 of the City
of Salina, Kansas, be and the same is hereby
repealed.
Section 2. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in The Salina Jour-
nal, the official city newspaper.
Section 3. Effective date.
This is a Charter Ordinance and it shall take
effect sixty-one (61) days after final publication
unless a sufficient petition is filed and a referen-
dum held on the ordinance as provided in Article
12, Section 5, Subdivision (3) of the Constitution
of Kansas in which case the ordinance shall be-
come effective if approved by the majority of the
electors voting thereon.
Adopted by the governing body by not less than
two-thirds (2/3) of the members elect voting in
favor thereof and approved by the mayor this
17th day of October, 1977.
.Cross references-Fire prevention and protection, Ch.
14; police, Ch. 30.
Supp. No. 1
NO. 16. SPECIAL FUND FOR PAYING
UTILITY COSTS AND EMPLOYEE
BENEFITS.
A CHARTER ORDINANCE EXEMPI'ING THE
CITY OF SALINA, KANSAS, FROM K.S.A.
79-5011; PROVIDING SUBSTITUTE AND AD-
DITIONAL PROVISIONS ON THE SAME SUB-
JECT; AND AUTHORIZING THE LEVYING OF
TAXES TO CREATE A SPECIAL FUND FOR
THE PURPOSE OF PAYING UTILITY SERVICE
COSTS.
NO. 17. SPECIAL FUND FOR PAYING
UTILITY COSTS AND EMPLOYEE
BENEFITSt
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM K.S.A.
79-5011; PROVIDING SUBSTITUTE AND AD-
DITIONAL PROVISIONS ON THE SAME SUB-
JECT; AND AUTHORIZING THE LEVYING OF
TAXES TO CREATE A SPECIAL FUND FOR
THE PURPOSE OF PAYING UTILITY COSTS
AND EMPLOYEE BENEFITS; AMENDING
CHARTER ORDINANCE NUMBER 16 AND RE-
PEALING SAID ORIGINAL CHARTER ORDI-
NANCE.
BE IT ORDAINED by the governing body of
the City of Salina, Kansas:
Section 1. Election to exempt.
The City of Salina, Kansas, by the power vested
in it by Article 12, Section 5 of the Constitution of
the State of Kansas, hereby elects to exempt it-
selffrom and make inapplicable to it K.S.A. 79-5011,
and to provide substitute and additional provi-
sions as hereinafter set forth in this charter ordi-
nance. K.S.A. 79-5011 is a part of the enactment
of the legislature establishing an aggregate tax
levy limitation applicable to this city but not ap-
plicable uniformly to all cities, and the legisla-
ture has not established classes of cities'for the
.Editor's note-Charter ordinance no. 16 was adopted on
May 15, 1978, and was later repealed by ~harter ordinance no.
17.
'fCl"088 references-Public utilities, Ch. 31; water and sew-
ers, Ch. 41.
'}Jj77
No. 17,fl
SALINA CODE
purpose of imposing aggregate limitations under
said constitutional provision.
Section 2. No limitation on tax levy for cer-
tain purposes.
The provisions of K.S.A. 79-5001 to 79-5016,
inclusive, shall not apply to or limit the levy of
taxes by the City of Salina, for the payment of:
(a) Principal and interest upon bonds and tem-
porary notes;
(b) No-fund warrants issued with the approval of
the state board of tax appeals;
\ (c) Legal judgments rendered against the city;
(d) Rent due under any lease with a public build-
ing commission;
(e) Special assessments charged against the city-
at-large;
(t) Utility service costs, whether paid from a sep-
arate property tax levy fund of the city or
from any other tax supported fund;
(g) Employee benefit costs.
Section 3. Specific levies exempt from aggre-
gate levy limitation.
The provisions of Article 50 of Chapter 79 of
the Kansas Statutes Annotated shall not apply to
any taxes levied by the City of Salina, levied
under the provisions of K.S.A. 40-2305, 74-4920,
74-4967, 12-11a03, 13-1441 or 12-1617h or 13-14100,
and K.S.A. 1977 Supplement 13-14a02, 14-10a02,
or to any tax levies required for the payment of
employer contributions to any pension and retire-
ment program, or to any other taxes authorized
by state law to be levied in addition to or exempt
from the aggregate levy limitation of the City of
Salina.
Amounts produced from any levy specified or
authorized in this charter ordinance, including
any levy or purpose authorized to be levied in
addition to or exempt from the aggregate levy
limit of the city, shall not be used in computing
any aggregate limitation under Article 50 of Chap-
ter 79 of the Kansas Statutes Annotated.
Supp. No. 1
Section 4. Levy for utility service costs.
The City of Salina is hereby authorized to levy
a tax for the purpose of paying utility service
costs. As used in this charter ordinance, "utility
service costs" shall include payments made by
the city to a water, electric or natural gas system,
company or utility for the purpose of obtaining
street lighting or traffic control signals. or for the
lighting, heating, cooling or supplying of water or
energy to any city building or facility or for the
operation or performance of any function or ser-
vice by the city.
Section 5. Levy for employee benefit costs.
The City of Salina is hereby authorized to levy
a tax for the purpose of paying employee benefit
costs. As used in this charter ordinance, "employee
benefit costs", shall include without limitation,
payments made by the city for social security,
Kansas Public Employees Retirement System,
workmen's compensation benefits, employment
security, unemployment compensation benefits,
Kansas Police and Fire Retirement System, em-
ployee and officer liability protection and medi-
cal, health, hospitalization and life insurance,
whether for the employee or his or her dependents.
Section 6. Repealer.
Chapter Ordinance Number 16 of the City of
Salina, Kansas, is hereby repealed.
Section 7. Publication of ordinance.
This charter ordinance shall be published once
each week for two (2) consecutive weeks in the
official city newspaper.
Section 8. Effective date.
This is a charter ordinance and shall take ef-
fect sixty-one (61) days after its final publication,
unless a sufficient petition for a referendum is
filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (c)(3)
of the Constitution of Kansas, in which case the
ordinance shall become effective if approved by
the majority of the electors voting thereon.
2878
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APPENDIX A-CHARTER ORDINANCES
No. 19, ~ 1
Adopted by the governing body by not less than
two-thirds (2/3) of the members-elect voting in
favor thereof and approved by the Mayor this
18th day of June, 1979.
NO. 18. MUNICIPAL COURT COSTS
AND FEES.
A CHARTER ORDINANCE RELATING TO
THE IMPOSITION AND COLLECTION OF MU-
NICIPAL COURT COST AND RELATED FEES.
NO. 19. LICENSING OF PAWNBROKERS
AND PRECIOUS METAL DEALERSt
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 16-707, WHICH PROVIDES
FOR THE LICENSING OF PAWNBROKERS AND
PRECIOUS METAL DEALERS AND PROVID-
ING SUBSTITUTE AND ADDmONAL PROVI-
SIONS ON THE SAME SUBJECT AND REPEAL-
ING CHARTER ORDINANCE NUMBER 12.
BE IT ORDAINED by the Board of Commis-
sioners of the City of Salina, Kansas:
Section 1. Election to exempt; replacement
provisions.
That the City of Salina, Kansas, a city of the
first class, by the powers vested in it by Article
12, Section 5 of the Constitution of the State of
Kansas, hereby elects to and does exempt itself
from and makes inapplicable to it the provisions
of KS.A. 16-707 and provides substitute and ad-
ditional provisions on the same subject, as fol-
lows, to-wit:
"16.707. Licensing of pawnbrokers and precious
metal dealers; application fee; dis-
position.
-Editor's note-Charter ordinance no. 18 was adopted on
May 12, 1980, and was later repealed by charter ordinance no.
21.
tCross reference-Pawnbrokers, secondhand dealers and
precious metal dealers, ~ 33-16 et seq.
Supp. No. ..
(a). No person shall engage or continue in busi-
ness as a pawnbroker or precious metal
, dealer without first obtaining a license there-
for. The person shall obtain such license
from the clerk.
(b). Application for a license shall be in writing
and shall state the full name and place of
residence of the applicant. If the applicant
is a partnership, the application shall con-
tain the name and place of residence of
each officer, shareholder or member there-
of. The application shall include the address
of the places where the business is to be
conducted, the hours and days of the week
during which the applicant proposes to en-
gage in the business of pawnbroking or deal-
ing in precious metals at each such place,
and such other information as may be nec-
essary to determine the applicant's quali-
fications for a license in accordance with
the provisions of state law. Each applicant
shall also submit with the application:
(1). A statement that the applicant is the
holder of a valid registration certificate
issued by the Director of Revenue pur-
suant to KS.A. 79-3608 for each place
of business for which application for a
license is made; and
(2). A detailed inventory and description
of all goods, wares, merchandise, pre-
cious metals or other property held in
pledge or for sale at the time the ap-
plication at each place of business stated
therein, including whether the same
was received in pledge, purchased as
secondhand merchandise or precious
metal purchased for resale.
(c). The license application shall be in a form
approved by the attorney general. Each ap-
plication shall be accompanied by a fee as
determined pursuant to Ordinance Numb~r
81-8881 which shall be paid annually upon
renewal of the license. All such fees received
by the city clerk shall be deposited in the
city general fund."
2879
No. 19, ~ 2
. SALINA CODE
Section 2. Prohibition of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in the Salina Jour-
naL, the official city newspaper.
Section 3. Repealer.
That Charter Ordinance Number 12 is hereby
repealed.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication
unless a sufficient petition is filed and a referen-
dum held on the ordinance as provided in Article
12, Section 5, Subdivision (c) of the Constitution
of Kansas, in which case the ordinance shall be-
come effective if approved by a majority of the
electors voting thereon.
Adopted by the Board of Commissioners by not
less than two-thirds (%) of the members elect vot-
ing in favor thereof and approved by the Mayor
this 16th day of November, 1981.
NO. 20. FIXED ASSET RECORDS FOR
BUILDINGS AND LAND
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM K.S.A. 1980
SUPP. 75-112()(a) WHICH REQUIRES. CERTAIN
MUNICIPALITIES TO MAINTAIN FIXED ASSET
RECORDS FOR BUILDINGS AND LAND.
WHEREAS, 1980 Supp. 75-1120(a) requiring
certain municipalities of the State of Kansas to
maintain fixed asset records for buildings and
land, does not apply uniformly to all municipali-
ties of the State of Kansas; and,
WHEREAS. the City of Salina, Kansas, wishes
to exempt itselffrom the said provisions, SO NOW,
THEREFORE,
BE IT ORDAINED by the Board of Commis-
sioners of the City of Salina, Kansas:
Supp. No.4
Section 1. Election to exempt.
The City of Salina, Kansas, a city of the first
class, by the power vested in it by Article 12,
Section 5, of the Constitution of the State of Kan-
sas hereby elects to and does exempt itself from
the provisions of K.S.A. 1980 Supp. 75-1120(a)
and while still conforming with all other gener-
ally accepted accounting principles make inappli-
cable to said city that portion of said statute which
would otherwise require said city to maintain fixed
asset records for buildings and land.
Section 2. Publication of ordinance.
This ordinance shall be published once each
week for two (2) consecutive weeks in the Salina
Journal, the official city newspaper.
Section 3. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication
unless a sufficient petition for a referendum is
filed as provided in Article 12, Section 5, Subdivi-
sion (c)(3) of the Constitution of the State of Kan-
sas, in which case the ordinance shall become
effective only if approved by a majority of the
electors voting thereon.
Adopted by the Board of Commissioners by not
less than two-thirds (%) of the members elect vot-
ing in favor thereof and approved by the Mayor
this 9th day of November, 1981.
NO. 21 MUNICIPAL COURT COSTS AND
FEES.
A CHARTER ORDINANCE RELATING TO
THE IMPOSITION AND COLLECTION OF MU-
NICIPAL COURT COSTS AND RELATED FEES;
AMENDING CHARTER ORDINANCE NUMBER
18 OF THE CITY OF SALINA, KANSAS, AND
REPEALING THE EXISTING CHARTER ORDI-
NANCE.
B~ IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
.Cross reference-Municipal court generally, Ch. 23.
2880
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APPENDIX A-CHARTER ORDINANCES
Section 1. Election to exempt.
The City of Salina hereby elects to exempt it-
self from the provisions of K.S.A. 12-4112, pursu-
ant to Article 12, Section 5(c)(I), of the Kansas
Constitution.
Section 2. Provision for court costs and fees.
In lieu of the provisions of K.S.A. 12-4112, the
!.{overning body of the City of Salina may by ordi-
nance or resolution provide substitute and addi-
tional provisions relative to court costs and fees
to be charged and collected in all actions and
cases filed and docketed in the Municipal Court
of the City of Salina, Kansas.
Section 3. Purposes.
All court costs and fees which may be provided
for by the governing body are to be collected by
Lhe Municipal Court, or Clerk, and shall be paid
into a fund called the Municipal Court Fund, and
shall be maintained by the City Clerk, to be dis-
bursed upon proper voucher for the purposes au-
thorized by the governing body.
Section 4. Repealer.
Charter Ordinance Number 18 of the City of
Salina, Kansas, is hereby repealed.
Section 5. Publication of ordinance.
'This ordinance shall be published once a week
flir two (2) consecutive weeks in the Salina Jour-
nal, the official city newspaper.
Section 6. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication,
unless a sufficient petition for a referendum is
filed and a referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (c)
of the Constitution of Kansas in which case the
ordinance shall become effective if approved by
the majority of the electors voting thereon.
Adopted by the Governing Body by not less
than two-thirds (2/S) of the members elect voting
in favor and approved by the Mayor this 11th day
of February, 1985.
Supp. No.9
No. 22, ~ 2
NO. 22. PROMOTION OF TOURISM AND
CONVENTION.
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALIN A, KANSAS, FROM K.S.A.
12-1697 AND 12-16,101 CONCERNING THE
PROMOTION OF TOURISM AND CONVEN-
TIONS, AUTHORIZING THE LEVYING OF A
TRANSIENT GUEST TAX BY COUNTIES OR
CITIES; PROVIDING FOR APPOINTMENT OF
A CONVENTION AND TOURISM COMMITTEE;
PROVIDING SUBSTITUTE PROVISIONS ON
THE SAME SUBJECT; AND REPEALING CHAP-
TER 37 OF THE SALINA CODE.
Be it Ordained by the Governing Body of the
City of Salina, Kansas:
Section 1. The City of Salina hereby elects to
exempt itself from the provisions ofK.S.A. 12-1697
and 12-16,101 pursuant to Article 12, Section 5 of
the Kansas Constitution and adopts the substi-
tute provisions set forth below.
Section 2. The following substitute provisions
are hereby adopted in place of K.S.A. 12-1697:
Promotion of tourism and conventions; tax levy
by city or county; basis of tax; payment and
collection; requirements prior to levy.
(a) In order to provide revenues to promote
tourism and conventions, the Board of City Com-
missioners is hereby authorized to levy a tran-
sient guest tax at not to exceed the rate of five
(5) percent upon the gross receipts derived from
or paid by transient guests for sleeping accom-
modations, exclusive of charges for incidental
services or facilities, in any hotel, motel or tour-
ist court. The percentage of such tax shall be
determined by the Board of City Commission-
ers and shall be specified in the resolution au-
thorizing the same.
.Edltor'. note-Charter ordinance no. 26 adopted May 20,
1991, amended section 3 of Charter ordinance no. 22 by pro-
viding that a member of the board of city commissioners shall
no longer be an ex-officio member of the committee but shall
be appointed by the mayor to a specific term along with other
committee members.
Cro.. reference-Membership of the convention and
tourism committee, Charter ord. no. 26, f 3.
2881
No. 22, t 2
SALINA CODE
(b) Any transient guest tax levied pursuant
to this section shall be based on the gross rental
receipts collected by any business.
(c) The taxes levied pursuant to this section
shall be paid by the consumer or user to the
business and it shall be the duty of each and
every business to collect from the consumer or
users the full amount of any such tax, or an
amount equal as nearly as possible or practica-
ble to the average equivalent thereto. Each busi-
ness collecting any of the taxes levied hereun-
der shall be responsible for paying over the
same to the state department of revenue in the
manner prescribed by K.S.A. 12-1698 and the
state department of revenue shall administer
and enforce the collection of such taxes.
(d) A transient guest tax authorized by this
section shall not be levied until the Board of
City Commissioners has passed a resolution au-
thorizing the same.
Section 3. The following substitute provisions
are hereby adopted in place of K.S.A. 12-16,101:
Convention and tourism committee; appoint-
ment; terms; contracts and programs.
(a) The Board of City Commissioners hereby
establishes a committee to be known as the
"Convention and Tourism Committee" to make
recommendations concerning the programs and
expenditures for the promotion of conventions
and tourism. Except as otherwise provided in
this paragraph, the Committee shall consist of
ten (10) members who shall be individuals knowl-
edgeable and active in the promotion of tour-
ism and conventions. The initial membership
of the committee shall consist of the existing
Convention and Tourism Committee members,
who shall each serve the balance of their re-
spective present terms and until a successor is
appointed. A member of the Board of City Com-
missioners, to be appointed by the Mayor, and
the President of the Salina Area Chamber of
Commerce shall be ex-officio members of this
committee. The remaining eight (8) members of
the committee shall be appointed by the Mayor
with the consent of the Board of City Commis-
sioners to no more than two (2) consecutive terms
of four (4) years each and until a successor is
appointed.
Supp. No.9
(b) The Board of Commissioners shall have
the authority to contract for convention and
tourism programs to be implemented.
Section 4. Chapter 37 of the Salina Code and
any other ordinances or resolutions of the City of
Salina in conflict herewith are hereby repealed.
Section 5. This ordinance shall be published
once a week for two (2) consecutive weeks in The
Salina Journal, the official city newspaper.
Section 6. This is a Charter Ordinance and
shall take effect sixty-one (61) days after final
publication unless a sufficient petition is filed
and a referendum held on the ordinance as pro-
vided in Article 12, Section 5, Subdivision (c) of
the Constitution of Kansas, in which case the
ordinance shall become effective if approved by a
majority of the electors voting thereon.
Adopted by the Board of Commissioners by not
less than two-thirds (%) of the members elect vot-
ing in favor thereof and approved by the Mayor
this 15th day of September, 1986.
NO. 23. GENERAL IMPROVEMENTS AND
ISSUANCE OF BONDS.
A CHARTER ORDINANCE EXEMPI'ING THE
CITY OF SALINA, KANSAS,.FROM THE PRO-
VISIONS OF K.S.A. 13-1024a AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME WHICH RELATE TO GENERAL
IMPROVEMENTS AND THE ISSUANCE OF
BONDS FOR THE PURPOSE OF PAYING FOR
SAID IMPROVEMENTS.
Be it Ordained by the Governing Body of the
City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, by the power
vested in it by Article 12, Section 5 of the Consti-
tution of the State of Kansas, hereby elects to
exempt itself from and make applicable to it the
.Editor's note-The motion regarding the referendum elec-
tion necessary for approval of Charter ordinance no. 23 was
defeated at a regular meeting of the board of commissioners
held on November 21, 1988.
2882
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APPENDIX A-CHARTER ORDINANCES
No. 23, ~ 1
provisions of K.S.A. 13-1024a and provide substi-
tute and additional provisions as hereinafter set
forth in this ordinance. Such referenced provisions
are either enactments or a part thereof which are
applicable to this city that are not applicable uni-
formly to all cities.
Supp. No.9
2882.1
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APPENDIX A-CHARTER ORDINANCES
Section 2. Substitute and additional provi.
sions.
That the City of Salina, does hereby provide
substitute and additional provisions on the same
subject as follows, to wit:
13.10240. General improvements and land ther~
for; borrowing money and bond issues;
when election required.
For the purpose of paying for any bridge,
viaduct public buildings, including the land
necessa~ therefor, for land for public parks
and developing the same within or without the
city, for the establishment and co?-struction. of
crematories, desiccating or reductIon work, in-
cluding the land necessary therefor, within or
without the city, or for the improvement, repair
or extension of any waterworks, sewage disposal
plant, electric light plant, crematory, desiccat-
ing or reduction work or other public utility
plant owned by the city, and for the purpose of
rebuilding, adding to or extending the same
from time to time, as the necessities of the city
may require, the city may borrow money and
issue its bonds for the same; Provided, that no
bonds shall be issued for such purposes unless
the same were authorized by a majority of the
votes cast at an election held for that purpose;
Provided further, that any city of the first class
may issue bonds of such city for the purpose of
paying for any of the improvements mentioned
in this section and the land necessary therefor
without such bonds having been authorized by
a vote of the people, but the total amount of
bonds issued for such purposes shall not exceed
the sum of seven hundred fifty thousand dol-
lars ($750,000.00) in anyone year.
Section 3. Repealer.
That Charter Ordinance Number 13 of the City
of Salina, Kansas, be and the same is hereby
repealed.
Section 4. Publication of ordinance.
This Charter Ordinance shall be published once
a week for two (2) consecutive weeks in The Sa-
lina Journal, the official city newspaper.
Supp. No.7
No. 24, fi 2
Section 5. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication,
unless a sufficient petition for referendum is filed
and the referendum held on the ordinance as pro-
vided in Article 12, Section 5, Subdivision (cX3) of
the Constitution of the State of Kansas, in which
case the ordinance shall become effective if ap-
proved by a majority of the electors voting thereon.
Passed by the Governing Body by not less than
two-thirds (%) of the members elect voting thereon
this 22nd day of August, 1988.
NO. 24. SALARIES OF MEMBERS
OF GOVERNING BODIES
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 12-1008 AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME WHICH RELATE TO SALARIES
OF MEMBERS OF GOVERNING BODIES.
Be it Ordained by the Governing body of the
City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, by the power
vested in it by Article 12, Section 5 of the Consti-
tution of the State of Kansas, hereby elects to
exempt itself from and make inapplicable to it
the provisions of K.S.A. 12-1008 and provide sub-
stitute and additional provisions as hereinafter
set forth in this ordinance. Such referenced provi-
sions are either enactments or a part thereof which
are applicable to this city that are not applicable
uniformly to all cities.
Section 2. Substitute and additional provi.
sions.
That the City of Salina, does hereby provide
substitute and additional provisions on the same
subject as follows, to wit:
2883
No. 24, ~ 2
SALINA CODE
12-1008. Salaries of members of governing bod-
ies of certain first class cities fixed by
ordinance; bond.
The governing body of any city having a popu-
lation of more than one hundred fifty thousand
(150,000) and operating under the provisions of
this act, shall, by ordinance fix the salary of
members of the governing body, including the
mayor, but any salary so fixed shall not exceed
the sum of three thousand dollars ($3,000.00)
per annum for commissioners, nor more than
four thousand dollars ($4,000.00) per annum
for the mayor of such city. Salaries so fixed
shall be payable in monthly installments, in
cities of the first class with a population of not
more than ninety thousand (90,000), each com-
missioner shall receive such compensation as
the governing body shall fix by ordinance but
not exceed one thousand two hundred dollars
($1,200.00) a year, payable in monthly install-
ments and in cities of the first class shall give
the necessary bond required by cities of this
class under the commission government.
Section 3. Publication of ordinance.
This Charter Ordinance shall be published once
a week for two (2) consecutive weeks in The Sa-
lina Journal, the official city newspaper.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after the final publica-
tion, unless a sufficient petition for referendum is
filed and the referendum held on the ordinance as
provided in Article 12, Section 5, Subdivision (cX3)
of the Constitution of the State of Kansas, in
which case the ordinance shall become effective if
approved by a majority of the electors voting thereon.
Passed by the Governing Body by not less than
two-thirds (%) of the members elect voting thereon
this 22nd day of August, 1988.
NO. 25. GENERAL IMPROVEMENTS
AND ISSUANCE OF BONDS.
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
*Editor's Dote-Charter ordinance no. 25 failed at refer-
endum, 2,680/5,316, held on February 28, 1989.
Supp. No.7
VISIONS OF K.S.A. 13-1024a AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME WHICH RELATE TO GENERAL
IMPROVEMENTS AND THE ISSUANCE OF
BONDS FOR THE PURPOSE OF PAYING FOR
SAID IMPROVEMENTS.
Be it Ordained by the Governing Body of the
City of Salina, Kansas:
Section 1. Election to exempt.
That the City of Salina, Kansas, by the power
vested in it by Article 12, Section 5 of the Consti-
tution of the State of Kansas, hereby elects to
exempt itself from and make inapplicable to it
the provisions of K.S.A. 13-1024a and provide sub-
stitute and additional provisions as hereinafter
set forth in this ordinance. Such referenced provi-
sions are either enactments or a part thereof which
are applicable to this city that are not applicable
uniformly to all cities.
Section 2. Substitute and additional provi-
sions.
That the City of Salina, does hereby provide
substitute and additional provisions on the same
subject as follows, to wit:
13-1024 . General improvements and land there-
for; borrowing money and bond issues;
when election required.
For the purposes of paying for any bridge,
viaduct, public buildings, including the land
necessary therefor, for land for public parks
and developing the same, within or without the
city, for the establishment and construction of
crematories, desiccating or reduction of work,
including the land necessary therefor, within
or without the city, or for the improvement,
repair or extension of any waterworks, sewage
disposal plant, electric light plant, crematory,
desiccating or reduction work or other public
utility plant owned by the city, and for the
purpose of rebuilding, adding to or extending
the same from time to time, as the necessities
of the city may require, the city may borrow
money and issue its bonds for the same; Pro-
vided, that no bonds shall be issued for such
purposes unless the same were authorized by a
majority of the votes cast at an election held for
2884
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APPENDIX A-CHARTER ORDINANCES
No. 26, ~ 4
.
that purpose; Provided further, that any city of
the first class may issue bonds of such city for the
purpose of paying for any of the improvements
mentioned in this section and the land necessary
therefor without such bonds having been autho-
rized by a vote of the people, but the total amount
of bonds issued for such purposes shall not exceed
the sum of seven hundred fifty thousand dollars
($750,000.00) in anyone year.
Section 3. Repealer.
That Charter Ordinance Number 13 of the City
of Salina, Kansas, be and the same is hereby
repealed.
Section 4. Publication of ordinance.
This Charter Ordinance shall be published
once a week for two (2) consecutive weeks in The
Salina Journal, the official city newspaper.
e
Section 3. Effective date.
This is a Charter Ordinance which the Govern-
ing Body wishes to submit to a referendum with-
out petition and shall become effective when
approved by a majority of the electors voting
thereon at an election to be called by separate
ordinance, all pursuant to Article 12, Section 5 of
the Kansas Constitution.
Passed by the Governing Body by not less than
two-thirds (:1{s) of the members elect voting thereon
this 19th day of December, 1988.
NO. 26. MEMBERSIDP OF CONVENTION
AND TQURlSM COMMITI'EE
.
A CHARTER ORDINANCE AMENDING SEC-
TION 3 OF CHARTER ORDINANCE 22 CON-
CERNING THE MEMBERSHIP OF THE CON-
VENTION AND TOURISM COMMITTEE; AND
REPEALING THE EXISTING SECTION.
e
Be it Ordained by the Governing Body of the
City of Salina, Kansas:
Supp. No. 13
Section 1. Amended.
That Section 3 of Charter Ordinance 22 is
hereby amended to read as follows:
Section 3. The following substitute provisions
are hereby adopted in place ofK.S.A. 12-16,101:
Convention and tourism committee; appoint-
ment; terms; contracts and programs.
(a) The Board of City Commissioners hereby
establishes a committee to be known as the "Con-
vention and Tourism Committee" to make recom-
mendations concerning the programs and expen-
ditures for the promotion of conventions and
tourism. Except as otherwise provided in this
paragraph, the committee shall consist often (10)
members who shall be individuals knowledgeable
and active in the promotion of tourism and con-
ventions. The initial membership of the commit-
tee shall consist of the existing Convention and
Tourism Committee members, who shall each
serve the balance of their respective present terms
and until a successor is appointed. The president
of the Salina Area Chamber of Commerce shall be
an ex officio member of this committee. The
remaining nine (9) members of the committee
shall be appointed by the Mayor with the consent
of the Board of City Commissioners to no more
than two (2) consecutive terms of four (4) years
each and until a successor is appointed.
(b) The Board of Commissioners shall have the
authority to contract for convention and tourism
programs to be implemented.
Section 2. Repealer.
That the existing Section 3 of Charter Ordi-
nance 22 and any other ordinances or resolutions
in conflict herewith are hereby repealed.
Section 3. Publication of ordinance.
This ordinance shall be published once a week
for two (2) consecutive weeks in The Salina Jour-
nal, the official city newspaper.
Section 4. Effective date.
This is a Charter Ordinance and shall take
effect sixty-one (61) days after final publication
unless a sufficient petition is filed and a referen-
2885
No. 26, * 4
SALINA CODE
dum held on the ordinance as provided in Article
12, Section 5, Subdivision (c) of the Constitution
of Kansas, in which case the ordinance shall
become effective if approved by a majority of the
electors voting thereon.
Adopted by the Board of Commissioners by not
less than two-thirds (2/3) of the members elect
voting in favor thereof and approved by the Mayor
this 20th day of May, 1991.
NO. 27. EXEMPTING THE CITY FROM
THE PROVISIONS OF K.S.A. 1S-1017, AS
AMENDED
Be it ordained by the governing body of the
City of Salina, Kansas:
Section 1. Election to Exempt.
The City of Salina, Kansas, by the power vested
in it in Article 12, Section 5 of the Constitution of
the State of Kansas, hereby elects to exempt itself
from the provisions ofKS.A. 13-1017, as amended,
part of an enactment which applies to this City,
but does not apply uniformly to all cities;
Section 2. Publication of Ordinance.
This Charter Ordinance shall be published
once each week for two consecutive weeks in the
Salina Journal, the official city newspaper.
Section 3. Effective Date.
This Charter Ordinance shall take effect sixty
(60) days after final publication, unless a suffi-
cient petition is filed and a referendum held on
the ordinance as provided in Article 12, Section
5(c) of the Constitution of the state of Kansas, in
which case this Charter Ordinance shall become
effective upon approval by a majority of the elec-
tors voting thereon.
Adopted by the Board of Commissioners by not
less than two-thirds (2/3) of the members elect
voting in favor thereof and approved by the Mayor
this 24th day of July, 1995.
Cross reference-Public improvement procedures policy
statement, * 2-233.
Supp. No. 13
NO. 28. EXEMPTING THE CITY FROM
THE PROVISIONS OF K.S.A. 12-868
A CHARTER ORDINANCE EXEMPI'ING THE
CITY OF SALINA, KANSAS FROM THE PRO-
VISIONS OF KS.A. 12-868 AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME SUBJECT RELATING TO COM-
BINED WATER AND SEWAGE SYSTEM BONDS.
Be it ordained by the governing body of the
City of Salina, Kansas:
Section 1. [Election to Exempt.]
The City of Salina, Kansas (the "City") by
virtue of the powers vested in it by Article 12,
Section 5, of the Constitution of the State of
Kansas, hereby elects to exempt itself from and
hereby make inapplicable to it Section 12-868,
Kansas Statutes Annotated, that applies to the
City, but is part of an enactment which does not
apply uniformly to all cities, and hereby provides
substitute and additional provisions on the same
subject as hereinafter provided.
Section 2. [Revenue Bonds.]
The City of Salina, Kansas, having issued
revenue bonds under KS.A. 12-856 et seq. or
having authorized or issued waterworks revenue
bonds and sewage system revenue bonds under
any other authority may, from time to time,
without an election, issue its combined water-
works and sewage system revenue bonds pursu-
ant to the provisions of KS.A. 12-856 et seq. in
lieu of or in refund of any such revenue bonds
previously authorized or issued. The power herein
granted to issue bonds shall be supplemental to
and not amendatory of the provisions of KS.A.
10-102. The City of Salina, Kansas, having issued
revenue bonds under KS.A. 12-856 et seq. may,
from time to time, issue general obligation bonds,
under the provisions of the general bond law, to
refund any previous issue or part thereof of its
outstanding revenue bonds, including the princi-
pal amount thereof and all accrued outstanding
interest thereon. Such general obligation bonds
shall not be issued until a resolution adopted by
the governing body of the City of Salina, Kansas,
stating the purpose for which such bonds are to be
issued and the total amount of the bonds proposed
2886
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APPENDIX A-CHARTER ORDINANCES
No. 29, ~ 2
.
to be issued shall be published once each week for
two consecutive weeks in the official newspaper of
the City of Salina, Kansas. After publication, such
bonds may be issued unless a petition requesting
an election on the proposition, signed by electors
equal in number to not less than 5% of the
electors of the City of Salina, Kansas who voted
for the office of secretary of state at the last
preceding general election of such office, is filed
with the clerk of the City of Salina, Kansas,
within 20 days following the last publication of
such resolution. If such a petition is filed, the
governing body of the City of Salina, Kansas shall
not issue the general obligation bonds unless the
proposition shall receive the approval of a major-
ity of the votes cast thereon at an election called
for such purpose.
e
Section 3. [Publication of Ordinance.]
This Charter Ordinance shall be published
once each week for two consecutive weeks in the
official City newspaper.
Section 4. [Effective Date.]
This Charter Ordinance shall take effect sixty-
one (61) days after final publication unless a
sufficient petition for a referendum is filed requir-
ing a referendum to be held on this ordinance as
provided in Article 12, Section 5, Subdivision (c)
(3) of the Constitution of the State of Kansas, in
which case the ordinance shall be effect if ap-
proved by a majority of the electors voting thereon.
Passed by the governing body, not less than
two-thirds of the members elect voting in favor
thereof.
.
NO. 29. EXEMPTING THE CITY FROM
THE PROVISIONS OF K.S.A.13-1024a
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF K.S.A. 13-1024aAND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME SUBJECT RELATING TO GEN-
ERAL IMPROVEMENTS AND THE ISSUANCE
OF BONDS FOR THE PURPOSE OF PAYING
FOR SAID IMPROVEMENTS GENERALLY, AND
AN ANIMAL SHELTER SPECIFICALLY.
e
Supp. No. 13
Be it ordained by the governing body of the
City of Salina, Kansas:
Section 1. Election to Exempt.
The City of Salina, Kansas (the "City") by
virtue of the powers vested in it by Article 12,
Section 5, of the Constitution of the State of
Kansas, hereby elects to exempt itself from and
hereby make inapplicable to it Section 13-1024a,
Kansas Statutes Annotated, that applies to the
City, but is part of an enactment which does not
apply uniformly to all cities, and thereby provides
substitute and additional provisions on the same
subject as hereinafter provided.
Section 2. Substitute and Additional Provi-
sions.
The City of Salina, Kansas hereby adopts the
following substitute and additional provisions for
Section 13-1024a, Kansas Statutes Annotated:
For the purpose of paying for any bridge, via-
duct, public building, including the land neces-
sary therefor, for lands for public parks and
developing the same, within or without the city,
for the establishment and construction of cre-
matories, desiccating or reduction works, in-
cluding the land necessary therefor, within or
without the city, or for the improvement, repair
or extension of any waterworks, sewage dis-
posal plant, electric light plant, crematory, des-
iccating or reduction works or other public
utility plant owned by the city, and for the
purpose of rebuilding, adding to or extending to
the same from time to time, as the necessities
of the city may require, the city may borrow
money and issue its bonds for the same: Pro-
vided, that no bonds shall be issued for such
purposes unless the same were authorized by a
majority of the votes cast at an election held for
that purpose: Provided further, that the city
may issue the bonds of the city for the purpose
of paying for any of the improvements men-
tioned in this section and the land necessary
therefor without such bonds having been au-
thorized by a vote of the people, but the total
amount of bonds issued for an animal shelter
facility shall not exceed the sum of nine hun-
dred thousand dollars ($900,000) and for any
2887
No. 29, ~ 2
SALINA CODE
other such purposes shall not exceed the sum of
two hundred fifty thousand dollars ($250,000),
in anyone year.
Section 3. Repealer.
That Charter Ordinance Number 13 of the City
of Salina, Kansas, is hereby repealed.
Section 4. Publication of Ordinance.
This Charter Ordinance shall be published
once each week for two consecutive weeks in the
official City newspaper.
Section 5. Effective Date.
This Charter Ordinance shall take effect sixty-
one (61) days after final publication unless a
sufficient petition for a referendum is filed requir-
ing a referendum to be held on this ordinance as
provided in Article 12, Section 5, Subdivision
(c)(3) of the Constitution of the State of Kansas, in
which case the ordinance shall become effective if
approved by a majority of the electors voting
thereon.
Passed by the governing body, not less than
two-thirds of the members elect voting in favor
thereof, this 18th day of May, 1998.
NO. 30. EXEMPTING THE CITY FROM
THE PROVISIONS OF K.S.A. 12-1008
A CHARTER ORDINANCE EXEMPTING THE
CITY OF SALINA, KANSAS, FROM THE PRO-
VISIONS OF KS.A. 12-1008 AND PROVIDING
SUBSTITUTE AND ADDITIONAL PROVISIONS
ON THE SAME WHICH RELATE TO SALARIES
OF MEMBERS OF THE GOVERNING BODY,
AND REPEALING CHARTER ORDINANCE
NUMBER 24.
Be it ordained by the Governing Body of the
City of Salina, Kansas:
Section 1. Election to exempt.
The City of Salina, Kansas (the "City") by the
power vested in it by Article 12, Section 5, of the
Constitution of the State of Kansas, hereby elects
to exempt itself from and make inapplicable to it
Supp. No. 13
Section 12-1008 of the Kansas Statutes Anno-
tated, that applies to the City, but is part of an
enactment which does not apply uniformly to all
cities, and hereby provides substitute and addi-
tional provisions on the same subject as hereinaf-
ter provided.
Section 2. Substitute and additional provi-
sions.
The City of Salina hereby adopts the following
substitute and additional provisions for Section
12-1008 of the Kansas Statutes Annotated:
Commencing May 1, 1999, each member of the
Governing Body of the City of Salina, Kansas,
shall be compensated at the rate of three hun-
dred dollars ($300.00) per month.
Section 3. Repealer.
Charter Ordinance Number 24 of the City of
Salina, Kansas, is hereby repealed.
Section 4. Publication of Ordinance.
This Charter Ordinance shall be published
once each week for two consecutive weeks in the
official City newspaper.
Section 5. Effective Date.
This Charter Ordinance shall take effect sixty-
one (61) days after final publication unless a
sufficient petition for a referendum is filed requir-
ing a referendum to be held on this ordinance as
provided in Article 12, Section 5, Subdivision
(cX3) of the Constitution of the State of Kansas, in
which case the ordinance shall become effective if
approved by a majority of the electors voting
thereon.
Passed by the governing body, not less than
two-thirds of the members elect voting in favor
thereof.
[The next page is 2959]
2888
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APPENDIX B
.
FRANCHISES.
Art. ID.
Art. Iv.
Kansas Power and Light Company-Electric Franchise, !ill
1-8
Kansas Power and Light Company-Natural Gas Fran-
chise, llll 1-11
Salina Cable T.V. System, U I-XVI
Southwestern Bell Telephone Company, llll 1-17
Art. L
Art. IL
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.
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*Editor's note-Printed herein are the franchises of the city. Catchlines were added by the editor.
Cross references-Any ordinance granting any right, privilege, easement or franchise to any person saved from repeal, II
1-5(12); public utilities, Ch. 31; solid waste, Ch. 34; water and sewers, Ch. 41.
State law reference-Franchises, K.S.A. 12-2001 et seq.
Supp. No. 14
2959
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APPENDIX B-FRANCHISES
Art. I, ~ 7
.
ARTICLE I. KANSAS POWER AND LIGHT
COMPANY-ELECTRIC FRANCHISE.
ORDINANCE NUMBER 86-9125
AN ORDINANCE GRANTING TO THE
KANSAS POWER AND LIGHT COMPANY
(ALSO KNOWN AS KPL GAS SERVICE), A
KANSAS CORPORATION, ITS SUCCESSORS
AND ASSIGNS, AN ELECTRIC FRANCHISE,
PRESCRIBING THE TERMS THEREOF AND
RELATING THERETO, AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT WITH OR IN CONFLICT WITH
THE TERMS THEREOF.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
e
Section 1. Grant of franchise.
That in consideration of the benefits to be de-
rived by the City of Salina, Kansas, and its in-
habitants, there is hereby granted to the Kansas
Power and Light Company, a Kansas corporation,
hereinafter sometimes designated as "Company,"
said Company being a corporation operating a
system for the transmission of electric current be-
tween two or more incorporated cities in the State
of Kansas, into and through which it has built
transmission lines, the right, privilege, and au-
thority for a period of twenty (20) years from the
1st day of June, 1986, to occupy and use the sev-
eral streets, avenues, alleys, bridges, parks, park-
ings, and public places of said City, for the placing
and maintaining of equipment and property nec-
essary to carry on the business of selling and dis-
tributing 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 from any source available; and to
do all things necessary or proper to carry on said
business in the City of Salina, Kansas.
.
Section 2. Franchise fee.
As further consideration for the granting of this
franchise, and in lieu of any city occupation li-
cense, or revenue taxes, the Company shall pay to
e
-Editor's note-Former Art. I, which was repealed by Ord.
No. 86-9125. derived from Ord. No. 6981, adopted June 19,
1967.
Supp. No.9
the City during the term of this franchise three
percent (3%) of its gross revenue from the sale of
electric energy within the corporation limits of
said City, such payment to be made monthly for
the preceding monthly period.
Section 3. Avoidance of damage or injury to
persons or property; saving city
harmless.
That Company, its successors and assigns, in
the construction, maintenance, and operation of
its electric transmission, distribution and street
lighting system, shall use all reasonable and
proper precaution to avoid damage or injury to
persons ana property, and shall hold and save
harmless the City of Salina, Kansas, from any
and all damage, injury and expense caused by the
sole negligence of said Company, its successors
and assigns, or its and their agents or servants.
Section 4. Acceptance of franchise by com.
pany.
That within sixty (60) days from and after the
passage and approval of this ordinance, said Com-
pany shall file with the City Clerk of said City of
Salina, Kansas, its unconditioned written accep-
tance of this ordinance.
Section 5. Repealer.
That any and all ordinances or parts of ordi-
nances in conflict with the terms hereof are hereby
repealed.
Section 6. Effective date.
That this ordinance shall become effective and
be in force and shall be and become a binding
contract between the parties hereto, their succes-
sors and assigns, from and after its passage, ap-
proval and publication as required by law, and
acceptance by said Company.
Section 7. Agreement.
That this ordinance, when accepted as above
provided, shall constitute the entire agreement
between the City and the Company relating to
this franchise and the same shall supersede and
cancel any prior understandings, agreements, or
2961
Art. I, ~ 7
SALINA CODE
representations regarding the subject matter
hereof, or involved in negotiations pertaining
thereof, whether oral or written.
Section 8. Statutory authority.
This franchise is granted pursuant to the pro-
visions of K.S.A. 12-824.
Passed and approved this 7th day of April, 1986.
ARTICLE n. KANSAS POWER AND
LIGHT COMPANY -NATURAL GAS
FRANCmSE*
ORDINANCE NUMBER 86-9126
AN ORDINANCE GRANTING TO THE
KANSAS POWER AND LIGHT COMPANY
(ALSO KNOWN AS KPL GAS SERVICE), A
KANSAS CORPORATION, ITS SUCCESSORS
AND ASSIGNS, A 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 HEREOF.
BE IT ORDAINED by the Governing Body of
the City of Salina, Kansas:
Section 1. Grant of franchise.
That in consideration of the benefits to be de-
rived by the City of Salina, Kansas, and its in-
habitants, there is hereby granted to The Kansas
Power and Light Company, a Kansas Corpora-
tion, hereinafter sometimes designated as
"Company," said Company being a corporation
operating a system for the transmission of electric
current between two or more incorporated cities
in the State of Kansas, and also operating a system
for the transmission and distribution of natural
gas in the State of Kansas, the right, privilege,
and authority for a period of twenty (20) years
from the 1st day of June, 1986, to occupy and use
the several streets, avenues, alleys, bridges, parks,
parkings, and public places of said City, for the
placing and maintaining of pipelines and other
-Editor'. note- Former Art. II, which was repealed by Ord.
No. 86-9126, derived from Ord. No. 6982, adopted June 19,
1967.
Supp. No.9
equipment necessary to carry on the business of
selling and distributing natural gas for all pur-
poses to the City of Salina, Kansas, and its inhab.
itants, and through said City and beyond the limits
thereof; to obtain said natural gas from any source
available; and to do all things necessary or proper
to carry on said business in the City of Salina,
Kansas.
Section 2. Franchise fee.
As further consideration for the granting of this
franchise, and in lieu of any city occupation li-
cense, or revenue taxes, the Company shall pay to
the City during the term of this franchise three
percent (3%) of its gross revenue from the sale of
natural gas within the corporate limits of said
City, such payment to be made monthly for the
preceding monthly period.
Section 3. Interference with water and sewer
lines prohibited.
That all mains, services, and pipe which shall
be laid or installed under this grant shall be so
located and laid out as not to obstruct or interfere
with any water pipes, drains, sewers, or other
structures already installed.
Section 4. Interference with street use; dis-
turbance of street surface.
Company shall, in the doing of the work in con-
nection with its said gas mains, pipes and ser-
vices, avoid, so far as may be practicable, inter-
fering with the use of any street, alley, avenue, or
other public thoroughfare, and where Company
disturbs the surface of a street, alley, avenue or
other public thoroughfare, it shall at its own ex-
pense and in a manner satisfactory to the duly
authorized representatives of the City replace such
paving or surface in substantially as good condi.
tion as before said work was commenced.
Section 5. Obligation to supply gas.
It is recognized that the natural gas to be de-
livered hereunder is to be supplied from a pipe-
line system transporting natural gas from distant
sources of supply; and the Company, by its accep-
tance of this franchise as hereinafter provided does
obligate itself to furnish natural gas in such quan-
2962
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.
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.
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APPENDIX B-FRANCHISES
Art. III, ~ I
tity 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 6. Avoidance of damage or injury to
persons and property; saving city
harmless.
That Company, its successors and assigns, in
the construction, maintenance, and operation of
its natural gas system, shall use all reasonable
and proper precaution to avoid damage or injury
to persons and property, and shall hold and save
harmless the City of Salina, Kansas, from any
and all damage, injury and expense caused by the
sole negligence of said Company, its successors
and assigns, or its or their agents or servants.
Section 7. Acceptance of franchise by com.
pany.
That within sixty (60) days from and after the
passage and approval of this ordinance, Company
shall iIle with the City Clerk of said City of Sal-
ina, Kansas, its unconditioned written acceptance
of this ordinance.
Section 8. Effective date.
That this ordinance shall become effective and
be in force and shall be and become a binding
contract between the parties hereto, their succes-
sors and assigns, from and after its passage, ap-
proval and publication as required by law, and
acceptance by said Company.
Section 9. Agreement.
That this ordinance, when accepted as above
provided, shall constitute the entire agreement
between the city and the Company relating to this
franchise and the same shall supersede and cancel
any prior understandings, agreements, or repre-
sentations regarding the subject matter hereof, or
involved in negotiations pertaining thereto,
whether oral or written.
Section 10. Statutory authority.
This franchise is granted pursuant to the pro-
visions of K.S.A. 12-824.
Supp. No.9
Section 11. Repeal.
That any and all ordinances or parts of ordi-
nances in conflict with the terms hereof are hereby
repealed.
Passed and approved this 7th day of April, 1986.
ARTICLE III. SALINA CABLE T.V.
SYSTEM.
ORDINANCE NUMBER 92-9492
AN ORDINANCE OF THE CITY OF SALINA,
KANSAS, GRANTING TO COMMUNICATIONS
SERVICES, INC., OR THE LAWFUL SUC-
CESSOR, TRANSFEREE, OR ASSIGNEE
THEREOF, A FRANCHISE FOR PROVISION OF
CABLE SERVICES TO SALINA, KANSAS; AND
REPEALING ORDINANCE NUMBER 8544.
Be it Ordained by the Governing Body of the
City of Salina, Kansas:
Section I. Definition of terms.
Affiliate means any person which directly or
indirectly owns or controls grantee, any person
which grantee directly or indirectly owns or which
it controls, or any person under common owner-
ship or control with grantee.
Basic Cable Service or Basic Service means any
service tier which includes the retransmission of
local broadcast television signals.
Cable Act means the Cable Communications
Policy Act of 1984, as amended.
Cable Service means (A) the one-way transmis.
sion to subscribers of (i) video programming, or (ii)
other programming service; and (B) subscriber in-
teraction, if any, which is required for the selec-
tion of such video programming or other program.
ming service.
Cable System means, subject to the limitations
in 47 U.S.C. ~522(6), a facility, consisting of a set
of closed transmission paths and associated signal
generation, reception, and control equipment or
other communications equipment that is designed
*Editor's note-Former Art. III, which was repealed by
Ord. No. 92.9492, derived from Ord. No. 8544, adopted Feb.
28, 1977.
2963
Art. III, ~ I
SALINA CODE
to provide cable service to multiple subscribers in
Salina.
City, Salina or franchising authority means the
City of Salina, Kansas, or the lawful successor,
transferee or assignee thereof.
Effective date shall mean the date the city's
grant becomes effective, as provided in accordance
with Section 2.3.
FCC means Federal Communications Commis-
sion, or any successor governmental entity thereto.
Franchise shall mean this document, all ex-
hibits thereto, all matters incorporated by refer-
ence and all amendments thereto, which collec-
tively authorize construction and operation of the
cable system for the purpose of offering cable ser-
vice and other service to subscribers.
Grantee means Communications Services, Inc.,
or the lawful successor, transferee, or assignee
thereof.
Install, construct, operate and maintain or sim-
ilar formulations, shall include, but not be lim-
ited to, all work which is or may be performed in
connection with the cable system or any structure
installed or used by grantee in connection with
such cable system, including but not limited to,
installation, construction, operation, maintenance,
relocation, removal, modification, repair or erec-
tion of such structures.
Person means any entity, including an indi.
vidual, partnership, association, joint stock com-
pany, corporation, or governmental entity.
Public way shall mean the surface of, and space
above and below, any public street, highway,
freeway, bridge, land path, alley court, boulevard,
sidewalk, parkway, way, lane, public way, drive,
circle, or other public right-of-way, including, but
not limited to, public utility easements, dedicated
utility strips, or rights-of-way dedicated for com-
patible uses and any temporary or permanent f'Ix-
tures or improvements located thereon now or
hereafter held by the city in the service area which
shall entitle the city and the grantee to the use
thereof for the purpose of installing, operating,
repairing, and maintaining the cable system.
Public way shall also mean any easement now or
hereafter held by the city within the service area
Supp. No.9
for the purpose of installing, operating, repairing
and maintaining the cable system. Public way
shall also mean any easement now or hereafter
held by the city within the service area for the
purpose of public travel, or for utility or public
service use dedicated for compatible uses, and shall
include other easements or rights-of-way as shall
within their proper use and meaning entitle the
city and the grantee to the use thereof for the
purposes of installing or transmitting grantee's
cable service over poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, com-
pliances, attachments, and any other property as
may be ordinarily necessary and pertinent to the
cable system.
Service area means the municipal boundaries of
Salina, as those boundaries may be added to or
reduced by annexation or other legal means.
Service tier means a category of cable service
provided by grantee and for which a separate
charge is made by grantee.
Video programming means programming pro-
vided by or generally considered comparable to
programming provided by a television broadcast
station.
Section II. Grant of franchise.
2.1 Grant. The city authorizes grantee to use
public ways to install, construct, operate and main-
tain a cable television system. Grantee must pay
all fees and compensation to the city required by
the franchise or state or federal statutes and con-
stitutions.
2.2 Term. The franchise granted hereby shall
expire fifteen (15) years after its effective date
unless lawfully terminated in accordance with its
terms or other applicable law, or altered in accor-
dance with Section 14.4.
2.3 Effective Date. This franchise shall become
effective sixty (60) days after publication, pro-
vided that, this franchise shall not become effec-
tive until all conditions precedent are satisfied.
For all conditions precedent to be satisfied the
city must sign the franchise agreement, and
grantee must, within forty-f'Ive (45) days of the
date the franchise is signed by the city: (a) sign
the franchise and accept its terms; and (b) provide
2964
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.
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.
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APPENDIX B-FRANCHISES
all warranties, proofs, and other documents re-
quired by the franchise.
2.4 Effect of Acceptance. By accepting the fran-
chise, grantee: (a) acknowledges and accepts the
city's legal right to issue and enforce the fran-
chise; (b) agrees it will not oppose intervention by
the city in any proceeding affecting the Salina
system; (c) accepts and agrees to each and every
provision contained herein; and (d) agrees that
the franchise was granted pursuant to processes
and procedures consistent with applicable law, and
agrees it will not raise any claim or defense to the
contrary.
2.5 Rights Reserved. The city reserves its rights
under its lawful police powers, and nothing in this
franchise shall be read to limit those rights. The
city, among other things, does not waive require-
ments of various codes and ordinances, and reso-
lutions, including zoning codes, codes regarding
building permits and fees, or time or manner of
construction. Any fees or charges paid, so long as
generally applicable and not unreasonably dis-
criminatory, shall be paid in addition to the fran-
chise fee required under this franchise.
2.6 Effect on Prior Franchise. Ordinance No.
8544 shall be of no further force and effect as of
the effective date of this franchise. The parties,
upon the effective date of this franchise and pay.
ment of the amounts required under this Section
2.6, mutually release any claims each had or may
have against the other under Ordinance 8544 ex-
cept with respect to claims related to the drop
agreement between grantee and the city; claims
(if any) related to payment of the 1991 franchise
fee; and claims for indemnification, contribution
or insurance related to grantee's operations under
Ordinance No. 8544, which survive. Grantee shall
pay to the city on the effective date of the fran-
chise, the sum of $770,000 as part of the costs
relating to the grant of the new franchise which
gives the grantee the right to distribute, sell, or
provide goods or services within the specified ser-
vice area, pursuant to proceedings conducted under
47 D.S.C. ~546. The parties affirm and agree that
the payments made hereunder do not constitute
franchise fee payments within the meaning of 47
D.S.C. ~542 and fall within the exceptions con-
templated by 47 D.S.C. ~542(g)(2)(C)-(D).
Supp. No.9
Art. III, ~ III
2.7 Franchise Nonexclusive. This franchise shall
in no way limit the city from authorizing construc-
tion of other cable systems. During the term of
this franchise, and subject to limitations on local
authority under applicable law:
a. Before issuing any cable television fran-
chise the city shall conduct a proceeding to
determine whether an applicant's proposal
meets the future cable-related needs and
interests of the community. Grantee shall
be notified of that proceeding, and shall be
given an opportunity to appear in the pro.
ceeding and to present evidence relevant to
the determination of future cable-related
needs and interests.
b. In the event the city enters into any fran-
chise, permit, license, authorization, or
other agreement of any kind with any other
person or entity other than grantee to enter
upon or use the streets and public rights.
of-way for the purposes of constructing or
operating a cable system or providing cable
service to any part of the service area, the
material provisions thereof shall be reason.
ably comparable to those contained herein
in order that one operator not be granted
an unfair competitive advantage over an-
other.
c. However, grantee must cooperate with a
new franchisee concerning the availability
of access programming to the new system,
to the end that both the benefits and bur-
dens of the access system, including pro-
gramming shall be equitably shared.
Section III. Use of streets and public
grounds.
3.1 No Interference or Endangerment. The
grantee may not endanger nor unreasonably in-
terfere with the lives or property of persons; un-
reasonably interfere with property of the city or
any public utility; or unnecessarily hinder or ob.
struct use of the public ways. The franchise does
not establish priority for use of public ways over
holders of other permits or franchises; it grants no
vested interest in occupying any particular posi-
tion in the public ways. The city shall control dis-
tribution of space in the public ways, but may not
2965
Art. III, A III
SALINA CODE
exercise that authority unreasonably. No poles
shall be erected by the grantee without the prior
approval of the city with regard to location, height,
types and any other pertinent aspect. As far as
possible, arrangements shall be made for use of
existing utility poles. No location of any pole or
wire-holding structure shall give rise to a vested
interest in city property or public ways and such
poles or structures shall be removed or modified
by the grantee at its expense whenever the city
reasonably determines that the public interest will
be enhanced thereby.
3.2 No Hindrance to Public Works and Improve-
ments. Grantee shall, at its cost, install, construct,
operate and maintain its system as directed by
the city or other authorized government entity so
as to permit the city or other authorized govern-
ment entity to install, construct, maintain or op-
erate public works or public improvements. The
grantee, at its expense, shall relocate or remove
its cable system as requested by the city for rea-
sons of traffic conditions, public health and safety
and protection of property, street construction,
grade change, or construction of any public im-
provement. Grantee, at its expense, shall promptly
alter or relocate its cable system to conform to
any new line or grade. Grantee, at its expense,
shall remove and relocate its structures which ob-
struct public ways, or whenever the city closes a
public way. The city shall give the grantee written
notice specifying a deadline for completion of the
removal or relocation. If, after fifteen (15) busi-
ness days from the deadline provided in the
written notice, grantee fails to remove or relocate
its system as required by the city or other autho-
rized government entity, the city or other autho-
rized government entity may remove or relocate
grantee's cable system, and grantee shall compen-
sate the city or other authorized government en-
tity for all reasonable expenses incurred thereby.
3.3 Removal or Relocation in Event of Emer-
gency. In event of emergency, or where the cable
system creates or is contributing to an imminent
danger to health, safety or property, the city may
remove or relocate grantee's cable system without
prior notice.
3.4 Relation to Penalties for Failure to Provide
Service. The grantee shall not be penalized by the
Supp. No.9
city for any failure to provide service which re-
sults from relocation or removal under Section 3.2
or 3.3, where the cable was installed in accord
with applicable safety codes and generally ac-
cepted industry standards.
3.5 Other General Conditions on Use of Public
Ways.
a. Grantee, at its cost, shall protect or support
public or private property to prevent
damage caused by construction, installa-
tion, maintenance or operation of its cable
system. If grantee fails to protect such prop-
erty, the city ~ay do so, and grantee shall
compensate the city for all reasonable ex-
penses incurred thereby. Grantee, within
ten (10) days of completion of work and at
its expense, shall restore public ways it dis-
turbs to as good a condition as prior to dis-
turbance; and within that period shall re-
pair, replace or compensate property owners
for damage to public or private property
caused by grantee (the city may elect to
repair or replace public property, such as
sewage lines, and bill grantee for the rea-
sonable cost of repair). Subject to the fore-
going, grantee may trim trees and other
vegetation from public way, at its expense
and subject, at the city's option, to the city's
supervision.
b. Grantee shall notify any person whose prop-
erty is damaged by grantee within four (4)
hours of the time the damage is discovered.
At a minimum, this section requires grantee
to place a prominent notice in a prominent
place on the damaged property, and to make
diligent efforts to contact the property
owner or resident directly.
c. All excavation shall be performed 80 as to
create the least inconvenience to public, and
in accordance with permits issued by the
city. The city shall have the right to super-
vise all excavation.
3.6 Special Conditions on Use of Compatible
Easements. The grantee shall ensure:
a. That the safety, functioning and appear-
ance of the property and the convenience
and safety of other persons are not adversely
2966
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APPENDIX B-FRANCHISES
Art. III, ~ III
.
affected by the installation, construction,
maintenance or operation of the cable
system;
b. That the cable system, or any part thereof,
shall be removed or relocated at grantee's
expense upon the property owner's request
whenever the compatible easement is closed
or relocated in accordance with law;
c. That the cost of the installation, construc-
tion, operation or maintenance of the cable
system or any part thereof shall be borne
by the grantee or the subscriber, in accor-
dance with the requirements of the fran-
chise; and
d. The owner of the property shall be justly
compensated in accordance with applicable
law by the grantee for any damages caused
by the installation, construction, operation
or maintenance of the cable system or any
part thereof by the grantee. .
3.7 Movement of Wires for Third Person. Grantee
shall raise or lower wires or equipment upon the
reasonable request of any third person, including
any person holding a building moving permit. Ex-
penses associated with raising and lowering the
wires or equipment (except where this franchise
or applicable laws or agreements provide other-
wise) shall be paid by the person requesting the
same and the grantee may require advance pay-
ment. Grantee shall be entitled to require that it
be given up to ten (10) business days advance no-
tice by the person requesting the movement.
3.8 No Guarantee of Accuracy of Maps. The city
does not guarantee the accuracy of any maps
showing the horizontal or vertical location of ex-
isting structures. In public ways, where neces-
sary, the location shall be verified by excavation.
3.9 Construction Standards. The construction,
installation, operation and maintenance of the
cable system and all parts thereof shall be per-
formed in an orderly and workmanlike manner.
All such work shall be performed in accordance
with the following safety, construction and tech-
nical specifications and codes and standards, as
they may now exist or be amended or adopted
hereafter:
a. Occupational Safety and Health Adminis-
tration (OSHA) Safety and Health Stan-
dards;
e
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Supp. No.9
b. National Electrical Code;
c. National Electrical Safety Code (NESCl;
d. Obstruction Marking and Lighting, AC 70/
7460 i.e., Federal Aviation Administration;
e. Construction, Marking and Lighting of An-
tenna Structures, FCC Rules Part 17;
f. All Federal, State and Municipal Construc-
tion Requirements, including FCC Rules
and Regulations;
g. All Building and Zoning Codes, and all
Land Use Restrictions and local safety
codes; and
In the event of a conflict among codes and stan-
dards, the most stringent code or standard shall
apply (except insofar as those standards, if fol-
lowed, would result in a system which could not
meet requirements of federal, state or local law;
and except for such minor modifications as are
typical in the industry). The city may adopt rea-
sonable additional standards after consultation
with the grantee as required to ensure that work
continues to be performed in an orderly and work-
manlike manner, or to reflect changes in stan-
dards which may occur over the franchise term.
3.10 Subcontractors. All contractors or subcon-
tractors shall be properly licensed, and each con-
tractor or subcontractor shall have the same ob-
ligations with respect to its work as grantee would
have under this franchise and applicable laws if
the work were performed by grantee. Grantee shall
be responsible for ensuring that the work of con-
tractors and subcontractors is performed consis-
tent with the franchise and applicable law, shall
be fully responsible for all acts or omissions of
contractors or subcontractors and shall be respon-
sible for promptly correcting acts or omissions by
any contractor or subcontractor.
3.11 Removal of Wires. Grantee shall remove
its cable system from the public ways within
twelve (12) months of the lawful termination of
the franchise, unless city provides for some later
date to ensure continuity of service to subscribers,
provided that, this Section 3.11 shall not be read
to waive rights grantee might otherwise have
under applicable law. The city may require
grantee to continue to provide service and to co-
2967
Art. III, ~ III
SALINA CODE
operate with transition to another provider as nec-
essary to assure continuity of service to sub-
scribers. Grantee may be required to continue to
provide service, under the same terms and condi-
tions as if the franchise remained in effect, for a
period not to exceed eighteen (18) months from
the later of the scheduled termination date, or the
final determination of the lawfulness of any ter-
mination. Grantee shall have twelve (12) months
to remove its cable system from the last day of
any period it is required to continue to provide
service. If the cable system is not removed, it shall
be deemed abandoned.
3.12 Use of Equipment by City. Subject to appli-
cable tariffs, the city may use poles or conduits of
grantee at no charge, so long as the use does not
interfere with grantee's use. The city shall indem-
nify, defend and save harmless grantee for all
claims arising out of the city's use of grantee's
poles or conduits, including reasonable attorneys
fees and costs. Nothing in this section prohibits
the grantee from participating in the defense of
any litigation by its own counsel at its own cost.
3.13 Aerial and Underground Construction.
With regard to all areas of new construction or
line extension, where the transmission and distri-
bution facilities of public utilities providing tele-
phone communications and electric services are
located underground, the grantee likewise shall
locate its cable system underground. In any area
of new construction or line extension where the
telephone or electric utility lines are relocated so
that both electric and telephone lines are located
underground, after the effective date of this fran-
chise, grantee likewise shall relocate its cable
system underground, if it is given notice and ac-
cess to the public utilities' facilities at the time
that such are placed underground.
Notwithstanding this Section 3.13, the city,
through exercise of its lawful police powers, may
require the grantee to place existing facilities un-
derground, in which case grantee shall be com-
pensated for. its reasonable costs incurred in
placing its facilities underground.
Section IV. System facilities, equipment and
services.
4.1 System Design.
a. Grantee shall upgrade its system so that
the system in its entirety uses at least 450
Supp. No.9
mHz equipment of high quality and reli-
ability. Grantee shall integrate a fiber optic
backbone design, and in a manner which
will reduce the number of trunk amplifiers
in a cascade out of the head end to a max-
imum number of eight (8), and so that op-
tical receive sites have no more than four
(4) trunk amplifiers in a cascade. The fiber
optic technology will integrate into the
system in a manner which permits the
grantee to take full advantage of the ben-
efits of that technology, including increased
reliability and improved system perfor-
mance.
b. Grantee shall install, replace as necessary
and maintain, a dedicated, bidirectional
fiber optic link between the access center
and the headend. The link shall be com-
pleted within six (6) months of the effective
date of the franchise, or the date the access
center is completed, whichever is Jater. The
dedicated connection shall be designed and
include all equipment, including but not
limited to laser transmitters, modulators,
and processors required so that the access
center can send signals to the headend on
at least three (3) channels initially; and so
that the access center can remotely (1) route
signals originated at the center or at other
locations onto any of the three access chan-
nels on the regular subscriber network; and
(2) otherwise control the signals to allow
for smooth breaks, transitions, insertion of
station ID's and other material.
c. The grantee shall install, replace as neces-
sary and maintain, dedicated bidirectional
fiber optic links and all equipment required
to make them operable so that the City/
County Building, the Bicentennial Center,
Fire Station #1, the Law Enforcement
Center, the two public high schools, Kansas
State University-Salina College of Tech-
nology, Kansas Wesleyan, the Public Li-
brary, and the Community Theatre, will be
able to send signals to the access center
using those dedicated, bidirectional fiber
optic links; provided however, that grantee
is obligated to provide a total of one por-
table laser transmitter one fixed laser trans-
2968
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APPENDIX B-FRANCHISES
Art. III, ~ N
.
mitter, and two channel modulators for use
at these locations. The link between the
City/County Building and the access center
shall be completed within six (6) months of
the effective date of this franchise, or the
date the access center is completed, which-
ever is later. The other links required under
this Section 4.1.c shall be completed no later
than the date the system upgrade is com-
pleted as required by Section 4.1.h hereof,
or the date the access center is completed,
whichever is later.
d. The grantee shall install, replace as neces-
sary and maintain, dedicated bidirectional
fiber optic links and all equipment required
to make them operable so that all public
schools may send signals to the access fa-
cility; provided that, grantee shall have no
obligation under this Section 4.1.d. to pro-
vide any laser transmitter or modulator.
The links shall be completed by the date
the system upgrade is completed as required
by Section 4.1.h hereof.
e. The grantee shall use equipment generally
used in high-quality, reliable, modern sys-
tems of similar design, including but not
limited to back-up power supplies capable
of providing power to the system for three
(3) hours in the event of an electrical outage;
and including but not limited to modula-
tors, antennae, amplifiers and other elec-
tronics which permit and are capable of
passing through the signals received at the
headend without substantial alteration or
deterioration. This obligation shall include
the obligation to install equipment to re-
transmit in stereo satellite and local broad-
cast signals provided in stereo. The obliga-
tion to provide back-up power supplies
requires grantee to provide back-up power
supplies at each fiber optic receive node.
f. The grantee shall install equipment so that
the headend is capable of providing at least
60-plus channels in full configuration and
will develop signals of high quality
throughout the service area (including on
channels retransmitting upstream signals
received through the headend), and so that
e
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e
Supp. No.9
the headend has adequate ventilation and
space to be able to meet or exceed these
design requirements.
g. The grantee, to the extent practical, shall
install equipment and construct its system
so that, except for premium or pay-per-view
services, a subscriber can use all features
such as remote control units for VCR and
television set for simultaneous viewing and
recording on different channels.
h. The upgrade required under this Section
shall be completed no later than August
31, 1993, if this franchise is signed by the
city no later than January 1,1992. The com-
pletion date will be extended one day for
each day between January 1,1992 and the
date the franchise is signed by the city. The
city shall grant reasonable extensions of
time to complete construction in particular
areas of the city if, prior to the scheduled
time for completion, grantee shows that,
notwithstanding its due diligence, it has
been unable to extend service to a specified
area because the acts or omissions of a third
party (not including grantee's subcontrac-
tors or agents) have caused a delay in con-
struction beyond delays reasonably ex-
pected during the course of a rebuild or
upgrade, and grantee proposes a reason-
able alternative deadline for extension of
service to that area.
4.2 System Design Review Process.
a. At least thirty (30) days prior to the date
construction of any required upgrade or re-
build is scheduled to commence, grantee
shall provide a detailed system design and
construction plan, available for review by
the city either at the local office of the
grantee, or, at the city's request, at any
TCl office designated by the city, which
shall include at least the following ele-
ments:
1. Design type; trunk and feeder design;
number and location of hubs or nodes.
2. Distribution system-cable, fiber, equip-
ment to be used.
3. Headend design and reception facili-
ties including make and model number
2969
Art. III, ~ IV
SALINA CODE
of antennae, signal processors, modu-
lators, demodulators, etc.
4. Plans for standby power at headend,
hubs/nodes, and satellite terminals.
The plan should state the make and
model number of equipment to be used
as well as time capacity.
5. The emergency alert system grantee
plans to install including: make and
model numbers of equipment; whether
system will override all audio and video
channels or only audio channels; and
how system will be activated and from
where.
6. Longest amplifier cascade in system
(number of amplifiers, number of miles,
type of cable/fibre).
7. Design maps and tree trunk maps for
the system. The system design will be
shown on maps of industry standard
scale using standard symbology, and
shall depict all electronic and physical
features of the cable plant.
b. The city shall have twenty (20) days from
the date grantee notifies the city the design
and construction plans are available for re-
view to submit comments on the plans.
Grantee must submit a written response to
the comments including an amended plans,
if appropriate, within ten (10) days of the
date it receives the city's comments. The
city reserves any rights it may have under
this franchise, including rights to impose
penalties or terminate the franchise based
on the design.
4.3 Initial and Continuing Tests. The grantee
shall perform all tests necessary to demonstrate
compliance with the requirements of 47 CFR 76
subpart K of the FCC rules and regulations. All
tests shall be conducted in accordance with the
most current publications of Tektronix, "No Loose
Ends", and/or NCTA's, "Recommended Practices
for Measurements on Cable Television Systems."
The grantee shall perform at least the following
tests:
a. The grantee in conjunction with various
manufacturers shall perform a preconstruc-
tion quality test on quantities of system
components determined by the grantee
Supp. No.9
based on random samples. All new trunk
and distribution cable shall be sweep tested
on the reel to verify compliance with man-
ufacturers specification of frequency re-
sponse and structural return loss. No com-
ponent shall be used in the system which
fails to meet the manufacturers' specifica-
tion.
b. Acceptance tests. The grantee shall per-
form acceptance tests on the entire system
at the conclusion of the upgrade to demon-
strate compliance with 47 CFR 76 subpart
K of the FCC Rules and Regulations in ac-
cordance with Section 4.7.
The city has the option of witnessing the tests.
The test results shall be submitted to the
city for review. The grantee shall have the
obligation, without further notice from the
city, to take corrective action if any seg-
ment is not operating or performing within
47 CFR 76 subpart K of the FCC Rules and
Regulations in accordance with Section 4.7.
c. Continuing tests. The grantee and the city
will jointly select test points at various
points of the system. The quantity of these
test points will be mutually agreed upon
based on what best represents the architec-
ture of the system. The grantee shall per-
form proof of performance tests at these lo-
cations annually in conjunction with 47
CFR 76 subpart K through the life of the
franchise, and at other points mutually
agreed upon where system user complaints
indicate tests are warranted or as required
to test all major trunk lines. The city shall
have the option of witnessing the tests. A
written report of the test results shall be
filed with the city within thirty (30) days of
the test. If a location fails to meet perfor-
mance specifications as outlined in 47 CFR
76 subpart K in accordance with Section
4.7, the grantee, without requirement of ad.
ditional notice or request from the city, shall
take corrective action, re-test the locations
and advise the city of the action taken and
results achieved.
4.4 Inspections during Construction. The city
may conduct inspections of construction areas and
2970
e
.
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APPENDIX B-FRANCHISES
Art. III, fi IV
subscriber installations, including to assure com-
pliance with applicable laws, codes and require-
ments of this franchise. The grantee shall be no-
tified of any violations found during course of
inspections. The grantee must bring violations into
compliance within thirty (30) days of date it re-
ceives notice, and submit a report to the city de-
scribing the steps taken to bring itself into com-
pliance. Inspection does not relieve the grantee of
its obligation to build in compliance with all pro-
visions of the franchise.
4.5 Other Construction Procedures. The Grantee:
a. . Shall follow a system design and construc-
tion plan consistent with its obligations
under this franchise, use the equipment
specified, (or substitute equipment of equiv-
alent or better quality) in such distribution
system design plan and construction plan
(except insofar as those plans, if carried out,
would result in construction of a system
which would not meet requirements of fed-
eral, state or local law; and except for such
minor modifications as are typical in the
industry).
b. Shall use equipment of good and durable
quality.
c. Shall provide a monthly construction re-
port to the city in a form reasonably re-
quired by the city.
d. Shall maintain a public file showing its plan
and timetable for construction of the cable
system. Grantee shall notify residents in
any construction area at least one (1) day in
advance before first entering onto property
to perform any work in conjunction with
system construction, and shall additionally
notify affected residents in advance of any
work which will involve excavation, replace-
ment of poles, or tree trimming.
e. Shall make available within, sixty (60) days
of implementation of the upgrade, as.built
system design maps for the city's review at
the local office of the grantee, or at the city's
request, at any TCI office designated by the
city.
f. Shall provide maps showing the actual 10-
cation of additions or extensions to its lines
Supp. No.9
within thirty (30) days of completion of
system construction in any geographic area.
4.6 System Maintenance.
a. Interruptions to be minimized. The grantee
shall schedule maintenance so that activi-
ties likely to result in an interruption of
service are performed during periods ofmin-
imum subscriber use of the system. The
grantee shall make best efforts to minimize
interruptions of service consistent with rea.
sonable and customary upgrade practices.
b. Maintenance practices. In addition to its
other obligations, grantee shall (a) use re-
placement components of good and durable
quality, with characteristics better or equal
to replaced equipment; and (b) follow the
more stringent of industry maintenance
standards or corporate maintenance stan-
dards.
4.7 System Performance. The system shall meet
or exceed the standards set forth in 47 C.F.R. Sec-
tion 76.601 et seq. ("FCC Standards"), as those
standards may be in effect at all times. The par-
ties anticipate that the standards may be revised
between the date the franchise is signed and the
date the initial system upgrade is completed, and
agree that the system will be designed and con-
structed so that it shall meet or exceed FCC Stan-
dards in effect at all times. If the FCC Standards
are eliminated and not replaced, the city may con-
tinue to enforce the standard which existed prior
to the date of elimination. If the city has au-
thority to establish standards, standards may be
amended or added in conjunction with and subject
to the Section 10.12 periodic review.
4.8 Future System Upgrades/Rebuilds. Grantee
shall provide additional or new facilities and equip-
ment, expand channel capacity and otherwise up-
grade or rebuild its system throughout the fran.
chise term as required to incorporate
improvements in technology to reasonably meet
the needs and interests of the community in light
of the costs thereof.
4.9 System Extension.
a. The grantee shall build its system so that it
is able to provide service to all areas 10-
2971
Art. III, ~ IV
SALINA CODE
cated within the city limits as they existed
on January I, 1991. It must build the
system so that it can extend service to res-
idents, including residents located in areas
which may be annexed in the future, in ac-
cordance with 4.9.b.
at the then-prevailing normal installa-
tion charge (unless the grantee demon-
strates to the city's satisfaction that ex-
traordinary circumstances justify a
higher charge) where:
A. The new subscriber requesting ser-
vice is located within five hundred
(500) feet from the nearest existing
cable system plant, or
B. The number of homes to be passed
by such extension is equal to or
greater than five (5) homes per
quarter mile of such extension
measured from the nearest ex-
isting Cable System plant.
b. Line extension requirements.
1. Existing city limits. Within the city
boundaries as they existed on January
I, 1991, the grantee must extend ser-
vice upon request to any person or busi-
ness for no charge other than the then-
prevailing, normal installation charge,
unless the 'grantee demonstrates to the
city's satisfaction .thatextraordinary
circumstances justify a waiver of this
section.
2. New areas.
(i) For areas annexed after January 1,
1991, grantee will extend its trunk and
distribution system to serve subscribers
requesting service after the date hereof
I
(ii) Cost sharing. In the event that the
requirements set forth in 4.9.b.2.i. are
not met, the grantee will extend its
cable television system on request
based upon the following cost-sharing
formula.
A. Total cost to construct extension'" = Cost per quarter mile of extension
Quarter miles of extension
B. Total cost per quarter mile of extension = Grantee's share per subscriber
5
C. Total cost to construct extension = Cost per subscriber
Number of subscribers requesting service
D. Cost per subscriber minus grantee's share = Subscriber's share
per subscriber
"'Total cost to construct extension is defined as the actual turnkey cost to construct the entire
extension including electronics, pole make-ready charges and labor, but not the cost of the
subscriber drop.
3. Subscriber drops. The grantee shall not
assess any additional cost for service
drops of one hundred fifty (150) feet or
less unless the grantee demonstrates
to the city's satisfaction that extraor-
dinary circumstances justify a higher
charge. Where a drop exceeds one hun-
dred fifty (150) feet in length, grantee
may charge subscriber for the differ-
ence between grantee's actual costs as-
sociated with installing a one hundred
iuty (150) foot drop, and grantee's ac-
tual cost of installing the longer drop.
Provided that, drop length shall be the
shorter of (1) the actual length of in-
stalled drop or (2) shortest distance to
the point where grantee would be re-
quired to extend its distribution system.
4. In any area where grantee would be
entitled to install a drop above-ground,
grantee will provide the subscriber the
option to have the drop installed un-
derground, but may charge the sub-
scriber the difference between the ac-
Supp. No.9
2972
APPENDIX B-FRANCHISES
e
tual cost of the above-ground installa-
tion and the actual cost of the under-
ground installation.
5. Time for extension. Grantee must ex-
tend service to any person who re-
quests it: within seven (7) days of the
request, where service can be provided
by activating or installing a drop; after
the upgrade of the system is com-
pleted, within thirty (30) days of the
request within the existing city limits
as of January 1, 1991, where an exten-
sion is required, or in any case where
an extension of one-half mile or less is
required; or within six (6) months for
annexed areas where an extension of
one-half mile or more is required.
6. Notwithstanding the foregoing, grantee
shall install one drop at no charge to
every school and public building.
Grantee may charge for service deliv-
ered over that drop; however, the city
and school may install facilities and
equipment to transmit the signal to all
rooms within a building, and shall not
be required to pay any more for service
than the grantee charges for delivery
to a single drop point to a residential
subscriber.
.
e
.
4.10 Public, Educational and Governmental Use.
a. PEG channel capacity. Grantee shall set
aside three (3) downstream channels for
public, educational and governmental
("PEG") use initially. One (1) channel must
be activated on the effective date of the
franchise, and two (2) additional channels
must be activated on the earlier of Septem-
ber 30, 1993, or completion of the system
upgrade required by Section 4.1.h. hereof.
In addition, grantee must activate up-
stream capacity in accordance with 4.1.~.
All PEG access channels must be provided
as part of any basic service tier.
b. Requirements regarding rules and proce-
dures for use of PEG channels.
1. The city shall designate a nonprofit
access management corporation (here-
after, "Access Corporation"), initially
e
Supp. No. 11
Art. III, f IV
"Community Access 'Thlevision of Salina,
Inc." to manage the use of the PEG
channels required under the franchise.
2. The Access Corporation shall establish
and enforce rules for use of the PEG
channels (i) to assure nondiscrimina-
tory access to the channels to similarly
situated users; and (ii) to promote use
and viewership of the channels, consis-
tent with the obligation to provide non-
discriminatory access to similarly sit-
uated users. The city shall be
responsible for establishing and enforc-
ing rules for use of the channel capac-
ity and managing the use of the chan-
nels during any period such Access
Corporation does not exist.
3. The grantee may not exercise any edi-
torial control over the content of pro-
gramming on the designated channels
(except for such programming the
grantee may produce and cablecast on
the same basis as other channel users).
4. The channels shall be available at no
charge to users and to the Access Cor-
poration.
5. When access channels are not being
used to carry programming provided
by other access users, the Access Cor-
poration at its sole cost and expense
shall have the right to back-up access
programming with other programming,
consistent with its mission to promote
public, educational and governmental
use of the channels. This paragraph
shall not limit grantee's rights under
47 U.S.C. ~531(d).
c. Equipment and facilities. Grantee shall
pay to the city for PEG access equipment
and facilities the following amounts:
1. For facilities $150,000, to be deposited
on the effective date of the franchise;
and
2. For equipment; $200,000, to be depos-
ited on the effective date of the fran-
chise.
The above-described $350,000 is included
in and not in addition to those funds de-
scribed in Section 2.6 above.
2973
Art. III, f IV
SALINA CODE
d. Access services. Grantee shall have a con-
tinuing obligation to provide adequate play-
back, training, outreach, administrative sup-
port and production assistance to access
users, in accordance with community needs
as reasonably ascertained by the city in
light of the costs thereof; provided that,
grantee shall have no obligation under this
section so long as it maintains a valid and
binding contract with the Access Corpora-
tion designated by the city. Nothing in this
section requires or .shall be deemed to re-
quire grantee to make any payment which
constitutes a franchise fee under 47 U.S.C.
~542.
e. General. The parties agree that any cost to
grantee associated with providing access
services, facilities and equipment under
this franchise, including without limitation
the amounts set forth in 4.10.c.1-2, and
payments made outside this franchise, if
any, are not part of the franchise fee, and
fall within one or more of the exceptions to
47 U.S.C. ~542.
4.11 Leased Use.
a. Number of channels. The grantee shall
provide leased access channels as required
under the Cable Act.
b. Reservation of rights. In the event the
leased access requirements of Cable Act
change, the city may require grantee to
continue to provide channels it was re-
quired to provide under the Cable Act, if
consistent with federal law.
c. To the maximum extent permitted consis-
tent with federal laws and regulations, the
city may regulate terms and conditions for
leased use ofthe channels; may require the
grantee to provide leased users access to
system facilities, equipment and services
under reasonable terms and conditions;
may require the grantee to attach or inter-
connect its system to equipment and facil-
ities to facilitate leased use of the channels,
under reasonable terms and conditions;
and may establish other rules and regula-
tions to promote leased use of the channels.
Supp. No. 11
d. The grantee shall maintain a file showing
the terms and conditions under which it
provided services, facilities, equipment and
channels to leased users. The file shall, at a
minimum, show the lease price, all compen-
sation to the grantee (including compensa-
tion in cash, in-kind services, facilities and
equipment, or by barter), and the nature of
the lessee, or its programming, if consid-
ered in establishing the lease term and
conditions. The file shall be provided to the
city upon request.
4.12 Subscriber Services.
a. For the period beginning on the effective
date of the franchise through the comple-
tion of the system upgrade required by
Section 4.1 hereof: a minimum of thirty-six
(36) activated channels and twenty-six (26)
basic service channels;
b. For the period beginning on completion of
the system upgrade required by Section 4.1
hereof, through the end of the franchise
(subject to future agreements in light of
changes in system capacity): a minimum of
forty-five (45) activated channels and twenty-
one (21) basic service channels.
c. In addition to such other service require-
ments as may be contained in this fran-
chise, grantee agrees to provide the follow-
ing broad categories of services:
1. Kansas broadcast programming;c
2. Kansas educational broadcast program-
ming;
3. Non-network arts/cultural program-
ming;
4. Non-network educational and informa-
tional programming;
5. Children's programming;
6. Public affairs programming services
which address major local, state and
federal issues of interest to the citizens
of Salina; and
7. Programming which satisfies ascer-
tained needs and interests of the citi-
zens of Salina.
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APPENDIX B-FRANCHISES
Nothing in subparagraphs c.! or c. hereof shall
be read to require grantee to carry every
Kansas commercial or educational broad-
cast station.
d. Grantee shall conduct subscriber surveys
on a regular basis, no less than once every
three (3) years, to determine the program-
ming needs and interests of its subscribers.
4.13 Nondiscrimination.
a. Grantee shall not unlawfully discriminate
against any subscriber or potential sub-
scriber on basis of race, color, religion,
national origin, age, or sex; or deny service
to any group of potential subscribers be-
cause of the income of the residents of the
area in which a group of potential subscrib-
ers reside; provided that, nothing shall
prohibit grantee from providing a "lifeline"
type of service to the poor, the elderly, the
developmentally disabled or physically dis-
abled.
b. Grantee shall ensure that its services are
accessible, as far as possible, to disabled
people. AIl closed-caption programming re-
transmitted by the system shall include the
closed-caption signal.
4.14 No City Control.
a. During the term of this franchise, the city
may not prohibit grantee from providing
any program or class of programs, or other-
wise censor communications over the cable
system; except that, nothing in this section
shall be read to authorize grantee to en-
gage in communications which are prohib-
ited by law, or to expand or contract any
rights the city may have to enforce gener-
ally applicable laws with respect to obscen-
ity, libel, slander or otherwise unprotected
speech against the grantee (for channels
the grantee controls), program producer or
other responsible party.
b. Parental control device. Upon request,
grantee shall provide parental control de-
vices to any subscriber. Grantee shall charge
no more than its cost for the parental
control devices it provides.
(Ord. No. 95-9685, ~ 1, 4-17-95)
Supp. No. 11
Art. III, ~ V
Section ~ Rate regulation and consumer
protection.
5.1 Regulation of Rates. The city may regulate
grantee's rates and charges to the maximum
extent permitted consistent with federal law and
regulations. Grantee shall file a schedule of its
rates and charges with the city on the effective
date of this franchise.
5.2 Prior Approval. Grantee shall be required to
submit any change in rates or charges to the city
for approval prior to implementing that change,
to the extent grantee may be required to do so
consistent with federal laws and regulation. Noth-
ing in this section shall be deemed to waive any
rights grantee may have under 47 U.S.C. ~543(eX1).
5.3 Notice of Changes. At least sixty (60) days
prior to implementing any changes in rate levels,
services or service terms, grantee shall provide
the city written notice describing any such changes
it plans to make and the proposed effective dates
for the changes (or, in cases where the change in
services or service terms is not known to grantee
sixty (60) days prior to the date the change is to be
implemented, as soon as possible and no later
than thirty (30) days prior to implementing any
change). At least thirty (30) days prior to imple-
menting any changes in rate level, services or
service terms and conditions, grantee must pro-
vide each affected subscriber notice, describing
the changes it plans to make and the proposed
effective dates for the changes. Any change made
without the required notice shall be of no force or
effect in determining the payments owed or the
legal rights of the city or subscribers, but grantee
may make an otherwise lawful change once the
notice is given.
5.4 Support for Access.
a. The city recognizes that provision of sup-
port for PEG access is a valid expense
associated with the provision of basic ser-
vice under this franchise, and that grantee
should be compensated through its rates
for reasonable costs associated with the
provision of support for PEG access. The
parties agree that existing rates compen-
sate grantee for costs associated with pro-
viding the support required by Section 4.10
a-c.
2975
Art. III, ~ V
SALINA CODE
b. The city agrees that grantee may pass-
through in 1992 up to $0.60 per basic
subscriber per month to compensate it for
any additional support it actually provides
for access to the Access Corporation. This
pass-through amount to the Access Corpo-
ration may be increased each year by an
amount not to exceed the percentage in-
crease in basic service (not considering the
amount attributable to access collected un-
der this section 5.4.b), or if there is no basic
service rate, by an amount not to exceed
the percentage increase in the level of
service most comparable to basic service.
The pass-through for access, as it may be
increased from time to time in accordance
with this section 5A.b., may be shown as a
separate line item on the subscriber's bill.
The amount collected by grantee under this
section 5.4.b shall not be deemed "gross
revenues" for purposes of calculating the
franchise fee owed to the city. This section
5A.b. is without prejudice to grantee's right
to provide additional amounts for and in
support of access, and to seek to reflect
those additional amounts in rates.
5.5 Customer Service Standards.
a. Grantee shall have an obligation to provide
high-quality service to its subscribers
throughout the franchise term. To this end,
the parties have established initial cus-
tomer service standards which standards
are set forth in Attachment 1 [incorporated
herein by reference]. Grantee shall meet or
exceed the customer service standards on
an ongoing basis.
b. Grantee's service must be provided subject
to all rights its subscribers may have under
federal, state or local laws.
5.6 Right to Maintain Antenna. The grantee
shall not, as a condition to providing service,
require a subscriber or potential subscriber to
remove any existing antenna, or disconnect an
antenna except at the express direction of the
subscriber or potential subscriber, or prohibit or
discourage a subscriber from installing an an-
tenna switch provided such equipment and instal-
lations are consistent with applicable codes.
Supp. No. 11
5.7 Duty to Install Telephone Monitoring Equip-
ment. The grantee shall install such devices as
are required to enable it to determine whether it
is complying with each and every standard for
customer telephone service, as amended from
time to time;
5.8 Nondiscrimination. Except to the extent
and for the time it is prohibited from doing so by
federal law, the city prohibits grantee from dis-
criminating among similarly situated subscribers
in the provision of any services, facilities or equip-
ment. Nothing shall prohibit grantee from con-
ducting temporary bona fide promotions, except
the grantee may not discriminate among subscrib-
ers in the price for any service tier or program
service unless the promotional rate is available to
all similar classes of subscribers throughout Salina.
Section VI. EEO.
6.1 EEO. The grantee shall comply with fed-
eral, state and local laws and regulations govern-
ing equal employment opportunities, as the same
may be from time to time amended.
Section VB. Reserved.
Section VID. Franchise fees.
8.1 Franchise Fee. As compensation for the use
of valuable public ways, and to defray certain of
the costs associated with cable regulation during
the franchise term, grantee shall pay the city five
percent (5%) of the gross revenues it derives or
which any person who would be defined as a cable
operator under 47 V.S.C. ~602(4) derives in con-
nection with the operations of the Salina system.
The franchise shall be read to prevent grantee
from avoiding the provisions of this section by
lease, contract or other arrangement.
The term gross revenues includes, but is not
limited to: revenues from pay, pay-per-view and
basic service subscriptions; revenues from the
provision of services, facilities or equipment to
subscribers; revenues from the sale of all adver-
tising; revenues for carriage of any service; reve-
2976
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APPENDIX B-FRANCHISES
Art. III, f VIII
.
nues received from home shopping services; and
any other compensation received, from any source
and regardless of form, cash and non-cash. Any
sales tax collected from subscribers on behalf of
any federal, state or local government or agency
shall not
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Supp. No. 11
2976.1
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APPENDIX B-FRANCHISES
be considered. part of grantee's gross revenues.
Grantee is not required to pay a franchise fee on
revenues recorded as received but which are in
fact "bad debt," except grantee must pay the fee
on all recoveries of bad debt. Revenues from ad-
vertising sold for transmission on more than one
system shall be allocated on a pro rata basis, (rev-
enues divided by number of basic subscribers ca-
pable of receiving the advertising on the systems
for which the advertising is sold) times (the
number of basic subscribers in the city).
8.2 Not in Lieu of Other Taxes. The franchise
fee payment is not a payment in lieu of any other
tax; fee or assessment. This paragraph is not in.
tended to waive any rights grantee may have to
claim that a particular tax, fee or assessment con-
stitutes a franchise fee for purposes of 47 U.S.C.
~542(g).
8.3 Payments Quarterly. Franchise fee payments
are due and payable quarterly: May 15 for the
first quarter, August 15 for the second quarter,
November 15 for the third quarter and February
15 for the fourth quarter of each calendar year.
Interest on late payments shall be paid at the
statutory rate then applicable on any late pay-
ments. Penalties may be imposed for materially
inaccurate reporting or underpayment to the city.
8.4 No kcord or Satisfaction. Acceptance of any
payment shall not operate as an accord or satis-
faction, or a waiver of any right under the fran-
chise or law, provided, however, that the city shall
commence any action on any payment within five
(5) years of the due date of the payment.
8.5 Reporting Forms. Each payment shall be
accompanied by a form reporting revenues and
subscriber levels by category. A copy of the form
which will be used initially is included as Attach-
ment A [incorporated herein by reference]. The
city may from time to time make such reasonable
amendments to the form as are required to ensure
that all gross revenues are reported clearly and
accurately.
8.6 Right to Audit. The city shall have the right
to audit the grantee's books on reasonable notice
to ensure compliance with this franchise fee sec-
tion.
Supp. No.9
Art. III, ~ IX
Section IX. Liability, indemnity and insur-
ance.
9.1 Indemnity. The grantee shall indemnify, de-
fend and save the city harmless from all loss or
damages sustained by the city on account of any
suit, judgment, execution, claim or demand (in-
cluding legal fees incurred) resulting from grant-
ee's installation, construction, operation or main-
tenance of its system. The duty to indemnify and
hold harmless shall include but not be limited to
a duty to indemnify against losses or damages
sustained as a result of grantee's acts or omis-
sions (1) arising out of grantee's use or attempt to
use public ways; and (2) arising out of any claim
for invasion of the right of privacy, libel, slander,
copyright violation, patent infringement or the
like. The indemnity is conditioned on the fol-
lowing: the city must notify grantee within thirty
(30) days after the presentation of any claim or
demand, either by suit or otherwise, made against
the city on account of any act or omission by
grantee. Nothing in this section prohibits the city
from participating in the defense of any litigation
by its own counsel at its own cost.
9.2 Insurance.
a. The grantee shall maintain the following
insurance for its own coverage and for use
in indemnification of the city:
1. A comprehensive general liability
policy in the minimum of $500,000 for
damage to any single property, and
$1,000,000 for damage aggregate per
single accident or occurrence'
$1,000,000 for bodily injury to any on~
person and $2,000,000 bodily injury ag-
gregate per single accident or occur.
rence; or in such other amounts as are
acceptable to the city and provide sub.
stantially equivalent coverage. The city
shall be designated as an additional in-
sured.
2. Automobile liability in the same
amounts.
3. Worker's Compensation and Employ-
er's liability insurance in the statutory
amounts required.
b. No later than sixty (60l days after the ef.
fective date of the franchise the grantee
2977
Art. III, !} IX
SALINA CODE
shall furnish the city certificates of insur-
ance, in a form satisfactory to the city,
showing that grantee has all the insurance
required by this section. Grantee shall pro-
vide new certificates upon renewal of any
policy or if the insurance carrier for any
policy changes. The insurance policies re-
quired herein shall contain an endorsement
stating that:
It is understood and agreed that this policy
may not be cancelled nor the amount of cov-
erage reduced until thirty (30) days after
receipt by the city clerk of the City of Sal-
ina, Kansas, by certified mail, of a written
notice of intent to cancel or reduce the cov-
erage.
c. The amounts and types of insurance re-
quired herein are subject to reconsidera-
tion at each four-year review period. The
city may request appropriate revisions.
Grantee may not unreasonably refuse to
comply. Any new certificate must be sub-
mitted within thirty (30) days of any agreed
revision.
d. The grantee's compliance with these insur-
ance requirements shall in no way waive or
limit its duty to indemnify and hold harm-
less.
9.3 No Limitation. The rights of the city and the
obligations of grantee under this franchise shall
not be diminished in any respect by recovery of
any amounts under this Section.
9.4 No Liability. The city shall not be liable to
grantee for any damages or loss which grantee
may suffer as the result of the city's lawful exer-
cise of the authority granted under this franchise.
Section X. Monitoring performance; exercise
of regulatory authority.
10.1 Inspection of Books and Records.
(a) The city may require grantee or any affil-
iate in control or possession of documents
to produce documents, including financial
documents the city deems necessary to en-
sure compliance with the grantee or any
affiliate obligations under this franchise,
Supp. No.9
at the City/County Building for inspection
and copying. The documents requested shall
be produced upon reasonable notice and no
later than thirty (30) days after the request
for production. If the books, records, maps
or plans or other requested documents are
too voluminous, or for security reasons
cannot be copied and moved, then Grantee
or its affiliate may request that the city
inspect them at some other location, pro-
vided that (1) the grantee or its affiliate
makes necessary arrangements for copying
documents selected by the city after re-
view; and (2) the grantee or its affiliate pays
all travel and additional copying expenses
incurred by the city in inspection of those
documents. The parties agree that any pay-
ments made by grantee or any affiliate here-
under are not a franchise fee and fall within
one of the exceptions thereto.
(b) Grantee has the right to obtain relief from
any court of competent jurisdiction on the
ground that the city has unreasonably de-
termined that information requested under
this Section is necessary to ensure compli-
ance with the franchise.
10.2 Inspection of Installations.
(a) Upon reasonable notice and during normal
business hours, the city shall have the right
to inspect grantee's facilities and equip-
ment and to perform tests as the city deems
necessary to ensure compliance with the
terms of the franchise.
(b) Grantee has the right to obtain relief from
any court of competent jurisdiction on the
ground that the city has unreasonably de-
termined that the inspection or tests to be
performed under this Section are necessary
to ensure compliance with the franchise.
10.3 Requests for Information. The grantee or
any affiliate in control or possession of informa-
tion respecting the grantee's cable system in
Salina shall respond to reasonable inquiries from
the city concerning the construction, operation,
installation or maintenance of that cable system;
plans for its expansion; or the grantee or affili-
ate's financial or legal status. The grantee or af-
2978
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APPENDIX B-FRANCHISES
filiate shall provide the information requested
within thirty (30) days of request. Requests for
extensions of time to respond shall not be unrea-
sonably denied.
10.4 Records Maintained. In addition to public
file records and maps, the grantee shall maintain
records of the following:
a. Records of outages, indicating date, dura-
tion, area and the estimated number of sub-
scribers affected, type of outage and cause
in a form reasonably required by the city.
b. Records of service calls for repair and main-
tenance, indicating date and time service
was requested, date of acknowledgement
and date and time service was scheduled (if
it was scheduled), the date and time service
was provided and (if different) the date and
time the problem was solved. Grantee's ser-
vice call log contains this information in a
form acceptable to the city.
c. Records of installation/reconnect ion and re-
quests for service extension, indicating date
of request, date of acknowledgement, and
date and time service was extended. Grant-
ee's work order contains this information
in a form acceptable to the city.
d. Records of complaints, indicating date com-
plaint received, nature of complaint and res-
olution of complaint, and date of resolu-
tion. Grantee's system complaint call report
and the reports provided in b. and c. above
contain this information in a form accept-
able to the city.
The records shall be kept at the grantee's local
office and shall be available for city review and
copying during normal business hours. The par-
ties shall cooperate to amend requirements under
this section so that the city has access to informa-
tion to evaluate grantee's compliance with the
franchise and so that grantee may amend its forms
as its services evolve.
10.5 Reports Prepared. The grantee shall pro-
vide the following reports:
a. A monthly report stating subscriber totals
for each category of service; the number of
subscribers added and the number discon-
Supp. No.9
Art. III, ~ X
necting. Grantee's monthly subscriber recap
contains this information in a form accept-
able to the city.
b. An annual report showing the number of
system extensions; and the amount of con-
tribution and number of contributing sub.
scribers and costs associated with any ex-
tension made under 4.9.b.2.ii in a form
reasonably required by the city.
c. A monthly summary showing the number
of service calls received by type; and the
percentage of service calls compared to the
subscriber base by type of complaint. Grant-
ee's monthly service call report contains this
information in a form acceptable to the city.
d. A summary of number of outages, number
of planned outages, number of outages
during prime viewing hours, and number
of outages by approximate duration in a
form reasonably required by the city.
e. Annually, a franchise fee report showing
revenues received, by category, in a form
reasonably required by the city; and
f. Annually, a list of officers and directors of
grantee and grantee's parent.
10.6 Documents to be Provided. Grantee shall
provide the following documents to the city in a
timely manner, so as to permit the city to protect
any interests it may have in any proceeding, and
in no event later than within thirty (30) days of
the date the documents are received or filed,
without regard to whether the documents are re-
ceived or filed by grantee or an affiliate.
a. Annual report, if any, of grantee, or each
affiliate of grantee which controls grantee
and issues an annual report;
b. Copyright filings reflecting the operation
of the Salina system;
c. FCC Forms 325 and 395 for the Salina
system, or their successor forms;
d. Any filing made at the FCC or any state or
federal agency regarding the Salina system;
its proof-of-performance tests; its RF signal
leakage tests; and
2979
Art. III, ~ X
SALINA CODE
e. Any notice of deficiency; forfeiture; or other
document issued by any state or,rederal
agency institutmg anyinvestigl!t4on or civil
or criminal proceeding; regarding the
Salina system, grantee, or any affiliate of
grantee, to the extent the same may di-
rectlyaffect or bear upon operations in Sal-
ina.
f. Any request for protection under bank-
ruptcy laws, or any judgment related to a
declaration of bankruptcy.
10.7 Testing. When, based on investigation or
subscriber complaint, the city has questions con-
cerning the reliability or technical quality of
system, the city may require grantee to perform
tests and prepare a report showing (1) the nature
of the complaint or problem which precipitated
the test; (2) the system component or area tested;
(3) the equipment and procedures used; (4) any
conclusions drawn from the tests; and (5) other
information pertinent to understanding tests. The
city may observe the tests. The city annually may
require the grantee to perform tests and prepare
reports regarding two (2) occurrences under this
Section 10.7, and grantee shall bear the costs of
performing the tests and preparing the reports
regarding those occurrences, whether or not the
tests show grantee's system meets the require-
ments of this franchise. If in any calendar year
the city requires grantee to perform more than
two (2) tests under this Section 10.7, the reason-
able costs associated with performing those tests
shall be borne as follows: at the grantee's expense
if the system performance is not in compliance
with the requirements of this franchise, and at
the city's expense if the system performance is in
compliance with the requirements of this fran-
chise.
10.8 No Limitation. Grantee's duty to prepare
reports, submit documents and conduct tests under
this Section 10 shall not limit grantee's duty to
permit the city to inspect documents, or grantee's
duty to respond to requests for other information
under other provisions of the franchise or appli-
cable law.
10.9 Confidentiality of Information. The grantee
shall mark any information which it produces to
the city which constitutes a business or trade se-
Supp. No.9
cret "confidential," and produee it to a person des-
ignated by the city for purposes of holding such
information. To the extent permitted under appli-
cable law, and except where to do so could be in-
consistent with its obligations under this fran-
chise and applicable law, information produced
by grantee which contains business or traoese-
crets shall be kept confidential. The city shall
promptly notify grantee if any person requests
access to the information under the Kansas Open
Records Act, or if the city determines that it will
be necessary to reveal the information in the dis-
charge of its obligations under the franchise and
applicable law, so that grantee may take appro-
priate steps as may be available to protect any
rights it may claim to have to prevent disclosure.
10.10 Four-Year Review.
a. During the years which commence on the
fourth, eighth and twelfth anniversaries of
the effective date of the franchise, the city
may commence a review of grantee's per-
formance under the franchise. As part of
this review, the city may consider: (1)
whether grantee has complied with its ob.
ligations under franchise and applicable
law; (2) whether customer service standards,
technical standards, bond or security fund
requirements are adequate or excessive; and
(3) other issues as may be raised by grantee,
the city or the public.
b. The city shall conduct public hearings to
provide grantee and the public the oppor-
tunity to comment on grantee's performance
and other issues considered as part of the
four-year review.
10.11 Five-year reviews: technological changes.
a. During each of the years which commence
on the fifth and tenth anniversaries of the
effective date of the franchise, the city may
commence a review to determine whether
grantEle has satisfied its obligation to re-
spond to community needs and interests by
incorporating technological advances into
its system through upgrades and rebuilds.
b. The city shall conduct public hearings to
provide grantee and the public the oppor-
tunity to comment on the issues which are
to be considered in this five-year review.
2980
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APPENDIX B-FRANCHISES
Art. III, ~ X
.
c. At any time after the commencement of
the five-year review, the city may require
the grantee to submit a proposal describ-
ing its plans including a timetable and
costs, to incorporate technological ad-
vances into its system through upgrades
or rebuilds. The city may set a deadline
for submission of the paper, which dead-
line shall provide the grantee no fewer
than ninety (90) days to prepare the pro-
posal from the date a written request for
the proposal is submitted to the grantee.
d. Following receipt of the proposal, the city
and the grantee shall negotiate in good
faith to develop a plan, including a time-
table, for an appropriate upgrade or re-
build of the system. If the parties are
unable to reach agreement within ninety
(90) days after receipt of the proposal the
city may commence an administrative pro-
ceeding in accordance with this section to
review the proposal.
e. The city shall provide prompt public no-
tice of the administrative proceeding to
consider whether the grantee's proposal
for upgrade or rebuild is reasonable to
meet future community-related needs and
interests, taking into account the cost of
meeting such needs and interests.
f. In any proceeding under paragraph (d),
the grantee shall be afforded adequate
notice and the grantee and city shall be
afforded fair opportunity for full partici-
pation, including the right to introduce
relevant evidence, to require the produc-
tion of evidence to compel the relevant
testimony of officials, agents, employees
or consultants of the other, to compel the
testimony of other persons as permitted
by law and to question witnesses. The
parties may introduce evidence regarding
system design and capacity in other com-
munities. A transcript shall be made of
any proceeding.
g. The city and grantee shall attempt to
select jointly a third party to conduct the
administrative hearing described above.
If the parties are unable to agree upon a
e
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Supp. No. 13
single hearing officer, each may select one
officer and the two officers so selected
shall select a third officer.
h. At the completion of a proceeding under
section (d), the administrative hearing
officer[s] shall issue a written decision,
adopting, rejecting or modifying the pro-
posal for rebuild or upgrade, and shall
transmit a copy of the decision to the city
and to the grantee. The governing body of
the city may then adopt, reject or modify
the decision of the hearing officer, and
shall issue a written statement setting
forth the reasons for its actions. Grantee
shall be bound by the city's decision, un-
less it appeals the decision within sixty
(60) days of the date it is issued, under
subsection (i).
L If the grantee is adversely affected by the
decision of the city, it may file an appro-
priate action in any court of competent
jurisdiction. For purposes of that action,
the parties stipulate that the record of the
administrative hearing and the decisions
of the administrative hearing officer(s)
and the city shall constitute the entire
factual record. Grantee shall be entitled
to such relief as the court deems appro-
priate (i) if the grantee demonstrates that
the action of the city was not supported by
a preponderance of the evidence, based on
the stipulated record or (ii) if the court
finds the city's actions were not in compli-
ance with the procedural requirements of
this section.
10.12 Five-year reviews: access equipment and
facilities.
a. This franchise, as originally adopted, pro-
vided that during each of the years which
commence on the fifth and tenth anniver-
saries of the effective date of the fran-
chise, the city may commence a review to
determine whether additional facilities or
equipment are appropriate to meet com-
munity needs and interests in public, ed-
ucational or governmental use of cable,
taking into consideration the cost of pro-
viding the same.
2981
Art. III, G X
SALINA CODE
b. Based upon the review commenced by the
city in 1997, the city has determined that
additional equipment is required for pub-
lic, educational or governmental use. In
order to provide the needed equipment,
grantee shall:
(1) Pay to the city the amount of$40,000
no later than June 1, 1999; and
(2) Pay to the city $0.15 per basic sub-
scriber per month commencing June
1, 1999 and continuing through May
31, 2003, which grantee may pass
through to basic subscribers either
in the same manner or included as a
part of the pass through for support
of PEG access as provided in section
5.4 of this franchise.
c. If following the review to be commenced
by the city in 2002, including public hear-
ings regarding what facilities or equip-
ment may be necessary to meet commu-
nity needs and interests, taking into
consideration the costs to subscribers of
such facilities or equipment, the city de-
termines that the need for additional fa-
cilities or equipment warrants the contin-
uation beyond May 31, 2003 of a charge to
be paid by grantee per basic subscriber
per month, the city shall notify grantee of
the charge(s), if any, that will apply for
the remainder of the term of this fran-
chise no later than sixty (60) days prior to
its effective date. The charge, if any, de-
termined by the city may vary from time
to time,. either as an amount specified by
the city in advance or based upon a rec-
ognized index identified by the city. Grantee
shall pay to the city the charge per basic
subscriber per month in the amount de-
termined by the city for the remainder of
the term of the franchise. Grantee may
pass the charge through to basic subscrib-
ers either in the same manner or included
as a part of the pass through for support
of PEG access as provided in section 5.4 of
this franchise.
10.13 Grantee Cooperation. The grantee shall
cooperate in the four and five-year reviews, in-
cluding by submitting reports on the state of cable
technology.
Supp. No. 13
10.14 Exercise of Authority. The city may exer-
cise appropriate regulatory authority under the
provisions of this franchise and applicable law, as
amended from time to time.
10.15 Obligation to Release. The grantee shall
take all steps required, if any, to ensure that it is
able to provide the city all information which
must be provided or may be required under this
franchise, including by providing appropriate sub-
scriber privacy notices. Nothing in this section
shall be read to require grantee to violate 47
U.S.C. ~551.
(Ord. No. 99-9914, ~ 1, 3-15-99)
Section XI. Performance guaranties; reme-
dies; termination.
11.1 Performance Bond.
a. During the period beginning on the effec-
tive date of franchise, grantee shall main-
tain a performance bond, or other surety
acceptable to the city, in a form acceptable
to the city, in the amount of $350,000 to
ensure faithful performance of the system
construction requirements.
b. The bond or other surety shall be released
within twelve (12) months after grantee
provides written notice to city that the
system construction has been completed
in accordance with the franchise.
c. The city may re-establish performance
bond requirements in the event any fu-
ture system rebuild or upgrade is re-
quired, in any amount not to exceed ten
percent (10%) of the estimated cost of the
proposed rebuild or upgrade.
11.2 Security Fund.
a. During the term of franchise, grantee
shall deposit with the city a security fund
in the amount of $75,000, which shall be
provided in cash or in the form of an
irrevocable letter of credit or other instru-
ment in a form acceptable to the city. The
instrument shall give the city the uncon-
ditional right to draw on security fund as
it deems necessary to ensure the compli-
ance with each and every provision of the
2982
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APPENDIX B-FRANCHISES
Art. III, ~ XI
.
franchise, including provisions with re-
spect to indemnities, damages, losses and
penalties, provided that at least thirty
(30) days prior to drawing on the fund, the
city notifies the grantee of the reason it
intends to draw on the fund, so that
grantee may take steps to cure any non-
compliance.
b. The grantee shall replenish the security
fund within thirty (30) days of the date
the city mails the grantee written notice
stating (a) that money has been with-
drawn from the fund; (b) the amount of
the withdrawal; and (c) the reason for the
withdrawal.
c. The security fund amount may be ad-
justed throughout the term of the fran-
chise by the city by resolution to take into
account increases in the consumer price
index.
11.3 Liquidated Damages. Because grantee's
failure to comply with provisions of this franchise
will result in injury to the city, and because it will
be difficult to estimate the extent of such injury,
the city and grantee hereby agree to the following
liquidated damages, which represent both par-
ties' best estimate of the damages resulting from
the specified injury. Damage amounts may be
adjusted throughout term of franchise by the city
by resolution to take into account increases in the
consumer price index.
a. For failure to complete construction or
extend service in accordance with the
franchise: $750/day for each day the vio-
lation continues;
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Supp. No. 13
2982.1
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APPENDIX B-FRANCHISES
Art. III, ~ XI
b. For failure to comply with material require-
ments for public, educational and govern-
ment use of system: $250/day for each day
the violation continues;
c. For repeated, willful or continuing failure
to submit reports, maintain records, pro-
vide documents or information: $100/day for
each day the violation continues;
d. For violation of customer service standards,
except for those set forth below, $150 per
violation per day;
e. For repeated, willful or continuing viola-
tion of Sections 2, 3 and 9 of the customer
service standards, $200 per violation.
f. For failure to comply with transfer provi-
sions: $500/day from the date of any un-
lawful transfer; and
g. For all other material violations including
an unreasonable claim that a document con-
tains a trade secret or confidential informa-
tion when the document does not contain a
trade secret or confidential information:
$250/day for each day violation continues.
11.4 Termination. The franchise shall termi-
nate on the expiration date hereof, and at the city's
option may be terminated, subject to the provi-
sions of Section 11.5 for the following reasons:
a. If grantee's charter or other authorization
to conduct business in Kansas is revoked,
or any other license which grantee requires
to conduct business in Salina is revoked.
b. If grantee is adjudged bankrupt;
c. For a substantial violation of any material
provision of the franchise, or any material
rule, order or regulation or other determi-
nation of the city made pursuant to the fran-
chise;
d. For any attempt to evade any material pro-
vision of the franchise or to practice any
fraud or deceit upon cable system sub-
scribers or the city;
e. For failure to complete system construction
on schedule; or for failure to obtain neces-
sary licenses or authorizations for construc-
tion or operation prior to the scheduled
Supp. No.9
dates, respectively, for commencing con-
struction or commencing service to sub-
scribers;
f. If the system is abandoned; or
g. For fraudulent or negligent misrepresenta-
tion of fact in obtaining the franchise, ob-
taining any rate change, or in obtaining or
objecting to any amendment of the fran-
chise.
11.5 Procedures for Termination and Forfeiture.
a. The city shall notify grantee of the alleged
violation which may warrant termination,
which notice shall (1) describe the specific
alleged violation; (2) direct grantee to cor-
rect or to show cause why alleged violation
should not be corrected; and (3) state the
time for response which shall be no less
than thirty (30) days from the date grantee
is sent notice.
b. Within the time designated, grantee must
(1) cure the violation or (in the event the
violation cannot be completely cured within
the time period specified) take reasonable
steps to begin to cure, and submit a written
response to city, identifying the specific
steps taken; or (2) contest the assertion of
noncompliance, describing all facts rele-
vant to claim, supported by affidavits and
documents. No further opportunity to cure
is required before the city exercises its
rights under the franchise. Grantee's duty
to cure includes a duty to pay any liqui-
dated damages owed to the city from the
date of the initial violation.
c. If grantee contests the city's assertion of
noncompliance, or fails to completely cure
the default, the city shall schedule a hearing
to review the default. The city shall cause
to be served upon such grantee at least
seven (7) days prior to the date of such
hearing, a written notice of the city's in-
tent to review; the potential remedies
sought; and the time and place of the
meeting, notice of which shall be published
at least once, no later than seven (7) days
before such meeting in a newspaper of gen-
eral circulation within the city. The city
2983
Art. III, !i XI
SALINA CODE
shall hear any person interested therein,
and shall specifically provide grantee an
opportunity to be heard, and shall deter-
mine whether or not any failure, refusal or
neglect by the grantee was with just cause.
d. If the city shall determine such failure, re-
fusal, or neglect by the grantee was without
just cause, then the city may take any ac-
tions it is permitted to take under this fran-
chise or applicable law. Such actions may
be taken immediately upon completion of
the hearing contemplated by this section or
at such time or after such additional pro-
ceedings as the city may specify.
e. Except where precluded by court order,
pending litigation or any appeal to any reg-
ulatory body or court having jurisdiction
over the grantee shall not excuse the
grantee from the performance of its obliga-
tions under this ordinance or the franchise.
f. For purposes of this section, and subject to
force majeure, the system shall be deemed
abandoned if, during any period this fran-
chise is in effect, grantee fails to provide
services over the system for ninety-six (96)
consecutive hours without the prior con-
sent of the city.
11.6 Remedies Cumulative. Remedies provided
herein are cumulative and in addition to other
. rights the city may have at law or equity or under
the franchise, which it may exercise at any time.
11.7 Sale of System on Termination. Without
limiting any rights of the city under other provi-
sions of federal, state or local law:
a. If renewal of the franchise is denied, the
city shall have an option to acquire owner-
ship of the system or require grantee to
transfer ownership to another person. Any
such acquisition or transfer shall be at fair
market value, determined on the basis of
the cable system valued as a going concern
but with no value allocated to the franchise
itself.
b. If the franchise is revoked for cause the city
shall have an option to acquire ownership
of the cable system or require grantee to
Supp. No.9
transfer ownership to another person. Any
such acquisition or transfer shall be at an
equitable price, as that term is used in 47
U.S.C. ~547(b).
11.8 Notification of Option. The city shall notify
the grantee of its intent to exercise its option to
buy upon termination for cause within six (6)
months of the final determination of the validity
of the city's decision to terminate. The city and
grantee shall enter into good faith negotiations
promptly to establish price in accordance with sec-
tion 11. 7 and terms and conditions which reflect
usual industry practices.
Section XII. Transfer.
12.1 No Transfer Without Consent. The fran-
chise may not be assigned or transferred, in whole
or part, or leased or sublet, mortgaged or pledged
in trust by any means without the city's prior
consent. A change of control or ownership of
grantee shall be considered a transfer of the fran-
chise. The term "control" includes actual working
control in whatever manner exercised, and shall
be deemed to have occurred upon acquisition or
accumulation by any person of ten percent (10%)
of the shares or interests in grantee or any entity
which directly owns or controls grantee. Grantee
and the proposed transferee must cooperate in the
city's investigation of the transfer and each is re-
quired to provide pertinent documents and re-
spond to reasonable requests for information. In
reviewing a transfer request, the city may ex-
amine the financial, technical and legal qualifi-
cations of the transferee; whether the transferee
agrees to accept and be bound by each and every
term of the franchise; whether the transferee
agrees to accept to be bound by related amend-
ments, ordinances and resolutions then lawfully
in effect, whether the transferee agrees to assume
all liability and responsibility for acts or omis-
sions of grantee, known and unknown; whether
the transferee agrees that the transfer will not
allow it to exercise any rights which could not
have been exercised by the transferor, had it con.
tinued to hold the franchise; and any other matter
which the city is legally entitled or required to
consider. The city may grant, deny or establish
conditions on transfer, as appropriate hereunder
to protect its interests in the franchise and the
2984
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APPENDIX B-FRANCHISES
Art. III, ~ XIII
public interest but may not withhold its consent
to a transfer unreasonably.
12.2 Securing Debt. Notwithstanding the fore-
going, pledges in trust or mortgages of the assets
of the system to secure an indebtedness may be
made without the city's prior consent; except that
no such arrangements may be made which would
in any respect under any condition prevent grantee
or any successor from complying with all its obli-
gations under the franchise, nor may any such
arrangement permit a third party to succeed to
the interest of grantee without the prior consent
of the city.
12.3 Certain Transfers to Affiliates. Notwith-
standing the foregoing, the city recognizes that
grantee is indirectly owned by TCI Central, Inc.
("TCI Central"), which in turn owns or controls
directly a number of other cable companies. In
order to facilitate reorganization of TCI Central
companies, as deemed appropriate, the city agrees
that prior consent shall not be required for any
transfer to any company owned or controlled or
under common control and with the same direct
parent as TCI Central, i.e., TCI Holdings, Inc.,
and which is intended after such transfer to re-
main under the ownership or control of TCI Cen-
tral or an entity under common control or with
the same direct parent as TCI Central, provided
that, no such transfer shall be valid unless and
until grantee and transferee submit a binding
agreement and warranty to the city, stating that:
(a) the transferee has read, accepts and agrees to
be bound by each and every term of the franchise
and related amendments, regulations, ordinances
and resolutions then in effect; (b) the transferee
assumes all liabilities and responsibility under
the franchise, and related amendments, regula-
tions, ordinances and resolutions then lawfully in
effect for the acts and omissions of grantee known
and unknown, and agrees that the transfer shall
not permit it to take any position or exercise any
right which could not have been exercised by
grantee; (c) the transfer will not substantially in.
crease the financial burdens upon or substan-
tially diminish the financial resources available
to the system operator, comparing the grantee to
the transferee in a manner which materially may
affect the Salina system; grantee and transferee
shall also describe the nature of the transfer, and
Supp. No.9
submit complete information regarding the effect
of the transfer on the direct and indirect owner-
ship and control of the system operator.
12.4 Prior To Construction. No transfer shall be
granted prior to substantial completion of the
system construction required under this franchise.
12.5 Effect of Unlawful Transfer. Notwith-
standing Sections 11.4 and 11.5 every transfer,
assignment or change of control made in violation
of this section shall make the franchise subject to
cancellation.
12.6 Timetable for Consideration. Any request
for a transfer shall be deemed granted unless the
city acts upon the request within one hundred
twenty (120) days of the date the transferee sub-
mits a request for approval of the transfer and
transferee and transferor have submitted the in-
formation which they may be required to submit
in connection with the transfer. The timetable may
be extended with the consent of the city and ei-
ther the grantee or transferee.
12.7 Transfer Fees. Any person who desires the
city to consider an application for transfer or as-
signment of the franchise to it shall compensate
the city for all costs (including reasonable con-
sultant and attorneys fees) associated with con.
sidering the application for transfer or assign-
ment.
Section XIII. Representations and warran-
ties.
13.1 Valid Corporate Form. Grantee represents
and warrants it is a corporation duly authorized
to conduct business in Kansas and to enter into
this franchise.
13.2 No Outstanding Forfeitures. Grantee rep-
resents and warrants that to the best of its knowl-
edge there are no forfeitures or notices of investi-
gations pending against it at state and federal
levels relating to the operation of the Salina
system and that grantee is, to the best of its knowl-
edge, in compliance with all applicable state and
federal laws governing operation of the Salina
cable system.
13.3 Familiarity with Franchise. Grantee and
the city represent and warrant that they have
2985
Art. III, Ii XIII
SALINA CODE
read and understand all provisions of this fran-
chise.
13.4 Ability to Perform. Grantee represents that
it has the financial, legal and technical ability to
comply with all its obligations under the fran-
chise.
Section XIV. Miscellaneous.
14.1 Time of Essence, Maintenance of Records of
Essence. In determining whether grantee has sub-
stantially complied with franchise, the parties
agree that time is of essence to the agreement. As
a result, grantee's failure to complete construc-
tion, extend service, seek approval of transfers or
provide information in a timely manner may con-
stitute substantial breaches. The maintenance of
records and provision of reports in accordance with
the franchise is also of essence to the agreement.
14.2 No Waiver. No failure of city or grantee to
exercise and no delay in exercising any right shall
operate as a waiver of city's or grantee's rights
hereunder, nor shall single or partial exercise of
any right preclude any other right. A waiver of
any right or remedy at one time shall not affect
exercise of that right or remedy at any other time,
or limit grantee's duty to comply with the fran-
chise at any other time. For a waiver by either
party to be effective, it must be in writing. The
failure of city to take any action in the event of a
material breach shall not constitute a waiver of
rights, or affect the right of the city to enforce the
franchise with respect to that breach or any other
breach.
14.3 Effect of Preemption; Federal and State Law.
Grantee must comply with all applicable provi-
sions offederal and state law, except to the extent
those provisions are superseded by a provision of
this franchise. If the city's ability to enforce any
franchise provision is finally and conclusively pre-
empted, then the provision shall be deemed pre-
empted but only to the extent and for the period
the preemption is required by law. If, as a result
of a change in law or otherwise, the provision
would again be enforceable, it shall be enforce-
able and grantee will comply with all obligations
thereunder without the requirement of any action
by city.
Supp. No.9
14.4 Severability. If any section, subsection, sen-
tence, clause or phrase of this franchise is for any
reason held illegal, invalid or unconstitutional by
the decision of any court of competent jurisdic-
tion, or by any state or federal regulatory au-
thority having jurisdiction thereof, such decision
shall not affect the validity of the remaining por-
tions hereof; provided that if a court of competent
jurisdiction declares, or any state or federal reg-
ulatory authority having jurisdiction declares that
Section 10.12 is illegal, invalid, or unconstitu-
tional, or may otherwise not be enforced according
to its terms, the city at its option may shorten the
franchise term to a period no shorter than ten (10)
years from the effective date of this franchise, and
in any event no shorter than thirty-six (36) months
from the date the city exercises its option.
14.5 Interpretation. Any dispute regarding the
interpretation of the franchise terms is to be re-
solved in a manner most favorable to the public
interest.
14.6 Acts of God. Grantee shall not be deemed
in default or noncompliance with provisions of this
franchise where performance was rendered impos.
sible by war or riots, civil disturbance, hurri-
canes, floods or other natural catastrophes or sim-
ilar events beyond grantee's control, and the
franchise shall not be revoked or grantee penal.
ized for such noncompliance, provided the grantee
takes immediate. and diligent steps to bring itself
back into compliance and to comply as soon as
possible with the franchise under the circum-
stances without endangering the health; safety
and integrity of grantee's employees or property,
or the health, safety and integrity of the public, or
public or private property.
14.7 Notice. Notice shall be provided by mail, to
persons designated by the grantee and the city.
14.8 Descriptive Headings. The headings set
forth herein are descriptive only.
14.9 Kansas Law Applies. Kansas law shall
govern the interpretation of this franchise.
14.10 Compliance with Applicable Laws. Ex-
cept as otherwise provided in this franchise, the
grantee and the city shall comply with applicable
federal and state laws.
2986
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APPENDIX B-FRANCHISES
Art. IV, U
.
Section ~ Repealer.
That Ordinance Number 8544 is hereby re-
pealed.
Section XVI. Effective date.
That this ordinance shall be in full force and
effect from and after its adoption and publication
once in the official city newspaper.
Introduced: January 6, 1992
Second Reading: January 13, 1992
Third Reading: January 27, 1992
ARTICLE IV: SOUTHWESTERN BELL
TELEPHONE COMPANY.
e
ORDINANCE NUMBER 98-9894
AN ORDINANCE GRANTING TO SOUTH-
WESTERN BELL TELEPHONE COMPANY, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE
AND THE RIGHT TO CONSTRUCT, OPERATE,
MAINTAIN AND EXTEND A TELECOMMUNI-
CATIONS SYSTEM IN THE CITY OF SALINA,
KANSAS, PRESCRIBING THE TERMS OF SAID
GRANT AND MATTERS RELATING THERETO;
AND REPEALING ORDINANCE NUMBER 88-
9278 AND ALL OTHER ORDINANCES AND
RESOLUTIONS AND PARTS THEREOF INCON-
SISTENT OR IN CONFLICT WITH THE TERMS
HEREOF.
Be it Ordained by the Governing Body of the
City of Salina, Kansas:
.
Section 1. Definitions.
For purposes of this ordinance, the following
words and phrases shall have meanings given
herein:
(a) "Access lines" shall mean the following
billed main lines and trunks, whether provided on
a retail or wholesale basis: residential lines; busi-
e
.Editor's Dot&-Ord. No. 98-9894, adopted Oct. 26, 1998,
repealed former App. B, Art. IV, ~~ 1-14, relative to the
Southwestern Bell Telephone Company, and reenacted ~~
1-17 to read as herein set out. The provisions of former ~~
1-14 derived Ord. No. 88-9278, adopted Sept. 26, 1988.
Supp. No. 14
ness lines; ISDN lines (channels); PBX trunks;
Centrex or Centrex-like stations; simulated ex-
change access lines provided by a central office
based switching arrangement where all stations
served by such simulated exchange access lines
are used by a single customer of the provider of
such arrangement; where stations are served by
simulated exchange access lines provided by a
central office based switching arrangement and
the station served are not used by a single cus-
tomer of the provider of such arrangement, each
station shall constitute an access line; and pay
phone lines. "Access line" shall include wireless
telecommunication services subject to 47 C.F.R.
Part 24. "Access line" shall not include the follow-
ing: wireless telecommunication services subject
to 47 C.F.R. Part 22; unbundled loop facilities;
and special access services.
(b) "City" shall mean the City of Salina, Kan-
sas.
(c) "Cable service" means (A) the one way
transmission to subscribers of (i) video program-
ming, or (ii) other programming service, and (B)
subscriber interaction, if any, which is required
for the selection or use of such video programming
or other programming service.
(d) "Facilities" shall mean telephone and tele-
communication lines, conduits, fiber optic cables,
wires, cables, pipes, poles, towers, vaults, and
appliances, either under or above ground.
(e) "Public improvement" shall mean anyex-
isting or contemplated public facility, building, or
capital improvement project, including without
limitation streets, alleys, sidewalks, sewer, water,
drainage, rights-of-way improvement, and public
projects.
(0 "Public project" shall mean any project
planned or undertaken by the city or any govern-
mental entity for construction, reconstruction,
maintenance or repair of public facilities or im-
provements or any other purpose of a public
nature.
(g) "Rights-of-way" shall mean present and
future streets, alleys, rights-of-way, and public
easements, including easements dedicated in plats
of the City of Salina, Kansas.
2987
Art. Iv, U
SALINA CODE
(h) "Street rights-of-way" shall mean the en-
tire width between property lines of land, prop-
erty or an interest therein of every way publicly
maintained where any part thereof is open to the
use of the public for purposes of vehicular traffic,
including street, avenue, boulevard, highway, ex-
pressway, alley or any other public way for vehic-
ular travel by whatever name.
(i) "Telecommunications." The transmission, be-
tween or among points specified by the user, of
information of the user's choosing, without change
in the form or content of the information as sent
and received.
(j) "Telecommunications service." The offering
of telecommunications for a fee directly to the
public, or to such classes of users as to be effec-
tively available directly to the public, regardless
of the facilities used.
(k) "Telephone company" shall mean South-
western Bell Telephone Company, its successors
and assigns.
Section 2. Grant.
(a) There is hereby granted to the telephone
company the right, privilege and franchise to
construct, maintain, extend and operate its facil-
ities, in, through and along the rights-of-way for
the purpose of supplying telecommunications ser-
vices to the city and the inhabitants thereof for
the full term of this franchise; subject, however, to
the terms and conditions herein set forth. Noth-
ing in this franchise is intended to preclude the
city from seeking, or authorize the city to seek, a
franchise from any subsidiary, affiliate, or third
party providing telecommunications services.
(b) This franchise does not provide the tele-
phone company the right to provide cable service
to the city and inhabitants thereof. Nothing in
this franchise is intended to preclude the city
from seeking, or authorize the city to seek, a
franchise from any subsidiary, affiliate, or third
party providing cable services. The telephone
company and the city agree that nothing in this
franchise is intended to authorize the city to seek
from the telephone company nor to require the
telephone company to obtain a franchise to offer
"Open Video Systems" as that term is used in
Supp. No. 14
Section 653 of the Telecommunications Act of
1996 (codified at 47 U.S.C. 573). The telephone
company and the city further agree, however, that
this ordinance does not authorize the telephone
company to offer "Open Video Systems" without
paying the fee on the gross revenues of the system
operator for the provision of cable service in lieu
of a franchise fee, pursuant to and in the manner
described in 47 U.S.C. 573(c)(2)(b) and without
complying with FCC regulations promulgated pur-
suant to 47 U.S.C 573.
(c) Upon written request from the telephone
company, the city agrees to begin negotiations in
good faith with the telephone company within
thirty (30) days to provide the telephone company
a franchise to provide cable service to the city and
inhabitants thereof on terms no more burden-
some than the franchisees) granted to other pro-
viders of cable service with the city.
Section 3. Use of rights-of-way.
In the use of rights-of-way under this fran-
chise, the telephone company shall be subject to
all rules, regulations, policies, resolutions and
ordinances now or hereafter adopted or promul-
gated by the city in the reasonable exercise of its
police power. In addition, the telephone company
shall be subject to all roles, regulations, policies,
resolutions, and ordinances now or hereafter
adopted or promulgated by the city relating to
permits and fees, sidewalk and pavement cuts,
utility location, construction coordination, beauti-
fication, and other requirements on the use of
rights-of-way and shall comply with the following:
(a) The telephone company's use of rights- of-
way shall in all matters be subordinate to
the city's use of rights-of-way for any
public purpose. The telephone company
shall coordinate placement of its facilities
in a manner which minimizes adverse
impact on public improvements, as rea-
sonably determined by the city. Where
placement is not otherwise regulated, fa-
cilities shall be placed with adequate clear-
ance from such public improvements so as
not to impact or be impacted by such
public improvements.
2988
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Supp. No. 14
APPENDIX B-FRANCHISES
Art. IV, ~ 3
(b)
All earth, materials, sidewalks, paving,
crossings, utilities, public improvements,
or improvements of any kind injured or
removed by the telephone company in its
activities under this franchise, shall be
fully repaired or restored promptly by the
telephone company at its sole expense
and to the reasonable satisfaction of the
city or owner thereof.
All facilities constructed, replaced, or re-
located in the right-of-way after the date
hereof shall be placed underground un-
less otherwise agreed to by the city. Where
there are obstructions in the right-of-way
such as trees, shrubs, other utilities, com-
mercial signs, manmade structures, or
other like obstructions which make the
cost of such underground burial unreason-
able, the telephone company may request
waiver of this requirement, in which event
the city will not unreasonably withhold
consent. Any vaults, boxes, pedestals, and
similar facilities placed above ground in
street right-of-way shall be located be-
hind the sidewalk where feasible. Under-
ground facilities shall be placed in appro-
priate size and type of rigid conduit under
paving and under areas proposed to be
paved, except where otherwise agreed by
the city and the telephone company. Where
reasonable and appropriate and where
adequate public right-of-way exists, the
telephone company will place aboveground
facilities underground in conjunction with
the city capital improvement projects
and/or at specific locations requested by
the city provided that such placement is
practical, efficient, and economically fea-
sible. By way of illustration and not lim-
itation, the telephone company may estab-
lish that such placement is not economically
feasible by showing that the present value
of the future maintenance savings of such
placement does not exceed all of the costs
associated with such placement.
The telephone company shall keep and
maintain accurate records and as-built
drawings depicting accurate horizontal and
vertical location of all facilities constructed,
reconstructed, or relocated in the street
right-of-way after the date hereof and
provide location information regarding spe-
cific future project locations to the city
upon request. Where such information is
available electronically, upon request from
the city, the telephone company agrees to
provide such information in an electronic
format. The city agrees to use the infor-
mation only to locate utility facilities in
connection with municipal projects and
further agrees not to disclose such infor-
mation to anyone other than city employ-
ees requiring such information to locate
utility facilities in connection with munic-
ipal projects except as required by law.
The telephone company and city agree
that such information is confidential and
proprietary and agree that such informa-
tion shall remain the sole property of the
telephone company and agree that, pur-
suant to K.S.A. 45-221(12), (18), as
amended, such information does not con-
stitute public records subject to K.S.A.
45-218, as amended. In the event that the
city is required by law to disclose such
information, the city shall provide the
telephone company seven (7) days ad-
vance notice of its intended disclosure of
such information and shall take such ac-
tion as may be reasonably required to
cooperate with the telephone company to
safeguard such information. The tele-
phone company agrees to indemnify and
hold the city harmless from any and all
penalties or costs, including attorney's
fees, arising from the actions of the tele-
phone company, or of the city at the writ-
ten request of the telephone company, in
seeking to safeguard the confidentiality of
information provided by the telephone
company to the city under this section. In
the event such information is required by
force of law to be publicly disclosed, the
telephone company shall have no further
obligation under this section to provide
the city with such information. Such fa-
cilities shall be horizontally and vertically
located at least every one hundred (100)
feet and at any other alignment change.
(c)
(d)
2989
Art. Iv, ~ 3
SALINA CODE
All points offacilities shall be horizontally
located from street centerline, or section
or quarter section lines or corners. Verti-
callocations or all points of facilities shall
consist of elevations in either city datum
or United States Geological Survey Da-
tum.
(e) All work performed in the traveled way or
which in any way impacts vehicular or
pedestrian traffic shall be properly signed,
barricaded, and otherwise protected. Such
signing shall be in conformance with the
latest edition of the Federal Highway
Administration's Standards and Guide-
lines for Work Zone Traffic Control, un-
less otherwise agreed to by the city.
(f) The telephone company shall notify the
city not less than three (3) working days
in advance of any construction, reconstruc-
tion, repair, or relocation of facilities which
should require any street closure which
reduces traffic flow to less than two (2)
lanes of moving traffic. Except in the
event of an emergency, as reasonably de-
termined by the telephone company, no
such closure shall take place without prior
authorization from the city. In the event
of such an emergency, the telephone com-
pany will give the city as much advance
notice as is practicable, and shall in all
cases immediately notify the Salina Po-
lice Department at any time.
(g) The telephone company shall cooperate
promptly and fully with the city and take
all reasonable measures necessary to pro-
vide accurate and complete information
regarding the nature and horizontal and
vertical location of its facilities located
within rights-of-way when requested by
the city or its authorized agents for a
public project. Such location and identifi-
cation shall be at the sole expense of the
telephone company without expense to
the city, its employees, agents, or autho-
rized contractors. The telephone company
shall designate and maintain a local agent,
familiar with the facilities, who is respon-
Supp. No. 14
2990
sible for satisfying information needs of
the city and other users of the rights-of-
way.
(h) The telephone company shall promptly
remove, relocate, or adjust any facilities
located in rights-of-way, if reasonably nec-
essary and directed by the city, for any
publicly-funded improvement or project.
Such removal, relocation, or adjustment
for a particular public project shall be
performed by the telephone company once
at its sole expense without expense to the
city, its employees, agents, or authorized
contractors and shall be specifically sub-
ject to rules and regulations of the city
pertaining to such. If additional removal,
relocation, or adjustment is the result of
the inaccurate or mistaken information of
the telephone company, the telephone com-
pany shall be responsible for such at its
sole expense.
(i) It shall be the responsibility of the tele-
phone company to take adequate mea-
sures to protect and defend its facilities in
the rights-of-way from harm or damage. If
the telephone company fails to accurately
or timely locate facilities when requested,
it has no claim for costs or damages against
the city and its authorized contractors
unless such party is solely responsible for
the harm or damage by its negligence or
intentional conduct. The telephone com-
pany shall be responsible to the city and
its agents, representatives, and autho-
rized contractors for all damages includ-
ing, but not limited to, delay damages,
repair costs, down time, construction de-
lays, penalties or other expenses of any
kind arising out of the failure of the
telephone company to perform any of its
obligations under this agreement unless
the damaged party is solely responsible
for the harm or damage by its negligence
or intentionally caused harm. However,
the city and its authorized contractors
shall be responsible to take reasonable
precautionary measures including calling
for utility locations and observing marker
posts when working near telephone com-
pany facilities.
APPENDIX B-FRANCHISES
Art. IV, ~ 5
e
.
(j) The telephone company, on the request of
any applicant, shall remove or raise or
lower its wires temporarily to permit the
moving of houses or other structures. The
expense of such temporary removal, rais-
ing or lowering of wires shall be paid by
the party or parties requesting the same,
and the telephone company may require
such paYment in advance. The telephone
company shall be given not less than
fIfteen (15) days' written notice from the
applicant detailing the time and location
of the moving operations, and not less
than twenty-four (24) hours' advance no-
tice from the applicant advising of the
actual operation. The city shall not be
liable for any such expense or notice re-
quirement for the moving of houses or
structures by the city or its contractors.
(k) Permission is hereby granted to the tele-
phone company to trim trees upon and
overhanging streets, alleys, sidewalks and
public places of said city so as to prevent
the branches of such trees from coming in
contact with the wires and cables of the
telephone company, all of said trimming
to be done under the supervision and
direction of any city officials to whom said
duties have been or may be designated in
accordance with Salina City Code. All tree
trimming shall be performed in compli-
ance with chapter 39 of the Salina Code.
m All technical standards governing construc-
tion, reconstruction, installation, opera-
tion, testing, use, maintenance, and dis-
mantling of the facilities in the rights-of-
way shall be in accordance with applicable
present and future federal, state, and city
laws and regulations, including but not
limited to the most recent editions of the
National Electrical Code, the National
Electrical Safety Code, and the Fiber Op-
tic Cable Installation Standard of the
Telecommunications Industry Commit-
tee, or such substantive equivalents as
may hereafter be adopted or promulgated.
It is understood that the standards estab-
lished in this paragraph are minimum
standards and the requirements estab-
e
.
e
Supp. No. 14
lished or referenced in this ordinance may
be additional to or stricter than such
minimum standards.
(m) The city encourages the conservation of
right-of-way by the sharing of space by all
utilities. To the extent required by federal
or state law, the telephone company shall
permit any other franchised entity by
appropriate contract or agreement nego-
tiated by the parties to use any and all
facilities constructed or erected by the
telephone company. All said agreements
and installations shall be subject to all
existing and future ordinances and regu-
lations of the city.
Section 4. Indemnity and hold harmless.
The telephone company shall hold and save the
city, its officers, employees, agents, and autho-
rized contractors, harmless from and against all
claims, damages, expense, liability and costs in-
cluding attorney fees, to the extent occasioned in
any manner by the telephone company's occu-
pancy of rights-of-way, except to the extent other-
wise specifIed in section 3(i). In the event a claim
shall be made or an action shall be instituted
against the city growing out of such occupancy of
the right-of-way by facilities of the telephone
company, then upon notice by the city to the
telephone company, the telephone company will
assume liability for the defense of such actions at
the cost of the telephone company, subject to the
option of the city to appear and defend, at its own
cost, any such case.
Section 5. Payments and charges.
The paYments herein provided shall be in lieu
of all other licenses, taxes, charges, fees or impo-
sitions, except that the usual general property
taxes and special ad valorem property taxes, and
any charges for pavement cuts or other charges
based on restoring premises to their same condi-
tion, or charges made for privileges which are not
in any way connected with telephone business as
such, will be imposed on the telephone company,
and are not covered by the paYments herein. The
telephone company shall have the privilege of
crediting such sums payable hereunder with any
2991
Art. IV, ~ 5
SALINA CODE
unpaid balance due said telephone company for
telephone service rendered or facilities furnished
to said city; provided, that said balance due is
liquidated and uncontested.
Section 6. Compensation to city.
(a) In consideration of the franchise granted to
the telephone company by the city, the telephone
company agrees to pay to the city during the term
of this ordinance, a sum of one dollar five cents
($1.05) per month for each access line served by
the telephone company for local service within the
city limits of the city. During any extended term of
this ordinance (see section 10) the sum to be paid
by the telephone company per month for each
access line served by the telephone company for
local service within the city limits of the city shall
increase each calendar year by two (2) percent
over the sum applicable during the prior calendar
year. Compensation required by this franchise
shall be paid on a monthly basis and shall become
due and payable forty-five (45) days after the end
of the month. The number of access lines as of
month end shall be used to calculate payments to
the city for the following month.
(b) If during the term of this ordinance any
entity provides local service in the city and pro-
vides compensation to the city at an amount less
than the telephone company is required to pay
under section 6(a) per month for each access line
within the city or provides no compensation to the
city for each such access line, this ordinance shall
require compensation no greater than such
amounts, if any, during such time remaining of
the term of this ordinance that the lesser compen-
sation, if any, is paid by such other entity.
(c) The parties agree that if federal law or
state law is enacted setting forth a maximum
allowable level of compensation for franchise rights
and if such maximum allowable level is less than
the level of compensation required by this ordi-
nance, this ordinance shall require the telephone
company to pay the reduced level required by law
the remainder of the term of this ordinance.
(d) If during the term of this ordinance, the
telephone company believes that it is entitled to
reduction in compensation pursuant to subsec-
tions (b) and (c) above, the telephone company
Supp. No. 14
agrees to notify the city in writing and agrees that
it will continue to pay the city the monthly rate
set forth in section 6(a) for each access line served
by the telephone company for local service within
the city limits of the city until sixty (60) days
following such notice to the city.
(e) The telephone company shall correctly code
all customers that are located within the corpo-
rate limits of the city, provided that the city shall
give the telephone company notice of boundary
changes as provided below. Coding shall be up-
dated to reflect annexation and other changes in
city boundaries, and the associated changes in
customers and access lines, within thirty (30)
days of the date the city provides the telephone
company written notice of the annexation or other
changes in boundaries and a listing of addresses
affected by such changes. Such notice shall be
sent to Southwestern Bell Telephone Company,
823 Quincy, Room 801, Thpeka, Kansas 66612. In
the event of annexations, the telephone company
may request additional time, in writing, to re-
code customers, which request will not be unrea-
sonably denied.
Section 7. Attachment to poles.
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 prerequisite to such attach-
ments.
Section 8. Termination of franchise.
In case of failure on the part of the telephone
company, its successors and assigns, to comply
with any of the provisions of this ordinance, or if
the telephone company, its successors and as-
signs, should do or cause to be done any act or
thing prohibited by or in violation of the terms of
this ordinance, the telephone company, its succes-
sors and assigns, shall forfeit all rights and priv-
ileges and granted by this ordinance and all
rights hereunder shall cease, terminate and be-
come null and void, provided that said forfeiture
shall not take effect until the city shall carry out
2992
e
APPENDIX B-FRANCHISES
Art. IV, ~ 11
.
the following proceedings. Before the city pro-
ceeds to forfeit said franchise, as in this section
prescribed, it shall first serve a written notice
upon the manager ofthe telephone company at its
principal office in the City of Salina, and upon the
trustee or trustees in any deed of trust securing
bonds of the telephone company of record in
Saline County, Kansas by mailing notice to such
trustee or trustees to the address designated in
such trust deed setting forth in detail in such
notice the neglect or failure complained of, and
the telephone company shall have ninety (90)
days thereafter in which to comply with the
conditions of this franchise. If at the end of such
90-day period the city deems that the conditions
of such franchise have not been complied with by
the telephone company and that such franchise is
subject to cancellation by reason thereof, the city,
in order to terminate such franchise, shall enact
an ordinance setting out the grounds upon which
said franchise or agreement is to be canceled or
terminated. If within thirty (30) days after the
effective date of said ordinance the telephone
company shall not have instituted an action,
either in the District Court of Saline County,
Kansas, or some other court of competent juris-
diction to determine whether or not the telephone
company has violated the terms of this franchise
and that the franchise is subject to cancellation by
reason thereof, such franchise shall be canceled
and terminated at the end of such 30-day period.
If within such 30-day period the telephone com-
pany does institute action, as above provided, to
determine whether or not the telephone company
has violated the terms of this franchise and that
the franchise is subject to cancellation by reason
thereof and prosecutes such action to final judg-
ment with due diligence, then, in that event, in
case the court finds that the franchise is subject to
cancellation by reason of the violation of its terms,
this franchise shall terminate thirty (30) days
after such final judgment is rendered. Provided,
however, that the failure of the telephone com-
pany to comply with any of the provisions of this
ordinance or the doing of causing to be done by
the telephone company of anything prohibited by
or in violation of the terms of this ordinance shall
not be a ground for the forfeiture thereof when
such act or omission on the part of the telephone
e
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e
Supp. No. 14
company is due to any cause or delay beyond the
control of the telephone company, its successors
and assigns, or to bona fide legal proceedings.
Section 9. Rights and duties of grantee upon
expiration of franchise.
Upon expiration of this franchise, whether by
lapse of time, by agreement between the tele-
phone company and the city, or by forfeiture
thereof, the telephone company shall have the
right to remove from public property any and all
ofits lines, poles, towers and other appurtenances
and equipment used in its said business within a
reasonable time after such expiration, but in such
event, it shall be the duty of the telephone com-
pany, immediately upon such removal, to restore
the streets, avenues, alleys, parks and other pub-
lic ways and grounds from which said lines, poles,
towers, other appurtenances and other equip-
ment are removed to as good condition as the
same were before said removal was effected.
Section 10. Term and termination date.
The term of this franchise shall be one (1) year
commencing January I, 1999. The telephone com-
pany or the city, at its option, shall have the right
to extend this franchise upon the same terms and
conditions (including, without limitation, the mod-
ification of the compensation payable to the city
pursuant to section 6 above) for as many as three
(3) consecutive extended terms of one (1) year
each, by providing written notice of its desire to
extend the franchise for an extended one (1) year
term not later than one hundred eighty (180) days
prior to the expiration of the initial or an ex-
tended term then in effect. The telephone com-
pany or the city may reject the extended term by
providing written notice within sixty (60) days of
receipt of the notice of extension. Each of the
extended terms shall be deemed a continuation of
this franchise and not as a new franchise or
amendment.
Section 11. Acceptance of terms by the tele-
phone company.
The telephone company shall have sixty (60)
days after the final passage and approval of this
ordinance to file with the city clerk of the City of
2993
Art. IV, ~ 11
SALINA CODE
Salina its acceptance in writing of the provisions,
terms and conditions of this ordinance, which
acceptance shall be duly acknowledged before
some officer authorized by law to administer
oaths; and when so accepted the ordinance and
acceptance shall constitute a contract between
the city and the telephone company subject to the
provisions of the laws of the State of Kansas.
Section 12. Right to assign.
Pursuant to the written permission of the city,
which shall not be unreasonably withheld, the
telephone company shall have the right to assign
this franchise, and the rights and privileges herein
granted, to any person, firm or corporation, and
any such assignee, by accepting such assignment,
shall be bound by the terms and provisions hereof.
If the telephone company should seek approval to
assign this franchise, the telephone company shall
notify the city in writing. All such assignments
shall be in writing and authenticated copies thereof
shall be filed with the city. This franchise shall be
assignable only in accordance. with the laws of
the State of Kansas, as the same may exist at the
time when any assignment is made.
Section 13. Conditions of franchise.
This contract, franchise, grant and privilege is
granted and accepted under and subject to all
applicable laws and under and subject to all of the
orders, rules and regulations now or hereafter
adopted by governmental bodies now or hereafter
having jurisdiction, each and every provision hereof
shall be subject to acts of God, fires, strikes, riots,
floods, war and other causes beyond the telephone
company's control. This franchise shall not be
exclusive.
Section 14. Invalidity of ordinance.
If any clause, sentence, or section of this ordi-
nance shall be held to be invalid, it shall not affect
the remaining provisions of this ordinance.
Section 15. Venue and. remedies.
This agreement shall be construed under and
in accordance with the laws of the State of Kan-
sas, and all obligations of the parties hereunder
are performable in Saline County, Kansas. In the
Supp. No. 14
event that any legal proceeding is brought to
enforce the terms of this agreement, the same
shall be brought in Saline County, Kansas limited
to state court action. Nothing in section 15 shall
be construed to limit or restrict either the tele-
phone company's or the city's right to initiate
action in federal court (Kansas District) or to
remove a state court action to federal court (Kan-
sas District). Neither the city nor the telephone
company by accepting this ordinance waives its
right to seek all appropriate legal and equitable
remedies as allowed by law upon violation of the
terms of this ordinance, including seeking injunc-
tive relief in a court of competent jurisdiction.
Section 16. Notice.
For the purpose of this agreement, notice to the
city will be to:
City Manager
City of Salina
P.O. Box 736
Salina, KS 67402-0736
Notice to the telephone company will be to:
Southwestern Bell Telephone
Area Manager-Municipal Affairs
220 E. 6th, Room 505
'Ibpeka, KS 66603
Notice will be effective upon delivery by hand
delivery or by first class mail to the above address
until the city or the telephone company notifies
the other, in writing, of a change in address.
Section 17. Repeal of Ordinance Number 88-
9278, publication, and effective
date.
Ordinance Number 88-9278 shall be canceled,
annulled, repealed and set aside as of the effective
date of this ordinance. Immediately after final
passage, this ordinance shall be published in the
Salina Journal once each week for two (2) consec-
utive weeks. This ordinance shall take effect sixty
(60) days after its final passage upon having been
read in full at three (3) regular meetings of the
governing body, unless a sufficient petition for
referendum is filed and the referendum held on
the ordinance as provided in K.S.A. 12-2001, in
2994
e
APPENDIX B-FRANCHISES
Art. IV, ~ 17
.
which case the ordinance shall become effective if
approved by a majority of the electors voting
thereon.
Introduced: October 12, 1998
Second Reading: October 19, 1998
Third Reading: October 26, 1998
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[The next page is 3489]
Supp. No. 14
2995
e CODE COMPARATIVE TABLE
1966 CODE
. This table gives the location within this Code of those sections of the 1966 Code
&II updated through 1-7-80, which are included herein. Sections of the 1966 Code as
updated not listed herein have been omitted as repealed, superseded, obsolete or not
of a general and permanent nature. For the location of ordinances adopted subse-
quent thereto, see the table immediately following this table.
Seetion Sedion
Section this Code Section this Code
1-1-1-4 1-1-1-4 6-56 5-102
1-5, 1-6 1-6, 1-7 6-57 5-74
1-7-1-11 1-9-1-13 6-58, 6-59 5-108, 5-104
2-1 2-1 6-60 5-79
2-7-2-9 2-3 6-62 5-78
2-48-2-54 2-61-2-67 6-63 5-75
2-54.1 2-76-2-81 6-64 5-98
2-58 1-14 6-65, 6-66 5-76, 5-77
2-61,2-62 2-51, 2-52 6-67 5-81
2-104, 2-105 2-106, 2-107 6-68 5-80
2-106 2-106 6-79 5-136
2-107,2-108 2-108 6-80 5-139
2-125 2-121 6-81 5-138
2-187,2-188 2-161,2-162 6-84-6-87 5-143-5-146
2-196-2-199 2-144-2-147 7-18,7-19 6-16,6-17
3-1-3-4 3-1-3-4 7-20,7-21 6-31, 6-32
e 3-5, 3-6 3-5 7-22,7-28 6-33
3-7 3-6 7-24,7-25 6-18, 6-19
5-1-5-3 4-16-4-18 7-36 6-46
5-4 4-1 7-48 6-56
5-5,5-6 4-19 7-49 6-47
5-7-5-9 4-31-4-33 7-50 6-57, 6-58
6-1, 6-2 5-16,5-17 7-52 6-59
6-3 5-38 7-53 6-61
6-4 5-18,5-36 7-55 6-60
6-5 5-37 7-68 6-166, 6-168
6-6 5-39 7-69 6-1
6-8 5-19 7-70 6-167
6-9, 6-10 5-20 7-73-7-76 6-156--6-159
6-12-6-16 5-21 7-77,7-78 6-169,6-170
6-17 5-22 7-80 6-170
6-18 5-52 7-91 6-86, 6-88
6-19 5-51 7-92 6-87, 6-89
6-20 5-53 7-93 6-90
6-21, 6-22 5-28, 5-24 7-94,7-95 6-76, 6-77
6-23 5-26 7-96,7-97 6-91, 6-92
6-24 5-17 7-108 6-106
6-25 5-25 7-109,7-110 6-116, 6-117
6-35 5-66 7-114,7-115 6-118, 6-119
6-36 5-91 7-126,7-127 6-141, 6-142
6-37, 6-38 5-93 7-129 6-143, 6-144
6-39 5-92 7-130 6-131
. 6-40, 6-41 5-96 9-1 8-38
6-42, 6-43 5-94, 5-95 9-5-9-7 8-1-8-3
6-44 5-97 9-8 8-16-8-20
6-45-6-47 5-99-5-101 9-19 8-36, 8-37
6-48, 6-49 5-67, 5-68 9-63 8-381
e 6-51-6-55 5-69-5-73 9-66, 9-67 8-382
3489
SALINA CODE
SeetioD SeetioD
Seetion this Code SeetiOD this Code
9-68-9-70 8-383-8-385 9-443, 9-444 8-293, 8-294
9-108 8-76 9-445-9-449 8-311-8-315
9-110-9-113 8-78-8-81 9-449.2, 9-449.3 8-296, 8-297
9-114-9-118 8-96-8-100 9-450 8-51
9-119-9-121 8-82-8-84 9-460 8-331
9-123, 9-124 8-85, 8-86 10-1,10-2 9-1, 9-2
9-130,9-131 8-111, 8-112 10lh-1-10lh-4 10-39-10-42
9-132 8-114 11-1-11-3 12-1-12-3
9-133 8-118 11A-1, 11A-2 13-1, 13-2
9-134-9-136 8-115-8-117 11A-10 13-16-13-21
9-137,9-138 8-119,8-120 11A-11 13-22
9-139 8-113 llA-30, 11A-31 13-26
9-145,9-146 8-131, 8-132 11A-40 13-27
9-146.1 8-133 llA-50 13-28
9-147-9-154 8-134-8-141 11A-60, 11A-61 13-41
9-160-9-172 8-151-8-163 11A-6~l1A-64 13-4~13-44
9-179-9-181 8-66-8-68 llA-70-11A-78 13-56-13-59
9-200, 9-201 8-176,8-177 llA-80 13-3
9-204, 9-205 41-71.1,41-71.2 llA-90 13-72
9-205.1, 9-205.2 8-180,8-181 11A-91 13-71
9-206-9-222 8-201-8-217 11A-92-11A-96 13-73-13-77
9-223, 9-224 8-218 11A-98 13-78
9-225 8-219 12-1 14-1
9-226 8-226 12-15 14-4
9-227 8-228 12-16 14-3
9-228 8-227 12-17 14-2
9-229-9-233 8-229-8-233 12-22 14-5
9-234 8-184 12-38, 12-39 14-17,14-18
9-237-9-239 8-185-8-187 12-41-12-49 14-19-14-27
9-239.1-9-239.3 8-188-8-190 12-76 14-41
9-241-8-254 8-256-8-269 12-113 14-42
9-324 8-361 12-119-12-126 14-51-14-58
9-326, 9-327 8-362, 8-363 12-139, 12-140 14-66,14-67
9-328 8-351 12-146-12-149 14-76-14-79
9-329 8-364 13-1-13-5 15-1-15-5
9-367 8-476 13-11-13-16 15-16-15-21
9-368 8-488 15-1, 15-2 17-1,17-2
9-346-9-356 8-401-8-411 15-3 24-5-24-9
9-370 8-486, 8-487 15-4, 15-5 24-8, 24-9
9-371 8-489 15-6 24-2
9-372, 9-373 8-477,8-478 15-7-15-9 41-71
9-384, 9-385 8-426, 8-427 15-11 24-2
9-387 8-436 15-12 24-5-24-9
9-388 8-446 15-24 24-2
9-390 8-428 15-25 24-5
9-391 8-447 15-26 24-7
9-392, 9-393 8-437,8-438 15-27 24-6
9-394 8-429 15-29 24-8, 24-9
9-411-9-419 22-51-22-59 15-40, 15-41 24-2
9-420-9-428 22-71-22-79 15-42 24-8
9-429-9-431 22-60-22-62 15-44 24-9
9-432 22-80 16-1-16-6 .18-1-18-5
9-433 22-63 16-7,16-8 18-8, 18-7
9-440 8-281 16-19 18-21
9-440.1 8-282 16-21-16-29 18-23-18-31
9-441 8-292 16-30, 16-31 18-41, 18-42
9-442 8-291 16-33-16-37 18-43-18-47
3490
e CODE COMPARATIVE TABLE
Section Section
Section this Code Section this Code
. 16-54-16-65 18-61-18-72 22-190 38-41.7,38-70
16-66, 16-67 18-69, 18-70 22-191 38-71
16-68 18-73 22-205 38-22
16-71-16-76 18-75-18-80 22-209, 22-210 38-23, 38-24
18-1 33-36 22-222 38-25
18-2-18-7 33-46-33-51 22-234-22-237 38-101-38-104
18-9-18-11 33-52-33-54 22-254, 22-255 38-116, 38-117
18-12-18-14 33-87-33-39 22-325-22-329 38-131-38-135
18-74 16-70 22-332-22-335 38-136-38-139
19-1-19-17 19-21-19-37 22-851, 22-352 38-8, 38-9
19-18 19-1 23-1-23-4 25-1-25-4
19-19 19-38 23-15,23-16 25-56
19-31-19-83 19-2-19-4 23-19-23-21 25-61-25-63
20-1,20-2 20-1, 20-2 23-22, 23-23 25-57, 25-58
20-3-20-5 20-4 23-24 25-60
20-6-20-8 20-5-20-7 23-27, 23-28 25-65
20-9, 20-10 20-9, 20-10 23-29 25-64
20-11,20-12 20-12,20-18 23-31 25-66
20-13-20-24 20-15-20-26 23-32 25-59
20-25 20-11 23-43, 23-44 25-21, 25-22
20-38, 20-39 7.5-1 23-45-23-48 25-25
20-42 6-1 23-49 25-24
20-43 28-1 23-50 25-25
20-48 6-1 23-51 25-24
20-50 28-1 23-52, 23-53 25-25
e 20-58 6-1 23-54 25-26
20-59 28-1 23-57 25-28
20-65 6-1 23-69-23-71 25-146
20-68 6-1 23-72 25-147
20-69 7.5-1 23-73-23-78 25-176-25-181
20-75 32-26 23-79,23-80 25-148,25-149
32-28 23-81 25-161
20-76 32-27 23-82 25-182
20-77 32-29 23-83-23-87 25-162-25-166
20-78 112-16 23-88 25-136
20-79 32-30 23-89 25-150
21-1 22-1 23-92 25-151
21-12-21-19 22-16-22-23 23-93-23-95 25-183-25-185
21-30-21-32 22-36-22-38 23-96 25-152
22-2 88-2 23-107 25-81
22-7 38-26 23-109-23-111 25-82-25-84
22-13 38-7 23-113,23-114 25-85, 25-86
22-14 38-43 23-124-23-127 25-116-25-119
22-31,22-32 38-5, 38-6 23-128-23-133 25-120
22-65 38-3 23-134, 23-135 25-121
22-77 38-21 23-146 25-101
22-115 38-4 23-147 25-41
22-146 38-44 23-147.1 25-42
22-150 38-41 23-148 32-1
22-153-22-155 38-42 23-149, 23-150 21-16, 21-17
22-158 38-44 23-151 25-48
. 22-169-22-171 38-51 23-151.1 25-27
22-172-22-180 38-52-38-60 23-152 41-73
22-181 38-41.3, 38-61 23-153 28-2
22-182 38-62 23-154,23-155 25-6,25-7
22-183 38-41.7,88-68 23-155.1 28-3
e 22-184-22-189 38-64-38-69 23-156 25-5
3491
SALINA CODE
Section Section
Section thia Code Section thI8 Code
23-166 7-M 32-74,32-75 35-85
23-171-23-178 38-81--38-88 32-76 35-87
24-1-24-4 26-16-26-19 32-77 35-86
24-6 26-20 32-78--32-89 35-61--35-72
24-7, 24-8 26-21 32-100--32-105 35-101--35-106
24-9, 24-10 26-22, 26-23 32-116 35-121
24-11 26-25 32-117 35-151
24-12 26-24 32-119-32-121 35-153-35-155
24-13 26-26 32-122,32-123 35-160
24-14-24-17 26-1-26-4 32-124 35-159
25-2 27-17 32-125--32-127 35-158
25-7-25-9 27-16 32-129 35-129
26-1-26-5 33-16--33-20 32-131 35-122
26-6 33-22 32-133 35-126
26-7 33-21 32-141,32-142 35-127, 35-128
27-1 29-16 32-145 35-135
27-2 29-17-29-20 32-156,32-157 35-132,35-133
27-3,27-4 29-21, 29-22 32-159 35-131
27-91-27-97 29-36-29-42 32-204 35-136
28-48 30-16 32-205 35-125
28-49 30-36 32-206, 32-207 35-137,35-138
28-50-28-52 30-38--30-40 32-208, 32-209 35-157
28-53, 28-54 30-43, 30-44 32-213, 32-214 35-158
28-55 30-46 32-215 35-151,35-152
28-56 30-37 32-216 35-156
28-57 30-41 32-217 35-124
28-58 30-45 32-218 35-134
28-59 30-17 32-219, 32-220 35-139, 35-140
28-60 30-21 32-231-32-236 35-176--35-181
28-61 30-25 32-247 35-201
28-62-28-64 30-22--30-24 32-250, 32-251 35-202, 35-203
28-65 30-42 32-253-32-260 35-204-35-211
28-66-28-68 30-18-30-20 32-263-32-268 35-212-35-217
29-20 23-36 32-279, 32-280 .35-231, 35-232
29-21 23-16 32-302--32-805 85-251--32-254
29-22 23-86 32A-1l-32A-13 37-16--37-18
29-23-29-29 28-37-23-43 33-1 39-1
29-30-29-39 23-17-23-26 33-3-33-10 39-3-39-10
30-1-30-10 31-1-31-10 38-21 39-21
31-11 34-16 33-22 39-2, 39-22
31-18 84-34, 34-35 33-23, 33-24 39-31, 39-32
31-19, 31-20 34-36,34-37 33-26-83-28 39-33-39-35
31-23 34-38 33-30 39-36
31-35--31-41 84-16--34-22 33-41-33-43 39-51-39-53
31-43, 31-44 34-24, 34-25 34-1 40-1
31-45--31-51 34-27-84-33 34-2-34-4 40-29
31-62-31-66 34-61-34-65 34-5 40-2
31-69 34-68 34-19 40-26
31-71, 31-72 34-66,34-67 34-20 40-16
31-73,31-74 84-51, 34-52 34-21 40-28
31-81-31-84 34-81-34-84 34-22 40-27
31-85, 31-86 34-85 34-27 40-30
32-2, 32-3 35-1, 35-2 34-28 40-17
32-8-32-12 35-3-85-7 34-39-34-41 40-46-40-48
32-23 35-21 34-43-34-48 40-81-40-86
32-37-32-48 35-36-85-42 84-49 40-94
32-55--32-59 35-51-35-55 84-50 40-49
32-70--32-78 35-81-35-84 34-51-34-56 40-87-40-92
3492
e CODE COMPARATIVE TABLE
Section Section
Section thi. Code Section thiB Code
34-57 40-95 36-609(1)--36-609(5) 42-267-42-271
. 34-58 40-96 36-610 42-281
34-59 40-96,40-116 36-610(1)--36-610(5) 42-282-42-286
34-60 40-50 36-611 42-301
34-61 40-98 36-611(1)--36-611(5) 42-302-42-306
34-62--34-82 40-51-40-71 36-612 42-316
34-87--34-94 40-106-40-113 36-612(1)--36-612(5) 42-317-42-321
34-96 40-115 36-613 42-331
34-98, 34-99 40-114 36-613(1)--36-613(5) 42-332-42-336
34-101 40-114 36-614 42-346
34-102,34-103 40-116 36-614(1)--36-614(5) 42-347--42-351
34-104 40-117 36-615 42-361
35-1 41-1 36-615(1)--36-615(5) 42-362-42-366
35-3, 35-4 41-2,41-3 36-616 42-381
35-8 41-4 36-616(1)--36-616(5) 42-382-42-386
35-9--35-11 41-6-41-8 36-700--36-707 42-401-42-408
35-12 41-72 36-800--36-813 42-426--42-439
35-23--35-43 41-21--41-41 36-8AOO, 36-8A01 42-456, 42-457
35-44 41-20 36-8A02, 36-8A03 42-471,42-472
35-45 41-42 36-8A04 42-473,42-474
35-54 41-86 36-8A05 42-475--42-477
35-56, 35-57 41-87,41-88 36-8A06 42-478
35-59 41-89 36-8A07--36-8A10 42-458--42-461
35-61--35-69 41-90--41-98 36-900 42-501
35-79--85-87 41-51--41-59 36-901 42-502, 42-503
e 36-100, 36-101 42-1,42-2 36-903--36-905 42-504--42-506
36-102(1)--86-102(6) 42-3-42-8 36-907(1),36-907(2) 42-516,42-517
36-200--36-205 42-21--42-26 36-907(3)--36-907(8) 42-519-42-524
36-300--86-302 42-40--42-42 36-1000(1)-- 42-551--
36-400--36-406 42-56-42-62 36-1000(3) 42-558
36-500--36-505 42-76-42-81 36-1001(1)-- 42-561-
36-505(1)--36-505(5) 35-51--35-55 36-1001 (3) 42-563
36-600 42-111 36-1100--36-1105 42-576-42-581
36-600(1)-36-600(4) 42-112-42-115 36-1200--36-1206 42-596--42-602
36-601 42-126 36-1300 42-616
36-601(1)--86-601(4) 42-127--42-130 36-1301(1)-- 42-617-
36-602 42-141 36-1301(22) 42-638
36-602( 1)--36-602 ( 4) 42-142-42-145 36-1301(23) 42-641
36-603 42-156 36-1301(24) 42-689
36-603(1)--36-603(4) 42-157--42-160 36-1301(25) 42-640
36-604 42-171 36-1301(26)- 42-642-
36-604(1)--36-604(4) 42-172-42-175 36-1301(67) 42-683
36-604A 42-186 36-1301(67a) 42-684
36-604A(1)-- 42-187-- 36-1301(68)-- 42-685-
36-604A ( 4) 42-190 36-1301(73) 42-690
36-605 42-201 36-1301(74)-- 42-692-
36-605(1)--36-605(4) 42-202-42-205 36-1301(95) 42-718
36-606 42-216 36-1301(95a) 42-714
36-606(1) 42-217, 42-222 36-1301 (96)-- 42-715-
36-606(2) 42-218,42-223 36-1301(130) 42-749
36-606(3) 42-219--42-221, 36-1301(131)---- 42-751--
. 42-224 36-1301 (137) 42-757
36-606(4),36-606(5) 42-225, 42-226 36-1301(138) 42-750
36-607 42-236 36-1301(139)-- 42-758-
36-607(1)--36-607(4) 42-237--42-240 36-1301(179) 42-798
36-608 42-251 36-1301 (180)-- 42-800--
e 36-608(1)--86-608(5) 42-252-42-256 36-1301 (186) 42-806
36-609 42-266
3493
e
CODE COMPARATIVE TABLE
.
ORDINANCES
This table gives the location within this Code of those ordinances adopted since the 1966 Code,
as supplemented through 1-7-80, which are included herein. Ordinances adopted prior to such date
were incorporated into the 1966 Code. This table contains some ordinances which precede 1-7-80,
but which were never included in the 1966 Code, as supplemented, for various reasons. Ordinances
not listed herein have been omitted as repealed, superseded, or not of a general and permanent
nature.
Ordinance Adoption
Number Date
1-26(Charter Ords.)
1576(Res.) 6-28-55
6296 1-27-59
68744 10-21-63
6944 11-21-66
6981 6-19-67
6982 6-19-67
7039 1-29-68
3245(Res.) 9- 8-75
8544 2-28-77
3311(Res.) 3-14-77
e 80-8788 4-28-80
80-8789 4-28-80
80-8794 4-28-80
Section
1-5
1-8
1
3
1-7
1-10
1-11
1-10
1-19
1
1
1(8-1)
1(8-12)
1(8-13)
1(8-14)
1(8-15)
1(8-26)
1(8-27)
1(8-28)
1(8-39)-1(8-49)
1(8-51)
1(8-54)
1(8-62)
1(8.73)-(1(8.84)
1(8-94)
1(8-94, 8-95, 8.98)
1(8-96)
1<8-97)
1(8-99)
1(8-110)
1(8-110)
1<8-121)-1(8-125)
1(8-136)
1(8-137)
1(8-148)
1
1
2
3
4
5
6
7
8
80-8795 6-23-80
80-8796 7- 7-80
.
e
Supp. No.9
3495
Section
this Code
App.A
17-16-17-20
App. B, Art. IV, ~~
1-8
App. B, Art. IV, ~ 2
1-5
App. B, Art. I, ~~ 1-7
App. B, Art. II, ~~
1-10
4-46-4-56
10-16-10-25
App. B, Art. III, ~~
1-19
17-16
2.161
2.162
7.1
7.16
7-17
7-18
7-19
7-31
7-32
7-33
7-46-7-56
7-58
7-57
7-71-7.78
7-91-7-102
7.116, 7-117
7-118
7-119
7-121
7-120
7-103
7-122
7.136-7-140
7-2
7-3
7-4
42.79
42.112
42-113
42-127
42-128
42-142
42-143
42-157
42-158
SALINA CODE
Ordinance Adoption Section
Number Date Section this Code
9 42-172
10 42.173
11 42.187
12 42.188
13 42.202
14 42.203
80.8797 7. 7-80 1 42-434
2 42-435
80-8801 7-21.80 1 7-1
80-8814 10-27-80 1 34-34
80-8816 10-27-80 1,2 34-26
80-8818 11-10-80 1 37-18
80-8821 11-24-80 1 42-503
80-8825 12-15-80 1 42-517
2 42-518
80-8828 12-22-80 1(1.1) 36-1
1(1.2)-1(1.5) 36-3-36-6
1(1. 7)-1( 1.11) 36-7-36-11
1(2.1-1)-1(2.1-3) 36-26-36-28
1(2.2-1)-1(2.2-7) 36-36-36-42
1(2.3-1)-1(2.3-8) 36-51-36-58
1{3.1)-1(3.10) 36-71-36-80
1(4.1), 1{4.2) 36-91, 36-92
1(6.1, 6.2) 36-2
81-8830 1-12-81 1 8-66
81.8842 3.23-81 1 42-79
81.8851 6- 8-81 1 42-216-42-226
81-8855 6-22-81 1 42-521
81-8857 6-22-81 1 42-503
81-8863 8. 3-81 1 42-60
2 42-128
3 42-143
4 42-158
5 42-173
6 42-188
7 42-203
8 42-282
9 42-302
10 42-317
11 42-332
12 42-333
13 42-657
14 42-690, 42-691
81-8870 8-24-81 1 8-182
81-8871 8-24-81 1 8-183
81-8873 8-24-81 1(22-124)-1(22-130) 38-151-38-157
81-8874 9-14-81 1 42-58
81-8875 9-14-81 1 42-799
Supp. No.9
3496
e COD. COIIPAUTIVB TABLa
~ ..l.',_ ....
N.... Date ...... .... (We
. 81~1 10-19-81 1,3 2-2
81~ 10-19-81 1,2 29-1
81-8886 11- 2-81 1 3841.7
38-63
81-8886 11- 2-81 1 3841.7,38-70
81~ 5- 3-82 1 42403
81-8889 12. 7-81 1 13-58
82-8914 6-21-82 1 42-654
2 42-689
82-8918 8- 9-82 1 42-267
2 42-282
3 42-302
4 42-658,42-658.1
82-8919 8- 2-82 1 3349
82-8920 8- 2-82 1 33-38
82-8921 8- 2-82 1 8-36
82-8922 8- 2-82 1 8-37.1
82-8924 8- 2-82 1 8-381
82-8926 8- 2-82 1 8-176
82-8926 8- 2-82 1 8-178
82-8928 8- 2-82 1 8-209.1
82-8929 8- 2-82 1 8-217.1
82-8930 8- 2-82 1 8-281
82-8931 8- 2-82 1 Rpld 8-51
e 82-89S2 8- 2-82 1 8-331
82-8942 10-25-82 1 1-12
82-8943 11- 1-82 Adopting Ordinance,
p. vii
83-89M . 1-24-83 1 42-252
2 42-267
3 42-282
4 42-302
5 42-317
6 42-332
83-8967 3-21-83 1 42-579
83-8962 5- 2-83 1 8461-8-468
83-8964 6- 6-83 1 7-54
2 7.140
83-8970 8-22-83 1 42-270
2 42-285
3 42-320
4 42-335
5 42-365
6 42-385
83-8974 10-17-83 1 38-10,38-11
83-8975 10-17-83 1 38-27
83-8976 10-17-83 1 38-28
83-8981 11.14-83 1 5-96
88-8984 12-19-83 1 14-1
83-8986 12-19-83 1 41-9
. 2 41-28-41-31,
41-38, 41-39
84-8990 1- 9-84 1 8-66
84-8991 1- 9-84 1 Rpld 8-68
84-8996 1-16-M 1 2-170-2-172
84-8998 1-23-84 1 16-11-16-22
e
Supp. No. a
34n
SALINA CODE
Or.Ii.....ce Adoptiou Sedion
Number Date Section &bU Code
84-8999 2- 6-84 1-14 App. B, Art. IV,
111-14
84-9002 2-13-84 1 42-256
2 42-271
3 42-286
4 42-321
5 42-336
6 42-351
7 42-366
8 42-386
84-9003 2-13-84 1 42-115
2 42-130
3 42-1-U
4 42-160
5 42-176
6 42-190
7 42-206
8 42-221
9 42-266
10 42-270
11 42-286
12 42-320
13 42-336
14 42-366
15 42-386
lS4-9006 3-26-84 1 18-75-18-75.5
84-9007 3-26-84 1 41-110-41-115,
41-125-41-136,
41-145-41-163,
41-171-41-173,
41-181-41-219
84-9012 4- 2-84 1 8-131
84-9013 4- 2-84 1 8-132
84-9014 4- 2-84 1 8-137
84-9017 4- 9-84 1 41-24
84-9019 4- 9-84 1 8-217.1
84-9020 5- 7-84 1 42-173
2 42-188
3 42-203
4 42-252
5 42-267
6 42-282
7 42-302
8 42-332
84-9022 5-14-84 1 38-43
84-9023 5-14-84 1 38-42
84-9029 7- 9-84 1 42-252
2 42-267
3 42-282
4 42-317
84-9041 8-27-84 1 8-283
84-9045 9-24-84 1 38-41.3
2 38-61
84-9048 11.19-84 1 41-93
84-9051 12- 3-84 1 2-161-2-165
Supp. No. 3
3498
e CODE COMPARATIVE TABLE
Ordinance Adoption Section
. Number Date Section this Code
84-9056 12-17-84 1 35-101
85-9062 2-11-85 1 38-1
85-9064 2-25-85 1 8-213
85-9065 3-11-85 1 42-43
85-9066 3-11-85 1 38-1.1
85-9074 6- 3-85 1 42-517
85-9078 7- 1-85 1 24-7
85-9080 7-22-85 1 8-409
85-9087 8-12-85 1 5-66(6)
2-4 5-71-5-73
5 5-102
85-9088 8-12-85 1 8-36
2 8-36.1
85-9089 8-12-85 1 8-176
85-9090 8-12-85 1,2 8-281,8-282
85-9098 9-23-85 1 5-71
2 5-72.1
85-9099 10- 7-85 1 2-180
85-9106 10-28-85 1 35-126
85-9116 12-23-85 1 42-130
2,3 42-144,42-145
4,5 42-159,42-160
6, 7 42-174,42-175
8,9 42-189,42-190
e 10,11 42-204, 42-205
12, 13 42-220, 42-221
86-9119 2- 3-86 1 42-426-42-449
2 46-625.1,
42-629.1,
42-629.2,
42-634.1,
42-656.1,
42-668.1,
42-668.2,
42-668.3,
42-668.4,
42-673.1,
42-674.1,
42-674.2,
42-676.1,
42-679.1,
42-690.1,
42-722.1,
42-731.1,
42-758.1,
42-782.1,
42-785.1,
42-794
3 42-676
. 4 42-751
5 42.783
6 Rpld 42-426-42-439
86-9125 4- 7-86 1-8 App.B,
Art. I, n 1-8
86-9126 4- 7-86 .1-11 App.B,
e Art. II, n 1-11
Supp. No.6
3499
SALINA CODE
Ordinance Adoption Section
Number Date Section this Code
86-9133 5- 5-86 1 42-442
86-9140 7- 7.86 1 38-45
86-9142 7-21-86 1 42-145
2 42.160
3 42-175
4 42-190
5 42-205
6 42-221
7 42-255
8 42-270
9 42-285
10 42-320
11 42-335
86-9143 7-21-86 1 36-74
86.9145 7-21.86 1 42-442
86-9146 7-21-86 1 42-445
86-9155 9-15-86 1 8-446
86.9158 9-22-86 1 42-317
86-9159 9-22-86 1 42-333
86.9162 10-20-86 1 25.200-25-203
86-9163 10-20-86 1 2-200-2-212
86-9164 11- 3-86 1 8-16-8-24
2 Rpld 8.16-8-20
8-38
8-96-8-100
8-133-8-136
8-203-8-207
8-226-8.233
87-9173 2- 9-87 1 42-333
87-9175 3-20-87 1-3 38-1-38.1.2
4 Rpld 38-1, 38-1.1
87-9177 3-23-87 1 14-51
87-9178 4- 6-87 1 7.31
87-9179 4-13-87 1 42.58
87-9182 5- 4-87 1 40-88
87.9183 5-11-87 1 42-216-42-226
87-9184 5-11-87 1 42-438
2 42-439
3 42-782.1
4 42-783
5 42.712.1-
42-712.4
6 42.719.1
7 Rpld 42-668.2
42-668.4
42-715-42-718
87-9185 5-11.87 1 42-440
87-9186 5-11-87 1 42-442
87-9187 5-11-87 1 42-40
2 42-43
87-9188 5-18-87 1 36-74
87-9189 5-18.87 1 38-83
2 38-87
3 38-88
4 Rpld 38-84,38-85
87-9194 7 -27 -87 1-5 24-5-24-9
6 Rpld 24-5-24-9
Supp. N,o. 6
3500
e CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
. 87-9195 7-27-87 1 42-25
87-9196 7-27-87 1 42-282
2 42-630
3 Added 42-630.1
87-9200 9-21-87 1 42-40
87-9201 9-21-87 1 42-409-42-417
87-9203 9-28-87 1 42-27
87-9204 9-28-87 1 42-404
87-9205 9-28-87 1 42-552
87-9206 9-28-87 1 42-689
87-9207 9-28-87 1 42-143
87-9208 9-28-87 1-3 42-158--42-160
87-9209 9-28-87 1-3 42-173-42-175
87-9210 9-28-87 1-3 42-188--42-190
87-9211 9-28-87 1-3 42-203-42-205
87-9212 9-28-87 1 42-285
87-9220 10-26-87 1 Added 8-500--8-507
87-9221 10-26-87 1 38-70
87-9228 12-28-87 1 5-147-5-150
88-9230 1-25-88 1 Added 8-38
88-9231 1-25-88 1 39-34
88-9240 4- 4-88 1,2 23-82, 34-83
~ 34-86-34-89
88-9241 4-11-88 1 42-252
2 42-267
e 3 42-282
4 42-302
5 42-317
6 42-332
88-9242 4-11-88 1 42-347
2 42-248
88-9243 4-11-88 1 42-552
88-9244 4-11-88 1 42-597
2 42-597.1
3 42-597.2
88-9245 4-11-88 1 42-599
88-9246 4-11-88 1 41-27
88-9248 4-25-88 1 35-40.1
88-9249 5-9-88 1 Rpld 6-19
6-131
25-161-25-166
88-9254 6-13-88 1 35-255
88-9259 6-27-88 1 5-25
88-9260 7-11-88 1 7-54
88-9261 8- 1-88 1 8-38
88-9262 8- 1-88 1-3 18-23-18-25
4 18-22
5 18-81
88-9264 8- 1-88 1 42-286
88-9273 8-15-88 1 25-58
2-4 25-60-25-62
. 5 25-64
88-9274 8-22-88 1,2 38-1
88-9277 8-22-88 1 5-136
2 5-138
3 5-139
e 4 5-146
88-9278 9-26-88 1-14 App. B,
Supp. No. 14 3501
SALINA CODE
Ordinance Adoption Section
Number Date Section this Code
Art. IV, ~~ 1-14
88-9281 10-17-88 2 8-16
3 8-24
4 18-41
5 18-42
6 18-46
7 18-47
8--10 22-52-22-54
11-13 22-57-22-59
14 22-63
88-9282 10-17-88 1 8-364
88-9283 11-14-88 1 42-507
2 42-508
88-9287 11-14-88 1 42-128
2 42-143
3 42-158
4 42-173
5 42-188
6 42-203
88-9298 1- 9-88 1 2-206
2 2-207
3 2-209
88-9299 1- 9-89 1 2-21
89-9306 2- 6-89 1 8-36
2 8-36.1
3 Rpld 8-36
89-9307 2- 6-89 1,2 8-66
89-9308 2- 6-89 1 8-176
2 Rpld 8-176,8-178,
8-180--8-183.1,
8-185--8-190
89-9309 2- 6-89 1 8-281
2 8-282
3 Rpld 8-281, 8-282
89-9310 2- 6-89 1,2 8-331
89-9311 2- 6-89 1, 2 8-381
89-9312 2- 6-89 1 10-50-10-53
89-9316 3- 6-89 1-4 42-172-42-175
5 Rpld 42-172-42-175
89-9326 7-10-89 1,2 25-82
89-9327 7-17-89 1 14-41
2 14-42
3(14-6) 14-43
4(14-7) 14-44
5(14-8) 14-45
6(14-9) 14-46
7(14-10) 14-47
8(14-11) 14-48
9 Rpld 14-2-14-5
14-41
14-42
14-55
89-9328 7-17-89 1 24-10
89-9330 8- 7-89 1 30-1-30-3
89-9331 8-14-89 1,2 42-59
89-9333 8-14-89 1,2 42-221
Supp. No. 14
3502
e CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
. 89-9341 9-11.89 1 Ch. 41, Art. II, Div.
2(title)
2 41.60-41.69
3 Rpld 41-58
89.9352 11.13-89 1,2 42-58
89.9353 11-13-89 1,2 42.60
89.9354 11-13-89 1-6 42-337 -42-342
89-9356 11-13.89 1 38.83
89-9361 11-20-89 1 2.225-2.232
90-9371 2-12.90 1 7-1
2 7-4
3 7-31
4 7-46
5 7-47
6 7-50
7 7-58
8 7-76
9 7-78
10 7.99
11 7-136
12 7-138
13 7-139
14 Rpld 7.1
7.4
7-16
7.31
7.46
e 7.47
7-50
7.58
7.76
7-78
7-99
7.136
7.138
7.139
90.9373 3-19-90 1 Rpld 27.17
90-9374 4- 2-90 1 35-51
2 35.52
90.9379 4- 9-90 1,2 42-269
90-9380 4.23-90 1 27-16.2
90-9381 5.14-90 1 42.503
2 42.504
3 42.507
4 42-509
5 42.521
6 42-581
7 42-510
8 42-525
9 Rpld 42-503, 42-504
42-507
42-521
42-581
90-9382 5-14-90 1,2 42-339
90-9384 5-14-90 1 Rpld 41-91
. 90-9386 6-18-90 1 36-3
2 36.28
3 36-36
4 36-71
5 36.91
6 36-92
e
Supp. No.9 3503
SALINA CODE
Ordinance Adoption Section
Number Date Section this Code
7 Rpld 36-3
36-28
36-36
36-71
36-91
36-92
90-9387 6-25-90 1 42-456-42-468
2 Rpld 42-456-42-461
90-9396 8-13-90 1 42-267
2 42-268
3 Rpld 42-267, 42-268
90-9403 8.20-90 1 25-82
90-9404 8-20-90 1 38-151-38-153
90-9405 8.27-90 1 35-43
90-9407 9-10-90 1 27-16.1
90-9412 10.15.90 1 35-104
2 35-106
90-9414 11- 5-90 1,2 38-1
90-9419 12-17-90 1 42-552
91-9421 1. 7-91 1 Added 39-1, 39-6,
39-15-39-21,
39-30-39-36,
39-50-39-53,
39- 70-39- 76,
39-90-39-92,
39-110-39-116
2 Rpld 39-1-39-10,
39-21, 39-22,
39-31-39-36,
39-51-39-53
91-9422 1- 7-91 1 Added 38-87
2 Rpld 38-87
91-9424 2- 4-91 1 42-517
91-9429 3-18-91 1 41-4
91-9433 3-25-91 1 42-472
91-9436 4-15-91 1 Rpld 6-1,
6-76,6-77,
6-86-6-92,
6-106,
6-116-6-119,
6-141-6-144,
6-156-6-159,
6-166-6-170,
7.5-1
40.16, 40-17,
40-26-40-30
91-9437 4-15-91 1 28-1
91-9439 5- 6-91 1 Added 27-16,27-17
2 Rpld 27-16, 27-17
91-9440 5.13-91 1 42-303
2 42-318
3 42-332
4 42-686
91-9442 5-20-91 1 Rpld 2-144-2-147
2 2-162
91-9446 6-17.91 1 25-28
2 Added 25-29-25-31
91-9448 6-17-91 1 30-18
2, 3 Rpld 30-19, 30-21,
30-23
91-9451 6-24-91 1 40-59
91-9463 9.16-91 1 41-95
Supp. No.9
3504
e CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
. 91-9464 9- 9-91 1 42-642
2 42-670
3 42.688
4 Added 42-689.1
5 Added 42-713.1
91-9465 9. 9-91 1 42-173
2 42-188
3 42-203
91-9471 10-28-91 1 2-200
2 2-204
3 2-205
4 2-206
91.9475 11-18-91 1 Added 25-1-25-4,
25-41, 25-42,
25-51-25.63,
25-71,25-72,
25-81-25-83,
25-91-25.100,
25-111-25-122,
25-131-25-141.
25.151-25.159,
25-171-25-173.
25.181, 25.182,
25-191, 25-192
2 Rpld 25-1-25-7,
25.21-25.28,
e 25-41-25-43,
25-56-25-66,
25-81-25-86,
25-101,
25-116-25-121,
25-136,
25-146-25.152,
25-176-25-185,
25-200-25-203
91-9476 11-18-91 . 1 5-123
91-9478 11-25-91 1 7-139
91-9479 11-25-91 1 39-113
91-9485 12. 9-91 1 42-24
2 42-25
3 42-26
91-9486 12- 9-91 1 42-63
91-9487 12- 9-91 1 42-64
91-9488 1- 6-92 1 Added 42-216-42.231
2 Rpld 42-216-42-226
91-9489 12- 9-91 1 42-712.2
2 42-712.3
3 42-712.4
4 42-712.5
5 42.712.6
6 42-719.1
91-9491 12-19-91 1 38-1
92-9492 1-27-92 1-14 App. B, Art. III
15 Rpld App. B, Art. III
. 92-9493 2. 3-92 1 Added 13-1-13-4,
13-51-13-60,
13-71-13-73,
13-81-13-93,
13-101-13-116,
13-131-13-134,
e 13-141,
13-145-13-151
Supp. No. 10 3505
SALINA CODE
Ordinance Adoption Section
Number Date Section this Code
2 Rpld 13-1-13-3
13-16-13.22
13-26-13-28
13-41-13.44
13-56-13-59
13-71-13-78
92-9497 4- 5-92 1 9-3, 9-4
92-9505 4-27-92 1-4 Added 41-110-41-115,
41-145-41-163,
41-171-41-173,
41-181-41-222
5 Rpld 41-110-41-115,
41-145-41-163,
41-171-41-173,
41-181-41.219
92-9507 5-11-92 1 Rpld 38-51-38-71
92-9511 6-22-92 1 8-404
2 8-406
92-9519 7-20-92 1 13.28
2 13-101
3 13-104
4 13-112
5 13-114
92-9524 8-10-92 1 42-442
2 42-656.1
3 42.690.2
4 42- 722.1
5 42.782.1
6,7 42-785.1,42-785.2
92.9534 9.21-92 1 42-815-42-825
2 Rpld 4-46-4-56
92-9535 9.21-92 1 13-104
92-9536 10-12-92 1,2 42-302, 42-303
92.9538 10-12-92 1 38-1
92-9541 11. 2-92 1 Rpld 34-24
93-9571 6- 7-93 1 41-70-41-70.9
93-9578 6-28-93 1 38-1
93.9583 7.12-93 1 27-16
93-9584 8- 2.93 1 38-1
93-9593 9-20.93 1 42-58
93-9598 9-27-93 1 39-115
93-9600 10-11-93 1 25-1
2 25-160
93-9603 10-11.93 1 25-153
93-9612 12.20-93 1,2 41-6, 41-7
3 41-22
4 41-26
5 41-28
6 41-71.1
7 41-88
8 41-93
9, 10 41-96, 41-97
11 Rpld 41-35, 41-53-41-57,
41-89
94-9617 2- 7.94 1 8-36, 8-36.1, 8-37
Rpld 8-37.1,8-38,8-39-
8-41
94-9618 2- 7-94 1 8-66
Rpld 8-67
2 Rpld 8-76,8-78, 8-79-8-82
Rpld 8-83,8-84-8-86
Supp. No. 10
3506
e CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
. 3 8-151, 8-152
Rpld 8-153, 8-15~163
94-9619 2- 7-94 1 8-176-8-183
2 8-202
94-9620 2- 7-94 1 8-281-8-283
94-9621 2- 7-94 1 14-41, 14-42
Rpld 14-43-14-47, 14-48
3 Rpld 14-76---14-79
94-9622 2- 7-94 1 14-1
2 14-2-14-5
94-9624 2-28-94 1 42-65
94-9628 4- 4-94 1 41-71.1
2 41-74-41-76
94-9629 4- 4-94 1 42-318
2 42-661, 42-669
3 42-759.1
94-9633 5-16-94 1 7-53
2 7-91,7-93
7-96, 7-98
94-9635 5-23-94 1 Added 8-42
94-9636 6- 6-94 1 Added 27-18
94-9637 6-20-94 1 Added 40-1-40-4
40-11--40-21
40-31-40-39
e 2 Rpld 40-1,40-2
40-46--40-96
40-106--40-117
94-9638 7-27-94 1 7-91
94-9640 7 -18-94 1 5-143
94-9641 8- 1-94 1 Added 5-1
2 5-21
3 Rpld 5-72.1
94-9643 8-15-94 1 2-162
94-9647 8-22-94 1 7-121
94-9648 8-22-94 1 2-2
94-9653 9-19-94 1 42-553
2 Added 42-554
94-9656 9-26-94 1 38-1
94-9659 10-24-94 1 34-62
2 34-67
94-9660 10-24-94 1 20-1-20-19
2 Rpld 20-1-20-26
94-9661 10-24-94 1 5-18
2 5-67
95-9685 4-17-95 1 App. B, Art. III,
~N
95-9694 7-10-95 1 42-306
95-9695 7-10-95 1 42-282
95-9698 8- 7-95 1 23-1
23-16---23-30
2 Rpld 23-1
. 23-16---23-26
23-36---23-43
95-9699 8- 7-95 1 Added 2-233-2-239
95-9704 8-28-95 1 42-256
95-9706 9-25-95 1 5-25
e 95-9707 10- 9-95 1 41-75
95-9708 10-16-95 1 45-522
Supp. No. 13 3507
SALINA CODE
Ordinance Adoption Section
Number Date Section this Code
95-9709 10-16-95 1 Added 42-82
95-9710 10-16-95 1 Added 36-59-36-63
95-9717 1- 8-96 1 Added 18-25.1
Rpld 18-5
95-9718 1- 8-96 1 24-3
9tl~9732 4-22-96 1 23-16,
23-21,
23-21,
23-25,
23-27, 23-28
2 Added 23-31, 23-32
96-9740 5-20-96 1 Added 28-1-28-27
2 Rpld 28-1-28-3
96-9743 6-17-96 1 38-1
96-9745 6-17-96 1 Added 25-142
96-9746 6-17-96 1,2 25-96, 25-97
96-9747 6-17-96 1 7-1
2 Added 7-5
3 7-31
4 7-57
5 7-93
96-9748 6-17-96 1 Added 8-386--8-388
96-9749 7-15-96 1 Rpld 21-16,21-17
Added 21-16-21-20
96-9750 7-22-96 1 25-63
96-9751 7-22-96 1 Added 34-9()-34-96
96-9752 8- 5-96 1 38-1
96-9753 8- 5-96 1 Rpld 38-5, 38.6
96-9756 8-19-96 1 30-45
96-9757 8-26-96 1 35-151
35-154-35-156
35-158
96-9758 8-26-96 1 Added 25-84
2 25-181, 25-182
96-9759 9- 9-96 1 25-51,25-52
25-56
25-97
25-112
25-136
96-9760 9-16-96 1 36-74
Added 36-74.1, 36-74.2
96-9767 11-18-96 1 5-25
96-9768 11- 4-96 1 Added 35-107-35-110
96-9773 12- 2-96 1 7-31
96-9776 1- 6-97 1 42-508
96-9777 1-13-97 1 Added 38-40
38-44-38-48
2 Rpld 38-40
38-41.3, 38-41.7
38-44,38-45
97-9780 2-10-97 1 Added 42-66
42-653.1
97-9787 2-17-97 1 34-62
34-64-34-67
97-9789 2-17-97 1 Added 42-469-42-469.8
97-9791 3- 3-97 1 Added 2-240, 2-241
97-9798 4- 4-97 1 Added 28-1-28-3
28-11-28-18
Supp. No. 13 3508
e CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
. 28-26-28-31
28-51-28-67
28-76-28-78
28-86
2 Rpld 28-1-28-27
97-9801 5-12-97 1 Rpld 6-46,6-47,
6-56-6-61,
Arts. N-VII
97-9802 5-12-97 1,2 14-53
97-9808 6- 9-97 1 25-94
2 Rpld 31-1-31-3,
31-5, 41-8
97 -9809 6-23-97 1,2 8-500-8-507
97-9815 7-28-97 1 42-66
97-9821 8-11-97 1 38-1
97 -9824 8-25-97 1 Rpld 23-1,
23-16-23-32
Added 23-1,
23-16-23-37
97 -9828 10- 6-97 1 Added 42-67,42-617.1
97 -9829 10- 6-97 1 Added 6-46-6-48,
6-54--6-59,
6-65-6-67,
6-73,6-79
e 97 -9832 12-22-97 1 Added 36-81
97-9833 10-27-97 1 41-60,41-62, 41-63
97-9835 11-10-97 1 42-406
97-9837 11-10-97 1 Rpld 38-8,38-9,
38-23, 38-24
Added 38-29-38-33
97 -9848 12-22-97 1 2-240
98-9852 2- 2-98 1 8-36,8-36.1,
8-39-8-42
2 Added 8-43-8-45
98-9853 2- 2-98 1 8-176,
7-178---8-183
2 Added 8-185
98-9854 2- 2-98 1 8-281--8-283
2,3 Added 8-284, 8-285
98-9855 2- 2-98 1 8-66
2 Added 8-67
98-9856 2- 2-98 1 14-41, 14-48
98-9861 4-13-98 1 Added 42-68
98-9865 4-20-98 I, 2 24-1-24-10
98-9885 8-17-98 1 Added 42-69
98-9886 8-17-98 1 38-1
98-9894 10-26-98 Rpld App. B, Art. IV,
~~ 1-14
1-17 Added App. B, Art. IV,
~~ 1-17
. 98-9897 11- 2-98 1 42-510
98-9903 12- 7-98 1 42-58
98-9904 12- 7-98 1 36-74.1
2 36-77
99-9911 2- 8-99 1,2 25-51,25-71
e 99-9914 3-15-99 1 App. B, Art. III,
~ 10(10.12)
Supp. No. 16 3509
SALINA CODE
Ordinance Adoption Section
Number Date Section this Code
99-9931 6-14-99 1 Added 35-40.2
99-9935 7-12-99 1 41-71.1
99-9938 8- 2-99 1 7-1, 7-3
7-5,
7-31-7-33,
7-46,7-48,
7-57,7-74
99-9946 9-20-99 1 23-22
99-9947 9-13-99 1 42-320
99-9949 10-11-99 1 Added 42-418-42-418.4
99-9952 10-18-99 1 38-1
99-9953 10-18-99 1 8-291-8-297
Added 8-298--8-300
99-9954 10-18-99 1 8-113
2 8-202
99-9961 1- 3-00 1 42-302
2 42-303
3 42-306
99-9964 1- 3-00 1 Added 6-4~-79
00-9969 2-14-00 1 42-617.1
00-1000 1 10- 2-00 1 38-1
00-10004 11-13-00 1 Added 8-186
2 Added 8-286
00-10005 11-13-00 1 Added 8-508--8-518
00-10010 7- 9-01 1 Added 25-161
00-10011 11-13-00 1 8-17
2 8-21, 8-22
3 Added 8-51-8-59
4 Rpld 8-114-8-120
Added 8-114
5 Rpld 8-214-8-225
Added 8-214
6 Rpld 8-256-8-269
7 Rpld 8-294-8-300
Added 8-294
8 8-383
Rpld 8-384
Rnbd 8-383-8-388
as 8-384-8-387
9 8-407
10 Rpld 8-426-8-429
Rpld 8-436-8-438
Rpld 8-446, 8-447
11 Rpld 8-476-8-499
00-10041 6-25-01 1 8-516
01-10019 1-22-01 1 8-293
01-10021 2-12-01 1 42-303
01-10025 3- 5-01 8-36,8-36.1
Added 8-36.2-8-36.13
Rpld 8-41, 8-42
01-10033 6- 4-01 1 42-69
01-10038 6-18-01 1 Added 25-85
01-10039 6-18-01 1 25-132
01-10043 6-25-01 1 38-1
Supp. No. 16
3510
[The next page is 3547]
e
STATUTORY REFERENCE TABLE
. This table shows the location within this Code, either in the text or notes following the text, of
references to the state law or related matters.
Const. Section
Article Section Subdivision this Code
12 5 App. A,
Chart. Ord. No.2,
U
App. A,
Chart. Ord. No.9,
~ 1(1)
App. A,
Chart. Ord. No. 10,
U
App. A,
Chart. Ord. No. 14,
U
App. A,
Chart. Ord. No. 17,
U
App. A,
Chart. Ord. No. 19,
U
App. A,
e Chart. Ord. No. 20,
U
App. A,
Chart. Ord. No. 22,
U
App. A,
Chart. Ord. No. 23,
U
App. A,
Chart. Ord. No. 24,
U
App.A,
Chart. Ord. No. 25,
U
App. A,
Chart. Ord. No. 28,
U
App. A,
Chart. Ord. No. 29,
U
App. A,
Chart. Ord. No. 30,
U
12 5 3 App. A,
Chart. Ord. No. 15,
~3
. (c) App. A,
Chart. Ord. No.2,
P
App. A,
Chart. Ord. No.9,
e H
Supp. No. 13 3547
SALINA CODE
Const. Section
Article Section Subdivision this Code
App. A.
Chart. Ord. No. 10,
~3
App. A.
Chart. Ord. No. 19,
H
App. A.
Chart. Ord. No. 26,
H
(c)(3) App. A.
Chart. Ord. No. 13,
H
App. A.
Chart. Ord. No. 14,
H
App. A.
Chart. Ord. No. 17,
~8
App. A.
Chart. Ord. No. 20,
~3
(C)(!) App. A.
Chart. Ord. No. 18,
13 5 App. A.
Chart. Ord. No. 13,
U
Section Section
K.S.A. this Code K.S.A. this Code
Ch.3 Ch. 4(note) 10-102 App. A. Chart.
Ch. 3, Art. 7 4-33 Ord. No. 28, ~ 2
3-701 Ch. 42, Art. 10-120 App. A.
XV(note) Chart. Ord. No.2,
3-705(2) Ch. 4, Art. lII(note) ~5
3-707 4-51 12-1, 115 24-5(6)
3-709 42-825 24-9
Ch.8 Ch.38 12-101 2-1
Ch. 8, Art. 19 38-131 Chart. Ord. 26, ~ 1
38-138(b) 12-107 42-806
8-1008 25-53(b)(3) 12-137 Ch. 20(note)
8-1014 25-53(b)(4) Ch. 12, Art. 6a 35-137
8-1566-1568 25-53 Ch. 12, Art. 7 29-21
8-1901(a) 38-131 Ch.12,}uts.41--47 23-1
8-1901(e) 38-132 12-16, 106 13-91(c), 13-114(c)
8-1902 38-133 12-530 et seq. 25-139(3)
8-1903 38-134 12-701 Ch. 29(note)
8-1904 38-135 29-16
8-1908 38-136 Ch. 42(note)
8-1909 38-137 42-737
8-1910 38-138 12-702 29-17-29-20
8-1911 38-135(d) 12-705 36-2(d)(42)
38-135(1) 36-2(d)(63)
8-1911(g) 38-133 36-3
Ch. 8, Art. 20 Ch.38 36-7, 36-8
8-2012 38-7 42-426
8-2118 38-1.1 42-785
Supp. No. 13
3548
e STATUTORY REFERENCE TABLE
Section Section
K.S.A. this Code K.S.A. this Code
. 12-705a-c 36-3 12-1215-12-1235 19-35(6)
12-705a 36-2(d)(63) 12-1215 19-38
12-705b 36-2(d)(63) 12-1222 Ch.19,
12-705c 36-2(d)(63) Art. II(note)
12-707 36-2(d)(70) 19-21
Ch. 42(note) 19-23-19-29
42-426 12-1223 19-30, 19-31
12-707-12-721 42-2 12-1224 19-32-19-34
12-708 Ch.42, 12-1225 19-35
Art. I1(note) 12-1226 19-36, 19-37
45-597.2 12-1227 19-1
12-710 42-426 12-14a05 App. A,
12-712 42-26 Chart. Ord. No.8
12-714 42-597(a) 12-1501 Ch.8,
12-715 42-597(d) Art. VI,
42-597.1 Div. 2(note)
12-716 Ch.29, 12-1617f 24-5(6)
Art. III(note) 12-1617h App.A,
12-716--12-721 29-40 Chart. Ord. No. 17,
12-725 Ch.42, ~3
Art. VIl(note) 12-1675 2-161
12-725-12-733 42-401, 42-409 2-162
12-734 Ch. 15(note) 12-1679 30-18
Ch.42, 12-1697 App.A,
e Art. VIII(note) Chart. Ord. No. 22
42-426 12-1698 App.A,
12-735 42-426 Chart. Ord. No. 22
12-736 42-670, 42-688 12-16,101 App. A,
12-750 8-503 Chart. Ord. No. 22
8-504 12-1740 Ch.11
12-824 App.B, 12-1740--12-1749 App.A,
Art. I, ~ 8 Chart. Ord. No. 14,
App.B, ~2
Art. II, ~ 10 12.1750 et seq. 8-503(b}-(e)
12-825a 41-4 8-504
12-832 35-176 12.1755 8-504
12-833 35-177-35-179 Ch. 12, Art. 18 35-137
12-856--12-868 41-1 12-1811 35-138(d)
12-822 41-24 12-1812 35-138(d)
12-856 App. A, Chart. 12-1814 35-138(d)
Ord. No. 28, ~ 2 12-1901 Ch. 27(note)
12-868 App. A, Chart., 12-2001 App. B(note)
Ord. No. 28 App. B, Art. Iv,
12-1001 Ch.2, U7
Art. III(note) 12-3009 8-36
12-1006 Ch.2, 8-66, 8-67
Art. I1(note) 8-176
12-1008 App. A, 8-281
Chart. Ord. No. 24 8-331
App. A, Chart. 8-381
. Ord. No. 30 14-41
12-1015 Ch.2, 12-3014, 12-3015 1-3
Art. V(note) 12-3014-12-3016 1-1
12-11a03 App. A, 12-3201 Ch. 39(note)
Chart. Ord. No. 17, 12-4101 Ch. 23(note)
~3 12-4112 App.A,
e Ch. 12, Art. 12 Ch. 19(note) Chart. No. 18
App.A,
Supp. No. 14 3549
SALINA CODE
Section Section
K.S.A. this Code K.S.A. this Code
Chart. Ord. No. 18, 17-4742 Ch. l1(note)
~~ 1,2 17-4751 App.A,
Ch. 12, Arts. 41--47 23-1 Chart. Ord. No.2,
13-14a02 App.A, ~5
Chart. Ord. No. 17, 17-4754 App.A,
~3 Chart. Ord. No.2
13-14a05 App.A, App.A,
Chart. Ord. No.7 Chart. Ord. No.2,
13-14a06 App.A, U
Chart. Ord. No.6 17-4756 App. A,
13-14a08 App. A, Chart. Ord. No.2,
Chart. Ord. No.5 ~2
App.A, 21-3101:4621 25-191
Chart. Ord. No. 15 21-3713 1-9
14-436 Ch. 24(note) 21-3739 3-3
13-791 App. A, 21-4102 25-85
Chart. Ord. No.4 21-4106 Ch. 24(note)
13-1017 2-233 21-4107 Ch. 24(note)
App. A, Chart. Ord. Ch.25 Ch. 12(note)
No. 27 Ch. 27, Art. 3 4-16
13-1024a App. A, 4-18
Chart. Ord. No. 13 27-315 Ch.4,
App. A, Art. I1(note)
Chart. Ord. No. 13, Ch.31 Ch. 14(note)
U 31-157 25-151(c)(5)
App. A, Ch.35 38-58
Chart. Ord. No. 23 35-107 1-14
App. A, 36-501 5-116(7),
Chart. Ord. No. 25 5-118, 13-2
App. A, 5-140(13)a., b.
Chart. Ord. No. 29 38-1501 et. seq. 21-19
13-1108--13-1114 36-3 38-1502(a) 21-19
13-1417 14-58 38-1527 21-19
13-1441 App.A, 38-1542 25-63(a)(3)
Chart. Ord. No. 17, 25-97(a)(4)
~3 38-1543 25-63(a)(3)
13-2105 2-107 25-97(a)( 4)
13-2106 2-1 38-1563 25-97(a)( 4)
13-14100 App.A, Ch. 40, Art. 17 14-22, 14-23
Chart. Ord. No. 17, 40-1701 Ch.14,
~3 Art. II(note)
14-10a02 App. A, 40-2305 App. A,
Chart. Ord. No. 17, Chart. Ord. No. 17,
~3 ~3
16-706 Ch.33, 40-2404 8-506
Art. II(note) 40-3901 et seq. 8-500
16-707 App.A, Ch.41 Ch. 5(note)
Chart. Ord. No. 11 Ch. 41, Arts. 1-11 5-16(4)
App. A, 5-23
Chart. Ord. No. 12 5-36
App.A, 41-102 5-16
Chart. Ord. No. 19 41-104 5-17
App. A, 41-105 5-17
Chart. Ord. No. 19, 41-301 Ch. 5, Art. II,
U Div. 2(note)
17-1301 Ch. 9(note) Ch. 5, Art. II,
17-2336 Ch. 18(note) Div. 3(note)
41-310 5-38
Supp. No. 14 3550
e STATUTORY REFERENCE TABLE
Section Section
K.S.A. this Code K.S.A. this Code
. 41-407 5-17(a)(1) 41-2708 5-102-5-104
5-23 Ch. 44, Art. 10 5-146(8)
41-501 5-16(8) 44-1001 Ch. 13(noOO)
41-712 5-18 44-10 19(f)( 1) 13-85(c), 13-107
41-713 5-19 45-205:214 2-170
5-20 45-218 App. B, Art. IV,
41-715 5-124 ~ 3(d)
41-718 5-22 45-221(12), (18) App.B,
41-719 5-24 Art. IV, ~ 3(d)
App. A, Ch.48 Ch. 10(noOO)
Chart. Ord. No. 14 48-904 Ch. 10(noOO)
App. A, 48-929 10-17
Chart. Ord. No. 14, 50-619 Ch.33,
P Art. I1I(note)
41-803 5-26 50-623 et seq. 28-13(8)
5-119(a)(1), (3), (4) 50-640 28-13(9)
41-804 5-23 Ch.55 Ch. 26(note)
41-805 5-120 Ch. 58, Art. 10 32-1
41-1103 5-17(a)(1) 58-2001 36-92(a)(7)
Ch. 41, Art. 26 5-16(12) 58-2011 25-99(6)
5-17(a)(7) 60-1607 25-63(a)(3)
5-26 25-97(a)( 4)
5-146(2) 60-3105 25-63(a)( 1)
41-2601 Ch.5, 60-3106 25-63(a)( 1)
Art. IV(note) 25-97(a)( 4)
e 5-116-5-118 60-3107 25-63(a)( 1)
41-2602 5-119 25-97(a)(4)
41-2603 5-119 60-3107(a)(1), (2) 25-63(a), (b)
41-2604 5-120 60-3405(c) 34-91
41-2610 5-121 Ch.65 Ch. 17(note)
5-146(5) Ch. 65, Art. 6 Ch. 16(noOO)
41-2611 5-146 65-205 Ch.17,
41-2612 5-144 Art. lI(note)
41-2613 5-122 65-170(c) 41-221
41-2614 5-123 68-2231 Ch. 3(noOO)
41-2615 5-124 Ch. 8, Art. Xl(note)
41-2619 5-125 74-4920 App.A,
41-2620 5-136 Chart. Ord. No. 17,
41-2622 5-139 ~3
41-2623 5-140 74-4967 App. A,
41-2627 5-142 Chart. Ord. No. 17,
Ch. 41, Art. 27 5-102(2) ~3
41-2701 Ch.5, 75-1120(a) App. A,
Art. I1I(noOO) Chart. Ord. No. 20
5-66 75-1211 Ch. 22(note)
41-2702 Ch. 5, Art. III, 75-1226-75-1232 22-17(a)
Div. 2(noOO) 42-226(12)
5-92, 5-93 77-201 1-2
App. A, 78-111 2-66
Chart. Ord. No. 10 Ch. 79, Art. 50 App.A,
. App. A, Chart. Ord. No. 17,
Chart. Ord. No. 10, ~3
P 79-340 42-221(3)d.
41-2703 5-94 79-1951 App.A,
5-96 Chart. Ord' No. 1
41-2704 5-67 App. A,
e 5-69---5-72 Chart. Ord. No.3
41-2706 5-81(b)(2) App.A,
Supp. No. 15 3551
K.S.A.
79-3321(m), (n)
79-3608
79-3837
79-5001-79-5016
79-5011
80-1502
K.A.R.
28-1-6
28-16-28b-f
28-16-94
28-36-20-28-36-29
Supp. No. 15
SALINA CODE
Section
this Code
Chart. Ord. No.9
25-181(a)(5)
App.A,
Chart. Ord. No. 19,
U
5-81(0
5-81(g)(2)
App.A,
Chart. Ord. No. 17,
~2
App. A,
Chart. Ord. No. 16
App. A,
Chart. Ord. No. 17
App.A,
Chart. Ord. No. 17,
~ 1
14-1(a)
Section
this Code
6-47
41-153
41-221
16-13
3552
[The next page is 3577]
e
A
.
ABANDONMENT
Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inoperable vehicles .....................
See: TRAFFIC
ACCESSIBILITY ADVISORY BOARD
Appointment and terms . . . . . . . . . . . . . . . . .
Compensation. . . . . . . . . . . . . . . . . . . . . . . . . .
Creation ...... . . . . . . . . . . . . . . . . . . . . . . . . .
Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership. . . . . . . . . . . . . . . - _ - . . . . . . . . . .
Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quorum. . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . .
ACCIDENTS
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATION
Wounds inflicted by firearms or weapons
Unlawful failure to report. . . . . . . . . . . . .
e
ADMINISTRATION
Administrative departments. . . - . . . . . . . . .
See: DEPARTMENTS AND OTHER
AGENCIES OF CITY
Board of commissioners . . . . . . . . . . . . . . . . .
See: BOARD OF COMMISSIONERS
Boards and commissions ................
See: BOARDS, COMMITTEES AND
COMMISSIONS
City manager. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: CITY MANAGER
Finances. See also that subject
Change funds. . . .. . . . _ .. . . . .. . . . . . - - .
Petty cash funds . . . . . . . . . . . . . . . . . . . . .
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See specific subjects
Officers and employees. . . . . . . - . . . . . . . . . .
See: OFFICERS AND EMPLOYEES
ADMINISTRATIVE PROCEEDINGS
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATION
ADULT-ORIENTED BUSINESSES
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deleterious secondary effects . . . . . . . . . . . .
License
Applications .............. . . . . . . . . . . .
Application processing . . . . . . . . . . . . .
Examination of . . . . . . . . . . . . . . . . . . - .
Classification and fees. . . . . . . . . . . . . . . .
Disapproval. . . . . . . . . . . . . . . . . . . . . . . . . .
Limited to one type of adult use. . . . . . .
Managers, servers and entertainers. . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ineligibility and disqualification. . . . . . .
Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Renewal. . . . . . . . . . . . . . _ . . . . . . . . . . . . . .
.
e
Supp. No. 15
Section
CODE INDEX
7-46
38-81 et seq.
2-227
2-228
2-225
2-229
2-226
2-230
2-232
2-231
2-76 et seq.
25-159
2-96 et seq.
2-21 et seq.
2-136 et seq.
2-36 et seq.
2-241
2-240
2-1 et seq.
2-51 et seq.
2-76 et seq.
6-47
6-46
6-58
6-59
6-60
6-56
6-60
6-57
6-55
6-54
6-62
6-60
6-61
ADULT-ORIENTED BUSINESSES (Cont'd.)
Suspension, revocation, nonrenewal or
appeal......................... .
Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
License; suspension, revocation,
nonrenewal or appeal. ., . . ... . . . .
Standards of operation . . . . . . . . . . . . . . . . . .
Inspections ....... . . . . . . . . . . . . . . - . . . .
License posting or display. . . . . . . . . . . . .
Manager on premises. . . . . . . . . . . . . . . . .
Regulations by city manager. . . . . . . . . .
Zoning regulations
Defined........................ ......
Locations. . . . . . . . . . . . . . . . - . . . . . . . . . . .
ADVERTISING
Curb marking license or permit
Public disclaimed. . . . . . . . . . . . . . . . . . . . .
Equal opportunity, affirmative action
Recruiting and advertising. _ . . . . . . . . . .
Going out of business sales
Goods which may be advertised .......
Handbills, circulars and similar advertis-
ing matter
Distributing; placing on or in motor ve-
hicles. . . . . . . . . . . . . . . . . . . . . . . . . . .
Posting on utility poles; public or private
Throwing, scattering on private prop-
erty........................... .
Lawfully posted advertising
Damaging, defacing, etc. . . . . . . . . . . . . . .
Loudspeakers and sound trucks
Licenses, required. . . . . . . . . . . . . . . . . . . .
Prohibited hours of operation. . . . . . . . . .
Offering animals as prizes or business in-
ducements ................ . . . . . . . .
Sign code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: SIGN CODE
. Utility poles; public or private property
Posting advertising, etc., on . . . . . . . . . . .
Zoning requirements; signs. . . . . . . . . . . . . .
See: ZONING
ADVISORY BOARDS. See: BOARDS, COM-
MITTEES AND COMMISSIONS
AFFIRMATION. See: OATH,AFFIRMATION,
SWEAR OR SWORN
AFFIRMATIVE ACTION. See: EQUAL OP-
PORTUNITY AND AFFIRMATIVE AC-
TION
AGENCIES OF CITY. See: DEPARTMENTS
AND OTHER AGENCIES OF CITY
AGREEMENTS. See: CONTRACTS AND
AGREEMENTS
AGGRESSIVE BEGGING/SOLICITING
Provisions re . . . . . . . . . . . . . . . . . . . . . . . . . . .
3577
Section
6-73
6-79
6-73
6-65
6-68
6-66
6-67
6-69
42-617.1
42-67
35-109
13-147
32-16
3-1
3-3
3-2
3-4
3-5
3-6
7-73
8-381 et seq.
3-3
42-501 et seq.
25-142
AGGRESSIVE PEDDLING OR SOLICITING
Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AIDING AND ABETTING
Escape, aiding. . . . . . . . . . . . . . . . . . . . . . . . . .
Unlawful. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AIR CONDITIONING
Permits, water conservation, etc.. . . . . . . . .
See: WATER AND SEWERS
Technical codes. See that subject
AIR GUNS. See: FIREARMS AND WEAP-
ONS
AIR RIFLES. See: FIREARMS AND WEAP-
ONS
AIRPORTS AND AIRCRAFT
Airport authority
Board of directors. . .. _ .. . . . . . . . . . .. . .
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules and regulations .... . . . . . . . . . . . .
Statutes, authority subject to. . . . . . . . . .
Airport zoning commission
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership . . . . . . . . . . . . . . . . . . . . . . . . .
Airport zoning district. . . . . . . . . . . . . . . . . . .
See: ZONING
Police power extended over airport. . . . . . .
ALARMS
False alarm, giving. . . . . . . . . _ . . . . . . . . . . .
Smoke detectors
Housing provisions reo . . . . . . . . . . . . . . . .
ALCOHOLIC BEVERAGES
Alcoholic liquor
Consumption in public places . . _ . . . . . .
Charter ordinance No. 14.. . . . . . . . . .
Salina Bicentennial Center. . . . . . . . .
Definitions. _. . .... .. . . .... .. . . . . . .. ..
Distributor's licenses
State prerequisite to city license. . . .
Tax levied. . . . . . . . . . . . . . . . . . . . . . . . .
Violations, penalties. . _ . . . . . . . . . . . . .
Employment of certain persons prohib-
ited ......... ....... ............
Exceptions. . . . . . . . . . . . . _ . . . . . . . . . . . . .
General prohibition. . . . . . . . . . . . . . . . . . .
Minors
Employment. . . . . . . . . . . . . . . . . . . . . . .
Mixing drinks on retailer's premises. . .
Open saloons. . . . . . . . . . . . . . . . _ _ _ _ . . . . .
Original packages
Sale required only in. . . . . . . . . . . . . . .
Possession. . . . . . . . . _ . _ . . . . . . . . . . . . . . .
Premises, on. . . . . . . . . . . . . . . . . . . . . . .
Retail dealers
Employment of certain person prohib-
ited......... _................
Retail sales; days and hours. . . . . . . . . . _
Supp. No. 15
Section
SALINA CODE
28-30
25-114
25-157
41-51 et seq.
4-17
4-16
4-19
4-18
4-31
4-33
4-32
42-815 et seq.
4-1
25-139
18-22, 18-81
5-24
App.A
5-25
5-16
5-51
5-52
5-53
5-20
5-17
5-17
5-20
5-19
5-26
5-22
5-23(2)
5-70
5-20
5-18
ALCOHOLIC BEVERAGES (Cont'd.)
Retailer's license
Penalty for failure to have. . . . . . . . . .
State retailer's license
Prerequisite to city license . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . .
Tax levied. . . . . . . . . . . . . . . . . . . . . . . . .
Retailer's premises; mixing drinks on . .
Salina Bicentennial Center
Consumption in. . . . . . . . . . . . . . . . . . . .
Salina Community Theatre
Consumption in. . . . . . . . . . . . . . . . . . . .
Transportation....... ................
Cereal malt beverages
Alcoholic liquor
Possession of on premises . . . . . . . . . .
Brewers, manufacturers, etc.
Restrictions re........ ... ..........
Consumption; hours, days of . . _ . . . . . . .
Consumption in public places
Charter ordinance No. 14. . . . . . . . . . .
Defmitions..................... ......
Disorderly conduct . . . . . . . . _ . . . . . . . . . .
Distributors, wholesalers, etc.
Restrictions re. . . . . . . . . . . . . . . . . . . . .
State license required. . . . . . . . . . . . . .
Employees
Licensee responsible for acts of . . . . .
General cleanliness and sanitation of
premises. . . . . . . . . . . . . . . . . . . . . . . .
Hours, days of sale and consumption ..
Inspection of premises. . . . . . . . . . . . . . . .
Intoxication. . . . . . . . . . . . . . . . . . . . . . . . . .
Licensee
Responsible for employee acts. . . _ . . .
Licenses
Charter ordinance No. 10. _.... _ _...
Committing act that is grounds for
revocation. . . . . . . . . . . . . . . . . . . .
Retailer's license. See within this sub-
heading that subject
Minors
Furnishing to. . . . . . . . . . . . . . . . . . . . . .
Loitering. . . . . . . . . . . . . . . . . . . . . . . . . .
Misrepresenting age ... . . . . . . . . . . . .
Place of business open to police and
public . . . . . . . . . . . . . . . . . . . . . . . . . .
Police, premises open to ..............
Public streets, consuming on _ . . . . . . . . .
Retailer's license
Applications. . . . . . . . . . . . . . . . . . . . . . .
Acceptance of regulations, consti-
tutes . . . . . . . . . . . . . . . . . . . . . .
Journal to show action on. . . . . . . .
Contents. _ _ . . . . . . . . . . . . . . . . . . . _ _ . _
Examination.. . .. . . . .. . . . .. .. . .. . .
Fees. .............................
Investigations . . . . . . . . . . . . . . . . . . . . .
Issuance . . . . . . . . . . . . _ . . . _ _ . . . . . . . .
Persons not entitled to . . . . . . . . . . . _ .
3578
Section
5-39
5-37
5-36
5-38
5-19
5-25
5-25
5-23(1)
5-70
5-81
5-67
App.A
5-66
5-75
5-81
5-80
5-76
5-77
5-67
5-78
5-75
5-76
App.A
5-74
5-71
5-73
5-72
5-69
5-69
5-68
5.92
5-98
5-97
5-101
5-96
5-93
5-96
5-96
5-94
e
.
ALCOHOLIC BEVERAGES (Cont'd.)
Posting. . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibited zones. . . . . . . . . . . . . . . . . . .
e
.
e
Supp. No. 15
CODE INDEX
Section
Section
5-100
5-95
3578.1
e
.
ALCOHOLIC BEVERAGES (Cont'd.)
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation
Appeals. . . . . . . . . . . . . . . . . . . . . . . . .
Committing act that is grounds for
Notice, grounds.................
Relicensing after . . . . . . . . . . .. . . ..
Transferability.................... .
Zone requirements. . . . .. . . . . . . . . . . .
Sales; hours, days of. . . . . . . . .. . . .. . . ..
Samples of product for analysis. . . . . . . .
Wholesalers, distributors
State license required. . . . . . . . . . . . . .
Clubs. See herein: Private Clubs
Incapacitated or intoxicated persons
Sales to; penalties. . . . . . . . . . . . . . . . . . . .
Minors
Alcoholic liquor
Employment. . . . . . . . . . . . . . . . . . . . . . .
Alcoholic liquor, furnishing. . .. . . . . . .. .
Cereal malt beverage ..............
Cereal malt beverages
Furnishing to. . . . . . . . . . . . . . . . . . . . . .
Loitering. . . . . . . . . . . . . . . . . . . . . . . . . .
Misrepresenting age .. .. .... .. .. ...
Private clubs; consumption prohibited .
Purchase or consumption by; penalty . .
Private clubs
Class A clubs. . . . . . . . . . . . . . . . . . . . . . . . .
Class B clubs . . . . . . . . . . . . . . . . . . . . . . . .
Consumption of alcoholic liquor autho-
rized .. .. .. .. .. .. .. .. .. .. .. .. .. .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Drinking establishments
Business regulations. . . . . . . . . . . . . . .
Licenses
Fees.... .... ....... .......... ...
Required. . . . . . . . . . . . . . . . . . . . . . . .
Violation; penalty. . . . . . . . . . . . . . . . . .
Hours of operation ...................
Inspection; city's right of. . . . . . . . .. . .. .
Licenses
Applications..................... ..
Application to one premise. . . . . . .
Contents. . . . . . . . . . . . . . . . . . . . . . . . . .
Drinking establishments. See herein
that subject
Issuance, restrictions barring.... . ..
Posting ..... . .. . .. .. .. . .. .. . .. .. ..
Required. . . . . . . . .. . . . .. . . .. . .. . . ..
State license required. . . . . . . . . . . . . .
Suspension or revocation. . . . . . . . . . .
Tax levied. . . . . . . .. . . . . . . . . . . .. . . ..
Minors; consumption prohibited . . . . . . .
Nonlicensed clubs, search of. . . . . . . . . . .
Regulations governing licensees . . . . . . .
Search of nonlicensed clubs . . . . . . . . . . .
Violations on property
Responsibility, abatement ... . . . . . . .
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e
Supp. No. 13
Section
CODE INDEX
5-91
5-103
5-74
5-102
5-104
5-99
5-95
5-67
5-79
5-80
5-21
5-20
25-81
25-82
5-71
5-73
5-72
5-124
5-1
5-117
5-118
5-119
5-116
5-149
5-148
5-147
5-150
5-123
5-122
5-137
5-142
5-145
5-140
5-144
5-136
5-138
5-146
5-139
5-124
5-125
5-121
5-125
5-120
ALCOHOLIC BEVERAGES (Cont'd.)
Retailer's license. See herein specific sub-
jects
ALLEYS
Business improvement district
Use of air space above alleyways within
Fences, walls, hedges, etc. . . . . . . . . . . . . . . .
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Street dermed re........................
Public ways generally. See: STREETS
AND SIDEWALKS
Subdivision regulations .................
See: SUBDMSIONS
Zoning generally.. . . . . . . . . . . .. .. . . . . . .. .
See: ZONING
AMUSEMENTS AND ENTERTAINMENT
Carnivals, etc. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: CARNIVALS, CIRCUSES AND
TENT SHOWS
Equal opportunity, affirmative action. . . . .
Loitering or trespassing on grounds of. . . .
ANIMALS AND FOWL
Abandoning animals .. .. .. .. . .. . .. . .. .. .
Administration. See herein specific sub-
jects
Adoption of animals
Procedure, fees, etc. ..................
Animal protection responsibilities of all
persons
Birds; killing or molesting . . . . . . . . . . . .
Chicks, baby rabbits, etc.
Coloring and selling................
Cruelty, generally . .. .. .. . .. . .. .. . .. ..
Motor vehicles striking animals, reports
Offering animals as prizes or business
inducements . . . . . . . . . .. . . .. . .. ..
Poison, exposing animals to . . . . . . . . . . .
Responsibilities of persons owning ani-
mals. See herein that subject
Retention of animals unlawful. . . . . . . . .
Selling of certain animals prohibited. . .
Spring steel traps restricted. . . . . . . . . . .
Animal shelter
Impoundment of animals .............
Impoundment. See herein that sub-
ject
Animals in public buildings
Prohibited; exemption . . . . . . . . . . . . . . . .
Automobiles. See herein: Motor Vehicles
Bees, keeping. . . . . . . . . . . . . . . . . . . . . . . . . . .
Birds; killing or molesting. . . . . . . . . . . . . . .
Cats. See herein: Dogs and Cats
Chicken coop, location...................
City manager; administrative duties re' . .
City-county board of health. . ............
See: HEALTH AND SANITATION
3579
Section
35-40.1
8-401 et seq.
1-2(23)
36-1 et seq.
42-1 et seq.
6-16 et seq.
13-72
25-136
7-46
7-140
7-77
7-74
7-71
7-72
7-73
7-75
7-78
7-74
7-76
7-136 et seq.
7-55
7-34
7-77
7-33
7-16
17-16 et seq.
ANIMALS AND FOWL (Cont'd.)
Commercial animal establishment
Licensing
Applications. . . . . . . . . . . . . . . . . . . . . . .
Denial . .. . .. .. .. .. .. .. . .. . .. .. .. ..
Expiration. . . . . .. . .. . .. . . . . . .. . . .. .
Fees, exemptions ..................
Procedure. . . . . . . . . . . . . . . . . . . . . . . . .
Iteinstatement.....................
Itenewal ..........................
Itequired .. . . . . . . . . . . . . . . . . . . . .. . . .
Itevocation ..... . . . . . . . . .. . . . . . . . . .
~sferabili~.....................
Cruelty to animals
Animal protection. . . . . . .. . . . . . . . . . .. .
Animal protection responsibilities of
all persons. See herein that sub-
ject
Persons owning animals, responsibili-
ties............................ .
Dangerous animals. See herein: Vicious,
Dangerous Animals
Dead animals; removal and disposal. . . . . .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Diseases, duties of health officer. . . . . . . . .
Dogs and cats
Adoption of animals, procedure and fees
Dangerous or vicious dogs. . . . . . . . . . . . .
Feces; removal and disposal. . . . . . . . . . .
Impoundment. . .. . . . . . .. . . . .. .. .. . .. .
Impoundment. See herein that sub-
ject
Police dogs, interference with .........
Public buildings, animals in
Prohibited; exemption. . . . . . . . . . . . . .
Rabies vaccination
Collar and tag to be worn by animal
Domestic animals, generally. . . . . . . .
Health officer, duties. . . . . . . . . . . . . . .
Procedure for adopting animals. . . . .
Itegistration, annual; required, exemp-
tion . .. .. .. .. .. .. .. .. . .. .. . .. .. .
Itegistration of. . . . .. . . . . . . . .. . . . . . .. .
Itegistration of cats and dogs. See
herein that subject
Itesponsibilities of persons owning ani-
mals. . . . . . . . . . . .. . . . . . . . . . .. . . . .
Itesponsibilities of persons owning an-
imals. See herein that subject
Sick or injured, emergency treatment. .
Dogs. See herein: Cats and Dogs
Dwellings
Location of yard housing for animals. . .
Emergency treatment, when. . . . . . . . . . . . .
Enforcement. See herein specific subjects
Euthanasia required, when. . . . . . . . . . . . . .
Fighting of animals. . . . . . . . . . . . . . . . . . . . .
Health officer, enforcement procedure .. . .
Hobby breeders license..................
Supp. No. 13
Section
SALINA CODE
7-117
7-122
7-121
7-118
1-119
7-122
7-121
7-116
7-122
7-120
7-71 et seq.
7-46 et seq.
7-2
7-1
7-18
7-140
7-5
7-56
7-136 et seq.
25-122
7-55
7-47
7-54
7-18
7-140
7-53
7-91 et seq.
7-46 et seq.
7-3
7-33
7-3
7-46
7-71
7-19
7-102
ANIMALS AND FOWL (Cont'd.)
Impoundment
Adoption of animals
Procedures and fees.... .... ....... .
Animal care requirements ............
Notification of capture and impound-
ment ........... ................
Period for holding animals. . . . . . . . . . . .
Itecovery of animals
Procedures and fees. .. . .. . . . . . .. . . .
Violations
Owner of impounded animal may be
processed, etc. . .. . . .. . . . . . . . . .
Killing, beating, cruel treatment. . . . . . . . .
Killing or molesting birds ...............
Licenses
Commercial animal establishments. . . .
Commercial animal establishments.
See herein that subject
Dogs and cats. See herein that subject
Hobby breeders license . .. . .. .. .. .. .. .
Motor vehicles
Leaving animals unattended in........
Striking animals, reports . . . . . . . . . . . . .
Overloading, overworking .. . . . . . . . . . . . . .
Owning animals, restrictions on
Bees, keeping. . . . . . . . . . . . . . .. . .. .. . . .
Number of animals; limitations, exemp-
tions .............. .. .. .. .. . .. ..
Prohibited owning; exemptions. . . . . . . .
Itesponsibilities of persons owning ani-
mals. . .. .. .. . .. . . .. .. . . . . . . .. . . .
Itesponsibilities of persons owning an-
imals. See herein that subject
Yard housing for animals, location. . . . .
Parks; flowers, plants, etc.
Animals destroying.. . .. . . . . . . . .. .. . . .
Permits
Beekeeping permits .. .. .. . .. .. .. .. .. .
Licenses. See herein that subject
Pests; health officer, duties . . . . . . . . . . . . . .
Pigeon cote, location .... . . . . .. . . .. . . . . . .
Poison, exposing animals to. . . . . . . . . . . . . .
Police chief, enforcement procedure . . . . . .
Police department
Canine operations. . .. . . . .. . . . . . . .. .. .
See: POLICE DEPARTMENT
Duties.............................. .
Enforcement procedure . . . . . . . . . . . . . . .
Police dogs, interference with. . . . . . . . . . . .
Protection
Animal protection .. .. . .. .. . .. . .. .. .. .
Animal protection responsibilities of
all persons. See herein that sub-
ject
Itesponsibilities of persons owning ani-
mals. .. . . . .. . . .. .. . .. . . . . .. . . . . .
Rabbit hutch, location......... ... .. .....
Rabies vaccination. See herein: Dogs and
Cats
3580
Section
7-140
7-46
7-136
7-138
7-139
7-137
7-71
7-77
7-116 et seq.
7-102
7 -46(a)(3)
7-72
7-71
7-34
7-32
7-31
7-46 et seq.
7-33
27-17
7-34
7-18
7-33
7-75
7-19
30-1 et seq.
7-17
7-19
25-122
7-71 et seq.
7-46 et seq.
7-33
e
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ANIMALS AND FOWL (Cont'd.)
Registration of cats and dogs
Certificates
Receipt constitutes certificate of reg-
istry .. . . . . . .. .. .. . .. .. . . .. . . .
Denial, revocation, reinstatement. . . . . .
Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . .
Fees, exemptions.....................
Hobby breeders, licenses. . . . . . . . . . . . . .
Household, head of; registered in name
of............................. .
Licenses
Denial, revocation, reinstatements . .
Hobby breeders. . . . . . . . . . . . . . . . . . . .
Issuance. . .. .. .. . . .. . .. .. .. . .. . . . .
Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duplicate records, city clerk to pro-
vide......................... .
~aintenance ......................
Registry certificates
City clerk
~aintain file of . .. .. . .. .. . .. .. . .
Provide duplicate records to super-
visor. .. . .. . .. . .. . .. .. . . . ..
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tags.................................
Veterinarians
Registration assistance by . . . . . . . . . .
Responsibilities of persons owning animals
Animal bites
Duty to report dog bites. . . . . . . . . . . .
Animal care requirements ............
Animal cruelty, prevention and prohibi-
tion .. . .. . .. .. .. . .. .. .. .. .. .. . ..
Animal yard structures and pens
Proper maintenance. . . . . . . . . . . . . . . .
Barking, howling, mewing, ete. . . . . . . . .
Cats and dogs
Proper identification required. .. ....
Cats and dogs in heat
Proper confinement. . . . . . . . . . . . . . ..
Damaging public or private property. . .
Excrement, feces deposits, ete.. . . . . . . . .
Guard dogs
Posting of premises ................
Special registration . .. .. . . .. .. . .. ..
Health or well being of persons
Conditions threatening or endanger-
ing.......................... .
~olesting, attacking, injuring persons,
ete.. . .. .. . . . . . . . .. . . . . . . . . . . . . . .
Noise, excessive re ...................
Nuisance animals . . . . . . . . . . . . . . . . . . . .
Running at large . . .. . . . . . . . . . . .. .. . ..
Scattering bagged refuse. . . . . . . . . . . . . .
Retention of animals unlawfully . . . . . . . . .
Sick or injured cats and dogs
Emergency treatment.................
Spring steel traps... .... ................
e
.
e
Supp. No. 13
Section
CODE INDEX
7-96
7-103
7-90,7-93
7-93
7-102
7-97
7-103
7-102
7-95
7-94
7-99
7-101
7-100
7-100
7-101
7-91
7-98
7-99
7-57
7-46
7-46
7-58
7-50
7-47
7-51
7-49
7-49
7-52
7-52
7-49
7-49
7-50
7-49
7-48
7-49
7-78
7-3
7-76
ANIMALS AND FOWL (Cont'd.)
Thrmenting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vicious, dangerous animals
Dogs ................................
Limitations on keeping . . . . . . . . . . . . . . .
Violations
Health officer, police officers, ete.
Enforcement procedures. . . . . . . . . . . .
Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wlld animals
Carnivals, ete. .......................
See: CARNIVALS, CIRCUSES AND
TENT SHOWS
Vicious or dangerous animals, keeping.
Zoning generally........................
See: ZONING
Zoonosis control; health officer, duties. . . .
ANNEXED LANDS
Certain provisions saved from repeal. . . . .
Zoning .. . .. . . . . . . . . . .. .. . . . . . . . . .. . . . . .
ANTICIPATORY OFFENSES
Attempt; conspiracy.....................
APIARY
Keeping of bees...... .... ..... . .........
APPEALS
Building codes advisory and appeals board
See: BUILDING CODES ADVISORY
AND APPEALS BOARD
Cereal malt beverage license revocation ..
Flood prevention and control ............
Housing advisory and appeals board .....
See: HOUSING
Peddlers and solicitors; licenses and per-
mits .... .. .. . .. .. . . .. . . . .. . .. . . .. .
Trees and shrubs; licensing and regula-
tions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
APPROPRIATIONS. See: FINANCES
ARRESTS
Resisting. .. . . . . . .. . . . . . . . . . . . . . . . . . .. ..
Restraintun1awful......................
ARTERIALS
Access to arterials. . . . . . . . . . . . . . . . . . . . . .
ARTS AND HU~ITIES CO~ISSION
Director of arts .........................
Duties and powers. . . . . . . . . . . . . . . . . . . . . .
Established. . . .. . . . . . .. . . . . . . . . . . . . . . . . .
~embership; appointment, term . . . . . . . . .
Organization . . . . . . . . . . . . . . . . . . . . . . . . . . .
ASSAULT
Persons, offenses against. . . . . . . . . . . . . . . .
ASSEMBLIES
Unlawful assembly.... . . . .. . .. .. . ... .. ..
Remaining at . . . . . . . . . . . . . . . . . . . . . . . .
3581
Section
7-71
7-5
7-31 et seq.
7-19
7-4
6-16 et seq.
7-31
42-1 et seq.
7-18
1-5
42-7
25-41, 25-42
7-34
8-16 et seq.
5-103
15-21
18-41 et seq.
28-78
39-112
25-56
25-62
36-74(d)
2-165
2-164
2-161
2-162
2-163
25-54, 25-55
25-133
25-134
ASSESSMENTS
Certain provisions saved from repeal. . . . .
Nuisance abatement costs. . . . . . . . . . . . . . .
Snow and ice removal. .. . . . . . .. . . . . . . . . .
Transient guest tax . .. . . . . . . . . . . . . . . . . . .
See: TRANSIENT GUEST TAX
ASSOCIATIONS
Person defined re . . . . . . . . . . . . . .. . . . . . . . .
Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ATTORNEYS
Bail bond agents and companies, attorney
referral re.........................
City attorney and assistants. . . . . . . . . . . . .
See: CITY ATTORNEY
City attorney. See that subject
AUCTIONS AND AUCTIONEERS
Going out of business sales..............
See: GOING OUT OF BUSINESS SALES
New goods, auction of. . . . . . . . . . . . . . . . . . .
AUDITORIUMS
Assemblies regulations. See: ASSEMBLIES
Salina Bicentennial Center
Consumption of alcohol in. . . . . . . . . . . . .
AUTOMOBILES. See: MOTOR VEHICLES
AND OTHER VEHICLES
AVENUES
Street defined reo . . . . . . . . . . . . . . . . . . . . . . .
Public ways generally. See: STREETS
AND SIDEWALKS
B
BAIL BOND AGENTS AND COMPANIES
Attorneyreferrals.......................
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District court
Entering, loitering, soliciting business
at............................. .
Insurance agent/company; registration .. .
Insurance bonds; forfeited. . . . . . . . . . . . . . .
Licenses
Agent license
Applications. . . . . . . . .. . . . .. . . .. . . . .
Notification of certain events . . . . . . .
Photo-identification badge. . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
Application of general mles regarding
licenses........................ .
Company license
Applications. . . . . . . . .. .. . . . . .. . . . . .
Irrevocable letter of credit. . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
Examination of applications; denial or
issuance. . . . . . . . . . . . . .. . . . . . . . . .
Fingerprinting .......................
Supp. No. 13
Section
SALINA CODE
1-5
24-9
35-254
37-16 et seq.
1-2(16)
42-616(bX3)
23-18
2-106 et seq.
32-16 et seq.
32-1
5-25
1-2(23)
23-18
23-16
23-17
23-35
23-36
23-24
23-28
23-27
23-23
23-37
23-21
23-22
23-20
23-25
23-26
BAIL BOND AGENTS AND COMPANIES
(Cont'd.)
List of licensees and fee schedules; post-
ing. . .. . . . . . . .. . . . . . .. .. . .. . .. . .
Revocation or suspension
Administrative ....................
Appeals. . . . . .. . . . . .. . . . . . . .. . .. . . .
By board of city commissioners .....
Judicial . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice, hearing, and decision .. . . . . .
Municipal court
Entering, loitering, soliciting business
at .. . .. . .. .. . .. .. .. . . . .. . . . . . . . .
Police department
Entering, loitering, soliciting business
at . .. . . .. .. . . .. . . .. . .. .. . . . . . . ..
Referral of bail bond business for compen-
sationprohibited...................
Saline County jail
Entering, loitering, soliciting business
at............................. .
BAND
Charter ordinance No.8. . . . . . . . . . . . . . . . .
BANKRUPT SALES
Going out of business sales..............
See: GOING OUT OF BUSINESS SALES
BARRICADES
Removal, interfering with .. . . . . . . . . . . . . .
Using sidewalk or paving protected by ...
BARS AND SALOONS
Alcoholic beverage regulations. . . . . . . . . . .
See: ALCOHOLIC BEVERAGES
BATTERY
Persons, offenses against. . . . . . . . . . . . . . . .
See: PERSONS, OFFENSES AGAINST
BB GUNS. See: FIREARMS AND WEAPONS
BEER. See: ALCOHOLIC BEVERAGES
BEES
. Keeping................................
BELL TELEPHONE
Franchises, Art. IV of App. B
BENCH MARKS
Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BETTING. See: GAMBLING
BEVERAGES
Alcoholic beverages. . .. . . . .. . . . . . . . . .. . .
See: ALCOHOLIC BEVERAGES
Food and food handlers, establishments . .
See: FOOD AND FOOD HANDLERS
BICENTENNIAL CENTER. See: SALINABI-
CENTENNIAL CENTER
3582
Section
23-34
23-30
23-33
23-31
23-29
23-32
23-17
23-17
23-19
23-17
App.A
32-16 et seq.
35-4
35-5
5-16 et seq.
25-51 et seq.
7-34
35-21
5-16 et seq.
16-11 et seq.
e
.
BICYCLES
Duties when riding bicycle on sidewalk. . .
Police to take up vehicles, bicycles or other
devices........................... .
Riding human powered wheeled devices on
publicly and privately owned prop-
erty............................. ..
Riding in Salina Business Improvement
District No. 1 and on publicly and
privately owned property. . . . . . . . . . .
Traffic generally. . . . . . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
BIGOTRY. See: DISCRIMINATIo.N
BILLBo.ARDS. See: SIGN Co.DE
BIRDS. See: ANIMALS AND Fo.WL
BLIND PERSo.NS. See: DISABLED PER-
So.NS
BLo.CKS
Block corners, monuments. . . . . . . . . . . . . . .
Blocks, requirements. . . .. . . . . . .. . .. . . . . .
Zoning generally. . . . . . . . . . . . . . . . . . . . . . . .
See: Zo.NING
Bo.ARD o.F Co.MMISSIo.NERS
Action of zoning amendments. . . . . . . . . . . .
City manager plan of government, adopted
Definitions re general Code interpretation
Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ELECTIONS
Equal opportunity, affirmative action. . . . .
See: EQUAL o.PPo.RTUNITY AND AF-
FIRMATIVE ACTION
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATIo.N
Journal of commission actions
Retail license application to be shown. .
Salaries of members ...... . . . . . . . . . . . . . .
e
.
BOARDINGHOUSES. See: HOTELS, Mo.-
TELS, ETC.
Bo.ARDS, Co.MMITTEES AND Co.MMIS-
SIONS
Accessibility advisory board .............
See: ACCESSIBILITY ADVISo.RY
BOARD
Airports and aircraft. See that subject
Airport authority. . . . . . . . . . . . . . . . . . . . .
Airport board of directors . . . . . . . . . . . . .
Airport zoning commission. . . . . . . . . . . .
Airport zoning district board of adjust-
ments . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts and humanities commission.........
See: ARTS AND HUMANITIES COM-
MISSION
Building codes advisory and appeals board
See: BUILDING CODES ADVISORY
AND APPEALS BOARD
e
Supp. No. 16
Section
Co.DEINDEX
38-30
38-33
38-31
38-29
38-1 et seq.
36-71(d)
36-74(c)
42-1 et seq.
42-26
2-36
1-2
12-1 et seq.
13-1 et seq.
2-76 et seq.
5-97
2-21
2-225
4-16 et seq.
4-17
4-31 et seq.
42-823
2-161 et seq.
8-16 et seq.
BOARDS, COMMITTEES AND COMMIS-
SIo.NS (Cont'd.)
City planning commission . . . . . . . . . . . . . . .
See: PLANNING
City-county board of health. . . . . . . . . . . . . .
See: HEALTH AND SANITATIo.N
City-county emergency preparedness board
Convention and tourism committee
Membership of
Charter ordinance No. 26...........
Definitions re general Code interpretation
Firemen's relief association. . . . . . . . . . . . . .
See: FIREMEN'S RELIEF ASSOCIA-
TION
Heritage commission. . . . . . . . . . . . . . . . . . . .
See: ZONING
Human relations commission. . . . . . . . . . . .
See: EQUAL o.PPo.RTUNITY AND AF-
FIRMATIVE ACTION
Library board ..........................
See: LIBRARY Bo.ARD
Mobile home craftsman board of examiners
See: MOBILE HOMES AND TRAILERS
North central regional planning commis-
sion.............................. .
See: PLANNING
Planning commissions. See: PLANNING
City planning commission. . . . . . . . . . . . .
North central regional planning commis-
sion........................... .
Salina Business Improvement District De-
sign Review Board. . . . . . . . . . . . . . . . .
See: SALINA BUSINESS IMPROVE-
MENT DISTRICT DESIGN RE-
VIEW BOARD
Salina/Saline Solid Waste Management
Committee . . . . . . . . . . . . . . . . . . . . . . . .
See: GARBAGE AND TRASH
Tree advisoryboard.....................
See: TREES AND SHRUBBERY
Zoning. See: Zo.NING
Board of zoning appeals...............
Heritage commission .. . . . . . . . . . . . . . . .
BOATS, DOCKS AND WATERWAYS
Lakewood Lake boating limitations . . . . . .
Watercraft, lifesaving devices required when
Waterways
Flood prevention works. . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND
Co.NTROL
Lots and lot improvements
Water bodies and watercourses .. . . .
Oil, grease, etc., draining into. . . . . . . . .
BONDS, SURETY OR PERFORMANCE
Bail bond agents and companies . . . . . . . . .
See: BAIL BOND AGENTS AND COM-
PANIES
Building moving operations. . . . . . . . . . . . . .
3583
Section
29-16 et seq.
17-16 et seq.
10-16
App.A
1-2
14-17 et seq.
42-471 et seq.
13-51 et seq.
19-21 et seq.
22-55 et seq.
29-36 et seq.
29-16 et seq.
29-36 et seq.
2-200 et seq.
34-90 et seq.
39-30 et seq.
42-597
42-471 et seq.
27-18
25-83
15-16 et seq.
36-72(g)
41-73
23-16 et seq.
35-86
BONDS, SURETY OR PERFORMANCE
(Cont'd.)
Buildings and structural appurtenances,
general license requirements; bond
required. . . . . . . . . . . . . . . . . . . . . . . . . . .
Certain provisions saved from repeal. . . . .
Contractors; licenses, etc.. . . . . . . . . . . . . . . .
Contractors/tradesman registration, bond
required. . . . . . . . . . . . . . . . . . . . . . . . . . .
Demolition, removal or relocation of build-
ings.............................. .
Driveway construction and repair. . . . . . . .
Excavation, requirements ...............
Library board treasurer. . . . . . . . . . . . . . . . .
Merchant police service, etc. . . . . . . . . . . . . .
Mobile home contractor's license require-
ments... . ... ... . ... . .. . . . . . .. . . ...
Official bonds. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: OFFICERS AND EMPLOYEES
Oil and gas drilling, etc.. . . .. . . . . . .. . . . ..
Person advertising their own business. . . .
Sidewalk construction and repair . . . . . . . .
Subdivisions. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trees and shrubs; licensing and regula-
tions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BOULEVARDS
Street defined reo . .. . ... . . ... .. .. ... . ...
Public ways generally. See: STREETS
AND SIDEWALKS
BOUNDARIES
Certain provisions saved from repeal. . . . .
Flood prevention and control map
Lands included in corporate limits. . . . .
BOW AND ARROW. See: FIREARMS AND
WEAPONS
BRIDGES
Street defined reo . ... . . .. . .. . . . .. .. . . . . .
Public ways generally. See: STREETS
AND SIDEWALKS
BRUSH. See: WEEDS AND BRUSH
BUDGET. See: FINANCES
BUILDING CODE (Buildings and structures
in general)
Bond requirements. . . . . . . . . . . . . . . . . . . . . .
Building official
Notices of violations .......... ..... ...
Charter ordinance No. 20. . . . . . . . . . . . . . . .
Codes, other. See: TECHNICAL CODES
Electrical code ............ . . . . . . . . . . .
See: ELECTRICAL CODE
Housing code requirements ...........
See: HOUSING
Mechanical code. . . . . . . . . . . . . . . . . . . . . .
See: MECHANICAL CODE
One- and two-family dwelling code. . . . .
Supp. No. 16
SALINA CODE
Section
8-57
1-5
2-3
8-516
8-364
35-158
35-202
19-36
30-42
22-61
2-61 et seq.
26-18
8-384
35-158
36-73
39-113
1-2(23)
1-5
15-2
1-2(23)
8-364
8-3
App.A
8-66 et seq.
18-1 et seq.
8-281 et seq.
8-51
BUILDING CODE (Buildings and structures
in general) (Cont'd.)
Plumbing code .. . . .. . .. .. .. .. . . .. . .. .
See: PLUMBING CODE
Sign code. . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: SIGN CODE
Uniform Building Code
Adopted................... ........
Amendments enumerated .. . . . . . . . .
Uniform Code for Abatement of Danger-
ous Buildings adopted . . . . . . . . . . .
Contractorsltradesman registration ......
See: CONTRACTORS
Dangerous buildings
Uniform Code for Abatement adopted. .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Demolition, removal or relocation of build-
ings
Fences, walls, hedges, etc. ............
See: FENCES, WALLS, HEDGES
AND ENCLOSURES
Permits
Applications. . . . . . . . . . . . . . . . . . . . . . .
Bond required. . . . . . . . . . . . . . . . . . . . .
Issuance. . . . . . . . . . . . . . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
Permittee, duties required . . . . . . . . . . . .
Driveway construction and repair. . . . . . . .
See: STREETS AND SIDEWALKS
Explosions
Structures damaged by fire, explosion or
windstorm. See herein that subject
Fees
License suspended when not paid. . . . . .
Payment of . . . . . . . . . . . . . . . . . . . . . . . . . .
Fences, walls, hedges, etc. . . . . . . . . . . . . . . .
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Fires
Structures damaged by fire, explosion or
windstorm. See herein that subject
Fireworks; storage, etc.. . . . . . . . . . . . . . . . . .
See: FIREWORKS
Flood plain zoning district. . . . . . . . . . . . . . .
See: ZONING
Interference with conduct of public busi-
ness in public building . . . . . . . . . . . . .
License requirements, general
Application required. . . . . . . . . . . . . . . . . .
Bond required. . . . . . . . . . . . . . . . . . . . . . . .
Deadline for renewal of license . . . . . . . .
Expiration, renewal of license . . . . . . . . .
Fee................................. .
Insurance required. . . . . . . . . . . . . . . . . . .
License not transferable; misuse. . . . . . .
License to be displayed . . . . . . . . . . . . . . .
Suspension and revocation. . . . . . . . . . . .
Licenses
Fees. See herein that subject
Permits. See herein that subject
3584
Section
8-176 et seq.
8-381 et seq.
8-36
8-36.1 et seq.
8-331
8-508 et seq.
8-331
8-37
8-401 et seq.
8-362
8-364
8-363
8-361
8-351
35-121 et seq.
8-2
8-1
8-401 et seq.
14-51 et seq.
42-426 et seq.
25-121
8-51
8-57
8-55
8-54
8-53
8-58
8-56
8-52
8-59
e
BUILDING CODE (Buildings and structures
in general) (Cont'd.)
Suspended if inspection fee not paid . . .
Mobile home regulations ..... . . . . . . . . . . .
Moving buildings
Damaging public trees while. . . . . . . . . .
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
Numbering. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
Permits
Licenses. See herein that subject
Withholding re flood control provisions.
Zoning permits, etc. See: ZONING
Public improvement procedures. . . . . . . . . .
See: PUBLIC WORKS AND IMPROVE-
MENTS
Removal or relocation. See herein: Demoli-
tion, Removal or Relocation of Build-
ings
Sewer installations .....................
See: WATER AND SEWERS
Streets and sidewalks. See that subject
Sidewalk construction and repair. . . . . .
Street obstructions and encroachments
Structures damaged by fire, explosion or
windstorm
Authorization . . . . . . . . . . . . . . . . . . . . . . . .
Building inspector
Investigation, removal of structures.
Fund created; deposit of moneys. . . . . . .
Insurance
Insurers; liability. . . . . . . . . . . . . . . . . .
Relation to insurance policies. . . . . . .
Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations authorized . . . . . . . . . . . . . . .
Subdivision regulations .............. . . .
See: TREES AND SHRUBBERY
Tenant, occupant, etc., construed. . . . . . . . .
Uniform Building Code
Adopted. . . . . . . . _ . . . . . . . . . . . . . . . . . . . .
Amendments enumerated. . . . . . . . . . . . .
Uniform Code for Abatement of Dangerous
Buildings adopted. . . . . . . . . . . . . . . . . .
Violations, notice . . . . . . . . . . . . . . . . . . . . . . .
Water and sewers. . . . . . . . . . . . . . . . . . . . . . .
See: WATER AND SEWERS
Zoning generally. . . . . . . . . . . . . . . . . . . . . . . .
See: ZONING
BUILDING CODES ADVISORY AND AP-
PEALS BOARD
Appeal procedure. . . . . . . . . . . . . . . . . . . . . . .
Appointment and term. . . . . . . . . . . _ . . . . . .
Compensation. . . . . . . . . . . . . . . . . . . . . . . . . .
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing, provisions re appeals. . . . . . . . . . .
See: HOUSING
Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
e
.
e
Supp. No. 16
Section
CODE INDEX
8-2
22-18
39-50
35-61 et seq.
35-101 et seq.
15-20
2-233 et seq.
41-71 et seq.
35-121 et seq.
35-36 et seq.
8-500
8-503
8-502
8-506
8-505
8-501
8-507
36-1 et seq.
1-2(24)
8-36
8-36.1 et seq.
8-331
8-3
41-1 et seq.
42-1 et seq.
8-23
8-18
8-19
8-16
18-41 et seq.
8-24
8-17
BUILDING CODES ADVISORY AND AP-
PEALS BOARD (Cont'd.)
Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purpose............. ...................
Quorum............................... .
BULKHEADS
Permits required for certain construction.
BURIAL GROUNDS. See: CEMETERIES
BURNING
Garbage, rubbish.......................
BUSHES
Trees and shrubs .... . . . . . . . . . . . . _ . . . . . .
See: TREES AND SHRUBBERY
BUSINESSES
Adult-oriented businesses . . . . . . . . . . . . . . .
See: ADULT-ORIENTED BUSINESSES
Occupational licenses . . . . . . . . . . . . . . . . . . .
See: LICENSES AND PERMITS
BUTANE GAS. See: GAS
c
CABLE TELEVISION
Franchise rights and regulations, Art. III
of App. B
Underground wires required, where. . . . . .
CABS. See: TAXICABS
CAFES, CAFETERIAS, ETC. See: EATING
ESTABLISHMENTS
CANALS. See: BOATS, DOCKS AND WATER-
WAYS
CANINE OPERATIONS
Police dogs, interference with. . . . . . . . . . . .
Police provisions. . . . . . . . . . . . . . . . . . . . . . . .
See: POLICE DEPARTMENT
CANVASSERS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
CARCASSES OF ANIMALS. See: DEAD AN-
IMALS
CARNIVALS, CIRCUSES AND TENT SHOWS
Amusements, etc., other. See: AMUSE-
MENTSANDENTERTMNMENT
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gambling prohibited. . . . . . . . . . . . . . . . . . . .
Licenses
Applications ... . . . . . . . . . . . . . . . . . . . . . .
Fees..... _...........................
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permits
Compliance with regulations...... .. ..
Required. . . . . . _ . . . . . . . . . . . . . . . . . . . . . .
3585
Section
8-20
8-22
8-21
35-6
34-32
39-1 et seq.
6-46 et seq.
20-1 et seq.
31-9
25-122
30-1 et seq.
6-16
6-18
6-32
6-33
6-31
6-17
6-17
CARS. See: MOTOR VEHICLES AND OTHER
VEHICLES
CATS. See: ANIMALS AND FOWL
CEMETERIES
Conduct, rules of. . . .. .. . . . . .. . .. .. .... . .
Desecrating . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employees .............................
Gypsum Hill Cemetery
Closing hours of. . . . . . . . . . . . . . . . . . . . . .
Management. . . . . . . . . . . . . . . . . . . . . . . . . . .
CEREAL MALT BEVERAGES. See: ALCO-
HOLIC BEVERAGES
CERTIFICATES
Bonds and insurance certificates
Contractors, licensees, etc. . . . . . . . . . . . .
Business licenses requirements. See: LI-
CENSES AND PERMITS
Certificate of appropriateness
Heritage conservation district; review. .
Certificate of occupancy; zoning. . . . . . . . . .
Plumbers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: PLUMBERS
Trades, occupations, etc. See specific sub-
j ects
CHARTER ORDINANCES
Certain provisions saved from repeal. . . . .
Enumerated. . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHICKENS. See: ANIMALS AND FOWL
CHILDREN. See: MINORS
CIGARETTES. See: TOBACCO AND TO-
BACCO PRODUCTS
CIRCULARS
Handbills, etc. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ADVERTISING
CIRCUSES. See: CARNIVALS, CIRCUSES
AND TENT SHOWS
CITY
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CITY ATTORNEY
Assistant attorneys; duties, etc. . _ . . . . . . . .
Qualifications. . . . . . . . . . . . . . . . . . . . . . . .
Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualifications ... . . . . . . . . . . . . . . . . . . . . . . .
CITY CLERK
Official bonds, amount. . . . . . . . . . . . . . . . . .
CITY COMMISSION. See: BOARD OF COM-
MISSIONERS
CITY COURT. See: MUNICIPAL COURT
CITY DEPARTMENTS. See: DEPARTMENTS
AND OTHER AGENCIES OF CITY
Supp. No. 16
Section
SALINA CODE
9-4
25-140
9-2
42-460
42-5
8-201 et seq.
1-5
App.A
3-1 et seq.
1-2(3)
2-106, 2-108
2-106
2-107
2-106
2-63
CITY FORESTER
Appointment, authority . . . . . . . . . . . . . . . . .
Notification of prior to removal of street
trees............................. .
9-3
9-1
CITY INDEBTEDNESS. See: FINANCES
CITY LIMITS. See: BOUNDARIES
CITY MANAGER
Duties, other. See specific subjects
Flood prevention and control regulations .
License and permit fees, review of . . . . . . .
Official bonds, amount. . . . . . . . . . . . . . . . . .
2-3
CITY PERSONNEL. See: OFFICERS AND
EMPLOYEES
CITY PLANNING COMMISSION
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: PLANNING
CITY PROPERTY. See: PROPERTY
CITY REVENUE. See: FINANCES
CITY SEAL. See: SEAL
CITY TREASURER. See: TREASURERS
CITY-COUNTY EMERGENCY PREPARED-
NESS BOARD
Appointment, terms of members. . . . . . . . .
Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Emergency proclamation . . . . . . . . . . . . . . . .
See: CML EMERGENCIES AND DI-
SASTERS
Expenditures. . . . . . . . . . . . . . . . . . . . . . . . . . .
Necessity declared. . . . . . . . . . . . . . . . . . . . . .
Organization . . . . . . . . . . . . . . . . . . . . . . . . . . .
Organization of emergency preparedness .
Powers and duties. . . . . . . . . . . . . . . . . . . . . .
Purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Salina-Saline County Emergency Prepared-
ness Department
Coordinator; authority and duties .... .
Succession ...... . . . . . . . . . . . . . . . . . . . . . . .
Termination. . . . . . . . . _ . . . . . . . . . . . . . . . . _ .
CMC CENTER. See: SALINA BICENTEN-
NIAL CENTER
CML EMERGENCIES AND DISASTERS
City-county emergency preparedness board
See: CITY-COUNTY EMERGENCY PRE-
PAREDNESS BOARD
Curfew, authority of mayor to impose ... .
Emergency proclamation
Authority of mayor. . _ . . . . . . . . . . . . . . . .
Effective time. . . . . . . . . . . . . . . . . . . . . . . .
Failure to comply with. . . . . . . . . . . . . . . .
Termination of . . . . . . . . . . . . . . . . . . . . . . .
3586
Section
39-16
39-91
15-5
2-2(b)
2-63
29-16 et seq.
10-18
10-23
10-17
10-39 et seq.
10-23
10-25
10-18
10-22
10-19
10-16
10-20
10-21
10-24
10-16 et seq.
10-39
10-32
10-40
10-42
10-41
e
.
CIVIL EMERGENCIES AND DISASTERS
(Cont'd.)
Release or threatened release of materials
into or upon the environment, emer-
gency action in response
Definitions. .. .. ... .... . . .... .... .. . ..
Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purpose .,. . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of expense . . . . . . . . . . . . . . . . . .
Succession in event of death of coordinator
e
CIVIL PROCEEDINGS
Equal opportunity, affirmative action; hous-
ing............................... .
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATION
CLERK. See: CITY CLERK
CLINICS. See: HOSPITALS, ETC.
CLOSING OUT SALES
Going out of business sales . . . . . . . . . . . . . .
See: GOING OUT OF BUSINESS SALES
CLUBS AND LOUNGES
Alcoholic beverage regulations. . . . . . . . . . .
See: ALCOHOLIC BEVERAGES
CODE OF ORDINANCES.
Altering or tampering with. . . . . . . . . . . . . .
Amendments to.................. .......
Zoning amendments. . . . . . . . . . . . . . . . . .
See: ZONING
Catchlines or headings of sections
Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certain provisions saved from repeal. . . . .
Conflict of ordinances . . . . . . . . . . . . . . . . . . .
Definitions for interpretation . . . . . . . . . . . .
Designated and cited, how. . . . . . . . . . . . . . .
New ordinances, effect. . . . . . . .. .. .. . . .. .
Parenthetical and reference matter
Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules of construction. .. .. . . .. .. .. . . _ .. ..
Technical codes, See that subject
Violations and penalties
General and continuing penalty. . . . . . .
Repeal of ordinances, effect . . . . . . _ . . . .
.
COMMISSIONERS. See: BOARD OF COM-
MISSIONERS
COMMITTEES AND COMMISSIONS. See:
BOARDS, COMMITTEES AND COM-
MISSIONS
COMMUNICABLE DISEASES. See: DIS-
EASE CONTROL
Section
CODE INDEX
10-50
10-52
10-51
10-53
10-21
13-112
2-76 et seq.
32-16 et seq.
5-16 et seq.
1-9
1-6
42-21 et seq.
1-10
1-7
.Note-The adoption, amendment, repeal, omissions, effec-
tive date, explanation of numbering system and other matters
pertaining to the use, construction and interpretation of this
Code are contained in the adopting ordinance and preface
which are to be found in the preliminary pages of this volume.
e
Supp. No. 16
COMPUTATION OF TIME
Rules for interpreting Code. . . . . . . . . . . . . .
CONCERTS. See: AMUSEMENTS AND EN-
TERTAINMENT
CONDEMNATION
Certain provisions saved from repeal. . . . .
Code for abatement of dangerous buildings
Demolition, removal or relocation of build-
ings............................. ..
See: BUILDING CODE
Food and food handlers, establishments
Unwholesome, adulterated food or drink
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Unfit dwellings. .. . .. . . .. .. . . .. . .. . . .. ..
CONFLAGRATIONS. See: FIRES
CONFLICTING PROVISIONS
Code re . _ . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . .
1-4
1-5
1-8
1-2
1-1
1-6
CONSERVATION
Heritage conservation district. . . . . . . . . . . .
See: ZONING
Swimming pools, private
Construction, design and maintenance
re............................. .
Water conservation .. _ . . . . . . . . . . . . . . . . . .
See: WATER AND SEWERS
CONSTITUTION
Severability of unconstitutional parts of
Code............... ...............
1-7
1-2
CONSTRUCTION
Driveway and sidewalk construction .... .
See: STREETS AND SIDEWALKS
Flood plain zoning district. . . . . . . . . . . . . . .
See: ZONING
Generally. See: BUILDING CODE
CONTAGIOUS DISEASES. See: DISEASE
CONTROL
CONTRACTORS
Contractors/tradesman registration
Application required. . . . . . . . . . . . . . . . . .
Bond required. . . . . . . . . . . . . . . . . . . . . . . .
Certificates not transferable; misuse. . .
Deadline for renewal of registration ...
Definitions... . . ... .. .... . ... . . _ .. . . ..
Expiration, renewal of registration .. . .
Fee.. ...... ... ... _.... ........... - -..
Insurance required. . . . . . . . . . . . . . . . . . .
Registration required. . . . . . . . . . . . . . . . .
Registration to be displayed. . . . . . . . . . .
Suspension and revocation. . . . . . . . . . . .
Electrical contractors. _ . . . . . . . . . . . . . . . . . -
See: ELECTRICAL CONTRACTORS
Mechanical contractors........... _......
See: MECHANICAL CONTRACTORS
3587
Section
1-2(4)
1-5
8-331
8-351 et seq.
16-18
18-1 et seq.
18-26
1-8
42-456 et seq.
8-464
41-51 et seq.
1-11
35-121 et seq.
42-426 et seq.
8-510
8-516
8-515
8-514
8-508
8-512
8-513
8-517
8-509
8-511
8-518
8-111 et seq.
8-291 et seq.
CONTRACTORS (Cont'd.)
Mobile home contractors ................
See: MOBILE HOMES AND TRAILERS
Plumbers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: PLUMBERS
Plumbing contractors. See that subject
Public contracts
Affirmative action by contractors re-
quired . . . . . . . . . . . . . . . . . . . . . . . . . .
CONTRACTS AND AGREEMENTS
Bonds, insurance, ete. . . . . . . . . . . . . . . . . . . .
Certain provisions saved from repeal. . . . .
Equal opportunity, affirmative action. .. . .
See: EQUAL OPPORTUNITY AND AF-
FIRMATIVE ACTION
Public contracts ........................
See: EQUAL OPPORTUNITY ANDAF-
FIRMATIVE ACTION
Public improvement procedures. . . . . . . . . .
See: PUBLIC WORKS AND IMPROVE-
MENTS
CONVENTION AND TOURISM COMMIT-
TEE
Membership of
Charter ordinance No. 26 . . . . . . . . . . . . .
CORPORATE LIMITS. See: BOUNDARIES
CORPORATE SEAL. See: SEAL
CORPORATION
Person defined re . . . . . . . . . . . . . . . . . . . . . . .
Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
COUNTY
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
COUNTY TREASURER. See: TREASURERS
COURTS. See: MUNICIPAL COURT. See also:
DISTRICT COURT
CRAFTSMEN
Mobile home craftsmen... .... ... ..... ...
See: MOBILE HOMES AND TRAILERS
CRIMES. See: OFFENSES
CRIMINAL CODE
Applicability.. . .. .. .. . .. . . . .. . . . . . .. . . . .
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CRIMINAL PROCEEDINGS
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATION
Offenses; corporations re criminal respon-
sibility . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CROSSBOWS. See: FIREARMS AND WEAP-
ONS
CURBS AND GUTTERS
Curb marking license or permit. . . . . . . . . .
See: STREETS AND SIDEWALKS
Supp. No. 16
Section
SALINA CODE
22-51 et seq.
8-201 et seq.
13-132
2-3
1-5
13-1 et seq.
13-131 et seq.
2-233 et seq.
App.A
1-2(16)
42-616(b)(3)
1-2(5)
22-51 et seq.
25-191
25-192
2-76 et seq.
25-4(a)
35-107 et seq.
CURBS AND GUTTERS (Cont'd.)
Flood protection works. . . . . . . .. . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
CURFEW
Emergency proclamation
Curfew, authority of mayor to impose. .
Minors, curfew re. . . . . . . . . . . . . . . . . . . . . . .
See: MINORS (Juveniles, children, etc.)
D
DANGEROUS BUILDINGS
Code for abatement of. . . . . . . . . . . . . . . . . . .
DEAD ANIMALS
Removal and disposal . . . . . . . . . . . . . . . . . . .
DEAD TREES
Duty to remove. . . . . . . . . . . . . . . . . . . . . . . . .
DEAF PERSONS. See: DISABLED PER-
SONS
DELEGATION OF AUTHORITY
Word usage for interpreting Code. . . . . . . .
DEMOLITION
Dangerous buildings
Code for abatement of . . . . . . . . . . . . . . . .
Demolition, removal or relocation of build-
ings.............................. .
See: BUILDING CODE
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
DENTAL CLINICS. See: HOSPITALS, ETC.
DENTISTS. See: DOCTORS, ETC.
DEPARTMENTS AND OTHER AGENCIES
OF CITY
Airport authority . .. . . . . . .. . . . . .. .. .. .. .
See: AIRPORTS AND AIRCRAFT
Boards, committees, ete.. . . . . . . . . . . . . . . . .
See: BOARDS, COMMITTEES AND
COMMISSIONS
Creation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Equal opportunity, affirmative action. . . . .
See: EQUAL OPPORTUNITY AND AF-
FIRMATIVE ACTION
Fire department. See that subject
Firemen's relief association. . . . . . . . . . . . . .
See: FIREMEN'S RELIEF ASSOCIA-
TION
Health
City-county board of health . . . . . . . . . . .
See: HEALTH AND SANITATION
Public health, department of . . . . . . . . . .
Human relations department. . . . . . . . . . . .
Law, department of . . . . . . . . . . . . . . . . . . . . .
See: LAW, DEPARTMENT OF
3588
Section
15-16 et seq.
10-39
21-16 et seq.
8-331
7-2
39-71
1-2
8-331
8-351 et seq.
18-1 et seq.
4-16 et seq.
2-136 et seq.
2-96
1-2
13-1 et seq.
14-17 et seq.
17-16 et seq.
2-121
13-58
2-106 et seq.
e
.
DEPARTMENTS AND OTHER AGENCIES
OF CITY (Cont'd.)
Municipal court. . . . . . . . . . . . . . . . . . . . . . . . .
See: MUNICIPAL COURT
Police department. See that subject
Salina-Saline County Emergency Prepared-
ness Department ........... . . . . . . .
e
DEVELOPMENTS
Demolition, removal or relocation of build-
ings.............................. .
See: BUILDING CODE
Flood protection works . . . . . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Mobile homes and trailers. . . . . . . . . . . . . . .
See: MOBILE HOMES AND TRAILERS
Oil and gas drilling, etc. . . . . . . . . . . . . . . . . .
See: OIL AND GAS
Planned development districts. . . . . . . . . . .
See: ZONING
Planning. . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . .
See: PLANNING
Streets and sidewalks. See that subject
Driveway and sidewalk construction and
repair. . . . . . . . . . . . . . . . . . . . . . . . . .
Excavations in streets. . . _ . . . . . . . . . . . .
Subdivision regulations .. . . . . . . . . . . . . . . .
See: SUBDMSIONS
Trees and shrubs . . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Zoning generally. . . . . . . . . . . . . . . . . . . . . . . .
See: ZONING
CODE INDEX
Section
23-1 et seq.
10-20
8-351 et seq.
15-16 et seq.
18-1 et seq.
22-1 et seq.
26-1 et seq.
42-401 et seq.
29-1 et seq.
35-121 et seq.
35-201 et seq.
36-1 et seq.
39-1 et seq.
42-1 et seq.
DIAMONDS
Precious metal dealers. .. .... .. . . . .. . . . . 33-16 et seq.
See: PAWNBROKERS, ETC.
DILAPIDATED STRUCTURES
Dangerous buildings
Code for abatement of . . . . . . . . . . . . . . . .
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
.
DISABLED PERSONS
Accessibility advisory board .............
See: ACCESSIBILITY ADVISORY
BOARD
Animals in public buildings
Prohibited; exemption . . . . . . . . . . . . . . . .
Blind or incapacitated person, imperson-
ation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Equal opportunity, affirmative action. . . . .
See: EQUAL OPPORTUNITY AND AF-
FIRMATIVE ACTION
e
DISASTERS. See: CML EMERGENCIES
AND DISASTERS
Supp. No. 16
8-331
18-1 et seq.
2-225 et seq.
7-55
38-25
13-1 et seq.
DISCRIMINATION
Equal opportunity, affirmative action. . . . .
See: EQUAL OPPORTUNITY ANDAF-
FIRMATIVE ACTION
DISEASE CONTROL
Animal bites, reporting...... . .. ... . ... . .
City-county board of health. . . . . . . . . . . . . .
See: HEALTH AND SANITATION
Dead animals; removal and disposal. . . . . .
Dogs and cats
Rabies vaccination. . . . . . . . . . . . . . . . . . . .
Sick or injured; emergency treatment. .
Emergency proclamation . . . . . . . . . . . . . . . .
See: CML EMERGENCIES AND DI-
SASTERS
Mosquitos, flies, etc.
Inoperable vehicles; breeding grounds
for .. .. . .. .. .. .. .. .. .. .. .. .. . .. .
Nuisance animals breeding. . . . . . . . . . . .
Solid waste disposal. . . . . . . . . . . . . . . . . . . . .
See: GARBAGE AND TRASH
Trees and shrubs
Disease and insects; duty reo . . . . . . . . . .
DISORDERLY CONDUCT
Cereal malt beverage premises. . . . . . . . . . .
Generally ... . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interference with conduct of public busi-
ness in public building . . . . . . . . . . . . .
DISTRICT COURT
Bail bond agents and company
Entering, loitering, soliciting business
in district court . . . . . . . . . . . . . . . . .
DISTRICTS. See: ZONING
DISTURBING THE PEACE
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DITCHES. See: EXCAVATIONS
DOCKS. See: BOATS, DOCKS AND WATER-
WAYS
DOCTORS, ETC.
City-county board of health. . . . . . . . . . . . . .
See: HEALTH AND SANITATION
Wounds inflicted by firearms or weapons
Unlawful failure to report. . . . . . . . . . . . .
DOGS. See: ANIMALS AND FOWL
DOOR-TO-DOOR SALESMEN. See: PED-
DLERS, CANVASSERS AND SOLICI-
TORS
DRAINAGE
Flood protection works . . . . . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
3589
Section
13-1 et seq.
7-58
17-16 et seq.
7-2
7-54
7-3
10-39 et seq.
38-81
7-31
34-16 et seq.
39-72
5-75
25-131
25-121
23-17
25-132
17-16 et seq.
25-159
15-16 et seq.
18-1 et seq.
DRAINAGE (Cont'd.)
Lots and lot improvements re. . . . . . . . . . . .
Mobile home parks......................
Oil, grease, etc., draining into sewers, riv-
ers, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plumbing code. .. . . . . .. . . .. .. . . . . .. . .. ..
See: PLUMBING CODE
Subdivisions. See that subject
Drainage and storm sewers . . . . . . . . . . .
Drainage easements, dedication . . . . . . .
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Yards, courts, etc., drainage of. . . . . . . . . . .
DRILLING
Oil and gas drilling, etc.. . .. .. . . . . . . . .. . .
See: OIL AND GAS
DRIVEWAYS
Construction and repair. . . . . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
DWELLINGS
Demolition, removal or relocation of build-
ings..... ..........................
See: BUILDING CODE
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Mobile homes and trailers. . . . . . . . . . . . . . .
See: MOBILE HOMES AND TRAILERS
One- and two-family dwelling code. . . . . . .
Trees and shrubs .... . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
E
EARTHQUAKES. See: CIVIL EMERGEN-
CIES AND DISASTERS
EASEMENTS
Certain provisions saved from repeal. . . . .
Drainage easements, dedication. . . . . . . . . .
Utilities; easements, etc. ............ . . . .
Zoning reo See: ZONING
EATING ESTABLISHMENTS
Alcoholic beverages generally. . . . . . . . . . . .
See: ALCOHOLIC BEVERAGES
Food and food handlers, establishments . .
See: FOOD AND FOOD HANDLERS
Private clubs. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ALCOHOLIC BEVERAGES
Temporary uses. . . . . . . . . . . . . . . . . . . . . . . . .
Transient guest tax . . . . . . . _ . . . _ . . . . . . . . .
See: TRANSIENT GUEST TAX
ELECTIONS
City to consist of one ward .. _ . . . . . . . . . . .
Precincts
City divided into . . . . . . . . . . . . . . . . . . . . .
Territory outside city but in city school
districts. . . .. . . . . .. . . . . . . . . .. . . .
Sign code
Political campaign signs . . . . . . . . . . . . . .
Supp. No. 16
Section
SALINA CODE
36-72(e)
22-19
41-73
8-176 et seq.
36-75
36-75(d)
36-1 et seq.
18-79
26-1 et Seq'
35-121 et seq.
8-351 et seq.
18-1 et seq.
22-1 et seq.
8-51
39-1 et seq.
1-5
36-75(d)
36-78
5-16 et seq.
16-11 et seq.
5-116 et seq.
42-59
37-16 et seq.
12-1
12-2
12-3
8-387
ELECTRICAL CODE
Codes, other. See: TECHNICAL CODES
Defective or dangerous conditions
Inspection, condemnation, correction of
Electricalcontractors....................
See: ELECTRICAL CONTRACTORS
Electrical inspector. See herein: Inspector
Electrical mechanics . .. . .. . . .. . .. . . . .. . .
See: ELECTRICAL MECHANICS
Enforcement. See herein specific subjects
Fires
Removal of wires, turning off current. .
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Inspections
Defective or dangerous conditions .....
Inspector
Enforcement by . . . . . . . . . . . . . . . . . . . . . .
Fires
Removal of wires, turning off current
in case of. . . . . . . . . . . . . . . . . . . . .
General duties . . . . . . . . . . . . . . . . . . . . . . .
Liabilities not affected. . . . . . . . . .. . . .. .
Questions, deciding.. . .. . . . . .. . . . . .. . .
Wires, removal. . . . . . . . . . . . . . . . . . . . . . .
Liabilities, construed....................
Mobile home regulations . . . . . . . . . . . . . . . .
See: MOBILE HOMES AND TRAILERS
National electrical code
Adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment. . . . . . . . . . . . . . . . . . . . . . . . . .
Permits and inspections. . . . . . . . . . . . . . . . .
See: ELECTRICAL PERMITS AND IN-
SPECTIONS
Sign code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: SIGN CODE
Swimming pools, private
Compliance with electrical code ...... .
Violations, generally . . . . . . . . . . . . . . . . . . . .
ELECTRICAL CONTRACTORS
Licenses
Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements
Doing work without meeting require-
ments . . . . . . . . . . . . . . . . . . . . . . . . . .
ELECTRICAL MECHANICS
Apprentice electricians, requirements ....
Classes established . . . . . . . . . . . . . . . . . . . . .
Examinations
Reexamination after failure. . . . . . . . . . .
Industrial electricians, requirements. . . . .
Journeymen electricians, requirements. . .
Licenses
Expiration. . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees.. ....... ............ ...... ......
Issuance. . . . . . . . . . . . . . . . . _ . . . . . . . . . . .
Renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3590
Section
8-84
8-111 et seq.
8-131 et seq.
8-82
18-1 et seq.
8-84
8-80
8-82
8-79
8-85
8-81
8-82
8-85
22-18
8-66
8-67
8-151 et seq.
8-381 et seq.
8-466
8-86
8-113
8-111
8-112
8-114
8-131(3)
8-131
8-137
8-131(5)
8-131(2)
8-140
8-139
8-138
8-140
e
.
ELECTRICAL MECHANICS (Cont'd.)
Suspension, revocation. . . . . . . . . . . . . . . .
Master electricians
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Required, when . . . . . . . . . . . . . . . . . . . . . .
Nonresident electricians, requirements. . .
e
ELECTRICAL PERMITS AND INSPECTIONS
Certificate of approval
Required before setting meter or connect-
ing current .....................
Connections
Prerequisites to connecting current. . . .
Inspections
Alterations and changes . . . . . . . . . . . . . .
Approval required. . . . . . . . . . . . . . . . . . . .
Certificate of approval required, when.
Concealing work before . . . . . . . . . . . . . . .
Electrical inspector to inspect . . . . . . . . .
When inspections to be accomplished . .
Inspector, right of entry . . . . . . . . . . . . . . . . .
Meters, prerequisites to setting. . . . . . . . . .
Permits
Fees
Failure to pay. . . . . . . . . . . . . . . . . . . . .
Payment of...... ....... .... .......
Issuance, conditions to..... ...........
Not required, when. . . . . . . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ELECTRICITY
Franchise, Art. I of App. B
Mobile home park distribution systems,
etc. . . .. .. . .. .. .. .. .. .. .. .. .. .. . .. .
Poles and wires. See that subject
Public utility provisions. . . . . . . . . . . . . . . . .
See: UTILITIES
EMBEZZLEMENT. See: THEFT
.
EMERGENCIES
Civil emergencies. . . . . . . . . . . . . . . . . . . . . . .
See: CML EMERGENCIES AND DI-
SASTERS
Emergency proclamation . . . . . . . . . . . . . . . .
See: CML EMERGENCIES AND DI-
SASTERS
Nuisances; emergency abatement. . . . . . . .
Public works and improvements
Public emergency. . . . . . . . . . . . . . . . . . . . .
Trees and shrubs
Emergency abatement re .. . . . . . . . . . . .
Water conservation, provisions re . . . . . . . .
See: WATER AND SEWERS
EMPLOYEES. See: OFFICERS AND EM-
PLOYEES
e
ENCLOSURES. See: FENCES, WALLS,
HEDGES, AND ENCLOSURES
Supp. No. 16
CODE INDEX
Section
8-141
8-131(1)
8-132
8-131(4)
8-163
8-163
8-162
8-158
8-163
8-161
8-157
8-159
8-160
8-163
8-155
8-155
8-156
8-152
8-151
22-23
31-1 et seq.
10-16 et seq.
10-39 et seq.
24-10
2-238
39-76
41-60 et seq.
ENCROACHMENTS
Obstructions and encroachments. . . . . . . . .
See: STREETS AND SIDEWALKS
ENTERTAINMENT. See: AMUSEMENTS
AND ENTERTAINMENT
ENVIRONMENTAL PROTECTION
Flood protection works . . . . . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
EPIDEMICS. See: DISEASE CONTROL
EQUAL OPPORTUNITY AND AFFIRMA-
TIVE ACTION
Complaint procedures
Administrative hearing. . . . . . . . . . . . . . .
Affmnative action. . . . . . . . . . . . . . . . . . . .
Case, presentation of . . . . . . . . . . . . . . . . .
Conciliation. . . . . . . . . . . . . . . . . . . . . . . . . .
Determination .. . . . . . . . . . . . . . . . . . . . . .
Dismissal of complaint. . . . . . . . . . . . . . . .
False, misleading or incomplete com-
plaint, statement, response or re-
port........................... .
Filing of complaints . . . . . . . . . . . . . . . . . .
Time for filing. . . . . . . . . . . . . . . . . . . . .
Hearing, administrative . . . . . . . . . . . . . .
Hearing officer, orders of. . . . . . . . . . . . . .
Investigation. ... .. .. .. . .. . " ... .. .. ..
Investigation by commission ..........
Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of compliance.. ................
Probable cause. . . . . . . . . . . . . . . . . . . . . . .
Rules............... ........ .. ...... .
Subpoenas. . . . . . . . . . . . . . . . . . . . . . . . . . .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing
Administration. . . . . . . . . . . . . . . . . . . . . . .
Administrative disposition, final. . . . . . .
Administrative hearing. . . . . . . . . . . . . . .
Affirmative action. . . . . . . . . . . . . . . . . . . .
Civil action, election for...............
Complaints . . . . . . . . . . . . . . . . . . . . . . . . . .
Dismissal of.. . . .. .. .. . .. . . . . . . . . ..
Compliance, notice of. . . . . . . . . . . . . . . . .
Conciliation... ...... ......... ..... .. .
Failure re . . . . . . . . . . . . . . . . . . . . . . . . .
Hearing, administrative ..............
Hearing officer, orders of. . . . . . . . . . . . . .
Intimidation, interference. . . . . . . . . . . . .
Investigation. . . .. . .. .. . . .. . . . . ... . . ..
Judicial action, prompt . . . . . . . . . . . . . . .
Limitations . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of compliance. . . . . . . . . . . . . . . . . .
Probable cause. . . . . . . . . . . . . . . . . . . . . . .
Real estate transactions .., . . . . . . . . . . .
Rules.. . . . . .. . .. .. . .. . .. .. . . . . .. . . .. .
Unlawful discriminatory housing prac-
tices. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unlawful practices re. . . . . . . . . . . . . . . . .
3591
Section
35-36 et seq.
15-16 et seq.
13-88
13-91
13-90
13-85, 13-87
13-87
13-92
13-83
13-81
13-82
13-88
13-91
13-86
13-84
13-86
13-91
13-87
13-93
13-89
13-2
13-105
13-109
13-113
13-114
13-112
13-106
13-115
13-114
13-107, 13-110
13-111
13-113
13-114
13-103
13-108
13-109
13-1104
13-114
13-110
13-102
13-116
13-101
13-73
EQUAL OPPORTUNITY AND AFFIRMA-
TIVE ACTION (Cont'd.)
Human relations commission
Compensation....................... .
Complaints, investigation by . . . . . . . . . .
Composition, appointment . . . . . . . . . . . .
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Department, creation of. . . . . . . . . . . . . . .
Director of human relations
Duties, responsibilities and authority
of........................... .
Position of created; appointment; sal-
ary ..........................
Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers and duties. ...................
Quorum.. .... .... .... ...............
Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Organizational structure and responsibili-
ties for carrying out city's commit-
ment to nondiscrimination in city em-
ployee principle
Administration. . . . . . . . . . . . . . . . . . . . . . .
Advertising and recruiting. . . . . . . . . . . .
Affirmative management. . . . . . . . . . . . . .
Definitions.. . . . ... ... . .. . . .. . . . .. . . ..
Evaluation. . . . . . . . . . . . . . . . . . . . . . . . . . .
Recruiting and advertising. . . . . . . . . . . .
Reports.... ....... .. ........ ..... ....
Selection standards...................
Training for upward mobility. . . . . . . . . .
Policy, declaration of . . . . . . . . . . . . . . . . . . . .
Provisions
Construction. . . . . . . . . . . . . . . . . . . . . . . . .
Invalidity of parts. . . . . . . . . . . . . . . . . . . .
Public contracts
Affirmative action by contractors re-
quired . . . . . . . . . . . . . . . . . . . . . . . . . .
Affirmative action plans . . . . . . . . . . . . . .
Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . .
Required contract provisions . . . . . . . . . .
Unlawful practices
Employment practices. . . . . . . . . . . . . . . .
Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public accommodations. . . . . . . . . . . . . . .
Section
SALINA CODE
13-54
13-84
13-52
13-51
13-58
13-60
13-59
13-55
13-57
13-56
13-53
13-145
13-147
13-148
13-141
13-149
13-147
13-151
13-146
13-150
13-1
13-3
13-4
13-132
13-133
13-134
13-131
13-71
13-73
13-72
EROSION
Flood protection works. . . . . . . . . . . . . . . . . . 15-16 et seq.
See: FLOOD PREVENTION AND CON-
TROL
EUTHANASIA
Animals and fowl; required when.... .. .. 7-46
EXCAVATIONS
Demolition, removal or relocation of build-
ings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-351 et seq.
See: BUILDING CODE
Flood protection works. . . . . . . . . . . . . . . . . . 15-16 et seq.
See: FLOOD PREVENTION AND CON-
TROL
Section
EXCAVATIONS (Cont'd.)
Oil and gas drilling, etc.. ..... .. .... . . .. . 26-1 et seq.
See: OIL AND GAS
EXCRETA
Removal of animal feces. .. .. . .. .. .. . .. . . 7 -56
EXPENSES. See: FINANCES
EXPLOSIONS
Civil emergencies and disasters. See that
subject
Structures damaged by.................. 8-500 et seq.
See: BUILDING CODE
EXPLOSIVES AND BLASTING AGENTS
Fireworks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-51 et seq.
See: FIREWORKS
F
FAIR HOUSING. See: HOUSING
Supp. No. 16 3592
e
.
FALSE INFORMATION, ETC.
Equal opportunity, affirmative action
False, misleading or incomplete com-
plaint, statement, response or re-
port........................... .
False alarm, giving .. .. .. .. .. .. . .. . .. .. .
Impersonation, false ....................
Law enforcement officers, false informa-
tion to ...... . . . . . . . . . . . . . . . . . . . . . .
Offenses, falsely reporting. . . . . . . . . . . . . . .
Petitions, false signing of...... .. .... ....
FECES
Removal of animal feces.................
e
FENCES, WALLS, HEDGES AND ENCLO-
SURES
Animal yard structures and pens
Locations. . . . .. . . . . . . . . . . . . .. . . . .. . . .
Proper maintenance of. . . . . . . . . . . . . . . .
Barbed wire. . . . .. . . .. . . . . .. .. . . . . .. . .. .
Commercial and industrial fences. . . . . . . .
Electrical fences .. .. . .. . .. . .. .. .. .. .. .. .
Lots and lot improvements re fencing. . . .
Oil and gas installations ........ . . . . . . ..
See: OIL AND GAS
Permits required. . . . . . .. . . .. . . . . .. . . . . ..
Petroleum storage facilities; fencing. . . . . .
Public property
Erecting, maintaining on. . . . . . . . . . . . . .
Removal of dilapidated, dangerous or un-
sightly fences.... ............. .. ...
Removal; violations declared nuisances. . .
Spite fences, etc.. . . .. . . . .. . . . . .. . . . . . . . .
Street, alley, etc.
Barbed wire. . . . . . . . . . . . . . . . . . . . . . . . . .
Commercial and industrial fences.....
Dilapidated, dangerous or unsightly
fences; removal..................
Dwelling plots, requirements. . . . . . . . . .
Fences classified .. . . . . . . . . . . . . . .. . . . .
Hedges along. . . . . . . . .. . . .. . . . . . . . . . .
Maintenance of fences . . . . . . . . . . . . . . . .
Nuisances. . . . . . . . . . . . . . . . . . . . . . . . . . .
Yard requirements. . .. .. . . . . .. . . .. . . . .
Zoning requirements .................
Swimming pools, private
Enclosure of . . . . . . . . . . . . . . . . . . . . . . . . .
Violations declared nuisances
Removal. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
FILLING STATIONS. See: GASOLINE FILL-
ING STATIONS
e
FINANCES
Administration re
Change funds . . . . . . . . . . .. . . . . . . . .. . . .
Petty cash funds. . . . . .. . . . . .. . . .. . . . .
Bonds for insurance contractors, licensees,
etc. .. . .. .. .. .. .. .. . . .. .. . .. .. . .. . .
Supp. No. 13
Section
CODE INDEX
13-83
25-139
25-120
25-57
25-115
25-119
7-56
7-33
7-58
8-408
8-409
8-403
36-72(1)
26-3 et seq.
8-401
26-4
8-404
8-410
8-411
8-402
8-408
8-409
8-410
8-407
8-406
8-405
8-410
8-411
8-407
8-407
8-468
8-411
2-241
2-240
FINANCES (Cont'd.)
Budget
City-county board of health . . . . . . . . . . .
City-county emergency preparedness
board. . . . . . . . . . . . . . . . . . . . . . . . . . .
Library board . . . . . . . . . . . . . . . . . . . . . . . .
Certain provisions saved from repeal. . . . .
Charter ordinances. . . .. . . . . . . . . . . . . . .. .
Director of finance
Official bonds, amount................
Firemen's relief association. . . . . . . . . . . . . .
See: FIREMEN'S RELIEF ASSOCIA-
TION
Fixed asset records for buildings and land
Charter ordinance No. 20 . . . . . . . . . . . . .
Official bonds. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: OFFICERS AND EMPLOYEES
Treasurers. See that subject
FINES, FORFEITURES AND OTHER PEN-
ALTIES
Certain provisions saved from repeal. . . . .
General and continuing penalty. . . . . . . . . .
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATION
Offenses; violations, penalties. . . . . . . . . . . .
Repeal of ordinances, effect. . . . . . . . . . . . . .
FIRE DEPARTMENT
Contributions by officers and members to
retirement system
Charter ordinance No.6. . . . . . . . . . . . . .
False alarm, giving . . . . . . . . . . . . . . . . . . . . .
Fire fighter
Unlawful interference with. . . . . . . . . . . .
Impersonation, false . . . . . . . . . . . . . . . . . . . .
Longevity pay
Charter ordinance No.4. ........ . . .. .
Retirement pay to certain members
Charter ordinance Nos. 5, 15. . . . . . . . . .
FIRE HAZARDS
Demolition, removal or relocation of build-
ings........ ........... ............
See: BUILDING CODE
Inoperable vehicles .....................
See: TRAFFIC
FIRE HYDRANTS
Damaging, tampering with . . . . . . . . . . . . . .
2-3
FIRE PREVENTION CODE
Liquefied petroleum gases
Regulations adopted .. . . . . . . . . . .. . . . . .
Violations, penalties. . . .. . . . . . . .. . . . . .
Uniform Fire Code
Adopted .. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Uniform fire prevention code
Amendments. . . . . . . . . . . . . . . . . . . . . . . . .
3593
Section
17-19
10-23
19-38
1-5
App.A
2-63
14-17 et seq.
App.A
2-61 et seq.
1-5
1-10
2-76 et seq.
25-181, 25-182
1-7
App.A
25-139
25-60
25-120
App.A
App.A
8-351 et seq.
38-81 et seq.
25-61
14-66
14-67
14-41
14-42
14-48
FIRE PROTECTION
Contracts for fire protection
Calculation of charges . . . . . . . . . . . . . . . .
Initial terms. . . . . . . . . . . . . . . . . . . . . . . . .
Property outside city limits . . . . . . . . . . .
Renewal............................ .
Termination. . . . . . . . . . . . . . . . . . . . . . . . . .
Gasoline sales on streets, etc. . . . . . . . . . . . .
Mobile home parks. . . . .. . .. . . . . . . . . . .. ..
New parks or expansions. . . . . . . . . . . . .
Smoke detectors, housing provisions re . . .
Structures damaged by fire, explosion or
windstorm.. . . .. . . . . . . . . .. . . . .. . . . .
See: BUILDING CODE
FIRE SALES
Going out of business sales..............
See: GOING OUT OF BUSINESS SALES
FIREARMS AND WEAPONS
Blank cartridges
Certain fireworks exceptions . . . . . . . . . .
Merchant or private policemen; unlawful
acts. .. . .. .......... .. ..... ...... ..
Public safety, offenses against ...........
See: PUBLIC SAFETY, OFFENSES
AGAINST
FIREMEN'S RELIEF ASSOCIATION
Bond of treasurer .......................
Bylaws, regulations authorized ...... . . . .
Composition. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disbursements, procedure for. . . . . . . . . . . .
Double benefits prohibited.. . .. .. ........
Funds
Custody of...........................
Holding in trust......................
Investments of . . . . . . . . . . . . . . . . . . . . . . .
Loans to city. . . . . . . . . . . . . . . . . . . . . . . . .
Use
Purposes for which used. . . . . . . . . . . .
Statutory limitation on use. . . . . . . . .
Insurance, limitations on . . . . . . . . . . . . . . . .
Officers specified. . . . . . . . . . . . . . . . . . . . . . . .
Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statutory limitation on use of funds. . . . . .
Treasurer, bond of .. . . . .. .. .. .. . .. .. .. ..
FIRES
Burning of garbage, rubbish. . . . . . . . . . . . .
Civil emergencies and disasters. See that
subject
Removal of wires, turning off current. . . . .
FIREWORKS
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions to provisions.................
Exploding. . . . . . . . .. . . . . . .. . . . . . . . . . . .. .
Liability insurance required for display. . .
Manufacture ...........................
Nuisance declared; abatement . . . . . . . . . . .
Possessing. . . . . . . . . . . . . . . . .. . . . . . . . . . . .
Supp. No. 13
Section
SALINA CODE
14-2
14-3
14-1
14-4
14-5
14-79
22-23(e)
22-38(c)
18-22, 18-81
8-500 et seq.
32-16 et seq.
14-56
30-25(3)
25-151 et seq.
14-21
14-19
14-17
14-22
14-27
14-21
14-25
14-24
14-25
14-25
14-23
14-26
14-18
14-20
14-23
14-21
34-32
8-82
14-51
14-56
14-53
14-54
14-52
14-58
14-53
FIREWORKS (Cont'd.)
Storage, selling, dealing in ..............
Violations, seizure . . . . . . . . . . . . . . . . . . . . . .
FIRMS
Person defined re . . . . .. . . . . . . .. . . . . . . . . .
Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FLAMMABLES. See: COMBUSTIBLES AND
INFLAMMABLES
FLIES, ETC. See: PEST CONTROL
FLOOD PLAINS
Subdivisions........................... .
Zoning districts re .. .. .. .. .. . .. .. .. .. .. .
See: ZONING
FLOOD PREVENTION AND CONTROL
Flood protection works
Building permits
Withholding of grade sheet for. . . . . .
City engineer to review plans for con-
struction or excavation. . . . . . . . . . .
Appeals from decisions of...........
Findings............................ .
Grade sheet or building permit
Withholding. . . . . . . . . . . . . . . . . . . . . . .
Permit for construction or excavation
Issuance or denial. . . . . .. . . .. . . . .. .
Restricted or conditional permit. . . . .
General ordinances applicable .. . . . . . . . . .
Lands included in corporate limits . . . . . . .
Manager, duty. .. .. . .. . . . . . .. .. . . .. .. . . .
Police powers extended to system. . . . . . . .
Regulations, preparation . . . . . . . . . . . . . . . .
Trespassing on, damaging, interfering with
property. . . . . . . . . . . . . . . . . . . . . . . . . . .
FLOODS. See: CML EMERGENCIES AND
DISASTERS
FLUORIDATION
Water supply fluoridation authorized. . . . .
FOLLOWING,PRECEDING
Definitions for Code interpretation. . . . . . .
Termsconstrued........................
FOOD AND FOOD HANDLERS
Establishments
Adulterated, unwholesome food or drink
Examination, condemnation of. . . . . .
Compliance with provisions required. . .
DefInitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement and interpretation . . . . . . .
Inspections required. . . .. . . .. . . . . . . . . .
Second inspection required when. . . .
Permits
Application required . . . . . . . . . . . . . . .
~splayrequired...................
Exemption for itinerant restaurants.
3594
Section
14-53
14-57
1-2(16)
42-616(b)(3)
36-75(c)
42-426 et seq.
15-20
15-17
15-21
15-16
15-20
15-18
15-19
15-3
15-2
15-5
15-1
15-5
15-4
41-42
1-2(18)
1-2(18)
16-18
16-11
16-12
16-13
16-19
16-20
16-15
16-14
16-14
e
.
FOOD AND FOOD HANDLERS (Cont'd.)
Fee
Established. . . . . . . . . . . . . . . . . . . . .
Paid to treasury. . .. . . .. . .. . . . . . .
Issuance, prerequisites to. . . . . . . . . . .
Reinstatement of . . . . . . . . . . . . . . . . . .
Renewal ........ . . . . . . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
State regulations adopted . . . . . . . . . .
Suspended, revoked permit
Removal of. . . . . . . . . . . . . . . . . . . . . .
Transient guest tax. . . . . . . . . . . . . . . . . . .
See: TRANSIENT GUEST TAX
Violation and penalties
Permit suspension, revocation for fla-
grant violation. . . . . . . . . . . . . . . .
Second inspection required after. . . .
Ice cream street vendors ............. . . .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Peddlers and solicitors . . . . . . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Private clubs. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ALCOHOLIC BEVERAGES
FORESTER. See: CITY FORESTER
e
FORFEITURES. See: FINES, FORFEITURES
AND OTHER PENALTIES
FOWL. See: ANIMALS AND FOWL
FRANCHISES
Certain provisions saved from repeal. . . . .
Equal opportunity, affirmative action. . . . .
See: EQUAL OPPORTUNITY AND AF-
FIRMATIVE ACTION
Kansas Power and Light Company
Electric franchise, Art. I of App. B
Natural gas franchise, Art. II of App. B.
Oil and gas drilling, etc.. . . .. . . .. . . . .. . . .
See: OIL AND GAS
Salina Cable TV System, Art. III of App. B
Southwestern Bell Telephone Company,
Arts. IV of App. B
.
FRAUD
Library books or property, stealing or tak-
ing............................... .
Offenses against property . . . . . . . . . . - . . . .
See: PROPERTY
Utility service discontinued if taken fraud-
ulently. . . . . . . . . . . . . . . . . . . . . . . . . - . .
FUEL. See: GAS
e
FUNERAL PROCESSIONS
Traffic regulations . . . . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
Supp. No. 16
Section
CODE INDEX
16-15
16-16
16-15
16-22
16-17
16-14
16-13
16-21
37-16 et seq.
16-20
16-20
28-41 et seq.
28-1 et seq.
5-116 et seq.
1-5
13-1 et seq.
26-1 et seq.
19-2
25-91 et seq.
31-6
38-101 et seq.
G
GAMBLING
Carnivals, circuses and tent shows. . . . . . .
Commercial gambling, permitting premises
to be used for... ............... ....
Definition of terms. . .. . . . . . . . . . . . . . . . . . .
Device re, possession of . . . . . . . . . . . . . . . . .
GARBAGE AND TRASH
Animal yards, structures, etc.
Proper maintenance of. . . . . . . . . . . . . . . .
Bills, billing. See herein: Service Charges
and Fees
Burning of garbage ..... . . . . . . . . . . . . . . . .
City removal if responsible person fails. . .
Collection
Frequency . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons authorized to. . . . . . . . . . . . . . . . .
Refuse collection and sanitary landfill .
Commercial enterprises, storage by . . . . . .
Containers
Spillage, prevention of. . . . . . . . . . . . . . . .
Contracts for service to dwellings. . . . . . . .
Debris, junk, etc.
Demolition, removal or relocation of build-
ings........................... .
See: BUILDING CODE
Definitions. . . . . . . - . . . . . . . . . . . . . . . . . . . . .
Discontinuance of service
Delinquent bills. . . . .. . . . . . . . . . . . . .. . .
Disposal
Persons authorized to. . . . . . . . . . . . . . . . .
Disposal, manner of to be approved ......
Draining, wrapping required; when . . . . . .
Dwellings
Contracts for service to . . . . . . . . . . . . . . .
Fees. See herein: Service Charges and Fees
House code requirements................
See: HOUSING
Landfills, solid waste disposal areas. . . . . .
Solid waste disposal areas. See herein
that subject
Licenses
Private haulers .................. . . . .
Private haulers. See herein that sub-
ject
Littering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Occupants of dwellings, etc.
General duties . . . . . . . . . . . . . . . . . . . . . . .
Permits
Permit for disposal of waste originating
outside county. See herein: Solid
Waste Disposal Area
Premises, unoccupied; disposal from.. ....
Private haulers
Licenses
Applications. . . . . . . . . . . . . - . . . . . . . . .
Approval. . . . . . . . . . . . . . . . . . . . . - . . . .
Exemptions .... . . . . . . . . . . . . . - . . . . -
Fees........................ -.....
3595
Section
6-18
25-172
25-171
25-173
7-58
34-32
34-21
34-20
34-19
34-34
34-29
34-31
34-37
8-351 et seq.
34-16
34-36
34-19
34-18
34-30
34-37
18-1 et seq.
34-81 et seq.
34-61 et seq.
25-98
34-17
34-22
34-62
34-62
34-61
34-65
GARBAGE AND TRASH (Cont'd.)
Issuance, contents of. . . . . . . . . . . . . . .
Liability insurance..... ........ ....
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation . . . . . . . . . . . . . . . . . . . . . . . .
Transfer of. . . . . . . . . . . . . . . . . . . . . . . .
Vehicles, registration permits for. . . .
Transportation standards. . . . . . . . . . . . .
Vehicles
Registration permits for. . . . . . . . . . . .
Standards. . . . . . . . . . . . . . . . . . . . . . . . .
Public right-of-way
Unlawful to store refuse, etc. on. . . . . . .
Refuse collection and sanitary landf1l1
Rules; regulations; service charges. . . . .
Regulations
Additional; when authorized . . . . . . . . . .
Authority to adopt. . . . . . . . . . . . . . . . . . . .
Removal by city, when. . . . . . . . . . . . . . . . . . .
SalinalSaline Solid Waste Management
Committee
Appointment and term. . . . . . . . . . . . . . . .
Compensation. . . . . . . . . . . . . . . . . . . . . . . .
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership . . . . . . . . . . . . . . . . . . . . . . . . .
Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Purpose ...................... . . . . . . .
Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service charges and fees
Billing for, when due and payable . . . . .
Delinquent bills. . . . . . . . . . . . . . . . . . . . . .
Discontinuance of service for. . . . . . . .
Refuse collection and sanitary landfill .
Solid waste disposal area . . . . . . . . . . . . .
Solid waste disposal area
Establishment . . . . . . . . . . . . . . . . . . . . . . .
Permit for disposal of waste originated
outside county
Application. . . . . . . . . . . . . . . . . . . . . . . .
Approval. . . . . . . . . . . . . . . . . . . . . . . . . .
~ontransferable.. ...... ........ ...
Terms. .. . .. . .. . . . .. . . . " .. . . . . . .. .
Use fees, presentation and payment.
Removal of objects. . . . . . . .. .. .. . .. . . ..
Rules and regulations . . . . . . . . . . . . . . . .
Service fees. . . . . . . . . . . . . . . . . . . . . . . . . .
Use restricted.. . . . . ... . .. . . . . . . . .. . ..
Spillage
Prevention re trash containers . . . . . . . .
Storage
Areas, cleanliness of. . . . . . . . . . . . . . . . . .
Commercial enterprises, by . . . . . . . . . . .
Facilities
Adequacy of. . . . . . . . . . . . . . . . . . . . . . .
Vermin proofing required. . . . . . . . . . .
Unoccupied premises, disposal from. . . . . .
Unusual situations. . . . . . . . . . . . . . . . . . . . . .
Vehicles
Private haulers ............ . . . . . . . . . .
Supp. ~o. 16
Section
SALI~A CODE
34-64
34-63
34-61
34-68
34-67
34-66
34-51
34-66
34-51
34-26
34-34
34-52
34-38
34-21
34-93
34-94
34-90
34-92
34-95
34-91
34-96
34-35
34-36
34-36
34-34
34-85
34-81
34-86
34-87
34-89
34-88
34-89
34-84
34-83
34-85
34-82
34-31
34-28
34-29
34-27
34-25
34-22
34-33
34-51, 34-66
GARBAGE AND TRASH (Cont'd.)
Vermin
Storage to be inaccessible to, approved.
GAS
Fire prevention code. See that subject
Gasoline sales on streets, prohibited. . .
Liquefied petroleum gases .... . . . . . . . .
Franchises, Art. II of App. B
Mobile home park distribution systems. . .
Oil and gas drilling, etc.. . .. . .. .. . .. . . . ..
See: OIL AND GAS
Pipe lines. See that subject
Public utility generally. . . . . . . . . . . . . . . . . .
See: UTILITIES
GAS CODE
Codes, other. See: TECH~ICAL CODES
Mobile home regulations . . . . . . . . . . . . . . . .
GASOLI~E FILLI~G STATIO~S
Streets, sale of gasoline, etc., on . . . . . . . . .
GEMS
Precious metal dealers . . . . . . . . . . . . . . . . . .
See: PA~BROKERS, ETC.
GE~DER
Word usage for interpreting Code . . . . . . . .
GOI~G OUT OF BUSI~ESS SALES
Goods which may be advertised. . . . . . . . . .
Licenses
Applications .........................
Fees................................ .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Time limitation .. . . . . . . . . . . . . . . . . . . . .
Waiting period. .. .. .. .. .. . .. . . . . . .. ..
GOLD ~D SILVER
Precious metal dealers . . . . . . . . . . . . . . . . . .
See: PA~BROKERS, ETC.
GOVE~ME~T, P~ OF
City manager plan adopted. . . . . . . . . . . . . .
GOVE~mAL~CTlO~S, OFFE~SES
AFFECTI~G
Compounding and offense...............
Escape from custody . . . . . . . . . . . . . . . . . . . .
Aiding escape. . . . . . . . . . . . . . . . . . . . . . . .
False impersonation ........ . . . . . . . . . . . .
False signing of petitions. ...............
Falsely reporting an offense . . . . . . . . . . . . .
Interference with conduct of public busi-
ness in public building . . . . . . . . . . . . .
Obstructing legal process or official duty. .
Public notice, tampering with. . . . . . . . . . . .
Public record, tampering with ...........
Simulating legal process. . . . . . . . . . . . . . . . .
GRADES AND PUBLIC WAYS
Certain provisions saved from repeal. . . . .
3596
Section
34-25
14-79
14-66, 14-67
22-23
26-1 et seq.
31-1 et seq.
22-18
14-79
33-16 et seq.
1-2(7)
32-16
32-27
32-28
32-26
32-29
32-30
33-16 et seq.
2-36
25-111
25-113
25-114
25-120
25-119
25-115
25-121
25-112
25-118
25-117
25-116
1-5
e
.
GRADES AND PUBLIC WAYS (Cont'd.)
Public ways generally. See: STREETS AND
SIDEWALKS
GRAVEYARDS. See: CEMETERIES
GREASE TRAPS
Plumbing code. . . . . . . . . . . . . . . . . . . . . . . . . .
See: PLUMBING CODE
GROCERY STORES
Food and food handlers, establishments. .
See: FOOD AND FOOD HANDLERS
GUARDS
Merchant or private policemen...... .....
See: MERCHANT OR PRIVATE PO-
LICEMEN
GUEST TAX
Transient guest tax . . . . . . . . . . . . . . . . . . . . .
See: TRANSIENT GUEST TAX
GYFSYM HILL CEMETERY. See: CEMETER-
IES
H
e
HANDBILLS
Handbills, etc. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ADVERTISING
HANDICAPPED PERSONS. See: DISABLED
PERSONS
HARASSMENT
Telephones reo . .. . . . . . . . .. . . . . .. . .. .. . . .
.
HAWKING. See: PEDDLERS, CANVASSERS
AND SOLICITORS
HAZARDOUS WASTES
Emergency action in response to release or
threatened release of material into or
upon environment ... . . . . . . . . . . . . . .
See: CML EMERGENCIES AND DI-
SASTERS
Poisons; exposing animals to. . . . . . . . . . . . .
Sewers and sewage disposal . . . . . . . . . . . . .
See: WATER AND SEWERS
HAZARDS
Creating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Demolition, removal or relocation of build-
ings.............................. .
See: BUILDING CODE
Inoperable vehicles .....................
See: TRAFFIC
HEALTH AND SANITATION
Beer parlors, etc. . . . . . . . . . . . . . . . . . . . . . . .
City-county board of health
Appointment, terms, etc.. . . . . . . . . . . . . .
Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenditures ...... . . . . . . . . . . . . . . . . . .
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Supp. No. 16
CODE INDEX
Section
8-176 et seq.
16-11 et seq.
30-16 et seq.
37-16 et seq.
3-1 et seq.
25-141
10-50 et seq.
7-75
41-71 et seq.
25-158
8-351 et seq.
38-81 et seq.
5-77
17-16
17-19
17-19
HEALTH AND SANITATION (Cont'd.)
Officers.. . ... . .... .. ..... .. .. ... .....
Organization. . . . . . . . . . . . . . . . . . . . . . . . .
Powers and duties. .. . . . . . . . . . . . . . . . . .
Termination of . . . . . . . . . . . . . . . . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Demolition, removal or relocation of build-
ings.............................. .
See: BUILDING CODE
Department of public health
Joint resolutions, to be prescribed by . .
Food and food handlers, establishments . .
See: FOOD AND FOOD HANDLERS
Nuisances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: NUISANCES
Persons owning animals, responsibilities .
See: ANIMALS AND FOWL
Solid waste disposal. .. .. . .. . . .. . . .. . . .. .
See: GARBAGE AND TRASH
Water and sewer facilities
Approval for zoning purposes. . . . . . . . . .
HEARING IMPAIRED PERSONS. See: DIS-
ABLED PERSONS
HEARINGS
Building codes advisory and appeals board
Scheduling and noticing appeal for hear-
ing............................ .
Equal opportunity, affirmative action
Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unlawful practices . . . . . . . . . . . . . . . . . . .
Housing board. . . . . . . . . . . . . . . . . . . . . . . . . .
Peddlers and solicitors; licenses and per-
mits
Suspension, revocation, appeals
Notice and hearing............. ....
Zoning changes. . . . . . . . . . . . . . . . . . . . . . . . .
HEATING
Dwellings, heating of. . . . . . . .. .. . . . .. . .. .
Technical codes. See that subject
Water heating facilities. . . . . . . . . . . . . . . . . .
HEDGES. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
HEREDITAMENTS
Real property defined reo . .. . .. .. .. .. .. ..
HERITAGE CONSERVATION DISTRICT
Zoning regulations. . . . . . . . . . . . . . . . . . . . . .
See: ZONING
HIGHWAYS
Street defined re. . . . . . . . . . . . . . . . . . . . . . . .
Public ways generally. See: STREETS
AND SIDEWALKS
HISTORICAL AREAS
Heritage conservation district. . . . . . . . . . . .
See: ZONING
3597
Section
17-18
17-16
17-17
17-20
17-1,17-2
8-351 et seq.
2-121
16-11 et seq.
24-1 et seq.
7-46 et seq.
34-16 et seq.
42-62
18-42(c)
13-113
13-88
18-24
28-77
42-24
18-63
18-72
1-2(20)
42-456 et seq.
1-2-(23)
42-456 et seq.
HISTORICAL AREAS (Cont'd.)
Historic spots, trees, shrubbery, etc.
Preservation of natural features, etc.
HOLIDAYS
Observance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HOME OCCUPATIONS
Regulated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HONEYBEES
Keeping of bees. ........................
HORNS AND SIGNAL DEVICES
Motor vehicles sounding. . . . . . . . . . . . . . . . .
HOSPITALS, ETC.
City-county board of health. . . . . . . . . . . . . .
See: HEALTH AND SANITATION
Doctors, etc. See that subject
Wounds inflicted by firearms or weapons
Unlawful failure to report. . . . . . . . . . . . .
Zoning generally. . . . . . . . . . . . . . . . . . . . . . . .
See: ZONING
HOTELS, MOTELS, ETC.
Alcoholic beverages generally. . . . . . . . . . . .
See: ALCOHOLIC BEVERAGES
Equal opportunity, affirmative action. . . . .
Food and food handlers, establishments . .
See: FOOD AND FOOD HANDLERS
Transient guest tax . . . . . . . . . . . . . . . . . . . . .
See: TRANSIENT GUEST TAX
Zoning generally. . . . . . . . . . . . . . . . . . . . . . . .
See: ZONING
HOUSE MOVING
Demolition, removal or relocation of build-
ings.............................. .
See: BUILDING CODE
Moving buildings through public ways. . . .
See: STREETS AND SIDEWALKS
HOUSE TRAILERS. See: MOBILE HOMES
AND TRAILERS
HOUSE-TO-HOUSE SALESMEN. See: PED-
DLERS, CANVASSERS AND SOLICI-
TORS
HOUSING
Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration and enforcement
Inspection authorized. . . . . . . .. . . . . . . . .
Notification and right of entry. . . . . . . . .
Occupant to give owner access, when . .
Responsibilities for enforcement. . . . . . .
Appeals
Building codes advisory and appeals
board. See herein that subject
Basements
Dwelling units reo . . . . . . . . . . . . . . . . . . . .
Occupancy. . . . . . . . . . . . . . . . . . . . . . . . . . .
Bathing facilities .............. . . . . . . . . .
Supp. No. 16
Section
SALINA CODE
36-80
1-14
42-60
7-34
3S-155
17-16 et seq.
25-159
42-1 et seq.
5-16 et seq.
13-72
16-11 et seq.
37-16 et seq.
42-1 et seq.
S-351 et seq.
35-61 et seq.
18-7S
lS-23
lS-23(b)
lS-23(c)
lS-21
lS-67
lS-62
lS-69
HOUSING (Cont'd.)
Building codes advisory and appeals board
Appeals from decisions. . . . . . . . . . . . . . . .
Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Effect offailure to appeal . . . . . . . . . . . . .
Procedure
Form of appeal . . . . . . . . . . . . . . . . . . . .
Hearing
Conduct of hearing, procedure for
Decision, method and form of. .
Form of notice of hearing. . . . . .
Generally . . . . . . . . . . . . . . . . . . . .
Subpoenas ...................
Scheduling and noticing appeal for
Scope of . . . . . . . . . . . . . . . . . . . . . . . .
Stay order. . . . . . . . . . . . . . . . . . . . . .
Right of appeal . . .. . . . .. .. . .. . .. .. .
Building official
Responsibility re enforcement. . . . . . . . .
Service of complaint or order. . . . . . . . . .
Ceiling heights . . . . . . .. . . .. . . .. .. .. . . . ..
Cellars
Dwelling units reo . ... . .. . . .. . . . . . . .. .
Occupancy. . . . . . . . . . . . . . . . . . . . . . . . . . .
Code; minimum housing code. . . . . . . . . . . .
Codes, other. See: TECHNICAL CODES
Complaints, service. . . . . . . . . . . . . . . . . . . . .
Condemnation of unfit dwellings. . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Demolition
Order to repair, remove or demolish . . .
Procedures.. . .. . . . . .. . .. . . . . .. .. . . . ..
Doors. . . . . . . . . . . . . . . . _ _ . . . . . . . . . . . . . . . .
Drainage of yards, courts, etc. ...... . . . . .
Driveway construction and repair. . . . . . . .
See: STREETS AND SIDEWALKS
Dwellings. See herein specific subjects
Enforcement. See herein: Administration
and Enforcement
Equal opportunity, affirmative action
Generally re . . . . . . . . . . . . . . . . . . . . . . . . .
See: EQUAL OPPORTUNITY AND
AFFIRMATIVE ACTION
Unlawful practices . . . . . . . . . . . . . . . . . . .
Floor area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Garages; attached garages........ .......
Garbage and trash receptacles. . . . _ _ . . . . .
Hallways, ventilating . . . . . . . . . . . . . . . . . . .
Heating facilities
Water heating facilities. . . . . . . . . . . . . . .
Heating of dwellings . .. . .. . .. . . . . . . . .. . .
Inspections
Authorization. . _ . . . . . . . . . . . . . . . . . . . . .
Kitchen sinks. . . . . . . . . . . . . . . . . . . . . . . . . . .
Lavatory facilities. . . . . . . . . . . . . . . . . . . _ . . .
Lighting .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Artificial. . . . . . . . . . . . . . . . . . . . . . _ . . . . . .
'lbilets and bathrooms . . . . . . . . . . . . . . . .
Maintenance and repair. . . . . . . . . . . . . . . . .
Means of access. . . _ . . . . . . . . . . . . . . . . . . . . .
3598
Section
18-47
18-41
18-43
18-42(b)
18-46(d)
lS-46(a)
18-46(b)
18-46(a)
lS-46(c)
lS-42( c)
lS-44
lS-45
lS-42(a)
lS-21
lS-30
lS-6S(a)
lS-67
lS-62
lS-l
18-30
lS-26
lS-4
lS-27
lS-2S
lS-65
lS.79
35-121 et seq.
13-101 et seq.
13-73
lS-6S
IS-SO
18.77
lS-64(e)
lS-72
lS-63
18-23
18-71
lS-73
18-66
lS-64
18-67
18-7
18-78
e
.
HOUSING (Cont'd.)
Mechanical ventilation . . . . . . . . . . . . . .. . . .
Nondwelling areas and attached garages .
Nuisance declared
Municipal court prosecution. . . . . . . . . . .
Occupancy regulations . . . . . . . . . . . . . . . . . .
See herein specific subjects
Order to vacate unfit dwellings . . . . . . . . . .
Owners, occupants, etc.
Responsibilities, generally . . . . . . . . . . . .
Placarding unfit dwellings. . . . . . . . . . . . . . .
Plumbing, maintenance. . . . . . . . . . . . . . . . .
Policy and purpose declared . . . . . . . . . . . . .
Private wastewater disposal systems
Additional requirements . . . . . . . . . . . . . .
Availability of sewer. . . . . . . . . . . . . . . . . .
Compliance . . . . . . . . . . . . . . . . . . . . . . . . . .
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Responsibility of owner. . . . . . . . . . . . . . .
Use of public sewers required. . . . . . . . .
Removal
Order to repair, remove or demolish . . .
Reoccupaney of unfit dwellings. . . . . . . . . . .
Repair and maintenance ..... . . . . . . . . . . .
Order to repair, etc. ... . . . . . . . . . . . . . . .
Procedure for repairs, etc.. . . . . . . . . . . . .
Sewers and sewage disposal
Private wastewater disposal systems. See
herein that subject
Short title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sidewalk construction and repair . . . . . . . .
See: STREETS AND SIDEWALKS
Sleeping areas, ventilation ..............
Smoke detectors
Basement.. .. .... .. . .. . ... ........ ...
Fire, in case of . . . . . . . . . . . . . . . . . . . . . . .
Power source....... .... .. .. ... ..... ..
Required installation . . . . . . . . . . . . . . . . .
Toilets
Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Providing. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unfit dwellings
Conditions making . . . . . . . . . . . . . . . . . . .
Designation, condemnation. .... .......
Emergeney abatement. . . . . . . . . . . . . . . .
Use and occupancy regulations
Enumerated . . . . . . . . . . . . . . . . . . . . . . . . .
See herein specific subjects
Scope and applicability . . . . . . . . . . . . . . .
Vent shaft; ventilation and light .. . . . . . . .
Ventilation, artificial. . . . . . . . . . . . . . . . . . . .
Violations
Notice
Contents, service ....... . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
Water closets. . . . . . . . . . . . . . . . . . . . . . . . . . .
Windows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
e
Supp. No. 16
Section
CODE INDEX
18-64(c)
18-80
18-25.1
18-61 et seq.
18-26(2)
18-6
18-26(2)
18-74
18-3
18-75.5
18-75.3
18-75.2
18-75
18-75.1
18-75.4
18-75.1
18-27
18-26(3)
18-7
18-27
18-28
18-1
35-121 et seq.
18-64(0
18-81(c)
18-22
18-81(b)
18-81(a)
18-76
18-70
18-29
18-26
18-31
18-61 et seq.
18-61
18-64(d)
18-64
18-25
18-23
18-75
18-65
HOUSING ADVISORY AND APPEALS
BOARD
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: HOUSING
HUMAN RELATIONS COMMISSION
Generally. .. . . . . .. .. .. . . .. . .. .. .. .. .. ..
See: EQUAL OPPORTUNITY AND AF-
FIRMATIVE ACTION
HUMAN RELATIONS DEPARTMENT
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HUMANITIES
Arts and humanities commission.........
See: ARTS AND HUMANITIES COM-
MISSION
HYDROPHOBIA
Dogs and cats; rabies vaccination . . . . . . . .
I
ICE CREAM STREET VENDORS
Provisions re . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
IMPERSONATION
Blind or incapacitated person. . . . . . . . . . . .
False impersonation ............ . . . . . . . .
IMPROVEMENTS. See: PUBLIC WORKS
AND IMPROVEMENTS
"IN THE CITY"
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
INDEBTEDNESS OF CITY. See: FINANCES
INDECENCY AND OBSCENITY
Adult-oriented businesses . . . . . . . . . . . . . . .
See: ADULT-ORIENTED BUSINESSES
Public morals, offenses against .. . . . . . . . .
See: PUBLIC MORALS, OFFENSES
AGAINST
Sex offenses
Lewd, lascivious behavior. . . . . . . . . . . . .
Peeping tom .. . . . . . . . . . . . . . . . . . . . . . . .
INDEMNIFICATION
Bonds and insurance of contractors, licens-
ees, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indemnification for liability
Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses
Authorization, revocation of . . . . . . . .
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirements for payment .. . . . . . . .
Findings of fact ......................
Investigations. .. .. ... . . .. ... . . . . . . .. .
Majority approval of board re . . . . . . . . .
3599
Section
18-41 et seq.
13-51 et seq.
13-58
13-59, 13-60
2-161 et seq.
7-54
28-41 et seq.
38-25
25-120
1-2(8)
6-46 et seq.
25-171 et seq.
25-71
25-72
2-3
2-76
2-80
2-77
2-79
2-78
2-78
2-81
INDMDUALS
Person defmed re . . . . . . . . . . . . . . . . . . . . . . .
Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
INDUSTRIAL WASTES
Sewers and sewage disposal . . . . . . . . . . . . .
See; WATER AND SEWERS
INFECTIOUS DISEASE. See: DISEASE CON-
TROL
INFLAMMABLES. See: COMBUSTIBLES
ANDINFLAMMABLES
INNS. See: HOTELS, MOTELS, ETC.
INOCULATION
Dogs and cats; rabies vaccination . . . . . . . .
INOPERABLE VEHICLES
Generally .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
INSECT CONTROL. See: PEST CONTROL
INSTITUTIONS
Loitering or trespassing on grounds of pub-
lic or private ... . . . . . . . . . . . . . . . . . . .
INSURANCE
Bail bond agents and companies
Insurance agent/company; registration.
Insurance bonds; forfeited. . . . . . . . . . . . .
Buildings and structural appurtenances,
general license requirements; insur-
ance required. .. . .. . . . . . . . . . . . . . . ..
Contractors, licensees, etc.. . . . . . . . . . . . . . .
Contractors/tradesman registration, insur-
ance required. . . . . . . . . . . . . . . . . . . . . .
Fire, explosion or windstorm, damaged
structures re ... . . . . . . . . . . . . . . . . . . .
Firemen's relief association re . . . .. . . . . ..
Fireworks display. . . . .. . . . . .. . . . . . . . . .. .
Ice cream street vendors; operating regula-
tions
Liability insurance . . . . . . . . . . . . . . . . . . .
Merchant police service business. . . . . . . . .
Mobile home contractor's license . . . . . . . . .
Oil and gas drilling, etc.. . . . . . . . . . . . . . . . .
Person advertising their own business, in-
surance for. . . . . . . . . . . . . . . . . . . . . . . .
INTERSECTIONS. See: TRAFFIC
INTOXICATION. See: ALCOHOLIC BEVER-
AGES
INUNDATION
Flood protection works . . . . . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
Supp. No. 16
Section
SALINA CODE
1-2(16)
42-616(bX3)
41-71 et seq.
7-54
38-81 et seq.
25-136
23-35
23-36
8-58
2-3
8-517
8-505, 8-506
14-26
14-54
28-51
34-41
22-6
26-19, 26-20
8-384
15-16 et seq.
IRRIGATION
Flood protection works. . . . . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
ITINERANT MERCHANTS. See: PEDDLERS
CANVASSERS AND SOLICITORS '
ITINERANT RESTAURANTS. See: EATING
ESTABLISHMENTS
J
JAIL. See: PRISONS AND PRISONERS
JEWELRY
Precious metal dealers. . . . . . . . . . . .. . . . . .
See: PAWNBROKERS, ETC.
JOINT AUTHORITY
Construed............................. .
JOINT CITY-COUNTY RESOLUTIONS OR
ORDINANCES
Certain provisions saved from repeal. . . . .
JOINT OWNER
Owner defined re . . . . . . . . . . . . . . . . . . . . . . .
JUDGMENTS
Indemnification and liability. . . . . . . . . . . . .
See; INDEMNIFICATION
JUNK AND JUNK DEALERS
Automobiles, junked
Junk dealers classifications. . . . . . . . . . .
Junk parts dealers, classification. . . . . .
Inoperable vehicles ......... . . . . . . . . . . . .
See; TRAFFIC
Junk buyers, classification. . . . . . . . . . . . . . .
Junk collectors, classification. . . . . . . . . . . .
Junk dealers, classification. . . . . . . . . . . . . .
Junk, defined. . . . . . . . . . . . . . . . . . . . . . . . . . .
Licenses
Additional license for separate place of
b .
USlness . . . . . . . . . . . . . . . . . . . . . . . .
Applications . . . . . . . . . . . . . . . . . . . . . . . . .
Submission, approval . . . . . . . . . . . . . .
Classification of. . . . . . . . . . . . . . . . . . . . . .
Collector's license required for each ve-
hicle. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees... ....... ......... ..............
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension, revocation. . . . . . . . . . . . . . . .
Paper junk dealers, classification ... . . . . .
Reports to police. . . . . . . . . . . . . . . . . . . . . . . .
Scrap metal processor, classification... ...
Storage regulations . . . . . . . . . . . . . . . . . . . . .
Time articles must be kept . . . . . . . . . . . . . .
Wrecking yards
Classification of licensees . . . . . . . . . . . . .
JURISDICTION. See: POLICE POWERS
3600
Section
15-16 et seq.
33-16 et seq.
1-2(9)
1-5
1-2(15)
2-76 et seq.
33-49(5 )
33-49(6)
38-81 et seq.
33-49(2)
33-49(3)
33-49( 1)
33-36
33-53
33-47
33-48
33-49
33-52
33-50
33-46
33-51
33-54
33-49(4)
33-39
33-49(7)
33-38
33-39
33-49
e
.
e
.
e
JUVENILES. See: MINORS
K
CODE INDEX
Section
KANSAS CRIMINAL CODE
Generally. . .. . . . . . . . . . . . . . . . .. . . . . . . ... 25-191, 25-192
KANSAS STANDARD TRAFFIC ORDI-
NANCE
Adoption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
KANSAS, STATE OF. See: STATE
KS.A (Kansas Statutes Annotated)
Abbreviations. . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemptions of city from certain provisions
Charter ordinances 27-30. . . . . . . . . . . .
L
LAKES. See: BOATS, DOCKS AND WATER-
WAYS
LAND
Charter ordinance No. 20..... ...........
Flood protection works . . . . . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
Municipal property. See: PROPERTY
Owner, defined re. . . . . . . . . .. . . . . . .. . . . . .
Real property defined re. . . . . . . . . . . . . . . . .
Subdivision regulations ....... . . . . . . . . . .
See: SUBDIVISIONS
Tenant, occupant, etc., construed. . . . . . . . .
LANDMARKS
Heritage conservation district. . . . . . . . . . . .
See: ZONING
Tampering with. . . . . . . . . . . . . . . . . . . . . . . . .
LANDSCAPING
Zoning regulations. . . . . . . . . . . . . . . . . . . . . .
LA1~ES
Street defined re. . . . . . . . . . . . . . . . . . . . . . . .
Public ways generally. See: STREETS
AND SIDEWALKS
LAW, DEPARTMENT OF
City attorney and assistants. . . . . . . . . . . . .
See: CITY ATTORNEY
LAWSUITS. See: SUITS AND PLEAS
LAWYERS. See: ATTORNEYS
LEAFLETS, PAMPHLETS, ETC.
Handbills, etc. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ADVERTISING
LEGAL HOLIDAYS. See: HOLIDAYS
LEGAL PROCESS. See: WRITS, WARRANTS
AND OTHER PROCESSES
Supp. No. 16
38-1
1-2(10)
App.A
App.A
15-16 et seq.
1-2(15)
1-2(20)
36-1 et seq.
1-2(24)
42-456 et seq.
25-99
42-65
1-2(23)
2-106 et seq.
3-1 et seq.
LEWD, LASCIVIOUS BEHAVIOR
Sex offenses re .........................
LIABILITY
Contractor's bonds, insurance, etc. .... . . .
Corporate offenses; individual liability for
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATION
Offenses of another, liability for. . . . . . . . . .
LIABILITY INSURANCE. See: INSURANCE
LIBRARY
Books
Damaging . . . . . . . . . . . . . . . . . . . . . . . . . . .
Failing to return after notice. . . . . . . . . .
Stealing, taking. . .. . . . . .. . . . . . .. . . .. .
Damage to books or property .., . . . . . . . . .
Use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LIBRARY BOARD
Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . .
Budgets and tax levies . . . . . . . . . . . . . . . . . .
Chairman, secretary, treasurer
Election of. . . . . . . . . . . . . . . . . . . . . . . . . . .
Composition. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Corporate status, title, powers. . . . . . . . . . .
Mayor as ex officio member, powers . . . . . .
Meetings
Date, place. . . . . . . . . . . . . . . . . . . . . . . . . . .
Special meetings
Calling. . . . . .. .. .. .. .. . . . . . .. .. " . .
Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Members
Compensation of . . . . . . . . . . . . . . . . . . . . .
Holding other city offices. . . . . . . . . . . . . .
Mayor as ex officio member, powers....
Residence of . . . . . . . . . . . . . . . . . . . . . . . . .
Resignation, removal, etc.
Filling vacancies. . . . . . . . . . . . . . . . . . .
Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Organization of board. . . . . . . . . . . . . . . . . . .
Other city offices
Board members holding. . . . . . . . . . . . . . .
Powers and duties. . . . . . . . . . . . . . . . . . . . . .
Real property
Approval of board dealings in ..... . . . .
Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number limited..... .. ....... ........
Treasurer
Bond of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties of. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Election of. . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacancies, filling. .. . . . .. . .. . .. . . .. .. .. ..
LICENSES AND PERMITS
Adult-oriented businesses .. . . . . . . . . . . . . .
See: ADULT-ORIENTED BUSINESSES
Alcoholic beverages reo See: ALCOHOLIC
BEVERAGES
3601
Section
25-71
2-3
25-4(b)
2-76 et seq.
25-3
19-4
19-3
19-2
19-4
19-1
19-22
19-38
19-32
19-21
19-30
19-24
19-33
19-33
19-34
19-29
19-25
19-24
19-26
19-27
19-32
19-32
19-25
19-35
19-31
19-23
19-28
19-36
19-37
19-32
19-27
6-54 et seq.
LICENSES AND PERMITS (Cont'd.)
Animals and fowl
Cats and dogs, registration. . . . . . . . . . . .
See: ANIMALS AND FOWL
Bail bond agents and company. . . . . . . . . . .
See: BAIL BOND AGENTS AND COM-
PANIES
Bee keeping permits . . . . . . . . . . . . . . . . . . . .
Building permits. See: BUILDING CODE
Carnivals, etc. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: CARNIVALS, CIRCUSES AND
TENT SHOWS
Cats and dogs, registration. . . . . . . . . . . . . .
See: ANIMALS AND FOWL
Certificates of occupancy . . . . . . . . . . . . . . . .
Circus permits. . . . . . . . . . . . . . . . . . . . . . . . . .
City manager
Annual review of all fees. . . . . . . . . . . . . .
Contractors/tradesman registration .. . . . .
See: CONTRACTORS
Curb marking license or permit. . . . . . . . . .
See: STREETS AND SIDEWALKS
Dances. See herein: Public Dances
Delinquencies permit fee . . . . . . . . . . . . . . . .
Driveway construction and repair. . . _ . . . .
See: STREETS AND SIDEWALKS
Electrical contractors. . . . . . . . . . . . . . . . . . . .
See: ELECTRICAL CONTRACTORS
Electrical mechanics . . . . . . . . . . . . . . . . . . . .
See: ELECTRICAL MECHANICS
Excavations in streets.. . . .. _ . . .. . . . . . .. .
See: STREETS AND SIDEWALKS
Fees
Administrative provisions re . . . . . . . . . .
Board of commissioners to determine,
ete.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delinquent permit fee . . . . . . . . . . . . . . . .
Fence permits . . . . . . . . . . . . . . . . . . . . . . . . . .
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Food and food handlers, establishments . .
See: FOOD AND FOOD HANDLERS
Going out of business sales.. ............
See: GOING OUT OF BUSINESS SALES
House moving. . . . . . . . . . . . . . . . . . . . _ . . . . .
See: STREETS AND SIDEWALKS
Ice cream street vendors; licenses. . . . . . . .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Junk and junk dealers . . . . . . . . . . . . . . . . . .
See: JUNK AND JUNK DEALERS
Loudspeakers; license. . . . . . . . . _ . . . . . . . . .
Mechanical contractors. . . . . . . . . . . . . . . . . .
See: MECHANICAL CONTRACTORS
Mechanical permits and inspections. . . . . .
See: MECHANICAL CONTRACTORS
Merchant or private policemen... .... ....
See: MERCHANT OR PRIVATE PO-
LICEMEN
Supp. No. 16
Section
SALINA CODE
7-91 et seq.
23-20 et seq.
7-34
6-17,6-31
7-91 et seq.
42-5
6-17
2-2(b)
8-508 et seq.
35-107 et seq.
1-13
35-121 et seq.
8-111 et seq.
8-131 et seq.
35-201 et seq.
2-2
2-2
1-13
8-401 et seq.
16-14 et seq.
32-16 et seq.
35-61 et seq.
28-41 et seq.
33-46 et seq.
3-5
8-291 et seq.
8-311 et seq.
30-16 et seq.
LICENSES AND PERMITS (Cont'd.)
Mobile home contractors and craftsmen ..
See: MOBILE HOMES AND TRAILERS
Moving buildings . .. .. .. . .. .. .. .. .. . .. . .
See: STREETS AND SIDEWALKS
Occupational licenses (generally). See also
specific subjects
Age of licensees ......................
Applications .........................
Compliance prerequisite . . . . . . . . . . . . . .
Compliance required. . . . . . . . . . . . . . . . . .
Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to carry, exhibit license. . . . . . . . . .
Fees
Due date. . . . . . . . . . . . . . . . . . . . . . . . . .
Generally . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery by suit. . . . . . . . . . . . . . . . . . .
Forfeitures. . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspections
Regulated business subject to inspec-
tion......................... .
Issuance..... ........ ............... .
License not to authorize violation oflaw
Other regulations not effected. . . . . . . . .
Partial year. . . . . . . . . . . . . . . . . . . . . . . . . .
Posted, exhibited. .. .. .. .. . . . .. .. .. .. .
Refunds prohibited . .. .. . . .. . .. . . .. . ..
Separate license required for each place
of business.. . ... ... . .. . .... . . .. .
Transferability. . . .. . . .. . . .. .. . .. .. . . .
Oil and gas drilling, ete.. . . . . . . . . . . . . . '.' .
See: OIL AND GAS
Parades and processions. '" .... .. . . .. . . .
Park permit systems. . . . . . . . . . . . . . . . . . . .
Pawnbrokers, etc. . . . . . . . . . . . . . . . . . . . . . . .
See: PAWNBROKERS, ETC.
Peddlers and solicitors
Ice cream street vendors; licenses. . . . . .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Plumbers' licenses and certificates . . . . . . .
See: PLUMBING
Precious metal dealers. See herein: Pawn-
brokers, Etc.
Private garbage and trash haulers . . . . . _ _
See: GARBAGE AND TRASH
Private wastewater disposal systems. . . . .
Secondhand dealers. See herein: Pawnbro-
kers, Etc.
Sewers and sewage disposal . . . . . . . . . . . . .
See: WATER AND SEWERS
Sidewalk construction and repair . . . . . . . .
See: STREETS AND SIDEWALKS
Sign business license... .. .. .. .. . ... . . . . .
Sign permits ...........................
Solid waste disposal permits. . . . . . . . . . . . .
See: GARBAGE AND TRASH
3602
Section
22-51 et seq.
35-61 et seq.
20-3
20-2
20-18
20-1
20-6
20-12
20-7
20-4
20-9
20-19
20-11
20-5
20-17
20-16
20-8
20-10
20-14
20-15
20-15
26-16 et seq.
38-101
27-17
33-16 et seq.
28-41 et seq.
28-11 et seq.
8-201 et seq.
34-61 et seq.
18-75.1
41-71 et seq.
35-121 et seq.
8-383
8-382, 42-501
34-86 et seq.
e
.
LICENSES AND PERMITS (Cont'd.)
Sound trucks; license. . . . . . . . . . . . . . . . . . . .
Swimming pools, private . . . . . . . . . . . . . . . .
See: SWIMMING POOLS (Private)
Taxicab licenses .... .. .. .. .. . .. .. . .. . . . .
See: TAXICABS
Trees and shrubs
Licensing and regulations. . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Water and sewers reo See: WATER AND
SEWERS
Zoning licenses and permits. See: ZONING
LIFE INSURANCE. See: INSURANCE
LIGHT AND POWER COMPANY
Franchise, Arts. I and II of App. B
e
LIGHTS AND LIGHTING
Codes
Electrical code . . . . . . . . . . . . . . . . . . . . . . .
See: ELECTRICAL CODE
Housing code requirements .... . . . . . . .
See: HOUSING
Other technical codes. See: TECHNI-
CAL CODES
Peddlers and solicitors; ice cream street
vendors; operating regulations
Marking and lighting on vehicle. . . . . . .
Swimming pools, private; compliance. . . . .
LIQUEFIED PETROLEUM GASES
Fire prevention code . . . . . . . . . . . . . . . . . . . .
.
LIQUIDATION SALES
Going out of business sales. . . . . . . . . . . . . .
See: GOING OUT OF BUSINESS SALES
LIQUOR. See: ALCOHOLIC BEVERAGES
LITIGATION. See: SUITS AND PLEAS
LITTERING
Offenses against property . . . . . . . . . . . . . . .
Solid waste in general. . . . . . . . . . . . . . . . . . .
See: GARBAGE AND TRASH
LIVESTOCK. See: ANIMALS AND FOWL
LOCAL IMPROVEMENTS. See: PUBLIC
WORKS AND IMPROVEMENTS
LODGING HOUSES. See: HOTELS, MO-
TELS, ETC.
LOITERING
Bondsmen loitering in courtroom, County
jail, or police station . . . . . . . . . . . . . . .
Cereal malt beverage premises. . . . . . . . . . .
Minors, curfew re . . . . . . . . . . . . . . . . . . . . . . .
See: MINORS (Juveniles, children, etc.)
Schools or institutions (public or private)
Loitering or trespassing on grounds of .
e
Supp. No. 16
Section
CODE INDEX
3-5
8-462 et seq.
40-11 et seq.
39-110 et seq.
8-66 et seq.
18-1 et seq.
28-62
8-466
14-66, 14-67
32-16 et seq.
25-98
34-1 et seq.
23-17
5-73
21-16 et seq.
25-136
LOTS
Split regulations. . .. . .. . . . . . . . . . . . . . . .. .
See: SUBDMSIONS
LOUDSPEAKERS AND SOUND TRUCKS
Licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Peddlers and solicitors; ice cream street
vendors; operating regulations
Sound devices. .. .. .. . .... .. . . ... . . .. .
Prohibited hours of use. .................
LOUNGES AND CLUBS
Alcoholic beverage regulations. . . . . . . . . . .
See: ALCOHOLIC BEVERAGES
M
MALT BEVERAGES. See: ALCOHOLIC BEV-
ERAGES
MANAGER. See: CITY MANAGER
MAPS. See: SURVEYS, MAPS AND PLATS
MASTER STREET PLAN
Traffic regulations to conform. . . . . . . . . . . .
MAYOR
Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ELECTIONS
Library board, ex officio member of . . . . . .
MEAT MARKETS
Food and food handlers, establishments . .
See: FOOD AND FOOD HANDLERS
MECHANICAL CODE
Air conditioners ................. . . . . . . .
See: WATER AND SEWERS
Codes, other. See: TECHNICAL CODES
Mobile home regulations . . . . . . . . . . . . . . . .
Sign code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: SIGN CODE
Uniform Mechanical Code
Adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments.............. .... ..... . .
MECHANICAL CONTRACTORS
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
License
Prerequisites to apply ....... . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mechanical contractor must have a master
heating, ventilation and air-condition-
ing mechanic in full-time employ-
ment,.. ............ .... .... ... ....
MEDICAL HOSPITALS. See: HOSPITALS,
ETC.
MERCHANT OR PRIVATE POLICEMEN
Business address, change of . . . . . . . . . . . . .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Drawing or discharging unlawful, when
3603
Section
36-59 et seq.
3-5
28-61
3-6
5-16 et seq.
38-2
12-1 et seq.
19-24
16-14 et seq.
41-51 et seq.
22-18
8-381 et seq.
8-281
8-282 et seq.
8-291
8-293
8-292
8-294
30-24
30-16
30-25(3)
MERCHANT OR PRIVATE POLICEMEN
(Cont'd.)
License or permit
Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Identification cards. . . . . . . . . . . . . . . . . . .
Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . .
License, application for . . . . . . . . . . . . . . .
Approval or disapproval. . . . . . . . . . . .
License fee. . . . . . . . . . . . . . . . . . . . . . . . . . .
Licenses or permits, other
Provisions intended to be in addition
to........................... .
Permit, application for................
Approval or disapproval. . . . . . . . . . . .
Permit, expiration of. . . . . . . . . . . . . . . . . .
Permit fee . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permit; term, duration of . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension or revocation..............
Permits. See herein: License or Permit
Personnel, changes in . . . . . . . . . . . . . . . . . . .
Police generally. See: POLICE DEPART-
MENT
Uniforms. . .. . . . . . . . . . . . . . . . . .. .. . .. . . . .
Unlawful acts ... . . . _ . . . . . . . . . . . . . . . . . . .
Vehicles
Marking of. . . . . . . . . . . . . . . . . . . . . . . . . . .
Red lights and sirens, use. . . .. ... . ... .
MICE. See: PEST CONTROL
MILITARY ACTION. See: CIVIL EMERGEN-
CIES AND DISASTERS
MINING
Oil and gas drilling, etc.. . . .. . . .. . .. . . . ..
See: OIL AND GAS
MINORS (Juveniles, children, etc.)
Alcoholic beverages . . . . . . . . . . . . . . . . . . . . .
See: ALCOHOLIC BEVERAGES
Curfew. See also that subject
Curfew for children. . . . .. .. . . . . . .. .. ..
Definitions. .. . . . . . . . . . .. . . . . . _ . . . . .. .
Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Severability. . . . . . . . . . . . . . . . . . . . . . . . . .
Offenses affecting children
Furnishing alcoholic liquor to minors . .
Furnishing cereal malt beverage to mi-
nors........................... .
Thbacco products or cigarettes; purchase
or possession of by minors .......
Furnishing cigarettes or tobacco prod-
ucts to a minor . . . . . . . . . . . . . . .
Watercraft, lifesaving devices required .
Pawnbrokers, etc.; dealings with. . . . . . . . .
Peddlers and solicitors
Permit for sponsoring juvenile peddlers
or solicitors. . . . . . . . . . . . . . . . . . . . .
Supp. No. 16
SALINA CODE
Section
Section
30-42
30-45
30-41
30-38
30-40
30-43
30-37
30-39
30-40
30-44
30-44
30-44
30-36
30-46
30-22
30-17
30-25
30-18
30-20
26-16 et seq.
5-1 et seq.
21-17
21-16
21-18
21-19
21-20
25-81
25-82
25-84
25-85
25-83
33-19
28-12
3604
e
.
MINORS (Juveniles, children, etc.) (Cont'd.)
Traffic
Parental responsibility for violations by
children. .. .. . . . . .. .. . . . . . . . . .. .
Police to take up vehicles, bicycles or
other devices.. . .. .... .... .. .. ...
Watercraft, lifesaving devices required ...'
Section
CODE INDEX
38-32
38-33
25-83
MISCELLANEOUS PROVISIONS
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25-191, 25-192
e
MOBILE HOMES AND TRAILERS
Alteration of internal mechanical system .
Buildings
New parks, etc. ......................
Construction standards
New parks or expansions .. . . . . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Drainage.............................. .
New parks, etc. ......................
Electrical distribution system. . . . . . . . . . . .
Alteration of . . . . . . . . . . . . . . . . . . . . . . . . .
New parks, mobile home service lines..
Environmental standards. . . . . . . . . . . . . . . .
Fees.. ........... ..... ........ ...... ...
Issuance, requirements . . . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation. . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire protection
Mobile home parks . . . . . . . . . . . . . . . . . . .
New parks or expansions . . . . . . . . . . . . .
Future mobile homes, etc.
Applicability. . . . . . . . . . . . . . . . . . . . . . . . .
Gas distribution system. . . . . . . . . . . . . . . . .
Alteration of. . . . . . . . . . . . . . . . . . . . . . . . .
New parks, mobile home service lines..
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Inspections
Contractors or craftsmen. . . . . . . . . . . . . .
See herein: Mobile Home Contractors
and Craftsmen
Licenses
Contractors and craftsmen. . . . . . . . . . . .
See herein: Mobile Home Contractors
and Craftsmen
Licenses for mobile home parks
Lighting
New park streets, etc. ............. . . .
Location of mobile home park. . . . . . . . . . . .
Mobile home contractors and craftsmen
Apprentice mobile home craftsmen
Classification.. . . . . . . . . . . . . . . . . . . . .
Board of examiners
Created, membership . . . . . . . . . . . . . .
Bond required. . . . . . . . . . . . . . . . . . . . . . . .
Craftsmen, classes established . . . . . . . .
Inspections
Approval required .................
Building official to inspect. . . . . . . . . .
.
e
Supp. No. 13
22-18
22-36(c)
22-38
22-1
22-19(a)
22-36(b)
22-23(c)
22-18
22-38(e)
22-19
22-22(c)
22-22(b)
22-22(a)
22-22(b)
22-23(e)
22-38(c)
22-16 et seq
22-23(a)
22-18
22-38(e)
18-1 et seq.
22-71 et seq.
22-51 et seq.
22-38(d)
22-16
22-54(3)
22-55
22-61
22-54
22-77
22-76
MOBILE HOMES AND TRAILERS (Cont'd.)
Calls for .......... .. .. . .. .. .. .. . ..
Certificate of approval, when . . . . . . .
Concealing work before. . . . . . . . . . . . .
Meters or connection
Certificate of approval required be-
fore setting .. .. . . . .. .. . .. . .
Permits and inspections. See herein
that subject
Insurance required. .. . . . . .. .. . . .. . .. .
Journeyman mobile home craftsmen
Classification. . . . . . . .. . . . . . . . . . . . . .
Licenses
Applications for craftsmen. . . . . . . . . .
Contractor's applications . . . . . . . . . . .
Examination, fees, expiration of. . . . .
Issuance . .. .. . . .. .. .. . . .. .. .. .. .. .
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension. . . . .. . .. .. . . . . . .. . . . . . .
Master craftsmen
Classification..................... .
Master mobile home craftsman
Contractor required to employ . . . . . .
Meetings, board to hold.. . .. . . . .. .. .. .
Nonresident mobile home craftsmen...
Permits
Fees.. ......... ... ..... ...........
Payment, failure to pay . . . . . . . . . .
Inspections. See herein: Permits and
Inspections
Records. . . . . . . . . . . . . . . . . . . . . . . . . . .
Required .. . . . . . . . . . . .. . . . . . . . . . . . .
When permit not required. . . . . . . . . .
Mobile home court
Location. . . . .. . . . . . . . . . . . . . . . . . . . .. . .
Mobile home owner, responsibilities. . . . . .
Mobile home park owner
Responsibilities .. .. .. . .. . .. .. .. .. .. ..
Mobile home parks
Licenses. See herein: Licenses for Mo-
bile Home Parks
Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service distribution systems. . . . . . . . . . .
Mobile home stand
New parks or expansions . . . . . . . . . . . . .
Placement of mobile home . . . . . . . . . . . .
Mobile home zoning requirements. See:
ZONING
New parks or expansions
Addresses to be posted. . . . . . . . . . . . . . . .
Board of examiners
Examination conducted by, scope....
Meetings. . . . . . . . . . . . . . . . . . . . . . . . . .
Construction standards...............
Development requirements. . . . . . . . . . . .
Drainage, recreational areas, etc. . . . . . .
Fire protection
Streets and roadways, arrangement.
Lighting ofstreets. . .. . . . . .. . . . . . . . . ..
Mobile home service lines. . . . . . . . . . . . .
3605
Section
22-80
22-79
22-78
22-79
22-60
22-54(2)
22-52
22-53
22-52
22-58
22-51
22-59
22-54(1)
22-62
22-56
22-63
22-74
22-75
22-73
22-71
22-67
22-16
22-21(b)
22-21(a)
22-16
22-23
22-38(1)
22-17(a)
22-38(g)
22-57
22-56
22-38
22-36
22-36(b)
22-38(c)
22-38(d)
22-38( e)
MOBILE HOMES AND TRAILERS (Cont'd.)
Mobile home stand construction. . . . . . .
Park plan. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proximity to lot line, other mobile homes
or buildings.....................
Roadways, construction standards. . . . .
Size, markings, parking, etc. . . . . . . . . . .
Zoning, compliance. . . . . . . . . . . . . . . .. . .
Nuisances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Park service distribution systems . . . . . . . .
Parking
New parks, etc. ......................
Permits
Contractors or craftsmen. . . . . . . . . . . . . .
See herein: Mobile Home Contractors
and Craftsmen
Placement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plans
New park plan. . . . . . . . . . . . . . . . . . . . . . .
Plumbing systems, alteration of. . . . . . . . . .
Recreational areas
New developments, new parks ... . . . . .
Regulations
Existing regulations, applicability . . . . .
Generally........................... .
Responsibilities
Mobile home owner...................
Mobile home park owner. . . . . . . . . . . . . .
Sanitary sewer systems
Park service distribution systems. . . . . .
Storm shelters..........................
Streets and other public ways
Construction standards for new parks or
expansions. . . . . . . . . . . . . . . . . . . . . .
Telephones
New parks. . . . . . . . . . . . . . . . . . . . . . . . . . .
Tie-down and blocking
Placement of mobile home ..... . . . . . . .
Utilities
New parks, mobile home service lines..
Water distribution system . . . . . . . . . . . . . . .
Zoning generally........................
See: ZONING
MOBS
Civil emergencies and disasters. See that
subject
Emergency resulting from mob action . . . .
Unlawful assembly......................
Remaining at . . . . . . . . . . . . . . . . . . . . . . . .
MONEYS OF CITY. See: FINANCES
MONUMENTS
Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivisions re . . . . . . . . . . . . . . . . . . . . . . . . .
MORALS
Public morals, offenses against ..........
See: PUBLIC MORALS, OFFENSES
AGAINST
Supp. No. 13
Section
SALINA CODE
22-38(0
22-37
22-36(c)
22-38
22-36(b)
22-36(a)
22-19(b)
22-23
22-36(b)
22-71 et seq.
22-17
22-37
22-18
22-36(b)
22-16 et seq.
22-16 et seq.
22-21(b)
22-21(a)
22-23(d)
22-20
22-38
22-38(e)
22-17
22-38(e)
22-23(b)
42-1 et seq.
10-39
25-133
25-134
36-71(d)
36-71(d)
25-171 et seq.
MOSQUITOES, ETC. See: PEST CONTROL
MOTELS. See: HOTELS, MOTELS, ETC.
MOTOR VEHICLES AND OTHER VEHI-
CLES
Alcoholic liquor, transporting . . . . . . . . . . . .
Animals and fowl
Leaving animals unattended in vehicles
Striking animals, reports . . . . . . . . . . . . .
Certain provisions saved from repeal. . . . .
Handbills, etc.; placing in or on . . . . . . . . . .
Ice cream street vendors ................
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Inoperable vehicles .....................
See: TRAFFIC
Peddlers and solicitors; operating regula-
tions
Ice cream street vendors. . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERSAND
SOLICITORS
Sales from vehicles on improved public
streets. . . . . . . . . . . . . . . . . . . . . . . . . .
Private garbage and trash haulers . . . . . . .
See: GARBAGE AND TRASH
Taxicabs. . . . .. . . . . . .. .. . . . . .. .. . . . . . .. .
See: TAXICABS
Traffic regulations .. . . . . .. . . . . . . . . . .. .. .
See: TRAFFIC
Trees and shrubs; licensing and regula-
tions
Identification on vehicles and equip-
ment...........................
Vehicular battery. . . . . . . . . . . . . . . . . . . . . . .
MOVING BUILDINGS
Demolition, removal or relocation of build-
ings................ ...............
See: BUILDING CODE
Public ways, through....................
See: STREETS AND SIDEWALKS
MUNICIPAL AIRPORT. See: AIRPORTS AND
AIRCRAFT
MUNICIPAL COURT
Bail bond agents and companies . . . . . . . . .
See: BAIL BOND AGENTS AND COM-
PANIES
Charter ordinance Nos. 18,21...........
Costs and fees
Creation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loitering in courtroom
Bondsmen. . . . . . . . . . . . . . . . . . . . . . . . . . .
Severability of invalid parts of Code. . . . . .
MUNICIPAL EMPLOYEES. See: OFFICERS
AND EMPLOYEES
MUNICIPAL PROPERTY. See: PROPERTY
MUNICIPAL SEAL. See: SEAL
3606
Section
5-23( 1)
7-46(a)(3)
7-72
1-5
3-1
28-41 et seq.
38-81 et seq.
28-41 et seq.
28-31
34-51 et seq.
40-1 et seq.
38-1 et seq.
39-115
25-53
8-351 et seq.
35-61 et seq.
23-16 et seq.
App.A
23-1
23-17
1-11
e
.
MUNICIPAL UTILITIES. See: UTILITIES
MUNICIPALITY. See: CITY
N
NATIONAL CODES. See: TECHNICAL
CODES
NATURAL GAS. See: GAS
NEWSRACKS
Placing of . . . . . . .. . . . . . . . . .. . . . . . . . . . . ..
e
NOISES
Loudspeakers and BOund trucks
Hours of use. . . . . . . . . . . . . . . . . . . . . . . . .
License required. . . . . . . . . . . . . . . . . . . ..
Peddlers and solicitors; ice cream street
vendors; operating regulations
SOunddevices........................
Public peace, offenses against. . . . . . . . . . . .
See: PUBLIC PEACE, OFFENSES
AGAINST
Quiet zones, establishment. . . . . . . . . . . . . .
Traffic noise created by vehicles. . . . . . . . . .
See: TRAFFIC
NORTH CENTRAL REGIONAL PLANNING
COMMISSION
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
NUCLEAR BOMB ATTACK. See: CML
EMERGENCIES AND DISASTERS
NUISANCES
Abatement by city .. . .. .. . .. . . .. . .. .. .. .
Assessment of city's costs . . . . . . . . . . . . .
Animal feces; removal. . . . . . . . . . . . .. .. . . .
Animal nuisance activities prohibited ....
Animals; restrictions on owning. . . . . . . . . .
City health ordinances, etc. See: HEALTH
AND SANITATION
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fences, walls, etc., re . . . . . . . . . . . . . . . . . . .
Fireworks. . . . . . . . .. . . .. . . . . . . . . . . .. . . . .
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Inoperable vehicles; nuisance and abate-
ment..............................
Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mobile home parks. . . . . . . . . . . . . . . . . . . . . .
Notice to abate. . . . . . . . . . . . . . . . . . . . . . . . .
Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibited.... ... . " . . ... . .. .. ........ ..
Public nuisances. . . . . . . . . . . . . . . . . . . . . . . .
Purpose and findings. . . . . . . . . . . . . . . . . . . .
Sewers and sewage disposal
Discharge regulations. . . . . . . . . . . . . . . . .
Snow and ice on sidewalks. . . . . . . . . . . . ..
Solid waste disposal. . . . . . . . . . . . . . . . . . . . .
See: GARBAGE AND TRASH
.
e
Supp. No. 13
Section
CODE INDEX
35-43
3-6
3-5
28-61
25-131 et seq.
38-4
38-154 et seq.
29-36
24-8
24-9
7-56
7-46
7-31
24-2
8-411
14-58
18-1 et seq.
38-87
24-4
22-19(b)
24-5
24-7
24-6
24-3
25-137, 25-138
24-1
41-158
32-251
34-16 et seq.
Section
NUISANCES (Cont'd.)
Trees and shrubs re..................... 39-70 et seq.
See: TREES AND SHRUBBERY
Vehicles re; impounding and removal. . . . . 38-43
NUMBER
Word usage for interpreting Code. . . . . . . . 1-2(11)
NUMBERING OF BUILDINGS
Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35-101 et seq.
See: STREETS AND SIDEWALKS
NURSES. See: DOCTORS, ETC.
o
OATH, AFFIRMATION, SWEAR OR SWORN
Oath, defined...........................
OBLIGATIONS OF CITY. See: FINANCES
OBSCENITY. See: INDECENCY AND OB-
SCENITY
OBSTRUCTIONS
Legal process or official duty, obstructing.
Street obstructions......................
See: STREETS AND SIDEWALKS
Trains blocking streets .. .. . . . . .. . . .. .. ..
Water meters. . . . . . . . . . . . . . . . . . . . . . . . . . .
OCCUPATIONAL LICENSES
Generally.. . .. . . .. .. . .. . .. .. . .. .. . .. .. .
See: LICENSES AND PERMITS
ODORS
Animal yard structures, etc., maintenance
OFFENSES
Anticipatory offenses
Attempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conspiracy......................... ..
Certain provisions saved from repeal. . . . .
Children, offenses affecting. . . . . . . . . . . . . .
See: MINORS
Corporations; criminal responsibility . . . . .
Criminal code. . . . . . . .. . . . . . . . . . . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gambling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: GAMBLING
Governmental functions, offenses affecting
See: GOVERNMENTAL FUNCTIONS,
OFFENSES AFFECTING
Individual liability for corporate offenses .
Kansas Criminal Code .. .. . . . .. .. .. . . .. .
Liability
Corporate offenses, individual. . . . . . . . .
Offenses of another.. .. . . . . . . . . . . . . . . .
Miscellaneous provisions . . . . . . . . . . . . . . . .
Offenses and construction of terms. . . . . . .
Persons, offenses against. . . . . . . . . . . . . . . .
See: PERSONS, OFFENSES AGAINST
3607
1-2(12)
25-112
35-36 et seq.
38-116
41-37
20-1 et seq.
7-58
25-41
25-42
1-5
25-81 et seq.
25-4(a)
25-191, 25-192
25-1
25-171 et seq.
25-111 et seq.
25-4(b)
25-191, 25-192
25-4(b)
25-3
25-191, 25-192
25-2
25-51 et seq.
OFFENSES (Cont'd.)
Property, offenses against .. . . . . . . . . . . . . .
See: PROPERTY
Public morals, offenses against
Gambling..... .......................
See: GAMBLING
Public peace, offenses against. .. .. . .. .. ..
See: PUBLIC PEACE, OFFENSES
AGAINST
Public safety, offenses against ...........
See: PUBLIC SAFETY, OFFENSES
AGAINST
Sex offenses. . . .. . .. . . . . . . . . . .. . . . . . .. ..
Violations, penalties
Classes of violations and confinement. .
Fine................................ .
OFFICERS AND EMPLOYEES
Administrative departments. . . . . . . . . . . . .
See: DEPARTMENTS AND OTHER
AGENCIES OF CITY
Agencies, associations and authorities. See:
DEPARTMENTS AND OTHER
AGENCIES OF CITY
Arts, director of. . . . . . . . . . . . . . . . . . . . . . . . .
Boards and commissions ................
See: BOARDS, COMMITTEES AND
COMMISSIONS
Bonds
Amount of. . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of. . . . . . . . . . . . . . . . . . . . . . . . . .
Conditional as specified. . . . . . . . . . . . . . .
Effect of provisions on existing bonds. .
Filing. .. . . . . . . . . . . . . . . .. . . . . . . . . . . . .
Kept in force.........................
Premiums, city to pay . .. .. . .. .. .. . .. .
Required before taking office. . . . . . . . . .
Special conditions . . . . . . . . . . . . . . .. . . . .
Types of.............................
Certain provisions saved from repeal. . . . .
Charter ordinances ...... .. . . . . . . . .. . . . .
City forester; appointment, authority. . . . .
City manager...........................
See: CITY MANAGER
Civil emergencies and disasters. . . . . . . . . .
See: CIVIL EMERGENCIES AND DI-
SASTERS
Classified service created. . . . . . . . . . . . . . . .
Compensation, salaries, classification, etc.
Boards, committees, commissions. See
specific subjects
Certain provisions saved from repeal ..
Departments and other agencies of city.
See specific subjects
Rules and regulations adopted ........
Creating positions or offices
Certain provisions saved from repeal ..
Definitions for interpretation of Code. . . . .
Delegation of authority construed. . . . . . . .
Supp. No. 13
Section
SALINA CODE
25-91 et seq.
25-171 et seq.
25-131 et seq.
25-151 et seq.
25-71,25-72
25-181
25-182
2-96 et seq.
2-165
2-136 et seq.
2-63
2-64
2-62
2-67
2-64
2-65
2-66
2-61
2-63
2-64
1-5
App.A
39-16
2-36 et seq.
10-16 et seq.
2-36
1-5
2-52
1-5
1-2
1-2(6)
OFFICERS AND EMPLOYEES (Cont'd.)
Departments and other agencies of city.
See specific subjects
Elections.. . . . . . . . . . . . .. . .. . . . .. . . . . . . . .
See: ELECTIONS
Equal opportunity, affirmative action. . . . .
See: EQUAL OPPORTUNITY AND AF-
FIRMATIVE ACTION
False impersonation ....................
Finance director. See: FINANCES
Fire department. See that subject
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Human relations director................
Impersonation, false . .. . . . . . . .. . . . . .. .. .
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATION
Joint authority construed. . . . . . . . . . . . . . . .
Manager. See herein: City Manager
Municipal court. See that subject
Pensions and retirement. See that subject
Police department. See that subject
Public records, inspection and copying. . . .
See: PUBLIC RECORDS
Rules and regulations governing. . . . . . . . .
Salaries. See herein: Compensation, Sala-
ries, Classification, Etc.
Treasurers. See that subject
Utilities director. See: UTILITIES
Utility costs and benefits, special fund for
Charter ordinance Nos. 16, 17. . . . . . . . .
OFF-STREET PARKING AND LOADING. See:
PARKING
OIL AND GAS (Mining, etc.)
Conveyance of oil out of city. . . . . . . . . . . . .
Fencing of excavation and slush ponds . . .
Fencing of storage facilities. . . . . . . . . . . . . .
Gas, generally. See: GAS
Landowners's rights. . . . . . . . . . . . . . . . . . . . .
Permits
Applicant must have right to drill . . . . .
Applications ............ .. .. . .. . .. .. .
Bonds.... ...........................
Denial.............................. .
Deposits. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Drilling other than specified location
prohibited . . . . . . . . . . . . . . . . . . . . . .
Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issuance............................ .
Liability insurance .. .. .. .. .. . .. . .. .. .
Location to be specified in. . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation.......................... .
Termination. . . . . . . . . . . . . . . . . . . . . . . . . .
Removal of equipment. . . . . . . . . . . .. . . . . . .
Temporary storage of oil. . . . .. . . . . . . . . .. .
OIL, GREASE, ETC.
Drainage into sewers, rivers, etc.. . . . . . . . .
3608
Section
12-1 et seq.
13-1 et seq.
25-120
1-14
13-59, 13-60
25-120
2-76 et seq.
1-2(9)
2-170 et seq.
2-52
App.A
26-3
26-3
26-4
26-1
26-23
26-17
26-18
26-21
26-18
26-22
26-24
26-20
26-19
26-22
26-16
26-26
26-25
26-2
26-3
41-73
e
.
OPEN SPACES. See: YARDS AND OPEN
SPACES
OR, AND
TerIDSCOnstrued........................
ORDINANCES. See: CODE OF ORDI-
NANCES
ORGANIZATIONS
Person defined re . . . . . . . . . . . . . . . . . . . . . . .
Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
OUTDOOR ADVERTISING. See: ADVERTIS-
ING
OVERGROWTH. See: WEEDS AND BRUSH
OWNER
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
P
PARADES AND PROCESSIONS
Funerals processions. See that subject
Traffic regulations . . . . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
PARKING
Certain provisions saved from repeal. . . . .
Generally.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
Off-street parking and loading. . . . . . . . . . .
See: ZONING
Temporaryuses.........................
PARKS AND RECREATION
Closing hours of parks ... . .. . .. .. . . . . .. .
Ice cream street vendors; operating regula-
tions
Sales in public parks . . . .. . . .. . . . . . . . .
Lakewood Lake boating limitations ......
MH-S Manufactured Home Subdivisions
Recreational campground plan . . . . . . . .
Park permit systems. . . . . .. . . . . . . .. . . . ..
Subdivisions
Dedication of public park land. . . . . . . . .
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: SUBDMSIONS
PART OWNER
Owner defined re . . . . . . . . . . . . . . . . . . . . . . .
.
PARTNERSHIP
Person defined re. . . . . . . . . . . . . . . . . . . . . . .
Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PAVING
Streets and sidewalks. See that subject
Driveway and sidewalk construction and
repair. . . . . . . . . . . . . . . . . . . . . . . . . .
Excavations in streets . . . . . . . .. . . . . . ..
Service pipes and sewers ahead of pav-
ing............................ .
e
Supp. No. 13
Section
CODE INDEX
1-2(14)
1-2(16)
42-616(b)(3)
1-2(15)
38-101 et seq.
1-5
38-40 et seq.
42-551 et seq.
42-59
27-16
28-67
27-18
42-229
27-17
36-81
36-1 et seq.
1-2(15)
1-2(16)
42-616(b)(3)
35-121 et seq.
35-201 et seq.
35-176 et seq.
PAWNBROKERS, ETC. (Secondhand dealers,
precious metal dealers)
Children, purchases from................
Inspections
Merchandise. . . . . . . . .. . . . . . . . . .. . . . . .
Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Junk and junk dealers . .. .. . .. .. .. .. .. ..
See: JUNK AND JUNK DEALERS
Licenses
Charter ordinance Nos. 11, 12, 19 . . . . .
Forfeiture. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Merchandise
Availability for inspection. . . . . . . . . . . . .
Three day display before sale. . . . . . . . . .
Minors, dealing with .. . .. .. .. .. .. .. .. .. .
Records and reports
Availability for inspection. . . . . . . . . . . . .
Police reports, etc.. .. .. . . . . . . . . . . . . . ..
Stolen property, purchasing. . . . . . . . . . . . . .
PEDDLERS, CANVASSERS AND SOLICI-
TORS
Aggressive begging/soliciting. . . . . . . . . . . . .
Aggressive peddling or soliciting. . . . . . . . .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ice cream street vendors
Licenses. See also herein: Permits
Application. . . . . . . . . . . .. .. . . . . . . . . .
Fee .... ... ..... .... ........ ... ....
Required. . . . . . . . . . . . . .. . . . . . . . . . ..
Operator's license required. . . . . . .
Operating regulations
Drivingbackwards.................
Hours of sale. . . . . . . . . . . . . . . . . . . . . .
Inspection of vehicle .. .. . .. . .. .. .. .
Liability insurance. . . . . . . . .. . . . . .. .
Marking and lighting on vehicle . . . .
Operator's license required . . . . . . . . .
Parking to dispense products . . . . . . .
Routes. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sales from vehicle.. .. . . . . . . .. . . . . .
Sales in public parks.. . . .. .. . . . . .. .
Sales near schools .. .. . . .. . . . . .. . . .
Selling near an intersection ........
Sound devices. . . . . . .. .. . . . . . . . .. . .
Speed of vehicle ...................
U-turns. . . . . . . . . . . . . . . . . . . . . . . . . . .
Unauthorized passengers...........
Vehicle stationary during sale ......
Licenses, generally. See herein: Permits
Operating regulations
Aggressive begging/soliciting. . . . . . . . . .
Aggressive peddling or soliciting prohib-
ited ............................
Entry upon signed premises unlawful. .
Hours of peddling or soliciting.........
Ice cream street vendors. See herein
that subject
Identification badges ......... . . . . . . ..
PriDlaryentrance ....................
3609
Section
33-19
33-18
33-17
33-36 et seq.
App.A
33-21
33-16
33-22
33-19
33-17
33-16
33-20
25-142
28-30
28-2
28-42
28-43
28-41
28-52
28-60
28-55
28-54
28-51
28-62
28-52
28-63
28-56
28-66
28-67
28-57
28-64
28-61
28-58
28-59
28-53
28-65
25-142
28-30
28-29
28-27
28-26
28-28
PEDDLERS, CANVASSERS AND SOLICI-
TORS (Cont'd.)
Sales from vehicles on improved public
streets. . . . . . . . . . . . . . . . . . . . . . . . . .
Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Permits
Applicability of general rules regarding
licenses........................ .
Application review and permit issuance
Application . . . . . . . . . . . . . . . . . . . . . . . . . .
Denial of permit. . . . . . . . . . . . . . . . . . . . . .
Fees... ............... ............ ...
Ice cream street vendors. See herein
that subject
Juvenile peddlers or solicitors; permit
for sponsoring. ..................
Requirements and exemptions. . . . . . . . .
Suspension, revocation, appeals
Appeals.. . . .. . . . .. . . .. . . .. . . . . . . . .
Notice and hearing. . . . . . . . . . . . . . . . .
Permit and license suspension or re-
vocation. . . . . . . . . . . . . . . . . . . . . .
Term of permit.. . . . . . . .. . . .. .. . . . . .. .
Public purpose. . . . . . . . . . . . . . . . . . . . . . . . . .
Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PEDESTRIANS
Streets and sidewalks. See that subject
Driveway and sidewalk construction and
repair. . . . . . . . . . . . . . . . . . . . . . . . . .
Sidewalk defined re ......... .. .. . . .. .
PEEPING TOM
Sex offenses. . . . . . .. . . .. . . .. . . . . . . . . . . ..
Section
SALINA CODE
28-31
28-86
28-17
28-15
28-13
28-16
28-14
28-12
28-11
28-78
28-77
28-76
28-18
28-1
28-3
35-121 et seq.
1-2(21)
25-72
PENALTIES. See: FINES, FORFEITURES
AND OTHER PENALTIES
PENSIONS AND RETIREMENT
Firemen's relief association. . . . . . . . . . . . . . 14-17 et seq.
See: FIREMEN'S RELIEF ASSOCIA-
TION
Policemen's and firemen's pension funds
Investment of money
Charter ordinance No.7. . . . . . . . . . . . App. A
PERFORMANCE BONDS. See: BONDS,
SURETY OR PERFORMANCE
PERMITS. See: LICENSES AND PERMITS
PERSON
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Zoning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PERSONAL PROPERTY. See: PROPERTY
PERSONNEL. See: OFFICERS AND EM-
PLOYEES
PERSONS, OFFENSES AGAINST
Arrest, resisting. . . . . . . . . . . . . . . . . . . . . . . .
Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law enforcement officer ..............
Supp. No. 13
1-2(16)
42-616(b)(3)
25-56
25-54
25-55
PERSONS, OFFENSES AGAINST (Cont'd.)
Battery .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Law enforcement officer, against. . . . . . .
Vehicular. . . . . . . . . . . . . . . . . . . . . . . . . . . .
False information. . . .. . . . .. . . . . . . . . . . . . .
Fire fighter
Unlawful interference with. . . . . . . . . . . .
Fire hydrants
Damaging, tampering with. . . . . . . . . . . .
Law enforcement officer
Assault of. . .. . . . . . .. . .. . . . . . . .. . . . .. .
Battery against .. . .. . .. .. . .. .. .. . . .. .
Compliance with orders of . . . . . . . . . . . .
Interfering with . . .. . . . .. . . .. . . . . . . . . .
Protective order, violation of. . . . . . . . . . . . .
Restraint unlawful. . . .. . .. . . . . . .. . . . . . . .
Vehicular battery . . . .. .. .. .. . . : . . . . .. .. .
Water system property
Damaging, tampering with. . . . . . . . . . . .
PEST CONTROL
Animal yards, etc., proper maintenance of
Bees, keeping. . . . . . . . . . . . . . . . . . . . . . . . . . .
Garbage storage to be inaccessible to ver-
min...............................
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Mosquitos, flies, etc.
Inoperable vehicles; breeding grounds
for.. . .. . .. .. .. .. .. .. .. .. .. . . . ..
Nuisance animals breeding............
Trees and shrubs; disease and insects
Duty to maintain trees and shrubs free
from. ....... ....... ........ .....
Section
25-51
25-52
25-53
25-57
25-60
25-61
25-55
25-52
25-58
25-59
25-63
25-62
25-53
25-61
7-58
7-34
34-25
18-1 et seq.
38-81
7-31
39-72
PETROLEUM PRODUCTS. See: GAS
PHONOGRAPHS
Loudspeakers and sound trucks. . . . . . . . . .
PHYSICALLY HANDICAPPED PERSONS.
See: DISABLED PERSONS
PHYSICIANS. See: DOCTORS, ETC.
PIPE LINES
Service pipes and sewers ahead of paving. 35-176 et seq.
See: STREETS AND SIDEWALKS
PISTOLS. See: FIREARMS AND WEAPONS
PLAN OF GOVERNMENT
City manager plan adopted..............
3-5, 3-6
2-36
PLANNED DEVELOPMENT DISTRICTS
Generally.. .. . .. .. . . .. . .. . . .. .. . .. . .. " 42-401 et seq.
See: ZONING
PLANNING
Amendments, fees. . . . . . . . . . . . . . . . . . . . . .
Annexation fees ........................
Appeals, fees. . . . . . . . . . . . . . . . . . . . . . . . . . .
Application fees. . . . . . . . . . . . . . . . . . . . . . . . .
3610
29-1
29-1
29-1
29-1
e
.
PLANNING (Cont'cL)
City planning commission
Application fees . . . .. .. .. .. . .. .. . . . . . .
Appointment... . ...... .., . ... . ...... .
Compensation............. ...... .....
Composition .... . . . . . . . . . . . . . . . . . . . . .
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers and duties. . . . . . . . . . . . . . . . . . . .
Residence requirement. . . . . . . . . . . . . . . .
Terms of office. . . . . . . . . . . . . . . . . . . . . . .
Vacancies, filling . . . . . . . . . . . . . . . . . . . . .
Driveway construction and repair. . . . . . . .
See: STREETS AND SIDEWALKS
Excavation plans and specifications. . . . . .
Government
City manager plan adopted ...........
North central regional planning commis-
sion
Compensation. . . . . . . . . . . . . . . . . . . . . . . .
Created....................... .... ..,
Functions, powers and duties ...... . . .
Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership .. . . . . . . . . . . . . . . . . . . . . . . .
Rules and regulations ......... . . . . . . .
Separability. .. . . . . . .. . . . . . .. . . . . . . . . .
Sidewalk construction and repair . . . . . . . .
See: STREETS AND SIDEWALKS
Subdivision regulations .......... . . . . . . .
See: SUBDMSIONS
Trees and shrubs . . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Variances, fees. . . . . . . . . . . . . . . . . . . . . . . . . .
Zoning generally. . . . . . . . . . . . . . . . . . . . . . . .
See: ZONING
Zoning ordinance text amendment
Fees................................ .
e
.
PLANTS. See: TREES AND SHRUBBERY
PLATINUM
Precious metal dealers . . . . . . . . . . . . . . . . . .
See: PAWNBROKERS, ETC.
PLATS. See: SURVEYS, MAPS AND PLATS
PLEAS. See: SUITS AND PLEAS
PLUMBERS
Certificate of qualification
Applications; fee to accompany . . . . . . . .
Prerequisites to apply for. . . . . . . . . . . . .
Registration .............. . . . . . . . . . . .
Certification required; exceptions . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licenses
Registration prerequisite to doing work
Master plumber in the empoy of a plumb-
ing contractor required. . . . . . . . . . . . .
Registration
Certificates of registration. See herein
that subject
Licenses. See herein that subject
e
Supp. No. 16
Section
CODE INDEX
29-22
29-17
29-20
29-17
29-16
29-21
29-17
29-18
29-19
35-121 et seq.
35-215
2-36
29-38
29-36
29-40
29-39
29-37
29-41
29-42
35-121 et seq.
36-1 et seq.
39-1 et seq.
29-1
42-1 et seq.
29-1
33-16 et seq.
8-208
8-209.1
8-213
8-202
8-201
8-213
8-214
PLUMBING CODE
Administrative authority, defmed . . . . . . . .
Certificate of qualification
Board of examiners, duties. . . . . . . . . . . .
Fees................................ .
Gas fitters examination required . . . . . .
Issuance............................ .
Codes, other. See: TECHNICAL CODES
Commercial dishwashing machine
Code amendment re . . . . . . . . . . . . . . . . . .
Examinations
Certificate of qualification. See herein
that subject
Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . .
Forfeiture of fee for failure to appear . .
Gas fitters' examination ..............
Gas fitters
Examination of. . . . . . . . . . . . . . . . . . . . . . .
Inspections
Exceptions to requirements of Uniform
Plumbing Code..................
Mobile home regulations . . . . . . . . . . . . . . . .
Potable water piping; size of. . . . . . . . . . . . .
Swimming pools, private
Compliance with plumbing code . . . . . . .
Uniform plumbing code
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments.. .......................
Water and sewers. . . . . . . . . . . . . . . . . . . . . . .
See: WATER AND SEWERS
Water system property; fire hydrants
Damaging, tampering with.... ........
POISON
Exposing animals to ................ .. ..
Hazardous wastes. See that subject
POLES AND WIRES
Building moving operations. . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
Codes, technical. See: TECHNICAL CODES
Electrical code. . . . . . . . . . . . . . . . . . . . . . . . . .
See: ELECTRICAL CODE
Excavations in streets. . . . . . . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
Painting of poles. .. . . . . .. .. .. .. .. . .. . . ..
Posting on utility poles. . . . . . . . . . . . . . . . . .
Prohibitions; poles in certain places . . . . . .
Public trees
Attachment of wires prohibited........
Public utilities generally ................
See: UTILITIES
Tree and shrubs. . . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Underground wires required where poles
prohibited. . . . . . . . . . . . . . . . . . . . . . . . .
Wires in streets prohibited .......... . . . .
See: STREETS AND SIDEWALKS
3611
Section
8-177
8-207
8-211
8-209
8-211
8-180
8-212
8-210
8-209
8-209
8-181
22-18
8-184
8-465
8-176
8-178 et seq.
41-1 et seq.
25-61
7-75
35-63 et seq.
8-66 et seq.
35-201 et seq.
31-7
3-3
31-8
39-51
31-1 et seq.
39-1 et seq.
31-9
35-41 et seq.
POLICE DEPARTMENT
Animals, administrative duties ..........
Canine operations. See herein that sub-
ject
Arrest, resisting . . . .. . .. . .. . . . . . .. .. .. ..
Assault of law enforcement officer. . . . . . . .
Bail bond agents and company
Entering, loitering, soliciting business
in police department. . . . . . . . . . . . .
Battery against law enforcement officer . .
Canine operations
Abuse prohibited. . . . . . . . . . . . . . . . . . . . .
Canine corps.........................
Interference prohibited .... . . . . . . . . . . .
Police dogs, interference with . . . . . . . . .
Escape from custody . . . . . . . . . . . . . . . . . . . .
Aiding escape. . . . . . . . . . . . . . . . . . . . . . . .
False alarm, giving . . . . . . . . . . . . . . . . . . . . .
False information to ..... . . . . . . . . . . . . . . .
Falsely reporting an offense .. . . . . . . . . . . .
Impersonation, false .. . . . . . . . . . . . . . . . . . .
Law enforcement officer
Assault of. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Battery against . . . . . . . . . . . . . . . . . . . . . .
Compliance with orders of . . . . . . . . . . . .
Interfering with. . . . . . . . . . . . . . . . . . . . . .
Merchant or private policemen...........
See: MERCHANT OR PRIVATE PO-
LICEMEN
Police dogs, interference with. . . . . . . . . . . .
Canine operations. See herein that sub-
ject
Private police. See herein: Merchant or
Private Policemen
Restraint unlawful. . . .. . . .. . .. .. . . . . . . . .
Retirement system
Contributions by officers and members
Charter ordinance No.6. . . . . . . . . . . .
Pay to certain members
Charter ordinance Nos. 5, 15 .. . . . . .
Wounds inflicted by firearms or weapons
Unlawful failure to report to . . . . . . . . . .
POLICE POWERS
Police powers extended
Over airport . . . . . . . . . . . . . . . . . . . . . . . . .
'Ib city property. . . . . . . . . . . . . . . . . . . . . .
'Ib flood control system ...............
POLITICAL CAMPAIGN SIGNS
Sign code re . . . . . . . . . . . . . . . . . . . . . . . . . . . .
POLLUTION
Emergency action in response to release or
threatened release of material into or
upon environment .. . . . . . . . . . . . . . . .
See: CIVIL EMERGENCIES AND DI-
SASTERS
Fluoridating water supply system. . . . . . . .
Sewers and sewage disposal . . . . . . . . . . . . .
See: WATER AND SEWERS
Supp. No. 16
Section
SALINA CODE
7-17
25-56
25-55
23-17
25-52
30-2
30-1
30-3
25-122
25-113
25-114
25-139
25-57
25-115
25-120
25-55
25-52
25-58
25-59
30-16 et seq.
25-122
25-62
App.A
App.A
25-159
4-1
1-12
15-1
8-387
10-50 et seq.
41-42
41-71 et seq.
POWER AND LIGHT COMPANY
Franchises, Arts. I and II of App. B
POWER LINES AND WIRES. See: POLES
AND WIRES
PRECEDING,FOLLOWING
Terms construed. . . . . . . . . . . . . . . . . . . . . . . .
PRECINCTS
City divided into. .. . .. . .. .. . . . . . .. . . .. . .
PRECIOUS METAL DEALERS
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: PAWNBROKERS, ETC.
PREJUDICE. See: DISCRIMINATION
PRESERVATION
Heritage conservation district. . . . . . . . . . . _
See: ZONING
Historic spots, trees, shrubbery, etc.
Preservation of natural features, etc. ..
Natural features and amenities..........
PRINTING
Writing, etc., construed re . . . . . . . . . . . . . . .
PRISONS AND PRISONERS
Bail bond agents and company
Entering, loitering, soliciting business
in County jail. .. . .. . .. . . . .. .. . . .
Escape from custody . . . . . . . . _ . . . . . . . . . . .
Aiding escape. . . . . . . . . . . . . . . . . . . . . . . .
General penalty, continuing violation. . . . .
PRIVATE ASSEMBLIES. See: ASSEMBLIES
PRIVATE POLICEMEN. See: MERCHANT
OR PRIVATE POLICEMEN
PRIVATE SCHOOLS. See: SCHOOLS
PRMLEGES
Certain provisions saved from repeal. . . . .
PRIZES
Animals as . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROCESSIONS. See: PARADES AND PRO-
CESSION
PROFESSIONS
Occupational licenses . . . . . . . . . . . . . . . . . . .
See: LICENSES AND PERMITS
PROPANE GAS. See: GAS
PROPERTY
City property
Police power extended to............. .
Condemnation, acquisition, etc.
Certain provisions saved from repeal ..
Definitions for Code interpretation. . . . . . .
Encroachments on streets . . . . . . . _ _ . . . . . .
See: STREETS AND SIDEWALKS
3612
Section
1-2(18)
12-2
33-16 et seq.
42-456 et seq.
36-80
36-80
1-2(25)
23-17
25-113
25-114
1-10
1-5
7-73
20-1 et seq.
1-12
1-5
1-2(19)
35-36 et seq.
e
.
e
.
e
PROPERTY (Cont'd.)
Flood protection works . . . . . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
Gambling, commercial; permitting pre-
mises to be used for................
Library board; real property, acquisition or
disposition .. . . . . . . . . . . . . . . . . . . . . . .
Library; damage to books or property . . . .
Offenses against property
Criminal damage to property. . . . . . . . . .
Criminal trespass . . . . . . . . . . . . . . . . . . . .
Deprivation of property, unlawful. . . . . .
Intent to permanently deprive. . . . . . . . .
Landmarks, tampering with. . . . . . . . . . .
Littering. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Theft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loss, mislaid property... .. .. . . .. . . .
Services, theft of. . . . . . . . . . . . . . . . . . .
Traffic signal, tampering with. . . . . . . . .
Trespass. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personal property, defined. . . . . . . . . . . . . . .
Planning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: PLANNING
Private property
Advertising matter, posting . . . . . . . . . . .
Public property
Advertising matter, posting . . . . . . . . . . .
Real property
Acquisition or disposition; library board
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . - . . .
Subdivision regulations .. . . . . . . . . . . . . . . .
See: SUBDMSIONS
Trees and shrubs . . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
PROSECUTIONS
Effect of repeal of ordinances . . . . . . . . . . . .
PROSTITUTION
Indecency and obscenity, other. See: INDE-
CENCY AND OBSCENITY
Lewd, lascivious behavior . . . . . . . . . . . . . . .
Public morals, offenses against ....... . . .
See: PUBLIC MORALS, OFFENSES
AGAINST
PUBLIC ACCOMMODATIONS
Equal opportunity, affirmative action. . . . .
PUBLIC EMPLOYEES. See: OFFICERS AND
EMPLOYEES
PUBLIC HEALTH. See: HEALTH AND SAN-
ITATION
PUBLIC HEARINGS. See: HEARINGS
PUBLIC IMPROVEMENTS. See: PUBLIC
WORKS AND IMPROVEMENTS
PUBLIC INDECENCY. See: INDECENCY
AND OBSCENITY
Supp. No. 16
CODE INDEX
Section
15-16 et seq.
25-172
19-31
19-4
25-96
25-97
25-95
25-92
25-99
25-98
25-91
25-93
25-94
25-100
25-97
1-2(17)
29-1 et seq.
19-31
1-2(20)
36-1 et seq.
39-1 et seq.
25-71
25-171 et seq.
13-72
PUBLIC INSTITUTIONS. See: INSTITU-
TIONS PUBLIC MORALS, OFFENSES
AGAINST
Gambling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: GAMBLING
PUBLIC NUISANCES. See: NUISANCES
PUBLIC PEACE, OFFENSES AGAINST
Aggressive begging/soliciting. .. . . . .. . .. .,
Aggressive peddling or soliciting prohib-
ited........................... ....
Assembly, unlawful . . . . . . . . . . . . . . . . . . . . .
Remaining at . . . . . . . . . . . . . . . . . . . . . . . .
Cemetery, desecrating. . . . . . . . . . . . . . . . . . .
Disorderly conduct. . . . . . . . . . . . . . . . . . . . . .
Disturbing the peace. . . . . . . . . . . . . . . . . . . .
Nuisance, public
Maintaining . . . . . . . . . . . . . . . . . . . . . . . . .
Permitting. . . . . . . . . . . . . . . . . . . . . . . . . . .
Riot................ -...................
Schools or institutions (public or private)
Loitering or trespassing on grounds of .
Telephone, harassment by . . . . . . . . . . . . . . .
3-3
PUBLIC PLACES
Amusements and entertainment. See that
subject
Minors, curfew re . . . . . . . . . . . . . . . . . . . . . . .
See: MINORS (Juveniles, children, etc.)
3-3
1-7
PUBLIC RECORDS
Altering or tampering with Code. . . . . . . . .
Appointment, employment, etc., rules and
regulations governing
Open to inspection, when.............
Beer license application
Board journal to show action. . . . . . . . . .
Copying of open public records. . . . . . . . . . .
Inspection of open public records. . . . . . . . .
Public notice, tampering with. . . . . . . . . . . .
Seal of city described. . . . . . .. .. . . .. . . . . ..
Tampering with. . . . . . . . . . . . . . . . . . . . . . . . .
PUBLIC SAFETY, OFFENSES AGAINST
Aiding, abetting; unlawful. . . . . . . . . . . . . . .
Air gun, air rifle, bow and arrow, slingshot
or BB gun. . . . . . . . . . . . . . . . . . . . . . . . .
Firearms
Unlawful discharge of . . . . . . . . . .. ., .. .
Wounds inflicted by
Unlawful failure to report. . . . . . . . . .
Hazards, creating. . - . . . . . . . . . - . . . . . . . . . .
Inhaling toxic vapors. . . . ... . . . . . .. . - . . . .
Negligent storage of firearms ......... -..
Weapons
Confiscation, disposition of. . . - . . . . . . . .
Dangerous weapons, hostile demonstra-
tions with. . . . . . . . . . . . . . . . . . . . . . .
Seizure of. _ . . . . - . . . . . . . . . . . . . . . . . . . . .
Unlawful use of. . . . . . . . . . . . . . . . . . . . . .
3613
Section
25-171 et seq.
25-142
28-30
25-133
25-134
25-140
25-131
25-132
25-137
25-138
25-135
25-136
25-141
21-16 et seq.
1-9
2-52
5-97
2-170,2-172
2-170
25-118
2-1
25-117
25-157
25-155
25-154
25-159
25-158
25-161
25-160
25-153
25-152
25-156
25-151
PUBLIC SAFETY, OFFENSES AGAINST
(Cont'd.)
Wounds inflicted by
Unlawful failure to report. . . . . . . . . .
Wounds inflicted by fireanns or weapons
Unlawful failure to report. . . . . . . . . . . e.-'
PUBLIC SCHOOLS. See: SCHOOLS
PUBLIC STREETS. See: STREETS AND
SIDEWALKS
PUBLIC TREES. See: TREES AND SHRUB-
BERY
PUBLIC UTILITIES. See: UTILITIES
PUBLIC WORKS AND IMPROVEMENTS
Certain provisions saved from repeal. . . . .
General improvements
Charter ordinance No. 13..... ........
Public improvement procedures
Change order . . . . . . . . . . . . . . . . . . . . . . . .
Definitions _ . . . . . . . . . . . . . . . . . . . . . . . . . .
New construction, additional or substan-
tial alteration
Process for . . . . . . . . . . . . . . . . . . . . . . . .
Policy statement. . . . . . . . . . . . . . . . . . . . .
Process for maintenance and repair....
Public emergency..... .... . . ... .......
Reporting requirements.. . . . . . . . .. . . . .
Salina Business Improvement District De-
sign Review Board. . . .. . .. . . . . . .. . .
See: SALINA BUSINESS IMPROVE-
MENT DISTRICT DESIGN RE-
VIEW BOARD
Streets and sidewalks. See that subject
Driveway and sidewalk construction and
repair . . . . . . . . . . . . . . . . . . . . . . . . . .
Excavations in streets. . . . . . . . . . . . . . . .
Service pipes and sewers ahead of pav-
ing............................ .
Subdivision regulations . . . . . . . . . . . . . . . . .
See: SUBDNISIONS
PURCHASING
Bonds and insurance of contractors, licens-
ees, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certain provisions saved from repeal. . . . .
Contracts and agreements. See that sub-
ject
PYROTECHNICS. See: FIREWORKS
Q
QUIET ZONES
Establishment. . . . . . . . . . . . . . . . . . . . . . . . . .
Supp. No. 16
Section
25-159
25-159
App.A
2-237
2-234
2-235
2-233
2-236
2-238
2-239
2-200 et seq.
35-121 et seq.
35-201 et seq.
35-176 et seq.
36-1 et seq.
2-3
1-5
38-4
SALINA CODE
Section
QUITTING BUSINESS SALES
Going out of business sales.............. 32-16 et seq.
See: GOING OUT OF BUSINESS SALES
R
RABIES
Dogs and cats; vaccination. . . . . . . . . . . . . . .
7-54
RADIATION
Civil emergencies and disasters. See that
subject
Hazardous wastes. See that subject
RADIOS
Loudspeakers and sound trucks......... .
Merchant or private policemen
3-5, 3-6
1-5
RAILROADS AND TRAINS
Crossings
Backing trains, cars across. . . . . . . . . . . .
Construction
Duty to construct. . . . . . . . . . . . . . . . . .
Manner of construction. . . . . . . . . . . . .
Waiver of construction requirements
Moving building across . . . . . . . . . . . . . . .
Streets, trains blocking. . . . . . . . . . . . . . .
Whistles; unlawful to sound, when. . . . . . .
35-231
35-231
35-232
35-71
38-116
38-118
38-117
RAIN STORMS
Flood protection works . . . . . . . . . . . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
RAMPS OR RUNWAYS
Places prohibited . .. .. .. .. .. .. .. . . .. .. . .
15-16 et seq.
35-1
RATS, ETC. See: PEST CONTROL
REAL ESTATE
Equal opportunity, affinnative action; hous-
ing
Real estate transactions . . . . . . . . . . . . . .
Property, other. See: PROPERTY
13-102
REAL PROPERTY. See: PROPERTY
RECORDS. See: PUBLIC RECORDS
RECREATION. See: PARKS AND RECRE-
ATION
REFUSE. See: GARBAGE AND TRASH
REGIONAL PLANNING COMMISSION
Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29-36 et seq.
See: PLANNING
REGISTRATION. See specific subjects
REPEAL OF ORDINANCES
Certain provisions saved from repeal. . . . .
Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-5
1-7
3614
e
.
RESIDENCES
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Library board members ... .. . . . . . . . .. . . .
Trees and shrubs . . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
RESOLUTIONS
Board of commissioners to determine fees,
etc., by. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certain provisions saved from repeal. . . . .
RESTAURANTS. See: EATING ESTABLISH-
MENTS
RETIREMENT. See: PENSIONS AND RE-
TIREMENT
REVENUE OF CITY. See: FINANCES
RIGHTS
Certain provisions saved from repeal. . . . .
e
RIOTS
Civil emergencies and disasters. See that
subject
Emergency resulting from mob action . . . .
Generally .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unlawful assembly. . . . . . . . . . . . . . . . . . . . . .
Remaining at . . . . . . . . . . . . . . . . . . . . . . . .
RIVERS. See: BOATS, DOCKS AND WATER-
WAYS
ROADS
Street defined re. . . . . . . . . . . . . . . . . . . . . . . .
Public ways generally. See: STREETS
AND SIDEWALKS
RODENTS, ETC. See: PEST CONTROL
ROOMING HOUSES. See: HOTELS, MO-
TELS, ETC.
RUBBISH. See: GARBAGE AND TRASH
S
SAFETY
Excavation, precautions reo . . . . . . . . . . . . . .
Public safety, offenses against ...........
See: PUBLIC SAFETY, OFFENSES
AGAINST
Technical codes. See that subject
.
SALES
Auctions of new goods. . . . . . . . . . . . . . . . . . .
Going out of business sales..............
See: GOING OUT OF BUSINESS SALES
Peddlers and solicitors
Ice cream street vendors. . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
e
Supp. No. 16
CODE INDEX
Section
18-1 et seq.
19-26
39-1 et seq.
10-39
25-135
25-133
25-134
1-2(23)
35-210
25-151 et seq.
32-1
32-16 et seq.
28-41 et seq.
SALES (Cont'd.)
Provisions generally. . . . . . . . . . . . . . . . . .
See: PEDDLERS, CANVASSERSAND
SOLICITORS
SALINA BICENTENNIAL CENTER
Alcoholic liquor, consumption in. . . . . . . . . .
Rules and regulations. . . . . . . . . . . . . . . . . . .
2-2
1-5
SALINA BUSINESS IMPROVEMENT DIS-
TRICT DESIGN REVIEW BOARD
Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hearing and notice. . . . . . . . . . . . . . . . . . .
Appointment and term. . . . . . . . . . . . . . . . . .
Authorization and fmdings . . . . . . . . . . . . - .
Certification of compatibility. . . . . . . . . . . . .
Compensation. . . . . . . . . . . . . . . . . . . . . . . - . .
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership. . . . . . . . . . . . . . - . . . . . . - - . . . . .
Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public hearing.. .. . .. .. . .. . . .. . . . .. .. .. .
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-5
SALINA, CITY OF. See: CITY
SALINA COMMUNITY THEATER
Alcoholic beverages, consumption in. . . . . .
SALINA-SALINE COUNTY EMERGENCY
PREPAREDNESS DEPARTMENT
Coordinator; authority and duties. . . . . . . .
Section
28-1 et seq.
5-25
2-180
2-210
2-212
2-211
2-202
2-208
2-207
2-203
2-200
2-201
2-204
2-209
2-206
2-205
5-25
10-20
SALINA/SALINE SOLID WASTE MANAGE-
MENT COMMITTEE
Provisions re . . . . . . . . . . . . . . . . . . . . . . . . . . . 34-90 et seq.
See: GARBAGE AND TRASH
SALINE COUNTY. See: COUNTY
SALOONS AND BARS
Alcoholic beverage regulations. - . . . . . . . . .
See: ALCOHOLIC BEVERAGES
SALT
Pavement, pouring or placing on . . . . . . . . .
Salt water prohibited on pavement. . . . . . -
SANITATION. See: HEALTH AND SANITA-
TION
SCHOOL DISTRICTS
Precincts outside city, etc. ... . . . . . . . . . . . .
SCHOOLS
Loitering or trespassing on grounds of pub-
lic or private .... . . . . . . . . . . . . . . . . . .
Peddlers and solicitors; ice cream street
vendors; operating regulations
Sales near schools. . . . . . . . . . . . . . . . . . . .
School crossing guards, obedience to. . . . . .
SEAL
Seal of city described.. . . . . . . . . . . . .. - . ...
3615
5-16 et seq.
35-2
35-2
12-3
25-136
28-57
38-26
2-1
Section
SALINA CODE
SECONDHAND DEALERS
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33-16 et seq.
See: PAWNBROKERS, ETC.
SECONDHAND GOODS
Junk and junk dealers. . . . . .. .. . . . . . . .. . 33-36 et seq.
See: JUNK AND JUNK DEALERS
Pawnbrokers, secondhand dealers and pre-
cious metal dealers . . . . . . . . . . . . . . . . 33-16 et seq.
See: PAWNBROKERS, ETC.
Temporary uses...... .......... ......... 42-59
SECURITY GUARDS
Merchant or private policemen. . . . . . . . . . . 30-16 et seq.
See: MERCHANT OR PRIVATE PO-
LICEMEN
SERVICE STATIONS. See: GASOLINE FILL-
ING STATIONS
SETBACK LINES
Fence construction. .. . . .. .. . . . . .. . . . ... . 8-401 et seq.
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Subdivision regulations . . . . . . . . . . . . . . . . . 36-1 et seq.
See: SUBDMSIONS
Zoning, bulk requirements............... 42-76 et seq.
See: ZONING
SEVERABILITY
Invalid parts of Code. .. .. . . . . .. . . .. . .. ..
1-11
SEWERS. See: WATER AND SEWERS
SEX OFFENSES
Indecency and obscenity, other. See: INDE-
CENCY AND OBSCENITY
Sex offenses. ........................... 25-71,25-72
SEXUALLY ORIENTED BUSINESSES. See:
ADULT-ORIENTED BUSINESSES
SHOPPING CENTERS
Planned development districts, etc.. . . . . .. 42-401 et seq.
See: ZONING
SHRUBBERY. See: TREES AND SHRUB-
BERY
SIDEWALKS. See: STREETS AND SIDE-
WALKS
SIGN CODE
Adoption of Uniform Sign Code.. ........
Application of Chapter 42...............
Codes, other. See: TECHNICAL CODES
Licenses for sign business . . . . . . . . . . . . . . .
Noncommercial opinion signs. . . . . . . . . . . .
Permits required. . . . . . . . . . . . . . . . . . . . . . . .
Person advertising own businesses
Bond or insurance. . . . . . . . . . . . . . . . . . . .
Political campaign signs. . ... ... . . '" . .. .
Zoning requirements; signs. . . . . . . . . . . . . .
See: ZONING
Supp. No. 16
8-381
8-385
8-383
8-386
8-382
8-384
8-387
42-501 et seq.
Section
SIGNALING DEVICES AND HORNS
Motor vehicles sounding................. 38-155 et seq.
See: TRAFFIC
SILVER AND GOLD
Precious metal dealers. . . . . . . . . . . . . . . . . . 33-16 et seq.
See: PAWNBROKERS, ETC.
SLINGSHOTS. See: FIREARMS AND WEAP-
ONS
SMOKE DETECTORS
Smoke detectors, housing provisions re. . . 18-22, 18-81
SMOKING TOBACCO. See: TOBACCO PROD-
UCTS
SNAKE HARBORAGE. See: PEST CON-
TROL
SOLICITORS. See: PEDDLERS, CANVASS-
ERS AND SOLICITORS
3616
e
.
SOLID WASTE
Solid waste disposal. . . . . . . . . . . . . . . . . . . . .
See: GARBAGE AND TRASH
SOUND TRUCKS. See: LOUDSPEAKERS
AND SOUND TRUCKS
SOUTHWESTERN BELL TELEPHONE
Franchises, Art. IV of App. B
SPECIAL ASSESSMENTS
Certain provisions saved from repeal. . . . .
STANDARD CODES. See: TECHNICAL
CODES
STANDARD TRAFFIC ORDINANCE
Adoption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STATE
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STATUTES
KS.A, construed. . . . . . . . . . . . . . . . . . . . . . .
STEALING. See: THEFT
STORM SEWERS
Subdivisions
Drainage and storm sewers . . . . . . . . . . .
e
STORMS
Civil emergencies and disasters. See that
subject
Mobile home parks. . . . . . . . . . . . . . . . . . . . . .
.
STREAMS. See: BOATS, DOCKS AND WA-
TERWAYS
STREETS AND SIDEWALKS
Alleyways
Business improvement district, within
Use of air space above. . . . . . . . . . . . . .
Approaches to be paved. . . . . . . . . . . . . . . . .
Areaways, protection of . . . . . . . . . . . . .. . . .
Assessments
Service pipes and sewers ahead of pav.
ing. .. . . . . . . . . . . . . . . . .. .. . . . . . . .
See herein: Service Pipes and Sewers
Barricades, warning devices
Removal, interfering with . . . . . . . . . . . . .
Using sidewalk or paving protected by.
Basements
Permit required for certain structures .
Stairways, etc., protection of . . . . . . . . . .
Bench marks; established ...............
Bicycles
Duties when riding on sidewalk . . . . . . .
Bonds. See herein specific subjects
Buildings
Moving buildings.....................
See herein: Moving Buildings
Numbering .. . . . . . . . . . . . . . . . . . . . . . . . .
See herein: Numbering of Buildings
e
Supp. No. 13
Section
CODE INDEX
34-16 et seq.
38-1
1-2(22)
1-2(10)
36-75
22-20
35-40.1
35-128
35-7
35-176 et seq.
35-4
35-5
35-6
35-7
35-21
38-30
35-61 et seq.
35-101 et seq.
1-5
STREETS AND SIDEWALKS (Cont'd.)
Bulkheads
Permits required for certain construc-
tion .. .. .. .. .. .. .. .. . .. .. .. .. .. .
Business improvement district
Use of air space above alleyways. . . . . .
Cellars
Permits required for certain construc-
tion ............................
Stairways, etc., protection of . . . . . . . . . .
City engineer
Excavations; obedience to . . . . . . . . . . . . .
Construction in or under, etc.
Permit required for certain work . . . . . .
Curb marking license or permit
Fees................................ .
Public disclaimed. . . . . . . . . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Specifications. . . . . . . . . . . . . . . . . . . . . . . .
Curbs
Ramps or runways attached to . . . . . . . .
Curfew for minors......................
See: MINORS (Juveniles, children, etc.)
Dead-end streets. . . . . . . . . . . . . . . . . . . . . . . .
Definitions re Code interpretation. . . . . . . .
Demolition, removal or relocation of build-
ings.............................. .
See: BUILDING CODE
Driveways and sidewalks (construction and
repair)
Approaches
Distance between. . . . . . . . . . . . . . .. ..
Location of. . . . . . . . . . . . . . . . . . .. . . . .
Prohibited where .. .. .. .. . . .. .. .. ..
Width of . .. .. .. . .. . .. .. . .. .. .. .. ..
Contractors
Exemption for with city . . . . . . . . . . . .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Disapproval, correction of work. .......
Injury or damage
N onliability of city; protection of pub-
lic ... .... .... ... ..... .. .. ....
Inspection of work. ...................
Licenses
Revocation . . . . . . . . . . . . . . . . . . . . . . . .
Violations. . . . . . . . . . . . . . . . . . . . . . .
Location
Driveway approach ................
Sidewalk. .. . . . . . . . . . . . . . .. . . . . . .. .
Maintenance required .. . . . . . . . . . . . . . .
N onliability of city re iI\jury or damage
Notice of work completion.............
Paving, approaches...................
Permits
Fees............................. .
Form, contents .. . . . . . . . . . . . . . . . . . .
Issuance. . . .. . . . . . . . .. . . . . .. . . .. ..
License and bond prerequisite to. . . .
Licensing requirements ........ . . . .
Persons required to obtain. . . . . . . . . .
3617
Section
35-6
35-40.1
35-6
35-7
35-216
35-6
35-110
35-109
35-107
35-108
35-1
21-16 et seq.
36-74(g)
1-2
8-351 et seq.
35-133
35-131
35-129
35-132
35-136
35-121
35-139
35-135
35-139
35-139
35-140
35-131
35-134
35-126
35-135
35-139
35-128
35-152
35-153
35-155
35-156
35-157
35-154
STREETS AND SIDEWALKS (Cont'd.)
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation.. . . . .. . . . . . . . . .. .. . .. ..
Security required . . . . . . . . . . . . . . . . . .
Term, duration. . . . . . . . . . . . . . . . . . . .
Plans and specifications
Adopted, filing, amendments. . . . . . . .
Compliance. . . . . . . . . . . . . . . . . . . . . . . .
Protection of public. ..................
Provisions, compliance with . . . . . . . . . . .
Removal and reconstruction. . . . . . . . . . .
Rules, regulations; authorized. . . . . . . . .
Sidewalk, location of. . . . . . . . .. . . . . . . . .
Sidewalks, procedure for
Generally. . . . . . . . . . . . . . . . . . . . . . . . .
Petition of property owners. . . . . . . . .
Supervision of work ..................
Violations. .... . ..... . ........ ... . .. ..
Driving rod or stake through . . . . . . . . . . . .
Encroachments. See herein: Obstmctions
and Encroachments
Excavations
Barricades, warning lanterns, ete., main-
tenance........................ .
Responsibility of permittee . . . . . . . . .
City engineer, obedience to. . . . . . . . . . . .
Disposition of money received . . . . . . . . .
Filling, repair to be done by city. . . . . . .
Costs, charging. . . . . . .. . . . . . . . . . . ..
Jurisdiction.................. ........
Paving; service pipes and sewers ahead
of paving .......................
See herein: Service Pipes and Sewers
Permits
Bond required, amount, terms . . . . . .
Cancellation of bond. ............
Required .. . . . . . .. . . . . . . . . . . . . . . . ..
Street construction, for . . . . . . . . . .
Permittee, responsibility of. . . . . . . . . . . .
Plans, specifications. . . . . . . . . . . . .. . . ..
Public service corporations
Special provision for .. . .. .. .. .. . .. .
Refilling, notice when ready for. . . . . . . .
Refilling, procedure for ..... .. . .. . .. ..
Restored surface, condition of . . . . . . . . .
Safety precautions required
Liability of permittees. . . . . . . . . . . . . .
Service pipes and sewers ahead of pav-
ing............................ .
See herein: Service Pipes and Sewers
Street department to assume jurisdic-
tion .. .. . .. .. .. .. .. .. .. . .. .. .. ..
Order for refilling to . .. . .. . . .. . .. ..
Street or sidewalk, part of
Duty to keep available for use . . . . . .
Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Workmen, qualification. . . . . . . . . . . . . . .
Fences, walls, hedges, ete. . . . . . . . . . . . . . . .
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Supp. No. 13
Section
SALINA CODE
35-151
35-160
35-158
35-159
35-124
35-125
35-135
35-127
35-126
35-122
35-134
35-137
35-138
35-122
35-140
35-3
35-208
35-209
35-216
35-211
35-204
35-205
35-208
35-176 et seq.
35-202
35-203
35-201
35-6
35-209
35-215
35-206
35-207
35-205
35-212
35-210
35-176 et seq.
35-208
35-207
35-214
35-217
35-213
8-401 et seq.
STREETS AND SIDEWALKS (Cont'd.)
Flood protection works. . . . . . . .. . . . . . .. . .
See: FLOOD PREVENTION AND CON-
TROL
Gasoline sales; restrictions . . . . . . . . . . . . . .
Handbills, ete. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: ADVERTISING
House moving. See herein: Moving Build-
ings
House numbering. See herein: Numbering
of Buildings
Ice cream street vendors. . . . . . . . . .. . . . . .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Intersections
Obstructions and encroachments. See
herein that subject
Licenses. See herein specific subjects
Loudspeakers and sound trucks..........
Master street plan
Traffic regulations to conform . . . . . . . . .
Minors, curfew for. . . . . . . . . . . . . .. .. .. .. .
See: MINORS (Juveniles, children, ete.)
Moving buildings
Building left in street
Precautions required. .. . . .. .. . . . . . .
At nighttime. . . . . . . . . . . . . . . . . . . .
Building standing more than one hour.
Curb line, extending over. . . . . . . . . . . . .
Damaging public trees while. . . . . . . . . .
Height of building. . . . . . . . . . . . . . . . . . . .
Notice to building official required. . . . .
Permits
Applications.. . . .. . .. . .. .. .. .. .. .. .
Approval by building official .....
Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duration. . . .. . . . . . . .. . . .. . . . . . .. . .
Fees.. .......... ... ........... ....
Issuance .. .. . .. .. .. .. .. .. .. . .. .. ..
Required. . . .. . . . .. . . . . . . . .. . . . . .. .
Route approval
Fire chief and city engineer, by. . .
Special permits to move on certain
streets, ete.. . . . . . . . . . . . . . . . . . .
Planking required; exceptions. . . . . . . . .
Railroad tracks, crossing. . . .. .. .. .. . . .
Tree trimming .......................
Violations........................... .
Wires, removal. . . . . . . . . . . . . . . . . . . . . . .
Newsracks re...........................
Numbering of buildings
Assignment of numbers. ..............
Compliance required; exception. . . . . . . .
Curb marking license or permit. See
herein that subject
Duty to display numbers. . . . . . . . . . . . . .
Even and odd numbers . . .. .. .. . . .. .. .
Size offigures. ... ... .. ...... .. .. .... .
Starting points. . . . . . . . . . . . . . . . . . . . . . .
3618
Section
15-16 et seq.
14-79
3-1 et seq.
28-41 et seq.
3-5, 3-6
38-2
21-16 et seq.
35-65
35-66
35-70
35-67
39-50
35-62
35-61
35-82
35-83
35-86
35-87
35-85
35-87
35-81
35-84
35-64
35-68
35-71
35-69
35-72
35-63
35-43
35-105
35-101
35-106
35-103
35-104
35-102
e
.
STREETS AND SIDEWALKS (Cont'd.)
Obstructions and encroachments
Building construction, during . . . . . . . . .
Business improvement district
Use of air space above alleyways within
Intersections, visibility at
Exceptions . . . . . . . . . . . . . . . . . . . . . . . .
Notice, removal by property owner. .
Preexisting violations not excepted. .
Prohibited. . . . . . . . . . . . . . . . . . . . . . . . .
Removal by city............. .......
Moving buildings.. .. .. .. . . . .. . . . . . .. .
See herein: Moving Buildings
Notice and removal........ ...........
Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . .
Temporary while receiving, shipping mer-
chandise. . . . . . . . . . . . . . . . . . . . . . . .
Use of public property for aesthetic pur-
poses
Abutting property owners, by . . . . . . .
Wires in streets
Duty to remove. . . . . . . . . . . . . . . . . . . .
Nuisance declared, abatement......
Prohibited. . . . . . . . . . . . . . . . . . . . . . . . .
Oil, grease, etc., draining into sewers, riv-
ers, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parking regulations. . . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
Paving; service pipes and sewers ahead of
See herein: Service Pipes and Sewers
Pedestrian access to sidewalks. . . . . . . . . . .
Permits. See herein specific subjects
Railroads and trains
Crossings
Construction
Duty to construct. . . . . . . . . . . . . . . .
Manner of construction . . . . . . . . . .
Waiver of construction require-
ments . . . . . . . . . . . . . . . . . . . . .
Moving buildings; crossing tracks reo
Ramps or runways prohibited. . . . . . . . . . . .
Refuse and containers re
Storage on public right-of-way. . . . . . . . .
Salt water prohibited on pavement. . . . . . .
Service pipes and sewers (ahead of paving)
Assessments of costs. . . . . . . . . . . . . . . . . .
Certification, collection of assessments
City, laying in.. . . . .. .. .. . .. . . . .. . . . . .
City, notice by required . . . . . . . . . . . . . . .
Compliance with ordinances, specifica-
tions ...........................
Construction after expiration of dead-
line.................. ..........
Duty to lay water pipes, etc. ..........
Excavation regulations. See herein: Ex-
cavations
Sidewalks
C-4 Central Business District, use in ..
Construction and repair. See herein:
Driveways and Sidewalks
e
.
e
Supp. No. 15
CODE INDEX
Section
35-39
35-40.1
35-42
35-54
35-53
35-51
35-55
35-61 et seq.
35-37
35-36
35-38
35-40
35-42
35-42
35-41
41-73
38-40 et seq.
35-176 et seq.
36-77(b)
35-231
35-231
35-232
35-71
35-1
34-26
35-2
35-178
35-179
35-178
35-177
35-181
35-180
35-176
35-40.2
STREETS AND SIDEWALKS (Cont'd.)
Definitions for Code interpretation ....
Duties when riding bicycle on sidewalk
Snow and ice on sidewalks. See herein
that subject
Sidewalks, pedestrian access to . . . . . . . . . .
Snow and ice on sidewalks
Duty to remove ....... . . . . . . . . . . . . . . .
Exemption; snow accumulation from
street snow removal. . . . . . . . . . . . .
Failure to remove . . . . . . . . . . . . . . . . . . . .
Nuisance declared. . . . . . . . . . . . . . . . . . . .
Removal by city and assessment of costs
Sound trucks and loudspeakers. . . . . . . . . .
Stairways or railings
Permits required for certain construc-
tion ............................
Protection of. . . . . . . . . . . . . . . . . . . . . . . . .
Street, defined. . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision regulations ......... . . . . . . . .
See: SUBDIVISIONS
Traffic regulations. . . . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
Trains. See herein: Railroads and Trains
Trees
Property owners, rights ofre street trees
Trees and shrubs
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Intersections, visibility at . . . . . . . . . . . . .
See herein: Obstructions and En-
croachments
Trucks, heavy vehicles .. . . . . . . . . . . . . . . . .
See: TRAFFIC
Vacation of public ways
Certain provisions saved from repeal ..
Vehicle size, weight and loads. . . . . . . . . . . .
See: TRAFFIC
Visibility at intersections. . . . . . . . . . . . . . . .
See herein: Obstructions and Encroach-
ments
3619
Section
1-2(21)
38-30
36-77(b)
35-252
35-255
35-253
35-251
35-254
3-5, 3-6
35-6
35-7
1-2(23)
36-1 et seq.
38-1 et seq.
39-17
39-1 et seq.
35-51 et seq.
38-131 et seq.
1-5
38-131 et seq.
35-51 et seq.
e
.
SUBDMSIONS
Access to arterials. . . . . . . . . . . . . . . . . . . . . .
Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . .
Application and interpretations. . . . . . . . . .
Application procedure and approval pro-
cess
Compliance. . . . . . . . . . . . . . . . . . . . . . . . . .
Official submission dates. . . . . . . . . . . . . .
Preliminary plats
Generally . . . . . . . . . . . . . . . . . . . . . . . . .
See herein: Plats and Platting
Submission schedule. . . . . . . . . . . . . . .
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Block corners. monuments...............
Block requirements . . .. . . . . . . .. . . . . . . . . .
Bonds
Performance bonds. . . . . . .. . . . . .. .. . ..
Compliance required. . . . . . . . . . . . . . . . . . . .
Conditions .............................
Covenants. restrictive. . . . . . . . .. . . . . . . . . .
Dead-end streets. . . . . . . . . . . . . . . . . . . . . . . .
Dedication of public park land. . . . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Drainage and storm sewers..............
Drainage easement . . .. .. .. . . .. .. .. . . . ..
Driveway construction and repair. . . . . . . .
See: STREETS AND SIDEWALKS
Easements
Drainage easements. dedication . . . . . . .
Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Excavations in streets...................
See: STREETS AND SIDEWALKS
Exceptions and variations . . . . . . . . . . . . . . .
Flood plain areas . . . . . . . . . . . . . . . . . . . . . . .
Flood protection works. .. .. . .. . .. . . .. .. .
See: FLOOD PREVENTION AND CON-
TROL
Historic spots. trees, shrubbery. etc.
Preservation of natural features, etc. ..
Improvements
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .
See herein specific subjects
Lots and lot improvements. . . . . . . . . . . .
Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . .
Intersections; design standards . . . . . . . . . .
Land, character of . .. .. . . .. .. .. . .. .. .. ..
Lot split regulations
Application procedure and requirements
Approval standards. . . . . . . . . . . . . . . . . . .
Building permit. .. .. .. . .. . .. . . .. .. .. .
Planning staff review .................
Purpose.. .. .. . . .. . .. .. . .. . .. .. . . . .. .
Lots and lot improvements . . . . . . . . . . . . . .
Access from arterial streets . . . . . . . . . . .
Dimensions. . . . . . . . . . . . . . . . . . . . . . . . . .
Double frontage lots. . . . . . . . . . . . . . . . . .
Drainage.. . . .. . .. .. .. . . .. . .. . . . .. .. .
Fencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot arrangement. . . . . . . . . . . . . . . . . . . . .
Lot splits. . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
.
e
Supp. No. 13
Section
CODE INDEX
36-74(d)
36-7
36-5
36-26
36-27
36-36 et seq.
36-28
36-3
36-71(d)
36-74(c)
36-73
36-26
36-8
36-71(b)
36-74(g)
36-81
36-2
36-75
36-75(d)
35-121 et seq.
36-75(d)
36-11
35-201 et seq.
36-78
36-75(c)
15-16 et seq.
36-80
36-71 et seq.
36-72
36-5
36-74.1(d)
36-71(e)
36-60
36-62
36-63
36-61
36-59
36-72
36-72(d)
36-72(c)
36-72(d)
36-72(e)
36-72(t)
36-72(b)
36-72(a)
SUBDMSIONS (Cont'd.)
Water bodies and watercourses. . . . . . . .
Mobile homes and trailers. . . .. . . .. . . . . . .
See: MOBILE HOMES AND TRAILERS
Monuments; installation. . . . . . . . . . . . . . . . .
Name of subdivision.... ........... .....
Names.proposed........................
Natural features and amenities
Preservation of. . . . . . . . . . . . . . . . . . . . . . .
Oil and gas drilling, etc..................
See: OIL AND GAS
Park land. public, dedication. . . . . . . . . . . . .
Pedestrian access to sidewalks. . . . . . . . . . .
Performance bonds......................
Planning.............................. .
See: PLANNING
Plats and platting
Final plats
Application procedure and require-
ments....................... .
Board of commissioners. review by . .
Documents to be submitted. require-
ments. . . . . . . . . . . . . . . . . . . . . . . .
Notificationprocess................
Planning staff review .. .. .. .. . .. .. .
Recording of plats. . . . . . . .. . .. . . . . . .
Review........................... .
Board of commissioners. . . . . . . . . .
Planning commission. . . . . . . . . . . .
Submission and review. . . . . . . . . . . . .
Vested rights . .. . .. .. .. .. .. .. .. .. ..
Municipal boundaries. plats straddling.
Preliminary plats
Application procedure and require-
ments....................... .
Documents to be submitted. require-
ments. . . . . . . . . . . . . . . . . . . . . . . .
Notification process. . . . . . . . . . . . . . . .
Planning staff and planning commis-
sion review. . . .. .. . . . . . . . . . . . .
Preliminary approval ..............
Effective period of. . . . . . . . . . . . . . .
Review by appropriate agencies. . . . .
Zoning regulations. . . . . . . . . . . . . . . . .
Vacation of plats .....................
Policy and purposes. . . .. .. . . .. . . .. . . . . . .
Preservation; natural features and ameni-
ties.............................. .
Provisions
Conflicting provisions. . . . . . . . . . . . . . . . .
Saving provision .. . . . .. . . . . . . . . . . . . . .
Public park land. dedication. . . . . . . . . . . . .
Public uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Railroads and trains
Railroads and limited access highways.
Reservations and design.................
See herein specific subjects
Rules and regulations
Plats to comply with all ordinances, etc.
Saving provision. .. . . .. . . . . . . . . . . . .. . . . .
3621
Section
36-72(g)
22-1 et seq.
36-71(d)
36-71(t)
36-71(t)
36-80
26-1 et seq.
36-81
36-77(b)
36-73
29-1 et seq.
36-51
36-55
36-92
36-53
36-52
36-58
36-56
36-55
36-54
36-56
36-57
36-71(c)
36-36
36-91
36-39
36-38
36-40
36-41
36-37
36-42
36-9
36-4
36-80
36-5
36-6
36-81
36-79
36-74.1(c)
36-71 et seq.
36-71(a)
36-6
SUBDMSIONS (Cont'd.)
Sewer and water facilities. . . . . . . . . . . . . . .
Sidewalk construction and repair . . . . . . . .
See: STREETS AND SIDEWALKS
Sidewalks; required improvements. . . . . . .
Storm sewers and drainage. .. . . . . .. . .. ..
Street dedications and reservations
New perimeter streets. . . . . . . . . . . . . . . .
Widening and realignment of existing
streets. . . . . . . . . . . . . . . . . . . . . . . . . .
Street design standards
Intersections. . . . . . . . . . . . . . . . . . . . . . . . .
Private streets . . . . . . . . . . . . . . . . . . . . . . .
Public streets . . . . . . . . . . . . . . . . . . . . . . . .
Railroads and limited access highways.
Street excavations . . . . . . . . . . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
Street requirements, generally
Access to arterials....................
Blocks.............................. .
Frontage on improved streets .. . . . . . . .
Layout and dedication of streets and
dead~ndstreets.................
Reserve strips. . . . . . . . . . . . . . . . . . . . . . . .
Street names. . . . . . . . . . . . . . . . . . . . . . . . .
Thpography and arrangement. . . . . . . . .
Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Thpography and arrangement of streets ..
Trains. See herein: Railroads and Trains
Trees and shrubs. . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Utilities
Easements, etc. .. . . . . . . . . . . . . . . . . . . . .
Variations and exceptions ...............
Water and sewer facilities . . . . . . . . . . . . . . .
Wells and central water systems. . . . . . . . .
Zoning. See that subject
Generally........................... .
Subdividing required prior to zoning. . .
Supp. No. 13
SALINA CODE
Section
Section
36-76
35-121 et seq..
36-77
36-75
36-74.2(a)
36-74.2(b)
36-74.1(d)
36-74.1(b)
36-74.1(a)
36-74.1(c)
35-201 et seq.
36-74(d)
36-74(c)
36-74(a)
36-74(g)
36-74(1)
36-74(e)
36-74(b)
36-1
36-74(b)
39-1 et seq.
36-78
36-78
36-76
36-76
42-1 et seq.
42-8
3622
e
.
SUITS AND PLEAS
Indemnification and liability. . . . . . . . . . . . .
See: INDEMNIFICATION
Repeal of ordinances, effect. . . . . . . . . . . . . .
Simulating legal process. . . . . . . . . . . . . . . . .
SUNDAYS
Computation of time re..................
SURETY BONDS. See: BONDS, SURETY
OR PERFORMANCE
SURGEONS. See: DOCTORS, ETC.
SURVEYS, MAPS AND PLATS
Bench marks, established ...............
Certain provisions saved from repeal. . . . .
Flood prevention and control map
Lands included in corporate limits. . .. .
Mobile home park map required . . . . . . . . .
Numbering of buildings . . . . . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
Planning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: PLANNING
Subdivision regulations .. . . . . . . . . . . . . . . .
See: SUBDIVISIONS
Zoning maps, boundaries, etc.. . . . . . . . . . . .
See: ZONING
SWEAR OR SWORN. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
SWIMMING POOLS (Private)
Compliance with codes. . . . . . . . . . . . . . . . . .
Construction, design and maintenance gen-
erally . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Electrical code, compliance with .........
Enclosure of pools. . . . . . . . . . . . . . . . . . . . . . .
Lighting, compliance with. . . . . . . . . . . . . . .
Location of pools.. .. . . . .. . . .. . .. . .. . . . ..
Permits
Application for. . . . . . . . . . . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plumbing code, compliance with ..... . . . .
e
T
.
TAXATION
Certain provisions saved from repeal. . . . .
Charter ordinances.. . . . . . . .. . . . . . . . . . ..
Library board levies. . . . . . . . . . . . . . . . . . . . .
Limitations on tax levies
Charter ordinance Nos. 1,3,9...... ..,
Occupational licenses . . . . . . . . . . . . . . . . . . .
See: LICENSES AND PERMITS
TAXICABS
Business license
Annual inspections. . . . . . . . . . . . . . . . . . .
Application . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees................................ .
Identification number and certificates. .
e
Supp. No. 16
Section
CODE INDEX
2-76 et seq.
1-7
25-116
35-21
1-5
15-2
22-21(aX5)
35-101 et seq.
29-1 et seq.
36-1 et seq.
42-40 et seq.
8-465, 8-466
8-464
8-461
8-466
8-468
8-466
8-467
8-463
8-462
8-465
1-5
App.A
19-38
App.A
20-1 et seq.
40-15
40-12
40-13
40-18
1-2
TAXICABS (Cont'd.)
Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nontransferable...... ................
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taxicabs placed in service during license
year........................... .
Vehicles and inspections . . . . . . . . . . . . . .
Charges............................... .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Driver's license
Application .. . . . .. .. .. . .. .. .. . .. . .. ..
Approval of application
Issuance; appeal of denial . . . . . . . . . .
Fees................................ .
Identification badge required. . . . . . . . . .
Investigation, report on criminal record
of applicant. . . . . . . . . . . . . . . . . . . . .
Kansas driver's license. . . . . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Items left in . . . . . . . . . . . . . . . . . . . . . . . . . . . .
License
Business license. See herein that subject
Driver's license. See herein that subject
Passengers. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TECHNICAL CODES
Building code. . . . . . . . . . . . . . . . . . . . . . . . . . .
See: BUILDING CODE
Electrical code. . . . . . . . . . . . . . . . . . . . . . . . . .
See: ELECTRICAL CODE
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Mechanical code . . . . . . . . . . . . . . . . . . . . . . . .
See: MECHANICAL CODE
One- and two-family dwelling code. . . . . . .
Plumbing code.. . . . .. . .. . .. . . .. . . .. . .. ..
See: PLUMBING CODE
Sign code........ ..... ... ..... ..........
See: SIGN CODE
Swimming pools, private . . . . . . . . . . . . . . . .
See: SWIMMING POOLS (Private)
Uniform Building Code..................
See: BUILDING CODE
Uniform Code for Abatement of Dangerous
Buildings adopted. . . . . . . . . . . . . . . . . .
TELEPHONES
Franchises, Arts. IV of App. B
Harassment by . . . . . . . . . . . . . . . . . . . . . . . . .
New mobile home parks, etc. .... . . . . . . . .
Poles and wires. See that subject
TELEVISION
Franchises, Art. III of App. B
TEMPORARY USES
Zoning regulations. . . . . . . . . . . . . . . . . . . . . .
TENANT IN COMMON, ETC.
Owner defined re . . . . . . . . . . . . . . . . . . . . . . .
3623
Section
40-16
40-17
40-20
40-11
40-19
40-14
40-2
40-1
40-32
40-36
40-33
40-37
40-35
40-34
40-31
40-4
40-3
8-36 et seq.
8-66 et seq.
18-1 et seq.
8-281 et seq.
8-51
8-176 et seq.
8-381 et seq.
8-462 et seq.
8-36 et seq.
8-331
25-141
22-38(e)
42-59
1-2(15)
TENANT, OCCUPANT
Tenns construed. . . . . . . . . . . . . . . . . . . . . . . .
TENEMENTS
Real property defined re.. . .. . .. . . . .. . . . .
TENT SHOWS. See: CARNIVALS, CIRCUSES
AND TENT SHOWS
TERRITORIAL APPLICATION
Zoning provisions. . . . . . . . . . . . . . . . . . . . . . .
THEATERS
Salina Community Theater
Alcoholic beverages, consumption in . . .
THEFI'
Inoperable vehicles .. . . . . . . . . . . . . . . . . . . .
See: TRAFFIC
Library books, stealing.. . .. . .. . . . .. . .. . .
Offenses against property . . . . . . . . . . . . . . .
See: PROPERTY
Utilities re . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TIME
Computation of re Code interpretation ...
TOBACCO AND TOBACCO PRODUCTS
Furnishing cigarettes or tobacco products
to a minor. . . . . . . . . . . . . . . . . . . . . . . . .
Minors; purchase or possession of tobacco
products or cigarettes by . . . . . . . . . . .
TORNADOS. See: CIVIL EMERGENCIES
AND DISASTERS
TOURISM COMMITTEE. See: CONVEN-
TION AND TOURISM COMMITTEE
TOXIC WASTES. See: HAZARDOUS WASTES
TRADES
Occupational licenses ...................
See: LICENSES AND PERMITS
TRAFFIC
Abandoned vehicles
Inoperable vehicles. . . . . . . . . . . . . . . . . . .
See herein: Inoperable Vehicles
Animals
Dogs and cats
Leaving unattended in hot cars. . . . .
Report of motor vehicles striking . . . . . .
Applicability to areas open to public vehic-
ular traffic. .. .. .. .. . . . . . . . . . .. . .. .
Bicycles
Duties when riding bicycle on sidewalk
Police to take up vehicles, bicycles or
other devices. .. . . . . .. . . . . . . .. .. .
Riding human powered wheeled devices
on publicly and privately owned
property. . . . . . . . . . . . . . . . . . . . . . . .
Riding in Salina Business Improvement
District No.1 and on publicly and
privately owned property . . . . . . . .
Supp. No. 16
Section
SALINA CODE
1-2(24)
1-2(20)
42-3
5-25
38-81 et seq.
19-2
25-91 et seq.
31-6
1-2(4)
25-85
25-84
20-1 et seq.
38-81 et seq.
7 -46(a)(3)
7-72
38-11
38-30
38-33
38-31
38-29
TRAFFIC (Cont'd.)
Blind or incapacitated persons
Impersonating. . . . . . . . . . . . . . . . . . . . . . .
Buildings; demolition, removal or reloca-
tion of . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: BUILDING CODE
Careless driving . .. . .. . . . . . . . .. . .. . . .. . .
Certain provisions saved from repeal. . . . .
Children. See herein: Minors
Demolition, removal or relocation of build-
ings.............................. .
See: BUILDING CODE
Disabled vehicles
Inoperable vehicles. . . . . . . . . . . . . . . . . . .
See herein: Inoperable Vehicles
Driving backwards
Peddlers and solicitors; ice cream street
vendors; operating regulations ...
Driving off roadway. . . . . . . . . . . . . . . . . . . . .
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fines, scheduled; penalties for. . . . . . . . . . .
Funeral processions. See herein: Parades
and Processions
Handbills, etc., attaching to vehicles .....
Heavy vehicles. See herein: Size, Weight
and Load
House moving
Demolition, removal or relocation of build-
ings ............ ............. ...
See: BUILDING CODE
Ice cream street vendors ................
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Impersonation
Blind or incapacitated person .........
Infractions. . .. . .. . . .. . . .. . . .. . . . .. . . . . .
Inoperable vehicles
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Findings of governing body enumerated
Nuisance and abatement. . . . . . . . . . . . . .
Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Presumption that vehicle is inoperable.
Prohibitions. . . . . . . . . . . . . . . . . . . . . . . . . .
Intersections
Certain provisions saved from repeal ..
Design standards. . . . . . . . . . . . . . . . . . . . .
Ice cream street vendors; operating reg-
ulations
Selling near an intersection ........
Railroads and trains. See herein that
subject
Train whistles
Sounding at certain intersections ...
Visibility at .. . .. . .. . .. .. .. . . . .. . .. . . .
See: STREETS AND SIDEWALKS
VISibility obstructions. . . . . . . . . . . . . . . . .
3624
Section
38-25
8-351 et seq.
38-21
1-5
8-351 et seq.
38-81 et seq.
28-60
38-27
38-83
38-1. 2
3-1
8-351 et seq.
28-41 et seq.
38-25
38-1.1
38-82
38-81
38-87
38-88
38-86
38-83
1-5
36-74.1(d)
28-64
38-118
35-51 et seq.
42-81
e
.
TRAFFIC (Cont'd.)
Licenses
N onissuance to children requested, when
Restricted licenses
Applications referred to police chief,
action on . . . . . . . . . . .. .. . . .. . . .
Load. See herein: Size, Weight and Load
Loading zones
Off-street parking and loading . . . . . . . .
See: ZONING
Minors
Parental responsibility for violations by
children. . . .. . . . . .. . .. .. . .. .. .. .
Police to take up vehicles, bicycles or
other devices....................
Moving vehicles
Boarding or alighting from. . . . . . . . . . . .
Muftlers required. . . . . . . . . . . . . . . . . . . . . . .
Noise
Exempt vehicles. . . . . . . . . . . . . . . . . . . . . .
Horns and signaling devices. . . . . . . . . . .
Muftlers or sound dissipative devices . .
Quiet zones. . . . . . . . . . . . . . . . . . . . . . . . . .
Standing motor vehicles . . . . . . . . . . . . . .
Train whistles
Sounding at certain intersections . . .
Nuisance vehicles
Impounding, removal .. . . .. . . . . .. . . . . .
Obstructions
Trains blocking streets. . . . . . . . . . . . . . . .
One-way streets
Certain provisions saved from repeal ..
Ordinance, standard traffic. . . . . . . . . . . . . .
Parades and processions
Drivers in processions, duties . . . . . . . . .
Driving through......................
Funeral processions
Pennant or escort required .. . . . . . . .
Pennits required. . . . . . . . . . . . . . . . . . . . .
Parking, stopping and standing
Certain provisions saved from repeal . .
Designating prohibited or restricted park-
ing.. .. .. . . . . . . . . .. . . . .. . . . . . . ..
Establishing zones ............ . . . . .. .
Handbills, etc., distributing..... .. ....
Ice cream street vendors; operating reg-
ulations
Parking to dispense products . . . . . . .
Impoundment
Nuisance vehicles, . removal. . . . . . . . .
Inoperable vehicles. . . . . . .. . . . . . . . . .. .
See herein: Inoperable Vehicles
Marking vehicles in areas where park-
ing time limited. . . . . . . . . . . . . . . . .
Nuisance vehicles. . . . . . . . . . . . . . . . . . . .
Off-street parking and loading . . . . . . . .
See: ZONING
Overtime parking prohibited. . . . . . . . . .
e
.
e
Supp. No. 13
CODE INDEX
Section
38-5
38-6
42-551 et seq.
38-32
38-33
38-22
38-154
38-157
38-155
38-154
38-4
38-156
38-118
38-43
38-116
1-5
38-1
38-103
38-104
38-102
38-101
1-5
38-40
38-44
3-1
28-63
38-43
38-81 et seq.
38-46
38-43
42-551 et seq.
38-45
TRAFFIC (Cont'd.)
Parking of certain vehicles on streets in
residential areas; arterial streets
at night prohibited . . . . . . . . . . . . . .
Private property, parking without per-
mission........................ .
Standing motor vehicles, noise .. . . . . . .
Suspension of parking provisions; tem-
porary. .. .. .. . . .. . . . . . . . .. .. .. . .
Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Peddlers and solicitors; operating regula-
tions
Ice cream street vendors. . . . . . . . .. . .. .
See: PEDDLERS, CANVASSERS AND
SOLICITORS
Sales from vehicles on improved public
streets. . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties for scheduled fines. . . . . . . . . . . . .
Processions. See herein: Parades and Pr0-
cessions
Property owners
Provisions not to interfere with.. ... ...
Public vehicular traffic
Provisions applicable to areas open to. .
Quiet zones ............................
Railroads and trains
Crossings
Backing trains, cars across . . . . . . . . .
Construction
Duty to construct. . . . . . . . . . . . . . . .
Manner of construction . . . . . . . . . .
Waiver of construction require-
ments . . . . . . . . . . . . . . . . . . . . .
Moving building across . . . . . . . . . . . . .
Streets, trains blocking. ...... .. ....
Train whistles
Sounding at certain intersections .. .
Trains blocking streets. . . . . . . . . . . . . . . .
Whistles; unlawful to sound, when. . . . .
Real property owners
Provisions not to interfere with. . . . . . . .
Fteckless driving........................
Regulations
Conformance to street plan ...........
Roadway, driving off . .. .. . .. . .. .. , .. .. ..
School crossing guards, obedience. . . . . . . .
School zones, speed in.... .... .. ..... ....
Sidewalks
Snow and ice on. . . . . . . . . . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
Size, weight and load
Compliance required. . . . . . . . . . . . . . . . . .
Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . .
Gross weight. . . . . . . . . . . . . . . . . . . . . . . . .
Height and length ofvehicles and loads
Passenger vehicles
Projecting loads on. . . . . . . . . . . . . . . . .
Through truck traffic prohibited on cer-
tain streets . .. .. .. .. .. .. .. . .. . ..
Vehicle weight laws; enforcement. . . . . .
3625
Section
38-41
38-42
38-156
38-47
38-48
28-41 et seq.
28-31
38-1.2
38-7
38-11
38-4
38-117
35-231
35-231
35-232
35-71
38-116
38-118
38-116
38-118
38-7
38-21
38-2
38-27
38-26
38-28
38-251 et seq.
38-131
38-182
38-137
38-135
38-134
38-139
38-138
TRAFFIC (Cont'd.)
Wheel and single axle load limits. . . . . .
Width of vehicles and loads on .. . . . . . .
Snow and ice on sidewalk .. . . . . . . . . . . . . .
See: STREETS AND SIDEWALKS
Speed in school zones. . . . . . . . . . . . . .. . . ..
Speed ofvehicle
Ice cream street vendors; operating reg-
ulations ........................
Standard traffic ordinance. . . . . . . . . . . . . . .
Standing, stopping. See herein: Parking,
Stopping and Standing
Stop intersections
Certain provisions saved from repeal ..
Street or highway
Defined............................. .
Manager may designate streets for other
purposes. . . . . . . . . . . . . . . . . . . . . . . .
Temporary closing of streets
Authority of manager ..............
Through streets
Certain provisions saved from repeal ..
Tires and wheels on vehicles
Size, weight and load requirements. . . .
Traffic-control signs, signals and devices
Certain provisions saved from repeal ..
Tampering with traffic signal .........
Trains. See herein: Railroads and Trains
Trucks
Size, weight and load. . . . .. . . . . . . . . .. .
See herein: Size, Weight and Load
U-turns
Peddlers and solicitors; ice cream street
vendors; operating regulations ...
Vehicular battery .. .. .. .. .. . .. .. . .. .. .. .
Vehicular traffic, public
Provisions applicable to areas open to. .
Violations
Infractions,offenses ..:...............
Parking violations. .. .. . .. . . .. . . . . .. ..
Penalties for scheduled fines . . . . . . . . . .
Weight. See herein: Size, Weight and Load
TRAILERS. See: MOBILE HOMES AND
TRAILERS
TRAINS. See: RAILROADS AND TRAINS
TRANSIENT MERCHANTS. See: PED-
DLERS, CANVASSERS AND SOLICI-
TORS
TRAPPING
Spring steel traps restricted . . . . . . . . . . . . .
TRASH. See: GARBAGE AND TRASH
TREASURERS
City treasurer
Official bonds, amount................
County treasurer
Library board, duties. . .. . . . . . . . . . . .. .
Supp. No. 13
Section
SALINA CODE
38-136
38-133
38-251 et seq.
38-28
28-58
38-1
1-2(23), 38-10
38-3
38-3
1-5
38-133
1-5
25-100
38-131 et seq.
28-59
25-53
38-11
38-1.1
38-48
38-1.2
7-76
2-63
19-37
TREASURERS (Cont'd.)
Firemen's relief association
Treasure~ bond of....................
Library board treasurer
Bond of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties of. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-5
TREEAD~SORYBOARD
Generally. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .
See: TREES AND SHRUBBERY
TREES AND SHRUBBERY
Animals destroying property in parks . . . .
Board. See herein: Tree Advisory Board
City
Powers in case of general infection. . . . .
Right of to maintain trees not affected .
City forester
Appointment, authority. . . . . . . . . . . . . . .
Notification of prior to removal of street
trees ...........................
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fences, walls, hedges, ete. . . . . . . . . . . . . . . .
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Flowers, plants, etc.
Animals destroying in parks . . . . . . . . . .
Forester. See herein: City Forester
Franchise rights and regulations. . . . . . . . .
Historic spots, trees, shrubbery, ete.
Preservation of natural features, ete. ..
Infection, generally; powers of city in case
of...... ....................... ....
Licensing and regulations
Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicants; examination, qualification,
ete.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application. . . . . . . . . . . . . . . . . . . . . . . . . .
Bond required. . . . . . . . . . . . . . . . . . . . . . . .
Identification on vehicles and equip-
ment at job site .. .. . .. . .. .. .. .. .
License fee. . . . . . . . . . . . . . . . . . . . . . . . . . .
License required, when. . . . . . . . . . . . . . .
Revocation of license. . . . . . . . . . . . . . . . . .
Moving buildings; tree trimming. . . . . . . . .
Nuisances; duties and abatement of
Abatement procedure. . . . . . . . . . . . . . . . .
Dead trees, limbs and shrubs; duty to
remove. . .. .. . . . . . . . . . . . . . . . .. . .
Disease and insects
Duty to maintain trees and shrubs
free from. . . . . . . . . :. . . . . . . . . . .
Emergency abatement. . . . . . . . . . . . . . . .
Preliminary notice. . . . . . . . . . . . . . . . . . . .
Public ways, duty to trim trees on or
near............ ..... .... .......
Violations declared nuisances . . . . . . . . .
Parks
Animals destroying property in. . . . . . . .
Property owners, rights of over street trees
3626
Section
14-21
19-36
19-37
39-30 et seq.
27-17
39-19
39-18
39-16
39-91
39-1
8-401 et seq.
27-17
App.B
36-80
39-19
39-112
39-111
39-110
39-113
39-115
39-114
39-110
39-116
35-69
39-75
39-71
39-72
39-76
39-74
39-70
39-73
27-17
39-17
e
.
TREES AND SHRUBBERY (Cont'd.)
Public trees, protection of
Attachment of wires prohibited. . . . . . . .
Damage prohibited. . . . . .. . . . . . . . . . . ..
Damaging while moving buildings or
equipment..................... .
Tree topping. . . . . . . . . . . . . . . . . . . . . . . . .
Regulate, authority to. .. .. .. . . .. .. . .. . ..
Regulations and licensing. See herein: Li-
censing and Regulations
Regulations and rules. . . . . . . . .. .. . . . . . . .
Street obstructions and encroachments. . .
See: STREETS AND SIDEWALKS
Street trees
Planting procedure. .. . . . . . . . . . . . .. . . .
Property owners rights re. . . . . . . . . . . . .
Removal, notification of forester prior to
Tree species... . .... .... ... .... . . ... ..
Subdivision regulations .................
See: SUBDMSIONS
Tree advisory board
Appointment and term. . . . . . . . . . . . . . . .
Compensation....................... .
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Membership . . . . . . . . . . . . . . . . . . . . . . . . .
Officers. ... ... . . . .. . ... . .. . . .. ... . ...
Purpose.. . .. .. . .. . .. .. .. . . .. .. . . .. ..
Quorum. ........ ...... ...... ..... ...
Tree sizes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Utility company's right to trim. . . . . . . . . . .
Violation and penalty .... . .. .. .. . . .. . .. .
TRENCHES. See: EXCAVATIONS
TRESPASS
Criminal trespass.......................
Flood protection works property. . . . . . . . . .
Peddlers and solicitors; operating regula-
tions
Entry upon signed premises unlawful. .
Schools or institutions (public or private)
Loitering or trespassing on grounds of .
e
Section
CODE INDEX
39-51
39-52
39-50
39-53
39-15
39-20
35-36 et seq.
39-90
39-17
39-91
39-92
36-1 et seq.
39-33
39-34
39-30
39-32
39-35
39-31
39-36
39-6
31-10
39-21
25-97
15-4
28-29
25-136
TRUCKS
Size, weight and load. .. . ............... 38-131 et seq.
See: TRAFFIC
.
U
UNDERBRUSH. See: WEEDS AND BRUSH
UNDERGROUND UTILITIES. See: UTILI-
TIES
UNIFORM CODES. See: TECHNICAL
CODES
UNSAFE STRUCTURES
Code for abatement of dangerous buildings
Codes, other. See: TECHNICAL CODES
URBAN RENEWAL
Charter ordinance No.2.................
e
Supp. No. 13
8-331
App.A
UTILITIES
Codes, technical. See: TECHNICAL CODES
Director of, bond amount.. .. . .. . . . . .. .. .
Discontinuing service if taken fraudulently
Excavations in streets....... .. .. ..... ...
See: STREETS AND SIDEWALKS
Fires; wire removal, turning off current . .
Flood protection works. . . . . . . . .. . . . . . . . .
See: FLOOD PREVENTION AND CON-
TROL
Franchises, Arts. I and II of App. B
Fraudulent taking of services
Discontinuing service re .. . . . . . . . . . . . .
Funds
Special fund for utility costs and em-
ployee benefits
Charter ordinance Nos. 16, 17 ......
Housing code requirements. . . . . . . . . . . . . .
See: HOUSING
Inspections, right of entry. . . . . . . . . . . . . . .
Mobile home regulations .... . . . . . . . . . . . .
See: MOBILE HOMES AND TRAILERS
Poles
Other regulations. See: POLES AND
WIRES
Painting. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prohibited in certain districts . . . . . . . . .
Underground wires required where
poles prohibited.... ........ ...
Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . .
Service pipes and sewers ahead of paving.
See: STREETS AND SIDEWALKS
Solid waste removal. . . . . . . . . . . . . . . . . . . . .
See: GARBAGE AND TRASH
Subdivision regulations .................
See: SUBDMSIONS
Theft of services. . . . . . . . . . . . . . . . . . . . . . . .
Tree trimming, branches .... .. .. . .. . .. ..
Trees and shrubs generally. . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Underground wires required when . . . . . . .
Water and sewers.. .. . . .. . . .. . .. . . . . . .. .
See: WATER AND SEWERS
v
VACCINATION
Dogs and cats; rabies vaccination .. . . . . . .
VANDALISM
Advertising, lawfully posted . . . . . . . . . . . . .
Altering or tamper with Code. . . . . . . . . . . .
Library books or property; damaging. . . . .
Offenses against property . . . . . . . . . . . . . . .
See: PROPERTY
Public trees, protection. . . . . . .. . . . . . .. . . .
See: TREES AND SHRUBBERY
Trespassing on, damaging, interfering with
flood control property . . . . . . . .. . . . . .
3627
Section
2-63
31-6
35-201 et seq.
8-82
15-16 et seq.
31-6
App.A
18-1 et seq.
31-4
22-16 et seq.
31-7
31-8
31-9
31-4
35-176 et seq.
34-16 et seq.
36-1 et seq.
31-6
31-10
39-1 et seq.
31-9
41-1 et seq.
7-54
3-4
1-9
19-4
25-91 et seq.
39-50 et seq.
15-4
VANDALISM (Cont'd.)
Utility equipment; tampering with
Water meters, consumer responsible for
damage....................... ..
VARIANCES. See: ZONING
VEGETATION. See: TREES AND SHRUB-
BERY
VEHICLES FOR HIRE
Taxicabs. . .. . . . . . . . . . . .. . . . . . .. . . . .. . . .
See: TAXICABS
VEHICLES. See: MOTOR VEHICLES AND
OTHER VEHICLES
VENDORS. See: PEDDLERS, CANVASSERS
AND SOLICITORS
VERMIN. See: PEST CONTROL
VIADUCTS
Street defined reo .... . ... .... .. .. .. .....
Public ways generally. See: STREETS
AND SIDEWALKS
VIOLATIONS
General and continuing penalty. . . . . . . . . .
Offenses; violations, penalties. . . . . . . . . . . .
Specific penalties. See specific subjects
VOTES AND VOTING. See: ELECTIONS
VOYEURISM
Peeping tom. .. .. . . .. . . . . . . . . . . . . . . . . . ..
VULGARITY. See: INDECENCY AND OB-
SCENITY
W
WAGERING. See: GAMBLING
WALLS. See: FENCES, WALLS, HEDGES
AND ENCLOSURES
WAR EMERGENCIES. See: CML EMER-
GENCIES AND DISASTERS
WAR VETERANS. See: VETERANS
WARDS
City to consist of one ward ..............
WARNING DEVICES
Removal, interfering with . . . . . . . . . . . . . . .
WASTES
Hazardous wastes. See that subject
Solid waste disposal. . . . . . . . . . . . . . . . . . . . .
See: HEALTH AND SANITATION
WATER AND SEWERS
Air conditioners ........................
Water conservation. See herein that sub-
ject
Supp. No. 13
Section
SALINA CODE
41-38
40-1 et seq.
1-2(23)
1-10
25-181, 25-182
25-72
12-1
35-4
34-16 et seq.
41-51 et seq.
WATER AND SEWERS (Cont'd.)
Building sewers. See herein: Sewers and
Sewage Disposal
Charges. See herein: Rates and Charges
Codes, technical. See: TECHNICAL CODES
Cost records required . .. . . . . . . . . . . . . .. ..
Director of utilities
Authorized persons right of entry. . . . . .
Flood protection works. . .. . . . .. . . . . . .. . .
See: FLOOD PREVENTION AND CON-
TROL
Fluoridation; authorization. . . . . . . . . . . . . .
Funds
Petty cash fund .. .. .. .. .. .. . .. .. . .. . .
Health department approval. . . . . . . . . . . . .
Housing provisions. . . . . . .. . . .. . .. . . . . . . .
See: HOUSING
Industrial pretreatment. See herein: Sew-
ers and Sewage Disposal
Meters, facilities, etc.
Charges. See herein: Rates and Charges
Installation. See herein: Water Supply
and Distribution
Mobile homes park distribution systems,
etc. .. .. .. .. .. . .. .. .. .. .. .. . .. .. . ..
Permits
Sewers and sewage disposal. See herein
that subject
Petty cash fund.........................
Policy .. .. . .. .. . . . . . .. . . . . . . . . . . . .. .. .. .
Private wastewater disposal systems. See
herein: Sewers and Sewage Disposal
Public utilities, generally. . . . . . . . . . . . . . . .
See: UTILITIES
Rates and charges
Adoption by resolution. . . . . . . . . . . . . . . .
Billing and collection . .. .. .. .. . .. . .. ..
Delivery of bills, department not re-
sponsible.................... .
Duplicate bills. . . . . .. . . .. . . . . . . .. . .
Nonpayment, disconnecting service. .
Payment, regulations authorized to
secure. . . . . .. . . . .. . . . . . . . . .. ..
Service not furnished until bill paid .
Charges and taps
Water supply and distribution . . . . . .
City use of water, charge..............
Corrections. . . . . . . . . . . . . . . . . . . . . . . . . .
Covenant not to decrease rates. . . . . . . .
Delinquent accounts, penalty for ......
Free service prohibited ;..............
Industrial pretreatment. See herein: Sew-
ers and Sewage Disposal
Installation charges. See herein: Water
Supply and Distribution
Meter fails, charge when..............
Meters, multiple; combined reading....
Permit fees. See herein: Sewers and
Sewage Disposal
3628
Section
41-3
41-7
15-16 et seq.
41-42
41-4
42-62
18-75 et seq.
22-18,22-23
41-4
41-9
31-1 et seq.
41-86
41-93
41-94
41-94
41-93
41-97
41-96
41-28
41-87
41-95
41-91
41-93
41-92
41-88
41-98
e
.
WATER AND SEWERS (Cont'd.)
Reduction in sewer charge
Water not discharged into sewer. . . .
Refunds. . . . . . .. . . . . . . . . . . . . .. .. . . . . .
Revenue bonds, etc.
Covenant not to decrease rates .....
Regulations ............................
Regulations declared contractual. . . . . . . . .
Revenue
Deposit, use of . . . . . . . . . . . . . . . . . .. . . . .
Right of entry .. .. . . . . . . . .. .. . . .. . .. . . . .
Service pipes, etc., ahead of paving. . . . . . .
See: STREETS AND SIDEWALKS
Sewers and sewage disposal
Application for service when city water
not used. . . . . . . .. . . . . . .. . . . .. . . .
Building sewers
Connections
Inspection . . . . . . . . . . . . . . . . . . . . . .
Requirements generally..........
Construction requirements
Generally. . .. . .. . . . . . . . . . . . . . .. .
Pipeline diameter, minimum . . . . .
Pipeline materials. . . . . . . . . . . . . . .
Existing building sewers ...........
Generally .. . . .. . .. .. .. . .. .. .. .. .. .
Indemnification................... .
Inflow sources. . . . . . . . . . . . . . . . . . . . .
Permit required ...................
Required......................... .
Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Discharge requirements. . . . . . . . . . . . . . .
Colorlimitations. . . . . . . . . . .. . . . . . . .
Enforcement. See within this subhead-
ing that subject
Explosive materials. . . . . . . . . . . . . . . .
Flammable wastes, materials.. . . . . .
Grease. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hazardous material. . . . . . . .. . . . . . . .
Industrial pretreatment. See within
this subheading that subject
Inspections, monitoring and sam-
pling. See within this subhead-
ing that subject
Noxious or malodorous materials....
Odor limitation. . .. . . . .. .. . .. .. .. ..
Oxygen demanding pollutants . . . . . .
Permits
NPDES permit violations . . . . . . . .
pH limitation.. . . .. . . .. . .. . . .. . .. . .
Pretreatment standards. . . . . . . . . . . .
Prohibited discharges generally. . . . .
Prohibitions generally. . . . . . . . . . . . . .
Radioactive waste..................
Reuse or reclamation of waste
Discharges which render effluent
unsuitable for.. . . . .. . .. . . ..
Sand..............................
Solid or viscous substances. . . . . . . . .
e
.
e
Supp. No. 13
Section
CODE INDEX
41-90
41-95
41-91
41-9
41-6
41-2
41-7
35-176 et seq.
41-72
41-135
41-134
41-130
41-131
41-132
41-129
41-125
41-127
41-133
41-126
41-128
41-136
41-110
41-145
41-154
41-147
41-147,41-160
41-160
41-158
41-151
41-154
41-156
41-153
41-149
41-163
41-146
41-111
41-157
41-152
41-160
41-148
WATER AND SEWERS (Cont'd.)
Taste limitations. . . . . . . . . . . . . . . . . . .
Temperature limitations. . . . . . . . . . . .
'Ibxic pollutants. . . . . . . . . . . . . . . . . . . .
~olations; penalties
Enforcement. See within this sub-
heading that subject
NPDES permit violation. . . . . . . . .
Enforcement
Discharge requirements. . . . . . . . . . . .
~olations; penalties. See within this
subheading that subject
Industrial pretreatment
Application, administration and en-
forcement . . . . . . . . . . . . . . . . . . . .
Authorization of local limits .. . . . . . .
Compliance report. See within this
subheading: Reports and Records
Confidential information ..... . . . . . .
Discharge requirements
Accidental discharges. . . . . . . . . . . .
Changed discharge, notification of
City's right of revision. . . . . . . . . . .
Dilution .. .. . .. .. .. . .. .. .. .. .. ..
Employees, notice to. .. . . . . . . . . . .
Federal categorical pretreatment
standards..................
Modification of.. .. . . . . . . . . . .. .
Generally...................... .
Harmful contributions. . . . . . . . . . .
Noncompliance. notification of. . . .
Pretreatment compliance ........
State requirements..............
Fees
Charges and fees enumerated. . . .
Purpose ........................
Inspections, monitoring and sam-
pling
Inspection .. .. .. .. .. .. . .. .. .. . ..
Monitoring
Facilities. . . . . . . . . . . . . . . . . . . . .
Self-monitoring. . . . . . . . . . . . . . .
Sampling. . . . . . . . . . . . . . . . . . . . . . .
Invalidity . . . . . . . . . . . . . . . . . . . . . . . . .
Noncompliance, publication of ......
Permits
Application for. . . . . . . . . . . . . . . . . .
Conditions .. . . . . . . .. . . . . . . . . . . . .
Confidential information. . . . . . . . .
Duration. . .. . .. . . . . . . . . . . . . . . . . .
Generally. . . . . . . . . .. . . . . . . . . . . . .
Modification .. .. .. .. . . .. .. .. . . ..
Required. . . . . . . . . . . . . . . . . . . . . . . .
Revocation..................... .
Suspension order. . . . . . . . . . . . . . . .
Transfer. . . . . . . . . . . . . . . . . . . . . . . .
Policy. . . . . . . .. . . . . . .. . . . . . .. .. . .. .
Pretreatment. See within this sub-
heading. Discharge Require-
ments
3629
Section
41-154
41-155
41-150
41-153
41-159
41-183
41-222
41-209
41-190
41-190.1
41-188
41-189
41-192
41-185
41-186
41-184
41-210
41-191
41-206
41-187
41-194
41-193
41-205
41-204
41-203
41-205
41-219
41-207
41-197
41-199
41-209
41-200
41-196
41-198
41-195
41-212
41-211
41-201
41-182
WATER AND SEWERS (Cont'd.)
Purpose......................... ..
Reports and records
Compliance date report. . . . . . . . . .
Confidential information. . . . . . . . .
Periodic compliance reports, self-
monitoring.................
Public accessibility of records. . . . .
Recordkeeping requirements . . . . .
Reporting and signatory require-
ments . . . . . . . . . . . . . . . . . . . . .
Validity . . . . . . . . . . . . . . . . . . . . . . . . . . .
Violations; penalties
Falsifying information. . . . . . . . . . .
Harmful contributions. . . . . . . . . . .
Legal action. . . . . . .. . . .. .. . .. . . . .
Noncompliance, publication of. . . .
Notice of violations.. ............
Penalties, cost and city losses .. . .
Permit revocation . . . . .. .. . . . . . ..
Show cause hearings .. .. .. .. . .. .
Suspension order. . .. . .. . . . .. . . . .
Inspections, monitoring and sampling
Building sewers ...................
Control manholes. . . . .. . . . . .. . . . .. .
Industrial pretreatment. See within
this subheading that subject
Test procedures............. .......
Invalidity. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Manholes, control . .. . . . . . . . .. . . .. .. ..
Monitoring. See within this subheading:
Violations; Penalties
Oil, grease, draining into sewers, rivers,
ete.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties for violations. See within this
subheading: Violations; Penalties
Permits
Building sewers ...................
Industrial pretreatment. See within
this subheading that subject
NPDES permit violations....... .. ..
Sewer connection permits and fees. .
Work not requiring. . . . . .. .. . . .. .. . .
Pretreatment requirements. See within
this subheading: Discharge Require-
ments
Private wastewater disposal systems. . .
Housing provisions.................
See: HOUSING
Prohibited discharges. See within this
subheading: Discharge Require-
ments
Rates and charges
Generally .. .. .. . .. .. . .. .. .. .. .. . ..
Imposition of charge ...............
Legislative findings. . . . . . . . . . . . . . . .
Payment of charge. . . . . . . . . . .. . . . . .
Reports and records
Industrial pretreatment. See within
this subheading that subject
Supp. No. 13
Section
SALINA CODE
41-181
41-202
41-209
41-203
41-221
41-208
41-220
41-218
41-217
41-210
41-215
41-207
41-213
41-216
41-212
41-214
41-211
41-135
41-161
41-162
41-219
41-161
41-73
41-126
41-153
41-71.1
41-71.2
41-113
18-75 et seq.
41-194
41-75
41-74
41-76
WATER AND SEWERS (Cont'd.)
Requirements. . . . . . . . . . . . . . . . . . . . . . . .
Reuse or reclamation of waste
Discharges which render effluent un-
suitable for. . . . . . . . . . . . . . . . . . .
Sampling. See within this subheading:
Inspections, Monitoring and Sam-
pling
Sewer connections....................
Permits and fees... ....... .........
Validity............................. .
Vandalism . . . . . . . . . . . . . . . . . . . . . . . . . . .
Violations; penalties
Industrial pretreatment. See within
this subheading that subject
Notice of. . . . . . . . . . . . . . . . . . . . . . . . . .
NPDES permit violations...........
Penalties and recovery of city losses.
Vandalism. . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision regulations .................
See: SUBDMSIONS
Systems combined . . . . . . . . . . . . . . . . . . . . . .
Trees and shrubs generally. . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Uniform Plumbing Code. . . . . . . . . . . . . . . . .
See: PLUMBING CODE
Utilities generally.......................
See: UTILITIES
Violations; penalties
Delinquent accounts, penalty for . . . . . .
Discontinuance of service . . . . . . . . . . . . .
Sewers and sewage disposal. See herein
that subject
Violators, discontinuing service . . . . . . . . . .
Water conservation
Air conditioners
Definitions.. . . . .. . . . . . . . .. .. . . . . . .
Types of. . . . . . . . . . . . . . . . . . . . . . . . . . .
Classes of uses established. . . . . . . . . . . .
Declaration of a water watch, water
warning, or water emergency.....
Deflnitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Emergency termination. . . . . . . . . . . . . . .
Emergency water rates . . . . . . . . . . . . . . .
Mandatory conservation measures. . . . .
Purpose .............................
Regulation. . . . . . . . . . . . . . . . . . . . . . . . . . .
Severability. . .. . . . . . . . . . . .. . . . . . . . .. .
Violations, disconnections and penalties
Voluntary conservation measures. . . . . .
Waste prohibited. . . . . . . . . . . . . . . . . . . . .
Other regulations. See herein: Water
Supply and Distribution
Water meters. See herein: Meters, Facili-
ties
Water supply and distribution
Abandoned service lines
Capping or plugging required. . . . . . .
Applications for service. . . . . . . . . . . . . . .
Charges and taps.....................
3630
Section
41-114
41-152
41-71
41-71.1
41-218
41-171
41-172
41-153
41-173
41-171
36-1 et seq.
41-1
39-1 et seq.
8-176 et seq.
31-1 et seq.
41-93
41-6, 41-93
41-6
41-51
41-52
41-61
41-62
41-51, 41-61
41-68
41-65
41-64
41-60
41-66
41-69
41-67
41-63
41-59
41-31
41-21
41-28
e
.
WATER AND SEWERS (Cont'd.)
Charges, other. See herein: Rates and
Charges
Conservation of water. See herein: Wa-
ter Conservation
Consumer furnishing water to others . .
Cross connections
Definitions. . . . . . . . . . . . . . . . . . . . . . . .
Inspection........................ .
Installation of approved devices. . . . .
Prohibited cross connections. . . . . . . .
Protection from contaminants. . . . . . .
Protective backflow preventers re-
quired .......................
Purpose.......... ... ... ..... ......
Qualified technicians. . . . . . . . . . . . . . .
Regulated cross connections . . . . . . . .
Testing, maintenance and repair of
approved devices....... .......
Definitions.......................... .
Deposits
Accounts. . . . . . . . . . . . . . . . . . . . . . . . . .
Application to payment of bills. . . . . .
Basis of deposits. . . . . . . . . . . . . . . . . . .
Interest on deposits. . .. . . . . . . . . . .. .
Refund of deposits and interest. . . . .
Security deposits ....... .. . .. . .. .. .
Unclaimed deposits. . . . . . . . . . . . . . . .
Dirt, rubbish, etc.
Prohibited in meter or service box. . .
Fluoridizing water supply system autho-
rized .. . .. .. . .. .. .. .. . .. .. .. . .. .
Frost protection. . . . . . . . . . . . . . . . . . . . . .
Hot water or steam
Damage to meter ..................
Improper thawing of ice
Damaging meters..................
Interruptedservice...................
Leaks, prevention, protection..........
Liability
City not liable for interrupted service
Meters
Accessibility .. . . . . . . . . . . . . . . .. .. . . .
Consumer responsible for damage to
Department to furnish, install . . . . . .
Dirt, rubbish in meter box or service
box ......... ... ........ ... ...
Hot water steam, etc. damaging . . . .
Improper thawing, damaging meter.
Installations.... .. ....... .. . ... . ...
Other requirements for meters. See
elsewhere herein: Meters, Facil-
ities
Required. .. . . .. . . . . . . . . . .. . . . . . . ..
Separate meter for each consumer ..
Obstructing. . . . . . . . . . . . . . . . . . . . . . . . . .
Payment of bills
Application of deposits to. . . . . . . . . . .
Plumbing, etc.
Maintenance ... . . . . . . . . . . . . . . . . . . .
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Supp. No. 13
Section
CODE INDEX
41-40
41-70.1
41-70.8
41-70.5
41-70.2
41-70.9
41-70.4
41-70
41-70.7
41-70.3
41-70.6
41-20
41-23
41-25
41-25
41-24
41-26
41-22
41-27
41-36
41-42
41-29
41-39
41-39
41-30
41-29
41-30
41-37
41-38
41-33
41-36
41-39
41-39
41-34
41-32
41-40
41-37
41-25
41-29
WATER AND SEWERS (Cont'd.)
Rates and charges. See herein that sub-
ject
Repairs
Right to cut off water, etc. . . . . . . . . . .
Taps and charges. . . . . . . . . . . . . . . . . . . . .
Unlawful use of water ......... .. .. ., .
Wasting water . . . . . . . . . . . . . . . . . . . . . . .
Water conservation. See herein that sub-
ject
Water system property; fire hydrants
Damaging, tampering with. . . . . . . . . . . .
Zoning approval. . .. .. . . . . . . . .. .. . . . . .. .
Zoning generally........................
See: ZONING
WATERWAYS. See: BOATS, DOCKS AND
WATERWAYS
WEAPONS. See: FIREARMS AND WEAP-
ONS
WEEDS AND BRUSH
Trees and shrubs .. . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
WELLS
Demolition, removal or relocation of build-
ings.............................. .
See: BUILDING CODE
Oil and gas drilling, etc.. .. .. .. .. .. . .. .. .
See: OIL AND GAS
WILD ANIMALS. See: ANIMALS AND FOWL
WIND STORMS. See: CIVIL EMERGEN-
CIES AND DISASTERS
WINE. See: ALCOHOLIC BEVERAGES
WIRES. See: POLES AND WIRES
WRECKED VEHICLES
Inoperablevehicles .....................
See: TRAFFIC
WRECKING YARDS
Junkyards, etc. . . . . . . . . . . . . . . . . . . . . . . . . .
See: JUNK AND JUNK DEALERS
WRITING, WRITTEN
Terms construed. . . . . . . . . . . . . . . . . . . . . . . .
WRITS, WARRANTS AND OTHER PRO-
CESSES
Building codes advisory and appeals board
Equal opportunity, affirmative action
Complaints; subpoenas .. . . . . . . . . . . . . .
Housing advisory and appeals board
Subpoenas, etc.. . . . . . . . . . . . . . . . . . . . . . .
Nuisance abatement procedures .........
See: NUISANCES
Obstructing legal process or official duty. .
Simulating legal process. . . . . . . . . . . . . . . . .
3631
Section
41-30
41-28
41-41
41-29
25-61
42-62
42-1 et seq.
39-1 et seq.
8-351 et seq.
26-1 et seq.
38-81 et seq.
33-36 et seq.
1-2(25)
18-46(c)
13-89
18-46
24-5 et seq.
25-112
25-116
SALINA CODE
Section
Section
WRITS, WARRANTS AND OTHER PRO-
CESSES (Cont'd.)
Unlawful acts of merchant or private po-
licemen . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-25
y
YARDS AND OPEN SPACES
Animal yard structures, pens, etc.
Location of yard housing.. . . .. . . . . .. ..
Proper maintenance. .. . .. . . . . .. . . . .. .
Drainage of. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Zoning requirements; yards. . . . . . . . . . . . . .
See: ZONING
7-33
7-58
18-79
42-76 et seq.
Supp. No. 13
3632
e
z
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ZONING
A-I Agricultural District
Agricultural uses, defmed. . . . . . . . . . . . .
Animal limitations ... . . . . . .. . . . . .. . . .
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses ... . . . . . . . . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Abbreviations. . . . . . . . . . . . . . . . . . . . . . . . . . .
Accessory, defUled. ............... .......
Actuarial premium rates, defined . . . . . . . .
Administrative provisions . . . . . . . . . . . . . . .
Fees................................ .
Other provisions reo See herein specific
subjects
Violations and penalties ... . . . . . . . . . . .
Administrative variances
Appeals to board of zoning appeals ....
Application procedure ........... . . . . .
Authorization. . . . . . . . . . . . . . . . . . . . . . . .
Adult-oriented businesses
Defined............................. .
Locations. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Advertising signs, defined . . . . . . . . . . . . . . .
Agencies, applicable definitions. . . . . . . . . .
Agricultural uses, defined . . . . . . . . . . . . . . .
Airport, defined. . . . . . . . . . . . . . . . . . . . . . . . .
Airport zoning district
Aircraft use zone. . . . . . . . . . . . . . . . . . . . .
Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of adjustment. . . . . . . . . . . . . . . . . .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement. . . . . . . . . . . . . . . . . . . . . . . . .
Height limitations. . . . . . . . . . . . . . . . . . . .
Nonconforming uses. . . . . . . . . . . . . . . . . .
Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Short title . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use restrictions. . . . . . . . . . . . . . . . . . . . . .
Alcoholic beverages re. .. . . .. . . . . . . .. . . . .
See: ALCOHOLIC BEVERAGES
Alley, defined. . . . . . . . . . . . . . . . . . . . . . . . . . .
Alteration, defmed . . . . . . . . . . . . . . . . . . . . . .
Amendments
Adoption. ....... ... .... ... ...........
Applications
Form of. . . . . . . . . . . . . . . . . . . . . . . . . . .
Public hearings. . . . . . . . . . . . . . . . . . . .
Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board of commissioners, action by . . . . .
Construction, etc. See herein: Provisions
Fees................................ .
Initiation of. . .. . ... . .. .... . . .. . . . . ...
Planning commission, report and recom-
mendation of. . . . . . . . . . . . . . . . . . . .
Protests. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public hearings ........ . . . . . . . . . . . . . .
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Supp. No. 16
Section
CODE INDEX
42-619
7-32
42-115
42-113
42-111
42-114
42-112
42-43
42-617
42-618.1
42-596 et seq.
42-598
42-599
42-597.l(c)
42-597.1(b)
42-597.1(a)
42-617.1
42-67
42-618
42-616
42-619
42-620
42-817
42-824
42-823
42-816
42-822
42-818
42-820
42-821
42-815
42-819
5-16 et seq.
42-621
42-622
42-26(a)
42-23
42-24
42-21
42-26
42-598
42-22
42-25
42-26(b)
42-24
ZONING (Cont'd.)
Animal hospital, defined ................
Animals and fowl. See also that subject
Zoning defUlitions reo See herein specific
subjects
Annexed land. . . . . . . . . . . . . . . . . . . . . . . . . . .
Planning application fees. . . . . . . . . . . . .
Apartment, defUled . . . . . . . . . . . . . . . . . . . . .
Apparel stores, defined. . . . . . . . . . . . . . . . . .
Appeal, defUled . . . .. .. . . . .. . . . .. . . . .. . . .
Appeals board. See herein: Board of Zoning
Appeals
Appliance repairs, defUled . . . . . . . . . . . . . . .
Applicant, defined ......................
Application
Limitations on reapplication ..........
Territorial application ............ . . . .
Area, defined. . . . . . . . . . . . . . . . . . . . . . . . . . .
Area of shallow flooding, defined. . . . . . . . .
Area of special flood hazard, defined .....
Associations, applicable definitions. . . . . . .
Automobile repair, defmed. . . . . . . . . . . . . . .
Automobile sales, defined. . . . . . . . . . . . . . . .
Automobile service and accessory stores
Defined. .. .... .. .. .. .. .. . . . . . . . .. .. ..
Awning, defined ........................
Awning sign, defined. . . . . . . . . . . . . . . . . . . .
Banks, defined. . . . . . . . . . . . . . . . . . . . . . . . . .
Base flood, defined. . . . . . . . . . . . . . . . . . . . . .
Beverage distributors, defined. . . . . . . . . . .
Billboards. See herein: Signs
Blocks, defined .. . . . . . . . . . . . . . . . . . . . . . . .
Board of zoning appeals
Administrative variances; appeals to. . .
Authorization. . . . . . . . . . . . . . . . . . . . . . . .
Commencement of proceedings before. .
Dissatisfaction with determination of . .
Membership .. . . . . . . . . . . . . . . . . . . . . . . .
Powers and duties. ...................
Building, principal; defined. . . . . . . . . . . . . .
Buildings
Defined. .. .. .. . . . . .. .. . .. . . .. . .. . .. ..
Generally. See: BUILDING CODE
Heritage conservation district
Demolition of hazardous structures;
exceptions of certificate of appro-
priateness for. .. .. .. .. . ... .. ..
Nonconforming uses, bulk and signs.
See herein that subject
Bulk, nonconforming; defined. . . . . . . . . . . .
Bulk regulations
Basic requirements. . . . . . . . . . . . . . . . . . .
Defined. .. . .. . . .... . . .. .. . .. . . .. . . ...
District requirements. See herein spe-
cific districts
Intersection visibility obstructions. . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Nonconforming uses, bulk and signs.
See herein that subject
3633
Section
42-623
42-7
29-1(a)
42-624
42-625
42-625.1
42-627
42-628
42-27
42-3
42-629
42-629.1
42-629.2
42-616
42-630.1
42-631
42-630
42-632
42-633
42-634
42-634.1
42-635
42-636
42-597.l(c)
42-597(a)
42-597(d)
42-597<0
42-597(b)
42-597(c)
42-638
42-616(b)(5),
42-637
42-469.6
42-639
42-76
42-640
42-81
42-80
ZONING (Cont'd.)
Obstructions
Intersection visibility obstructions . .
Permitted obstructions and required
yards. . . . . . . . . . . . . . . . . . . . . . . .
Public utility facilities . . . . . . . . . . . . . . . .
Yard requirements for open land ......
Restrictions on allocations and dispo-
sition . . . . . . . . . . . . . . . . . . . . . . . .
Bulletin board sign, defined . . . . . . . . . . . . .
Business and professional office, defined. .
Business improvement district
Use of air space above alleyways with .
C-1 Restricted Business District
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses . . . . . . . . . . . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inoperable vehicles, screening. . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations. . . . . . . . . . . . . . . . . . . . . . .
C-2 Neighborhood Shopping District
Bulk regulations .. . . . . . . . . . . . . . . . . . . .
Conditional uses ............. . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations. . . . . . . . . . . . . . . . . . . . . . .
C-2 Shopping Center District
Bulk regulations . . . _ . . . . . . . . . . . . . . . . .
Conditional uses .......... . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . _ . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations. . . . _ . . . . . . . . . . . . . . . . . .
C-4 Central Business District
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses .. . . . . . . . . . . . . . . . . . _ .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . _
Public sidewalk use .... . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations. . . . . . . . . . . . . . . . . . . . . . .
C-5 Service Commercial District
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses . . . . . . . . . . . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations... ... . . . . . . . . . . . . . . . . .
C-6 Heavy Commercial District
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses ..... . . . . . . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Supp. No. 16
Section
SALINA CODE
42-81
42-79
42-80
42-77
42-78
42-641
42-642
35-40.1
42-255
42-253
42-251
38-85
42-254
42-252
42-256
42-270
42-268
42-266
42-269
42-267
42-271
42-285
42-283
42-281
42-284
42-282
42-286
42-305
42-303
42-301
42-304
42-302
35-40.2
42-306
42-320
42-318
42-316
42-319
42-317
42-321
42-335
42-333
42-331
42-334
ZONING (Cont'd.)
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations. . . . . . . . . . . . . . . . . . . . . . .
C-7 Highway Commercial District
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses ...... . . . . . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations. . . . . . . . . . . . . . . . . . . . . . .
Campground, defined ... . . . . . . . . . . . . . . . .
Camping trailer, defined. . . . . . . . . . . . . . . . .
Canopy, defined.........................
Canopy sign, defined. . . . . . . . . . . . . . . . . . . .
Capacity in persons, defined. . . . . . . . . . . . .
Car wash, defined ..................... .
Certain provisions saved from repeal. . . . .
Certificates
Administrative provisions. . . . . . . . . . . . .
Certificate of occupancy, generally. . . . .
Fees.. _........................... _..
Heritage conservation district. See herein
that subject
Certificate of appropriateness. . . . . . .42-469.4 et seq.
Sign permits .. . .. . .. . . .. . . . . .. . . .. . . . 42-502
See herein: Signs
Change in use. . . . . . . . . . . . . . . . . . . . . . . . . .
Changes
Amendments. . . . . . . . . . . . . . . . . . . . . . . . . 42-21 et seq.
See herein: Amendments
Changes. See herein: Amendments
City, defined.... . .. . . . .... . .. ... . . . . . . . . 42-616(b)(6)
City planning commission. . . . . . . . . . . . . . . 29-16 et seq.
See: PLANNING
Classifications. . . . . . . . . . . . . . . . . . . . . . . . . .
Commercial district, defined. . . . . . . . . . . . .
Common open space
Defmed......................... _....
Completely enclosed building
Defmed. . . . . . . . . . . . . . . . . . . . . . . . _ . . . . .
Conditional use permits. . . . . . . . . . . . . . . . .
Appeal to city commission. . . . . . . . . . . . .
Application .. . . . . . . . . . . . . . . . . . . . . . . . .
Applications to board of zoning appeals
Authorization. . . . . . . . . . . . . . . . . . . . . . . .
Flood plain district. .. . . . . . .. . . . . .. . . .
See herein: Flood Plain Zoning Dis-
trict
Hearing on ... _ _ _ . . . . . . . . . . . . . . . . . . . .
Period of validity. .. .. . . . . .. . . . . . . . .. .
Planning and zoning application re-
quest. . . . . . . . . . . . . . . . . . . . . . . . . . .
Protest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conditional uses
District requirements. See herein spe-
cific districts
Status of conditional uses when noncon-
forming... . .. . .. .. .. .. .. . . . . . .. .
3634
Section
42-332
42-336
42-341
42-339
42-337
42-340
42-338
42-342
42-643
42-644
42-645
42-646
42-647
42-648
1-5
42.596 et seq.
42-5
42-598
42-6
42-43
42-649
42-650
42-651
42-598
42-597.2(d)
42-597.2(b)
42-597
42-597.2(a)
42-434 et seq.
42-597.2(c)
42-597.2(0
29-1
42-597.2(e)
42-580
e
.
ZONING (Cont'd.)
Conservation
Heritage conservation district. . . . . . . . .
See herein: Heritage Conservation Dis-
trict
Construction sign, defined. . . . . . . . . . . . . . .
Convalescent home, defined .............
Comerlot, defined. . . . . . .. .. . . . .. .. . .. . .
Comers. See herein: Intersections
Corporations
Applicable definitions.. . ... . . .... .. ...
Critical drainage areas. .. . . . . .. . . . . . .. . .
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day care home, defined .............. . . .
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See herein specific subjects
Density, defined .. . . . . . . . . . . . . . . . . . . . . . .
Dental clinic, defined. . .. . .. .. .. . . .. .. .. .
Design requirements. See herein specific
districts
Developer, defined. .. . . . . . . .. . . . . . . . . . . .
Development, defined . . . . . . .. . . . . . . . . . . .
Developments
Planned development districts. . . . . . . . .
See herein: Planned Development Dis-
tricts
e
Districts
Boundaries
District boundaries on zoning map. .
Business improvement district. See
herein that subject
Classifications .......................
Establishment of. . . . . . . . . . . . . . . . . . . . .
Flood plain district .. . . .. .. .. . . . . . . . . .
See herein: Flood Plain Zoning Dis-
trict
General bulk regulations. . . . . . . . . . . . . .
Heritage conservation district. . . . . . . . .
See herein: Heritage Conservation Dis-
trict
Listing, designations .................
Maps. See herein: Zoning Map
Planned development districts. . . . . . . . .
See herein: Planned Development Dis-
tricts
Sign regulations. See herein: Signs
Specific requirements. See herein spe-
cific districts
Dog kennel, defined.....................
Drainage
Critical drainage areas ...............
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . .
Flood plain district . . . . .. . . . .. . .. . . . ..
See herein: Flood Plain Zoning Dis-
trict
Drive-in establishment, defined. . . . . . . . . .
Drive-up window, defined................
Dry cleaning plant, defined. . . . . . . . . . . . . .
Dry cleaning (self-service), defined . . . . . . .
Dwelling, attached; defined. . . . . . . . . . . . . .
.
e
Supp. No. 13
Section
CODE INDEX
42-456 et seq.
42-652
42-727
42-653
42-616
42-66
42-653.1
42-654
42-61 et seq.
42-655
42-713.1
42-656
42-656.1
42-401 et seq.
42-42
42-43
42-40
42-426 et seq.
42-76 et seq.
42-456 et seq.
42-40
42-401 et seq.
42-657
42-66
42-653.1
42-426 et seq.
42-658
42-658.1
42-660
42-659
42-662
ZONING (Cont'd,)
Dwelling, defined. . . . . . . . . . . . . . . . . . . . . . .
Dwelling, detached; defined. . . . . . . . . . . . . .
Dwelling, multiple-family; defined. . . . . . . .
Dwelling, single-family; defined. . . . . . . . . .
Dwelling, two-family; defined. . . . . . . . . . . .
Dwelling unit, defined. . . . . . . . . . . . . . . . . . .
Easement, defined......................
Easements. . . .. . . . . . . .. . . . . . .. . . . . . . .. .
Enforcement officer. . . . . .. . . . .. . . . . . .. ..
Exceptions
Planning and zoning application re-
quests, ete.. . . . . . . . . . . . . . . . . . . . . .
Existing construction, defined. . . . . . . . . . . .
Existing structures, defined .............
Family care facility, defined . . . . . . . . . . . . .
Family, defined .. ... .. .. .. .. . .. . . .. .. .. .
Fees ......... ........... ....... .... ....
Fence, defined. . . . . . . . . . . . . . . . . . . . . . . . . .
Fences, walls, hedges, ete. . . . . . . . . . . . . . . .
See: FENCES, WALLS, HEDGES AND
ENCLOSURES
Final plat, defined .. .. .. .. .. .. .. . .. . .. ..
Financial institutions, defined . . . . . . . . . . .
Flexible zoning, defined .. .. .. . .. . .. . .. ..
Flood, flooding; defined. . . . . . . . . . . . . . . . . .
Flood fringes, defined .. . .. .. .. .. .. .. .. ..
Flood insurance rate map, defined ..... . .
Flood insurance study, defined. . . . . . . . . . .
Flood plain, defined.. .. .. . . . .. .. .. .. .. ..
Flood plain zoning district
Amendments. . . . . . . . . . . . . . . . . . . . . . . . .
Appeal ..............................
Boundaries
Rules for interpretation of district
boundaries .. . . . . . . . .. . . . . . .. .
Compliance. . . . . . . . . . . . . . . . . . . . . . . . . .
Development permit
Administration of provisions. . . . . . . .
Application for.... ..... .. .. .. .... ..
Required. . . . . . . . . . . .. . . . . . . .. . . . . .
Districts
Establishment of zoning districts. . . .
Floodway fringe overlay district
Permitted uses..................
Standards .... .. .. .. . .. .. . .. .. ..
Floodway overlay district
Permitted uses..................
Floodwayoverlay district and floodway
fringe overlay district, standards
for
Development standards. . . . . . . . . .
Permit, requirement for. . . . . . . . . .
Special provisions for unnumbered
A zones. .. . . . . . .. . . . . . . . . . .
Findings offact .. .. .. .. .. . .. . .. . . .. ..
Lands to which provisions apply. . . . . . .
Liability
Warning and disclaimer of liability. .
Purpose .............................
3635
Section
42-661
42-663
42-664
42-665
42-666
42-667
42-668
42-63
42-596
29-1
42-668.1
42-668.3
42-670
42-669
42-598
42-671
8-401 et seq.
42-672
42-634
42-673
42-673.1
42-674
42-674.1
42-674.2
42-675
42-449
42-433
42-430
42-431
42-435
42-436
42-434
42-437
42-441
42-442
42-443
42-440
42-438
42-439
42-427
42-429
42-432
42-428
ZONING (Cont'd.)
Statutory authorization. . . . . . . . . . . . . . .
Variances
Conditions for approval ............
Determination of minimum standards
Findings required..................
Insurance
Notification of increased insurance
rates . . . . . . . . . . . . . . . . . . . . . .
Violations, penalties. . . .. . . .. . .. . . . . . .
Warning and disclaimer of liability . . . .
Floodvvay, defUJed.......................
Floodvvay fringe, defined . .. .. . .. .. .. .. ..
Floor area, defmed......................
Floor, lovvest; defUJed. . . . . . . . . . . . . . . . . . . .
Food stores, defUJed.. . . . . . . . . .. . . . .. .. ..
Fraternal and/or service clubs, defUJed . . .
Freeboard, defmed .. . . . . . . .. . .. . . . .. . . . .
Front lot line, defUJed. .. .. .. . .. .. . .. .. ..
Front yard, defUJed . . . . . . . .. . . . . . . . . .. ..
Frontage, defUJed . . . . . . . . . . . . . . . . . . . . . . .
Garage, defUJed... ..... .. ........... ."...
Garage sale, defmed . . . .. . . . . . . . . . . . .. ..
Garden stores, defUJed . . . . . . . . . . . .. . .. ..
Gasoline service station, defUJed . . . . . . . . .
General use regulations .. . .. .. . . . . . . . . . .
See herein: Uses
Governing bodies
Applicable defUJitions. . . . . . . . . . . . . . . . .
Ground sign, defUJed....................
Group care facility, defUJed . . . . . . . . . . . . . .
Group day care center, defUJed. . . . . . . . . . .
Group rehabilitation facility, defUJed . . . . .
Health regulations
General bulk regulations. . . . . . . . . . . . . .
District requirements. See herein spe-
cific subjects
Hearings
Board of zoning appeals. . . . . . . . . . . . . . .
Hedges
Fences, vvalls,hedges, etc. ............
See: FENCES, WALLS, HEDGES
AND ENCLOSURES
Height, maximum; defined ... . . . . . . . . . . .
Heritage commission. See also herein: Her-
itage Conservation District
Compensation. . . . . . . . . . . . . . . . . . . . . . . .
Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial support . .. . . . . . . .. . . . . . . . . .
Membership . . . . . . . . . . . . . . . . . . . . . . . . .
Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Officers................... ...........
Purposes. . . .. . .. .. . . .. . . . . .. . . . . . . . ..
Quorum. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Terms of office .. .. .. .. .. .. . .. . .. .. . ..
Vacancies. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Voting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supp. No. 13
Section
SALINA CODE
42-426
42-444
42-446
42-445
42-447
42-448
42-432
42-676
42-676.1
42-677
42-712.1
42-678
42-679
42-679.1
42-680
42-681
42-682
42-683
42-684
42-685
42-686
42-56 et seq.
42-616
42-687
42-688
42-689
42-689.1
42-76 et seq.
42-597
8-401 et seq.
42-690
42-474
42-471
42-474
42-478
42-472
42-477
42-475
42-471
42-477
42-473
42-476
42-477
ZONING (Cont'd.)
Heritage conservation district
Certificate of appropriateness . . . . . . . . .
Application requirements for certifi-
cate of appropriateness in con-
servation districts. . . . . . . . . . . . .
Exceptions of certificate of appropri-
ateness for demolition of hazard-
ous structures. . . . . . . . . . . . .. ..
Standards for certificate of appropri-
ateness ......................
Certificate of economic hardship. . . . . . .
Criteria for designation. . . . . . . . . . . . . . .
DefUJitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Designation or recision .. . .. . . . . . . . . . .
Exceptions.......................... .
Heritage commission. See also herein
that subject
Appeals from decisions of. . . . . . . . . . .
Povvers and duties vvithin conserva-
tion districts. . . . . . . . . . . . . . . . . .
Heritage conservation survey..........
Minimum maintenance requirement. . .
Nomination oflandmarks in historic dis-
tricts . .. . . . . . . . . . . . . . . . . . . .. .. . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Public agencies, property ovvned by . . . .
Public hearing and designation. . . . . . . .
Purpose .............................
Salina Register of Historic Places. . . . . .
Highest adjacent grade, defUJed..........
Hobby breeder, defUJed .. . . . . . .. . . .. .. . . .
Home occupations regulated. . . . . . . . . . . . .
DefUJed............................. .
Hotel, defUJed . . . . . . . . . . . . . . . . . . . . . . . . . .
I-I Industrial Park District
Bulk regulations. . . . . . . . . . . . . . . . . . . . .
Conditional uses. . . .. . .. . . . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses.......................
Signs. See herein that subject
Use limitations.... ..... ..............
1-2 Light Industrial District
Bulk regulations .. . .. . .. . .. .. .. .. . . ..
Conditional uses. . .. . .. . . . .. . . . . . . . . .
Design.. .. . . . . . . . . .. . . . . . . .. . .. . . . . ..
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Use limitations. . . . . . . . . . . . . . . . . . . . . . .
1-3 Heavy Industrial District
Bulk regulations. . . . . .. . . . .. . .. . .. . . .
Conditional uses .....................
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
3636
Section
42-464,
42-469.4
42-469.7
42-469.6
42-469.5
42-465
42-462
42-458,
42-469.1
42-469.3
42-467
42-469.8
42-469.2
42-459
42-468
42-461
42-457
42-466
42-463
42-456, 42-469
42-460
42-690.1
42-691
42-60
42-692
42-693
42-350
42-348
42-346
42-349
42-347
42-351
42-365
42-363
42-361
42-364
42-362
42-366
42-385
42-383
42-381
42-384
42-382
e
.
ZONING (Cont'd.)
Use limitations. . . . . . . . . . . . . . . . . . . . . . .
Identification sign, defined .. . . . . . . . . . . . .
Industrial district, dermed. . . . . . . . . . . . . . .
Intent and purpose .....................
Intersections, obstructing visibility. . . . . . .
Inundated areas
Flood plain district. . . . . . . . . . . . . . . . . . .
See herein: Flood Plain Zoning Dis-
trict
Junkyard, defined ......................
L-2 Light Industrial District
Owning of animals, limitations on num-
ber............................ .
L-3 Heavy Industrial District
Owning of animals, limitations on num-
ber. . . . .. . . . . . . . . . .. . . . . . . . . . . ..
Landscaping
Applicability .. .. . . . . . . . . . . . . . . . . . . . . .
Completion or assurances for installa-
tion .. .. .. . .. .. .. . .. .. .. .. . .. . ..
Defined............................. .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement. .. . . . . . . . . . . . . . . . . . . . . . .
Exceptions and modifications. . . . . . . . . .
Intent and purpose .. .. . .. . . . .. .. . . .. .
Maintenance........................ .
Other landscape standards. . . .. . .. . . . .
Parking lot screening.................
Plans required . . . . . . . . . . . . . . . . . . . . . . .
~uired btdfers.. ...... ...... .......
Required landscaping for front yards ..
Laundry, defined. . . . . . . . . . . . . . . . . . . . . . . .
Laundry (self-service) defined. .... .... ...
Liability disclaimer
Flood plain zoning district . . . . . . . . . . . .
Loading. See herein: Off-Street Loading
Lodging house, defined. . . .. . . . . . . . . .. . ..
Lot area, defined. . . . . . . . . . . . . . . . . . . . . . . .
Lot, comer; defined. . . . . . . . . . . . . . . . . . . . .
Lot coverage, defined. . . . . . . . . . . . . . . . . . . .
Lot depth, defined ........ . .. .. .. . .. . .. .
Lot line, defined . . . . . . . . . . . . . . . . . . . . . . . .
Lotline, front; defined ..... .. .. .. .. .. .. .
Lot line, rear; defined . .. .. .. . .. .. .. . . .. .
Lot line, side; defined . .. .. .. . .. . .. . .. . ..
Lot ofrecord, defined ...................
Lot size requirements
Comer lots in residential districts. . . . .
Defined........................... ...
District requirements. See herein spe-
cific districts
Public utility facilities
Lot size requirements and bulk regu-
lations. . . . . . . . . . . . . . . . . . . . . . .
Lot width, defined .. . .. .. .. .. .. .. .. .. . ..
Lot, zoning; defined. . . . .. . . .. . . . . . .. . . . .
Manufactured home, defined. . . . . . . . . . . . .
Manufactured home park, defined. . . . . . . .
Marquee sign, defined...................
e
.
e
Supp. No. 13
Section
CODE INDEX
42-386
42-694
42-695
42-2
42-81
42-426 et seq.
42-696
7-32
7-32
42-65(2)
42-65(11)
42-697
42-65(3)
42-65(12)
42-65(10)
42-65(1)
42-65(9)
42-65(8)
42-65(7)
42-65(4)
42-65(6)
42-65(5)
42-698
42-699
42-428
42-700
42-701
42-702
42-703
42-704
42-705
42-706
42-707
42-708
42-709
42-82
42-710
42-80
42-711
42-712
42-712.~
42-712.4
42-713
ZONING (Cont'd.)
May, construed .........................
Medical clinic, defined. . . . . . . . . . . . . . . . . . .
MH Manufactured Home Park District
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MH-P Manufactured Home Parks
Bulk regulations. . . . . . . . . . . . . . . . . . .
Conditional uses. .. . . . . . . . . . . .. .. ..
Development standards .. . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . .
Park plan. . . . . . . . . . . . . . . . . . . . . . . . .
Review........................ .
Permitted uses. . . . . . . . . .. . . . . . . . . .
MH-S Manufactured Home Subdivi-
sions
Bulk regulations. . . . . . . .. . . . . . . . . ..
Conditional uses...................
Development standards . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . .
Permitted uses . . . .. . . . . . .. . . . . . . . .
Recreational campground plan . . . . . . . .
Special provisions .. .. . .. .. . .. . .. . .. ..
Unused manufactured home park . . . . .
MH-P Manufactured Home Parks. See
herein: MH Manufactured Home Park
District
MH-S Manufactured Home Subdivisions.
See herein: MH Manufactured Home
Park District
Mini-warehouse, defined ................
Mobile home, defined ...................
Mobile homes and trailers .. . . . . . . . .. . .. .
See: MOBILE HOMES AND TRAILERS
Mobile sign, defined. . . . . . . . . . . . . . . . . . . . .
Modular home. . . . . . . . . . . . . . . . . . . . . . . . . .
Motor freight terminal, defined . . . . . . . . . .
Motor home, defined . . . .. . .. . . . . .. . . . . ..
Nameplate sign, defined. . . . . . . . . . . . . . . . .
New construction . . . . . . . . . . . . . . . . . . . . . . .
Nonconforming lot of record
Defined............................. .
Nonconforming structure, defined........
Nonconforming use, defined.............
Nonconforming uses, bulk and signs
Airport zoning district. . . . . . .. . . .. . . . .
Applicability. . . . . . . . . . . . . . . . . . . . . . . . .
Conditional uses, status of. . . . . . . . . . . .
Flood plain nonconformities . . . . . . . . . . .
Nonconforming lots of record ..........
Nonconforming signs. . . . . . . . . . . . . . . . .
Nonconforming structures. . . . . . . . . . . . .
Nonconforming uses. . . . . . . . . . . . . . . . . .
Nonconformity, defined..................
North central regional planning commis-
sion......... ......................
See: PLANNING
Nursing home, defined. . . . . . . . . . . . . . . . . .
Obstructing intersection visibility. . . . . . . .
Occupancy certificates
Administrative provisions. . . . . . . . . . . . .
3637
Section
42-616(bX2)
42-713.1
42-216
42-225
42-223
42-226
42-224
42-227
42-228
42-222
42-220
42-218
42-221
42-219
42-217
42-229
42-230
42-231
42-714
42-712.5
22-1 et seq.
42-719
42-19.1
42-720
42-721
42-722
42-6
42-723
42-724
42-725
42-820
42-576
42-580
42-437
42-577
42-581
42-578
42-579
42-726
29-36 et seq.
42-727
42-81
42-596 et seq.
ZONING (Cont'd.)
Occupancy permit, defined. . . . . . . . . . . . . . .
Occupied or used, defined ...............
Office, defined. . . . . . . . . . . . . . . . . . . . . . . . . .
Official map. See herein: Zoning Map
Off-premise sign, defined. . . . . . . . . . . . . . . .
Off-street loading
Applicability. . . . . . . . . . . . . . . . . . . . . . . . .
Berth requirements. .. . . .. . . .. . . . . . . ..
Standards for. . . .. . . . . .. . . .. . . . .. . . ..
Off-street parking
Applicability.. . . .. .. . .. .. . .. .. .. . .. ..
General provisions ...................
Space requirements ..................
Oil and gas drilling, etc.. . .. .. . .. .. .. .. ..
See: OIL AND GAS
Open land, yard requirements . . . . . . . . . . .
Outdoor advertising signs. See herein: Signs
Outdoor amplified sound . .. . . .. . .. . .. .. .
Outdoor storage, defined . . . . . . . . . . .. . . . .
Package liquor store, defined . . . . . . . . . . . .
Parking
Off-street parking. . . . . .. . . .. . . . . . . . . .
See herein: Off-Street Parking
Parking garage, defined .. .. .. . .. .. .. .. ..
Parking lot, defined .. . .. .. . .. . .. .. .. .. ..
Parking space, defined. . . . . . . . . . . . . . . . . .
Partnerships, applicable definitions . . . . . .
Penalties. See herein: Violations and Pen-
alties
Permits
Administrative provisions. . . . . . . . . . . . .
Airport zoning district. . .. . . .. . . .. . . . .
Existing permits . .. . .. .. . .. .. .. .. .. ..
Fees... ..............................
Sign permits. .. . . . .. . . . . . . . . . . .. . . . . .
Permitted uses. See herein specific dis-
tricts
Person construed. . . . . . . . . . . . . . . . . . . . . . .
Petitions, feeS .. . . . . . . . . . . . . . . . . . . . . . . . .
Pharmacies, defined.. . .. . . . . . . . . . . . . .. . .
Planned development districts
Amendments.........................
Establishments; securing approval. . . . .
Final development plan
Application for approval. . . . . . . . . . . .
Recording. . . .. . .. . . . . . . . .. . . . . . . . .
General provisions ...................
Preliminary development plan
Procedure for securing approval. . . . .
Status after approval ..............
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recording. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Standards and criteria for planned de-
velopments .. . . . . . . . . . . . . . . . . . . .
Planning commission
Defined............................. .
Generally........................... .
See: PLANNING
Report and recommendation of. . . . . . . .
Supp. No. 13
Section
SALINA CODE
42-728
42-729
42-729
42-730
42-561
42-563
42-562
42-551
42-552
42-553
26-1 et seq.
42-77
42-68
42-728
42-732
42-551 et seq.
42-733
42-734
42-735
42-616
42-596 et seq.
42-821
42-4
42-598
42-502
42-616(bX3)
42-598
42-736
42-407
42-404
42-406
42-408
42-402
42-404
42-405
42-401
42-408
42-403
42-737
29-1 et seq.
42-25
ZONING (Cont'd.)
Pole sign, defined. . . . . . . . . . . . . . . . . . . . . . .
Preliminary plat, defined. . . . . . . . . . . . . . . .
Principal structure, defined............. .
Principal use, defined. . . . . . . . . . . . . . . . . . .
Private club, defined .. .. . .. . .. .. .. .. .. ..
Projecting sign, defined .................
Provisions
Amendments. . . . . . . . . . . . . . . . . . . . . . . . .
See herein: Amendments
Conflicts............................ .
Defmitions for interpretation. . . . . . . . . .
See herein specific subjects
Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation........................
Private provisions, conflicts . . . . . . . . . . .
Public provisions, conflicts . . . . . . . . . . . .
Purpose .............................
Reservation and repeals . . . . . . . . . . . . . .
Savings provision ....................
Separability. . . . . . . . . . . . . . . . . . . . . . . . . .
Territorial application .. .. .. . .. . .. .. . .
Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public open space, defined...............
Public sewer and water system
Defined............................. .
Public utility facilities
Lot size, bulk. regulations . . . . . . . . . . . . .
R Single-Family Residential District
Bulk regulations .. . .. .. . .. .. .. .. . .. . .
Conditional uses .. . .. . . . .. . . . .. . . .. . .
Design. . . .. . .. .. . . . . . .. .. . . . . . . . . . . . .
Lot size requirements. . . . . . .. . . . . . .. . .
Permitted uses.. . . .. . . . . . . . . . . .. . .. . .
Signs. See herein that subject
R-1 Single-Family Residential District
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses . .. . . . . .. . . . . .. . . . . ..
Design. . . . . . .. . . . . . . . . .. . . . . . . .. . . . . .
Lot size requirements. .. .. . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
R-2 Single-Family Residential District
Bulk regulations . . . . . .. . . . . . . . . . .. . . .
Conditional uses .......... .. .. .. .. .. .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . .. . . . . . . . . . . . . .
Permitted uses.......................
Signs. See herein that subject
R-2.5 Multiple-Family Residential District
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses ...... . . . . . . . . . . . . . . .
Design. . . . .. . .. . . .. . . .. . . . . . . . . .. . . ..
Lot size requirements. .. .. . . . . .. . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
R-3 Multiple-Family Residential District
Bulk regulations. . . . . . . . . .. . . . . . . . . . .
Conditional uses ...... . . . . . . . .. . . . . ..
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3638
Section
42-738
42-739
42-740
42-741
42-742
42-743
42-21 et seq.
42-600(b)
42-616 et seq.
42-2
42-6O<Xa)
42-60O(bX2)
42-6O(Xb)(1)
42-2
42-602
42-601
42-6O<Xc)
42-3
42-1
42-744
42-745
42-80
42-145
42-143
42-141
42-144
42-142
42-160
42-158
42-156
42-159
42-157
42-175
42-173
42-171
42-174
42-172
42-190
42-188
42-186
42-189
42-187
42-205
42-203
42-201
e
.
e
.
e
ZONING (Cont'd.)
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses . . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Railroad right-of-way, defmed............
Real estate sign, defmed ................
Reapplication, limitation . . . . . . . . . . . . . . . .
Rear lot line, defined. ... . . ... ... . . .. . . . .
Rear yard, defined .. .. . .. .. .. .. .. .. . . . . .
Reconstruction. . . . . . . . . . . . . . . . . . . . . . . . . .
Recreational vehicle, defined. . . . . . . . . . . . .
Regulatory flood, defined . . .. . .. . . .. .. . . .
Remodeling, defined ....................
Repeals. See herein: Provisions
Residential building, defmed. . . . . . . . . . . . .
Residential zoning districts
Defined... ..... . .. . .. . . .. . . . . . . .. . .. .
Residential-design manufactured homes
Defined.. .. .. .. . . . . . . .. .. . . . . . ... . . ..
Uses... ............... ..............
Restaurant, defined. . . . . . . . . . . . . . . . . . . . .
Retail sales, defined. . . . . . . . . . . . . . . . . . . . .
Rezoning
Certain provisions saved from repeal ..
Rezoning to a planned commercial district
Amendments. . . . . . . . . . . . . . . . . . . . . . . . .
Form of ordinance. . . . . . . . . . . . . . . . _ . . .
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recording of approval. . . . . . . . . . . . _ . . . .
Rezoning.. .. .. . . . . . . . . .. . . .. . . . . . . ..
Site development plan
Content. . . . . . . . . . . . . . . . . . . . . . . . . . .
Review procedures. . . . . . . . . . . . . . . . .
Status after approval ............. .
Standards of development. . . . . . . . . . . . .
Riding stables, defined .. .. . . . . .. .. . .. . . .
Right-of-way, defined. .. . . . . . . . . . . . . . . . . .
Roof sign, defined. .. . . . . . . .. . .. _ . . . . . . . .
RS Single-Family Residential Suburban Dis-
trict
Bulk regulations . . . . . . . . . . . . . . . . . . _ _ .
Conditional uses . . . . . . . . . . . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . _ . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Screening, defined . . . . . . . . . . . . . . . . . . . . . .
Separability. See herein: Provisions
Setback, defined.. . . . . . . .. . .. . .. . . . . _ . . .
Sewers. See herein: Water and Sewers
Shall, construed . . . . . . . . . . . . . . _ . . . . . . . . .
Side lot line, defmed . . . . . . . . . . . . . . . . . . . .
Side yard, defined ......................
Sidewalk construction and repair . . _ _ . . . _
See: STREETS AND SIDEWALKS
Signs
A-I Agricultural District. . . . . . . . . . . . . .
C-l Restricted Business District.. . . . ..
C-2 Neighborhood Shopping District...
C-3 Commercial District . . . . . . . . . . . . . .
Supp. No. 16
Section
CODE INDEX
42-204
42-202
42-746
42-747
42-27
42-748
42-749
42-6
42-750
42-751
42-752
42-752
42-754
42-712.6
42-64
42-755
42-756
1-5
42-417
42-414
42-409
42-416
42-411
42-412
42-413
42-415
42-410
42-757
42-758
42-759
42-130
42-128
42-126
42-129
42-127
42-760
42-761
42-616(b)(2)
42-762
42-763
35-121 et seq.
42-516
42-519
42-520
42-521
ZONING (Cont'd.)
C-4 Commercial District. . . . . . . . . . . . . .
C-5 Commercial District. . . . . . . . . . . . . .
C-6 Commercial District. . . . . . . . . . . . . .
C-7 Commercial District..... . . ... ... .
Certificates. See herein: Permits
Classification of signs
Abandoned signs. . . . . . . . . . . . . . . . . . .
Functional types........... ........
Maintenance and safety. . . . . . . . . . . .
Structural types . . . . . . . . . . . . . . . . . . .
Temporary signs...................
Definitions. .. .. . . .. .. . ... . . . . . _ .. . ...
District requirements. " . .. .. . . .. _ . . ..
See herein specific districts
Exemptions, generally. . . . . . . . . . . . . . . .
Zoning certificate requirements. . . . .
Historic sign. . . . . . . . . . . . . . . . . . . . . . . . .
1-1 Industrial Park District.. . . .. . . . . .
1-2 Industrial District. . . . . . . . . . . . . . . . .
1-3 Industrial District. . . . . . . . . . . . . . . . .
MH Residential District .. . . . . . . _ . . . . .
Nonconforming signs......... ........
Permits... ........ ............... ....
Exemptions ........... . . . . . . . . . . . .
Required. . . . . . . . . . . . . . . . . . . . . . . . . .
R District... .. . " . ., . .. . . . . .. . . .. . . . .
R-l District. . . . . . . . . . . . . . . . . . . . . . . . . .
R-2 District. . . . . . . . . . . . . . . . . . . . . . . . . .
R-2.5 District . . . . . . . . . . . . . . . . . . . . . . . .
R-3 District. . . . . . . . . . . . . . . . . . . . . . . . . .
RS Residential District . . . . . . . . . . . . . . .
Sign standards. . . . . . . . . . . . . . . . . . . . . . .
U University District. . . . . . . . . . . . . . . . .
Zoning certificates. . . . . . . . . . . . . . . . . . . .
See herein: Permits
South Ninth Street Corridor Overlay (CO)
District. . . . . . . . . . . . . . . . . . . . . . . . . . .
Conditional uses .....................
Effective area. . . . . . . . . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Property development regulations . . . . .
Structure, defined ......................
Structures, nonconforming
Nonconforming uses, bulk and signs...
See herein: Nonconforming Uses, Bulk
and Signs
Subdividing required prior to zoning . . . . .
Subdivision, defined. . . . . . . . . . . . . . . . . . _ . .
Subdivision regulations, defined . . . _ . . . . .
Swimming pools, private
Location of pools, compliance with zon-
ing.............. _............ _.
Tavern, defined. . . . . . . . . . . . . . . . . . . . . . . _ .
Temporary use, defined. . . . . . . . . . _ . . . . . . .
Temporary uses. See herein: Uses
Tenses of terms
Construed for interpreting provisions. .
3639
Section
42-521
42-522
42-522
42-522
42-510
42-506
42-509
42-507
42-508
42-764 et seq.
42-516 et seq.
42-504
42-505
42-525
42-523
42-524
42-524
42-517
42-581
42-501
42-505
42-502
42-517
42-517
42-517
42-517
42-517
42-517
42-503
42-518
42-502
42-418
42-418.2
42-418.4
42-418.1
42-418.3
42-616(b)(5),
42-783
42-576 et seq.
42-8
42-784
42-785
8-467
42-786
42-787
42-616(b)
ZONING (Cont'd.)
Territorial application. .. . . .. . . . .. . . . .. . .
Annexed land. . . . . . . . . . . . . . . . . . . . . . . .
Title of provisions. . . . . . . . . . . . . . . . . . . . . . .
'Ibpper, defined . . . . . . . . . . . . . . . . . . . . . . . . .
Trailer, defined . .. .. . . . . . .. . . .. . .. .. . .. .
Travel trailer, defined. . . . . . . . . . . . . . . . . . .
Trees and shrubs
Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . .
See: TREES AND SHRUBBERY
Intersection visibility, obstructing. . . . . .
Truck camper, defined.. . . . . . . . .. . . . . . .. .
U University District
Bulk regulations . . . . . . . . . . . . . . . . . . . . .
Conditional uses . . . . . . . . . . . . . . . . . . . . .
Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lot size requirements. . . . . . . . . . . . . . . . .
Permitted uses. . . . . . . . . . . . . . . . . . . . . . .
Signs. See herein that subject
Undue restriction of the regulatory flood
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use regulations, defmed......... ........
Used or occupied; defined. . . . . . . . . . . . . . . .
Uses
Accessory uses
District requirements. See herein spe-
cific districts
Generally . . . . . . . . . . . . . . . . . . . . . . . . .
Limitations on use. . . . . . . . . . . . . . . . .
Adult-oriented businesses
Locations. . . . . . . . . . . . . . . . . . . . . . . . . .
Airport zoning district, use restrictions
re............................. .
Bulk regulations for accessory struc-
tures . . . . . . . . . . . . . . . . . . . . . . . . . . .
Change in use, reconstruction, etc.. . . . .
Conditional uses
District requirements. See herein spe-
cific districts
Generally . . . . . . . . . . . . . . . . . . . . . . . . .
Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District requirements. See herein spe-
cific districts
Drainage areas, critical. . . . . . . . . . . . . . .
Defined . . . . . . . . . . . . . . . . . . . . . . . . . . .
Easements. . . . . . . . . . . . . . . . . . . . . . . . . . .
Home occupations. . . . . . . . . . . . . . . . . . . .
Limitations on use
Accessory structures and uses . . . . . .
Nonconforming uses, bulk and signs...
See herein: Nonconforming Uses, Bulk
and Signs
Number of structures and uses
Zoning lot and access to lot, as to . . .
Permitted uses
Accessory uses. . . . . . . . . . . . . . . . . . . . .
District requirements. See herein spe-
cific districts
Generally . . . . . . . . . . . . . . . . . . . . . . . . .
Residential-design manufactured homes
Supp. No. 16
Section
SALINA CODE
42-3
42-7
42-1
42-788
42-789
42-790
39-1 et seq.
42-81
42-791
42-240
42-238
42-236
42-239
42-237
42-792
42-794
42-616(b)(4)
42-58
42-58(3)
42-67
42-819
42-58(2)
42-6
42-57
42-793
42-66
42-653.1
42-63
42-60
42-58(3)
42-576 et seq.
42-61
22-58( 1)
42-56
42-64
ZONING (Cont'd.)
Sewer and water facilities. . . . . . . . . . . . .
Temporary use. . . . . . . . . . . . . . . . . . . . . . .
Outdoor amplified sound. . . . . . . . . . . . . .
Utilities. See herein: Public Utility Facili-
ties
Variances
Administrative variances. ... ........ .
Fees........ ..... ............ ........
Flood plain district. . . . . . . . . . . . . . . . . . .
Planning, application fees. . . . . . . . . . . . .
Violations and penalties
Complaints of violations . . . . . . . . . . . . . .
Notification. . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Visibility at intersections. See herein: In-
tersections
Vision clearance ares, defined. . .. .... .. . .
Wall sign, defmed.. . .. . . .. . . . .. . .. . .. . . .
Walls
Fences, walls, hedges, etc. ............
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
Water and sewers
Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Water covered land
Flood plain district .. .. .. . . . .. .. .. .. ..
See herein: Flood Plain Zoning Dis-
trict
Wholesale sales, defined.. .. .. . . . . . . .... .
Width, lot; defined. . . .. . . .. .. .. . . .. . .. . .
Wind energy conversion system (WECS)
Defined.. . ... . . . . . . . . . ... .... .. .. .. . .
Wireless communication facilities. . . . . . . .
Application requirements. . . . . . . . . . . . .
Defmitions. . . . . . . . . . . . . . . . . . . . . . . . . . .
General requirements ................
Inventory of towers. . ., . .. . .. . .. .. . . . .
Location preferences.. ......_.........
Performance standards . . . . . . . . . . . . . . .
Permit required. . . . . . . . . . . . . . . . . . . . . .
Purpose and objectives. . . . . . . . . . . . . . . .
Standards for evalution of special per-
mit applications. . . . . . . . . . . . . . . . .
Yard, defmed . . . . _ _ . . . . . . . _ . . . . . . . . . . . . .
Yard, front; defined. . . . . . . . . . . . . . . . . . . . .
Yard, rear; defined. . . . . . . . . . . . . . . . . . . . . .
Yard, side; defined . . . . . . . . . . . . . . . . . . . . . .
Yards and open spaces
Fences, walls, hedges, etc. ............
See: FENCES, WALLS, HEDGES,
AND ENCLOSURES
Landscaping. See herein that subject
Modification of required spaces. . . . . . . .
Obstructions permitted in required yards
Restrictions on allocation and disposi-
tion of required yards, etc. . . . . . . .
3640
Section
42-62
42-59
42-68
42-597.1
42-598
42-436
29-1(a)
42-599(a)
42-599(b)
42-599(c)
42-599(d)
42-795
42-796
8-401 et seq.
42-62
42-426 et seq.
42-797
42-798
42-799
42-69
42.69(e)
42-69(b)
42-69(i)
42-69(0
42-69(d)
42-69(h)
42-69(c)
42-69(a)
42-69(g)
42-800
42-801
42-802
42-803
8-401 et seq.
42-554
42-79
42-80
e
.
ZONING (Cont'd.)
YMCA, YWCA, Boy Scouts, Girl Scouts,
Campfire Girls and other similar
groups
Defined. .. . . . . . . .. . . . .. .. . .. .. . . .. . ..
Zoning appeals. See herein: Board of Zon-
ing Appeals
Zoning certificates
Administrative provisions. . . . . . . . . . . . .
Fees................................ .
Sign permits. . . . . . . . . . . . . . . . . . . . . . . . .
Zoning lot, defined. . . . . . . . . . . . . . . . . . . . . .
Zoning map
Certain provisions saved from repeal ..
District boundaries on . . . . . . . . . . . . . . . .
Generally. . . . . . . . _ . . . . . . . . . . . . . . . . . . .
Zoning permits. See herein: Permits
Zoning regulations, defined. . . . . . . . . . . . . .
e
.
e
Supp. No. 16
CODE INDEX
Section
Section
42-804
42-596 et seq.
42-598
42-502
42-805
1-5
42-42
42-41
42-806
3641