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City of Salina Code 1989 . e SUPPLEMENT NO.7 June, 1989 CODE e City of SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 88-9299, adopted January 9, 1989. See Code Comparative Table, page 3502. e Remove old pages Xix-xvii >< 55-56.1 )( 65, 66 ;Z 219-222 f. 230.1 X. 233-236 f 287,288 1-- 291, 292 y 351, 352 "/.. 459-462 1\ 479, 480 ~487 'I-.. 1115, 1116 'f 1119-1122 )( 1125, 1126 X1337-1341 11497-1502 )(J.505, 1506 11979-1981 X 2033, 2034 X 2047,2048 X 2173 >< 2221-2223 '/.. 2231,2232 " 2289-2291 i. 2405-2406.1 X 2477-2488 X 2492.3-2510 " 2535-2536.1 'X 2539,2540 2548.1-2552 f 2869, 2870 )(2881 i-- 2981,2982 'x 2989 Insert new pages ')Qx-xviii x'55-56.1 Xs5, 66 'j 219-222.1 7230.1 )t233-236 ~87,288 " 291, 292 X351,352 Y 459-462.1 X479-480.1 )\.487-489 )(1115-1116.1 )<.1119-1122 ~1125, 1126 )( 1337-1341 '><1497-1502 '>(1505 X1979-1981 ;< 2033-2034.1 ~047,2048 )(2173 ~2221-2223 X 2231, 2232 >< 2289-2291 'J.-. 2405, 2406 X 2477-2488.1 'X 2493-2510.4 )I. 2535-2536.1 X 2539-2540.1 X 2549-2552.3 '^ 2869, 2870 )( 2881-2885 1- 2981, 2982 f'.. 2989-2991 e . INSTRUCTION SHEET-Cont'd. X 3501 'f.-. 3547-3551 Index pages 'f.. 3577-3580.1 ;(.3585-3590 ~ 3593, 3594 )<,3599-3610.1 'f, 3613, 3614 J. 3617,3618 'f. 3623, 3624 ,A 3630.1-3642.1 )( 3647 -3655 y 3501,3502 ..>(354 7 -3552 Index pages X 3577-3580.1 >\3585-3590.1 X 3593, 3594 ~3599-3610.1 ;;( 3613, 3614 >( 3617,3618 X 3623, 3624 /<.3631-3642.2 \(3647-3657 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (904) 576-3171 1-800-262-CODE (National) 1-800-342-CODE (Florida) e SUPPLEMENT NO.1 e CODE City of SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 83-8954, adopted January 24, 1983. See Code Comparative Table, page 3497. e Remove old pages LiLx- ~4 ~348 ~rough 464 L469 through 474 f 4 77 th~.'ugh 480 1177. 78 499.1 through 1924 227, 9.228 /241ii- 2468 LU9i through 2506 U555 through 2560 L2BT1,2878 ~>-3550 Insert new pages tii 347,348 59 t gh 464 ~ough 474.2 oqgh 480 '7;177. 1~- . 921 through 1924 jy.9.9.7, 2228 ~468 44M through 2506.1 {;~~~. ough 2560.1 2878 / 349~ 354,::lfi50 Index pages Index pages ~585 through 3588 ~rough 3588 ) ::lfi9fi through 3598 )~ough 3598 J ::lfl09,3610 ~10 ~through 3626 L J3~21 through 3626.1 /3649,3650 ~49, 3650 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida - March, 1983 e e SUPPLEMENT NO.2 e CODE City of SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 84-9003, adopted February 13, 1984. See Code Comparative Table, page 3498. Remove old pages I ix through..xii ~ I 227,--228 L.351, 352 ~~8 ~ough 462 E: 223 through 2226 ~hrough 2408 l2475 tprough 2488 2493 through 2498 01 t ugh 2506.1 2509 trough 2516 ~~~~::~ ~88 ~ /3551 e e k~~;~.pages 3578 ts585 3586 ~rough 3602 ~606 rough 3614 f::622 rough 3630 through 3642 ~5,3646 I 3653, 3~54, 3655 e INSTRUCTION SHEET -Cont' d. Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION .Tallahassee, Florida e SUPPLEMENT NO.3 CODE e City of SALINA, KANSAS Looseleaf Supplement e This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 85-9064, adopted February 25, 1985. See Code Comparative Table, page 3499. '-;0: old JKIIfes ~ ~eB ~~:~~,~vii . ,X~l I 59 through 63 ~9 thro.ugh 63 ~hrough 468 \.465 through 468.1 t 474~474.2 ~, 474.2 477 78 /nM78,478.1 ~a: 1125 126 , 2040 , 040 222 gh 2230 ugh 2230.1 through 2406 1.2403 through 2406.1 , 2412, 2413 l..24U-through 2431 2481 through 2486 ~through 2486.1 through 2502 L2491 thr.ough 2502.2 ,2506, 2506.1 ~2506, 2506.1 7,3498 ~3498,3499 3547 through 3550 'aM7 through 3550 Index pages ~ndex pages 6as.a-through 3586.1 L358S through 3586.1 ~lf3602 ~601,3602 ~hrough 3610 ~ugh 3610.1 LQID,a. 3614, 3614.1 ~-3614, 3614.1 !3625, 3626 ~626 I36a7, 3638 ~638 L 364~, 3646, 3646.1 ~through 3646.2 Insert this instruction sheet in front of volume. File removed pages for reference. - MUNITCWALCODECORPORATION Tallahassee, Florida May, 1985 e e SUPPLEMENT NO.4 CODE e! City of SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 86-9119, adopted February 3, 1986. See Code Comparative Table, page 3499. e Remove old pages I. ~, xvii } ~56 ~hrough 226 f~;~'~' 229, 230 hrough 462 469-,470 4;L7, 478, 478.1 ~484 }iillj446 LOO-H-,2042 ~3,2224 3,2464 l.2467,2468 /2477 through 2488.1 l2523 through 2528 L ;~~' t2536 hrough 2569 '-2869,2870 ~..2880, 28Bl.__ Insert new pages lib-x ~i, xvii ~4 .223 through 226.1 e;~'t~30, 230.1 rough 461 ~70 41i478,478.1 L4a3., 484 ~445 14.46 1204.1: 2042, 2042.1 h??'1, 2222, 2223 /?'461,2462,2463 h4fl7, 2468, 2468.1 2477 rough 2488.3 523 through 2528.3 l2EB5:25&>, 2536.1 [25fi3through 2572 .(2869. 2870 L2R79,2RRO,2881 ~9. Index pages ~580, 3580.1 <3587,3588,3588.1 (:-3in4.1 /<361. 7,3618 ~,3630 ~639 through 3642 C3641 through 3650.3 - ~ex pages 357 ,3580 ,3588 C3614.1 <'3617, 3618 ~9,3630 ~~:3. 9 through 3642 ~4.6.1 through 3650 Insert this instruction sheet in front of volume. File removed pages for reference. e MUNICIPAL CODE CORPORATION Tallahassee, Florida May, 1986 . SUPPLEMENT NO.5 CODE e City of SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 87-9177, enacted March 23, 1987. See Code Comparative Table, page 3500. e Remove old pages ~-xvii ~~~ ~68.1 C4Ta-476 ~485,486 ~858 ~. 7, 1498 ,1508 -2116 . 27,2228 C 79-2488.3 2496 99-2506 2527 -2528.3 2981-2984 c.:Ma9 ~{7, 3548 Index pages ~7-3578.1 ~-3588.1 ~i-3598 -3610.1 5,3616 3,3624 C3627-3630.1 3639-3642.1 Insert new pages G-xvii ~56.1 ~68 <Gl'L3-476 C:~A85, 486 ~5-858 497, 1498 ~07 .1510 Gi13-2116 ~-2228.1 9-2488.3 493-2496 ~2498..1-2506 Ji-2528.3 81-2984.1 499,3500 5~ ,3548 ~ex pages ~7-3578.1 ~-3588 ~5-3598 ~_-:-3610.1 ~' 3616 3,3624 27-3630.1 3639-3642.1 Insert this instruction sheet in front of volume. File removed pages for reference. - MUNICIPAL CODE CORPORATION . Tallahassee, Florida July, 1987 e SUPPLEMENT NO.6 CODE - City of SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 87-9212, adopted September 28, 1987. See Code Comparative Table, page 3501. e ~~~;: pag" . 5-1447 ,/ ~~ 2116 2 2223 ~~~~ 123~~32 ~61,2462 2465-2472 ~7-2492 ~5-2498.2 ~2516.1 ~19-2524 -2528.3 9 2540 2 -2558 ~~2564 ~69,2570 -=:3409,3500 354-7 -3550 ---' ~Insert x:w pages 3.9-350.1 -1447 ~.-'-2116'1 21-2223 2232.1 . 47,2348 '--.-246.1,2462 ~-2472 . 2492.3 se_2498.3 25 2516.1 -2524.3 1-2528.3 ~2540 ~-2558 ~-2564.1 ~2570 ~-3501 ~-3550 Index pages ~~-3620 -3642.1 8.1-3649 -3655 Insert this instruction sheet in front of volume. File removed pages for reference. e MUNICIPAL CODE CORPORATION Tallahassee, Florida February, 1988 e e SALINA CO'DE CITY OF SALINA" KANSAS e Adopted, November 1, 1982 Effective, January 1, 1983 Published by Order of the Board of Commissioners ~v ~ MUNICIPAL CODE CORPORATION ~~ Tallahassee, Florida 1983 e e OFFICIALS of the 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 Commissioners e Rufus L. Nye City Manager L. O. Bengtson City Attorney D. L. Harrison City Clerk e iii e PREFACE 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. e 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. Index e 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 v 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-t()-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 vi e ORDINANCE NUMBER 82-8943 (Published in The Salina Journal November 5,1982) e 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 9. 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 dE: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. e vii Sectian 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. Sectian 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 viii e TABLE OF CONTENTS e Page Officials of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III Preface ................................................... v Adopting Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vll CODE Chapter 1. General Provisions e 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 . . . . . . . . . . . . . . . . . . . . . . Div. 1. Generally .............................. Div. 2. Arts Commission. . . . . . . . . . . . . . . . . . . . . . . . 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 ...................................... 1 55 55 56 56 56 56 56.1 58 58 58 59 59 59 59 59 60 61 64 3. Advertising ........................................... 111 64 4. Airport Art. Art. Art. Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. Airport Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. Airport Zoning Commission . . . . . . . . . . . . . . . . . . . IV. Airport Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e 5. Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. II. Alcoholic Liquor ......... . . . . . . . . . . . . . . . . . . . . Div. 1. Generally .............................. Div. 2. Retailer's License. . . . . . . . . . . . . . . . . . . . . . . . Div. 3. Distributor's License ............. . . . . . . . . Art. III. Cereal Malt Beverages . . . . . . . . . . . . . . . . . . . . . . . . Div. 1. Generally .............................. Div. 2. Retailer's License. . . . . . . . . . . . . . . . . . . . . . . . e Supp. No.7 ix 163 163 163 163 164 219 219 219 219 222.1 223 224 224 227 SALINA CODE Chapter 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. Public Dances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Div. 1. Generally .............................. Div. 2. License ................................ Art. IV. Entertainment in Food Establishments. . . . . . . . . . Div. 1. Generally .............................. Div. 2. License ................................ Art. V. Arcades .................................... Div. 1. Generally .............................. Div. 2. License ................................ Art. VI. Music Machines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Div. 1. Generally .............................. Div. 2. License ................................ Art. VII. Billiards and Pool Tables . . . . . . . . . . . . . . . . . . . . . Div. 1. Generally .............................. Div. 2. License ................................ 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 Establishments . Art. VIII. Impoundment, Recovery and Adoption of Animals at Animal Shelter . . . . . . . . . . . . . . . . . . . . . . . . . . 7.5. Auctions and Auctioneers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Buildings and Structural Appurtenances. . . . . . . . . . . . . . . . . . . . Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. II. Building Codes Advisory and Appeals Board. . . . . . . Art. III. Building Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. IV. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 .................. Supp. No.7 x Page 230.1 230.1 233 236 287 287 287 287 288 289 289 289 290 290 290 291 291 291 292 292 292 292 292 293 345 345 348 349 351 353 354 356 357 409 459 459 460 461 462.1 462.1 462.1 462.1 462.1 464 464 465 467 e T ABLE OF CONTENTS-Cont'd. e Chapter Art. VI. Plumbing Code ............................. Div. 1. Generally ............................... Div. 2. Plumbers ............................... Div. 3. Reserved ................................ Art. VII. Gas Code .................................. Div. 1. Generally ............................... Div. 2. Gas Fitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. Elevators and Elevator Installation .......... Div. 1. Generally ............................... Div. 2. Elevator Contractors . . . . . . . . . . . . . . . . . . . Div. 3. Permits and Inspections. . . . . . . . . . . . . . . . . . . Art. XIV. Private Swimming Pools ..................... Art. XV. Sandblasting... . . . . . . . . . . . . . . . . . . . . . . . . . . . . Div. 1. Generally .............................. Div. 2. Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. XVI. Structures Damaged by Fire or Explosion . . . . . . . e Page 470 470 473 475 475 475 475 477 477 478 478 478.1 479 479 479 480 481 484 484. 484 485 485 486 486 487 487 9. Cemeteries ............................................. 537 10. Civil Emergencies and Disasters .......................... 587 Art. I. In General ................................... 587 Art. II. City-County Emergency Preparedness Board. . . . . 587 Art. III. Emergency Proclamation . . . . . . . . . . . . . . . . . . . . . 589 11. Economic Development (Reserved) ........................ 641 12. Elections ............................................... 741 - 13. Equal Opportunity and Affirmative Action. . . . . . . . . . . . . . . . . Art. I. In General ................................... Art. II. Human Relations Commission. . . . . . . . . . . .. . . . . Art. III. Unlawful Practices .......................... Art. IV. Public Contracts ............................ Art. V. Procedures for Filing and Processing Complaints Art. VI. The Organizational Structure and Responsibili- ties for Carrying Out the City's Commitment to the Principle of Nondiscrimination in City Em- ployment ................................... e Supp. No.7 xi 791 791 794 796 798 799 801 SALINA CODE Chapter Page 14. Fire Prevention and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . ., 853 Art. I. In General ................................... 853 Art. II. Firemen's Relief Association .................. 854 Art. III. Fire Prevention Code ........................ 855 Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 855 Div. 2. Fireworks ............................... 856 Div. 3. Liquefied Petroleum Gases ................ 858 Div. 4. Miscellaneous Hazards .................... 858 15. Flood Prevention and Control ............... . . . . . . . . . . . . .. 909 Art. I. In General ................................... 909 Art. II. Flood Protection Works ....................... 909 16. Food and Food Handlers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 961 Art. 1. 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................................................ 1113 Art. I. In General ................................... 1113 Art. II. Administration and Enforcement .............. 1115 Div. 1. Generally ............................... 1115 Div. 2. Appeals ................................. 1119 Art. III. Use and Occupancy Regulations ............... 1122 19. Library ................................................ 1175 Art. I. In General ................................... 1175 Art. II. Library Board ............................... 1175 20. Licenses................................................ 1229 21. Minors................................................. 1283 Art. I. In General ................................... 1283 Art. II. Curfew ..................................... 1283 22. Mobile Homes and Trailers ............................... 1333 Art. I. In General ................................... 1333 Art. II. General Regulations Applicable to All Existing and Future Mobile Homes and Mobile Home Owners.. 1334 Art. III. New Parks or Park Expansions .............. 1337 Art. IV. Mobile Home Contractors and Craftsmen ...... 1338 Div. 1. Generally ............................... 1338 Div. 2. Permits and Inspections .................. 1341 23. Municipal Court ..................... . . . . . . . . . . . . . . . . . . .. 1391 Art. 1. In General ................................... 1391 Supp. No.7 xii e TABLE OF CONTENTS-Cont'd. e Chapter Art. II. Bondsmen .................................. Div. 1. Generally .............................. Div. 2. License ................................ Page 1391 1391 1392 24. Nuisances ............................................. 1445 e 25. Offenses, Miscellaneous Provisions ...... . . . . . . . . . . . . . . . . . . Art. I. In General .................................. Art. II. Offenses Affecting Governmental Functions. . . . Art. III. Offenses Against the Person '" . . . . . . . . . . . . . . Art. IV. Offenses Against Property. . .. . . . . . . . . . . . . . . . Art. V. Offenses Against the Public Peace. . . . . . . . . . . . . Art. VI. Offenses Against Public Safety . . . . . . . . . . . . . . . Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Div. 2. Weapons ............................... Art. VII. Offenses Against Public Morals . . . . . . . . . . . . . . Div. 1. Generally .............................. Div. 2. Sex Offenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . Div. 3. Reserved............................... Div. 4. Gambling .............................. Div. 5. Displaying Material Harmful to Minors. . . . . . 26. Oil and Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. I. In General .................................. Art. II. Permit ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1497 1497 1498 1499 1500 1502 1502 1502 1503 1504 1504 1504 1505 1505 1508 1559 1559 1559 27. Parks and Recreation ................................... 1611 Art. I. In General .................................. 1611 Art. II. Par.k Regulations ........................... 1611 28. Peddlers and Solicitors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1661 29. Planning .............................................. 1711 Art. I. In General .................................. 1711 Art. II. City Planning Commission................... 1711 Art. III. North Central Regional Planning Commission. 1712 30. Police................................................. 1763 Art. I. In General .................................. 1763 Art. II. Merchant or Private Policeman ............... 1763 Div. 1. Generally .............................. 1763 Div. 2. License and Permit ..................... 1765 - 31. Public Utilities ......................................... 1817 e 82. Sales.................................................. Art. I. In General .................................. Art. II. Going Out of Business Sales ................. Div. 1. Generally .............................. Div. 2. License ................................ Supp. No.7 xiii 1869 1869 1869 1869 1869 SALINA CODE . Chapter Page 38. Secondhand Goods ...................................... 1921 Art. I. In General ................................... 1921 Art. II. Pawnbrokers, Secondhand Dealers and Precious Metal Dealers ................................ 1921 Art. III. Junk and Junk Dealers ...................... 1922 Div. 1. Generally ............................... 1922 Div. 2. License ................................. 1923 34. Solid Waste ............................................ 1975 Art. I. In General ................................... 1975 Art. II. Refuse and Sanitation ........................ 1975 Art. III. Private Haulers ............................. 1978 Div. 1. Generally ............................... 1978 Div. 2. License ................................. 1979 Art. IV. Solid Waste Disposal Area. . . . . . . . . . . . . . . . . . .. 1980 35. Streets, Sidewalks and Other Public Places . . . . . . . . . . . . . . . . .. 2031 Art. I. In General ................................... 2031 Art. II. Bench Marks ................................ 2032 Art. III. Obstructions and Encroachments .............. 2033 Div. 1. Generally ............................... 2033 Div. 2. Obstructing Visibility at Intersections ..... 2034.1 Art. IV. Moving Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2035 Div. 1. Generally................................ 2035 Div. 2. Permit .................................. 2038 Art. V. Numbering Buildings ......................... 2039 Art. VI. Driveways and Sidewalks. . . . . . . . . . . . . . . . . . . " 2040 Div. 1. Generally................................ 2040 Div. 2. Permit .................................. 2043 Art. VII. Service Pipes and Sewers Ahead of Paving . . . " 2044 Art. VIII. Excavations ............................... 2045 Art. IX. Railroad Crossings .......................... 2048 Art. X. Snow and Ice on Sidewalks .................... 2048 36. Subdivision Regulations .................................. 2099 Art. I. In General ................................... 2099 Art. II. Application Procedure and Approval Process .... 2106 Div. 1. Generally ............................... 2106 Div. 2. Preliminary Plat ......................... 2108 Div. 3. Final Plat ............................... 2109 Art. III. Requirements for Improvements, Reservations and Design ................................. 2110 Art. IV. Specifications for Documents to be Submitted . .. 2117 37. Taxation ............................................... 2173 Supp. No.7 xiv e TABLE OF CONTENTS-Cont'd. Chapter Page e 38. Traffic and Motor Vehicles ............................... 2221 Art. I. In General ................................... 2221 Art. II. Miscellaneous Rules .......................... 2225 Art. III. Stopping, Standing and Parking .............. 2226 Div. 1. Generally ............................... 2226 Div. 2. Parking Meters. . . . . " . . . . . . . . . . . . . . . . . .. 2228 Div. 3. Inoperable Vehicles. . . . . . . . . . . . . . . . . . . . " 2231 Art. IV. Parades and Processions . . . . . . . . . . . . . . . . . . . . .. 2232 Art. V. Trains and Railroads . . . . . . . . . . . . . . . . . . . . . . . . . 2232.1 Art. VI. Size, Weight and Load ....................... 2233 Art. VII. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2236 39. Trees and Shrubs. . . . . . . . . . . . . . . .. . . . . .. . . . . " . . .. .. . . ... 2287 Art. I. In General ................................... 2287 Art. II. Trimmers and Treaters. . . . . . . . . .. . . . . . . . . . . " 2289 Div. 1. Generally ............................... 2289 Div. 2. License ................................. 2289 Art. III. Diseased Trees and Shrubs . . . . . . . . . . . . . . . . . . .. 2290 40. Vehicles For Hire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2341 Art. I. In General ................................... 2341 Art. II. Freight Vehicles ............................. 2341 Div. 1. Generally ............................... 2341 Div. 2. License ................................. 2342 Art. III. Taxicabs ................................... 2342 Di v. 1. Generally ............................... 2342 Div. 2. Business License ....................... o. 2346 Div. 3. Driver's License . 0 . . . . . . . . . . . . . . . . . . 0 . . .. 2350 41. Water and Sewers. . . .. .. .. .. " . . . . .. . . . .. " .. 0 . .. .. . . .. " 2403 Art. I. In General ............... 0 . . . . . . . . . . . . . . . . . . 0 2403 Art. II. Water ...................................... 2404 Div. 1. Generally ...................... 0 . . . . . . .. 2404 Div. 2. Water Conservation ...................... 2408 Art.. III. Sewers ... 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2410 Art. IV. Rates and Charges. . .. .. . . . . . . .. . . . . . . . . . . . .. 2411 Art. V. Use of Public and Private Sewers and Drains. . . . . .. 2413 Art. VI. Installation and Connection of Building Sewers and Drains ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 2418 Art. VITo Discharge Criteria ... . . . . . . . . . . . . . . . . . . . . . .. 2419 Art. vm. Penalties and Violations . . . . . . . . . . . . . . . . . . . .. 2422 Art. IX. Industrial Pretreatment . . . . . . . . . . . . . . . . . . . . .. 2423 e - 42. Zoning Regulations ....................................0.. 2461 Art. I. In General ................................... 2462 Art. II. Amendments ............ 0 . . . . . . . . . . . . . 0 . . . .. 2465 Art. III. Districts', Maps and Boundaries ........0.....0 2467 Art. IV. General Use Regulations; . . . . . . . . . . .. . . . . . 0 .. 2468 . Supp. No.7 xv SALINA CODE Chapter Art. Art. Page V. General Bulk Regulations. . . . . . . . . . . . . . . . . . . . . . 2473 VI. District Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . 2474 Div. 1. Generally ............................. 2474 Div. 2. A-1 Agricultural District. . . . . . . . . . . . . . . . . 2474 Div. 3. RS Single-Family Residential Suburban District 2477 Div. 4. R Single-Family Residential District ........ 2478 Div. 5. R-1 Single-Family Residential District. . . . . . 2480 Div. 6. R-2 Multiple-Family Residential District. . . . 2482 Div. 7. R-2.5 Multiple-Family Residential District. . . 2484 Div. 8. R-3 Multiple-Family Residential District. . . . 2486 Div. 9. MH Manufactured Home Park District. . . . . . 2489 Div. 10. U University District. . . . . . . . . . . . . . . . . . .. 2492.1 Div. 11. C-1 Restricted Business District. . . . . . . . . . .. 2493 Div. 12. C-2 Neighborhood Shopping District. .. . . . .. 2495 Div. 13. C-3 Shopping Center District. . . . . . . . . . . . .. 2497 Div. 14. C-4 Central Business District. . . . . . . . . . . . .. 2501 Div. 15. C-5 Service Commercial District. . . . . . . . . .. 2503 Div. 16. C-6 Heavy Commercial District. . . . . . . . . . .. 2506 Div. 17. 1-1 Industrial Park District. . . . . . . . . . . . . . . . 2510 Div. 18. 1-2 Light Industrial District. . . . . . . . . . . . . . . 2510.3 Div. 19. 1-3 Heavy Industrial District. . . . . . . . . . . . . . 2513 Art. VII. Planned Development Districts. . . . . . . . . . . . . . . . 2516 Div. 1. Generally .............................. 2516 Div. 2. Rezoning to a Planned Commercial District. . . 2524 Art. VIII. Flood Plain Zoning District. . . . . . . . . . . . . . . . . .. 2524.2 Div. 1. Statutory Authorization, Findings of Fact and Purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2524.2 Div. 2. General Provisions. . . . . . . . . . . . . . . . . . . . . . .. 2525 Div. 3. Development Permit. . . . . . . . . . . . . . . . . . . . .. 2526 Div. 4. Establishment of Zoning Districts. . . . . . . . . . .. 2527 Div. 5. Standards for Floodway Overlay District and the Floodway Fringe Overlay District. . . . . . . . . . .. 2527 Div. 6. Floodway Frinee (FF) Overlay District. . . . . . .. 2528 Div. 7. Floodway (FW) Overlay District. . . . . . . . . . .. 2528.1 Div. 8. Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2528.2 Div. 9. Violations.. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2528.2 Div. 10. Amendments .......................... 2528.2 Art. IX. Heritage Conservation District. . . . . . . . . . . . . .. 2528.3 Div. 1. Generally .............................. 2528.3 Div. 2. Heritage Commission. .. .. .. .. .. . . . . . . .. .. 2531 Art. X. Signs ....................................... 2532 Div. 1. Generally................................ 2532 Div. 2. District Regulations ...................... 2536 Art. XI. Off-Street Parking and Loading . . . . . . . . . . . . . .. 2539 Div. 1. Generally................................ 2539 Div. 2. Off-Street Parking. . . . . . . . . . . . . . . . . . . . . . .. 2539 Div. 3. Off-Street Loa~ing ...................... 2543 Supp. No.7 XVI e TABLE OF CONTENTS-Cont'd. e Chapter Page Art. XII. Nonconforming Uses, Bulk and Signs. . . . . . . ... 2544 Art. XIII. Administrative Provisions. . . . . . . . . . . . . . . . . .. 2548 Art. XIV. Definitions ................................ 2553 Appendix A. Charter Ordinances .................................... 2869 No. 1. Limitation on Tax Levies. . . . . . . . . . . . . . . . . . . ... 2869 No.2. Urban Renewal .............................. 2869 No.3. Limitation on Tax Levies . . . . . . . . . . . . . . . . . . . . .. 2871 No.4. Longevity Pay for Fire Department. . . . . . . . . . .. 2871 No.5. Payment Upon Retirement to Certain Members of the Police and Fire Departments ............... 2871 No.6. Contributions by Officers and Members of the Fire and Police Departments for Retirement Systems .. 2872 No.7. Investment of Money for Policemen's and Fire- men's Pension Funds . . . . . . . . . . . . . . . . . . . . . . . . .. 2872 NO.8. Band . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2872 No.9. Limitation on Tax Levies. . . . . . . . . . . . . . . . . . . . .. 2872 No. 10. Cereal Malt Beverage Licenses . . . . . . . . . . . . . . . . .. 2873 No. 11. Licensing of Pawnbrokers. . . . . .. . . . . . . . . . . . . .. 2874 No. 12. Licensing of Pawnbrokers. . . . . . . . . . . . . . . . . . . " 2875 No. 13. General Improvements. . . . . . . . . . . . . . . . . . . . . . .. 2875 No. 14. Consumption of Alcoholic Liquor in Public Places 2876 No. 15. Payment Upon Retirement to Certain Members of the Police and Fire Departments ......... ~ . . . .. 2877 No. 16. Special Fund for Paying Utility Costs and Em- ployee Benefits .............................. 2877 No. 17. Special Fund for Paying Utility Costs and Em- ployee Benefits .............................. 2877 No. 18. Municipal Court Costs and Fees. . . .. .. . . . . . . ... 2879 No. 19. Licensing of Pawnbrokers and Precious Metal Dealers ..................................... 2879 No. 20. Fixed Asset Records for Buildings and Land .... 2880 No. 21. Municipal Court Costs and Fees. . . . . . . . . . . . . . . .. 2880 No. 22. Promotion of Tourism and Conventions. . . . . . . . . 2881 No. 23. General Improvements and Issuance of Bonds . . . . 2882 No. 24. Salaries of Members of Governing Bodies. . . . . . . . 2883 No. 25. General Improvements and Issuance of Bonds . . . . 2884 e - B. Franchises........................................... Art. I. Kansas Power and Light Company-Electric Franchise Art. II. Kansas Power and Light Company-Natural Gas Franchise ................................. Art. III. Salina Cable T.V. System. . . . . . . . . . . . . . . . . . . . Art. IV. Southwestern Bell Telephone Company. . . . . . . . Art. V. Southwestern Bell Telephone Company. . . . . . . . . 2981 2981 e 2982 2983 2987 2989 Supp. No.7 XVll SALINA CODE Page Code Comparative Table-1966 Code. . . . . . . . . . . . . . . . . . . . . . . . . . . 3489 Code Comparative Table-Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . 3495 Statutory Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3547 Code Index ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3577 Supp. No.7 xviii e e e CODE Chapter 1 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) K.8.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 ~ 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 "preceding" 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 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; 2 e GENERAL PROVISIONS ~ 1-9 e (8) Any ordinance creating districts for public improvements of any kind or nature; (9) Any ordinance establishing or changing the limits of the city or pertaining to annexa- tions, additions or exclusions; (10) Any appropriation ordinance or ordinance relating to the transfer of funds; (11) Any ordinance levying general or special taxes or special assessments; (12) Any ordinance granting any right, privi- lege, easement or franchise to any person; (13) 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- e 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-county 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 e 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 e may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent Supp. No. 1 3 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. 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- H-9 SALINA 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 55] 4 e e e - e Chapter 2 ADMINISTRATION. Art. Art. Art. Art. I. II. III. IV. In General, H 2-1-2-20 Board of Commissioners (Reserved), H 2-21-2-35 City Manager, H 2-36-2-50 Officers and Employees Generally, H 2-51-2-95 Div. 1. Generally, ~~ 2-51-2-60 Div. 2. Bonds, H 2-61-2-75 Div. 3. Indemnification for Liability, H 2-76-2-95 V. Administrative Departments, H 2-96-2-135 Div. 1. Generally, H 2-96-2-105 Div. 2. Department of Law, H 2.106-2-120 Div. 3. Department of Public Health, ~~ 2-121-2-135 Boards and Commissions, ~~ 2-136-2-160 Div. 1. Generally, ~~ 2-136-2-143 Div. 2. Arts Commission, ~~ 2-144-2-160 Salina Arts and Humanities Commission, H 2-161-2-169 Public Records, H 2-170-2-179 Salina Bicentennial Center, H 2-180-2-199 Salina Business Improvement District Design Review Board, U 2-200-2-212 Art. Art. VI. Art. VII. Art. VIII. Art. IX. Art. X. ARTICLE I. IN GENERAL 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 re- imburse 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 insure 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 authorized and directed to increase or decrease such license fees, permit fees and other user related fees or charges in approximately the same proportion to any in- crease or decrease in the general fund for the ensuing fiscal year. Sec. 2-1. Seal described. The seal of the 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 "Organ- ized" 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 determine, by resolution, all license fees, permit fees and .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 board, ~ 8-16 et seq.; building board of appeals, ~ 8-38; administration and enforcement of electrical code, ~ 8.76 et seq.; electrical board of examiners, ~ 8-96 et seq.; board of examiners for electrical mechanics, ~ 8-133; plumbing board of examiners, ~ 8-202 et seq.; plumbing board of appeals, ~ 8-226 et seq.; city county emergency preparedness board, ~ 10-16 et seq.; elections, Ch. 12; equal opportunity and affirmative action, Ch. 13; human relations commission, ~ 13-16 et seq.; firemen's relief associations, ~ 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, ~ 25-21 et seq.; planning, Ch. ~9; city planning commission, ~ 29-16 et seq.; North Central regional planning commission, ~ 29-36 et seq.; police, Ch. 30; public utilities, Ch. 31; taxation, Ch. 37; convention and tourism committee, ~ 37-18; 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.7 55 ~ 2-2 SALINA CODE (c) The full amount of the license fee shall be paid regardless of the time of the year the appli- cation is made, and the licensee shall operate under the license for the remainder of the calen- dar year for which the license is issued. No rebate or return of any portion of the license fee shall be made in case the license is revoked for any cause provided for in this Code. (Ord. No. 81-8881, ~~ 1, 3, 10-19-81) Cross reference-Fees to accompany application, ~ 20-4. Sec. 2-3. Bonds and insurance of contractors, 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 city where a bond or insurance is required, shall be signed and executed by some company ad- mitted to do business in the state. (b) All bonds and insurance certificates provided 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 except 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 in- surance 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) Sees. 2-4-2-20. Reserved. Supp. No.7 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 thou- sand two hundred dollars ($1,200.00) per year, payable in equal monthly installments. (Ord. No. 88-9299, ~ 1, 1-9-89) Sees. 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. Sees. 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 attor- ney and assistant city attorneys, the municipal judge, the city manager and persons employed under established civil service systems, shall be appointed, employed and paid under the provi- sions of the rules and regulations which may be adopted as provided in section 2-52. (Code 1966, ~ 2-61) .State law reference-Governing board under commission manager plan, K.S.A. 12.1006 et seq. tState law reference-City manager plan, K.S.A. 12-1001 et seq. 56 e e e - e ADMINISTRATION ~ 2-61 Sec. 2-52. Rules and regulations. Rules and regulations governing appointment and employment to positions in the classified ser- vice together with salary ranges shall be adopted and amended by resolution of the board of commis- sioners 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 of the duties of the office or employment to which he is appointed Supp. No.7 56.1 e e e ADMINISTRATION ~ 2-75 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) Sec. 2-62. Bonds to be conditioned as specified. The bonds of officers, deputies, assistants and employees required to give bond shall be condi- tioned as required by statute or as otherwise re- quired 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 conditions. 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 of- fices 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 pub- lic moneys entrusted to his care, and save the city free and harm- less from all loss caused by ne- glect of duty or malfeasance in office. The board of commission- ers shall require the treasurer to give a new bond whenever, in its opinion, the existing bond is insuf- ficient; and whenever such new $5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 bond is required, he shall perform no official act until such bond shall be given and approved in the man- ner aforesaid. (8) Personnel of the city handling funds. Such bond will be condi- tioned for the faithful performance of their duties and for a true and faithful accounting for all mon- eys that may come into their hands by reason 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 ordinance, shall be approved as to form by the city attorney and be approved by the board of commissioners and shall be filed with the city clerk, except that the city clerk's bond shall be filed with the city treasurer. (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 af- fected; provided, that if a bond in a greater amount is required, the officer or employee is hereby or- dered to increase the amount of bond to meet the amount required. (Code 1966, ~ 2-54) Sees. 2-68-2-75. Reserved. 57 ~ 2-76 SALINA CODE 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, fines, 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 per- son. Thereafter, the board of commissioners, by resolution, shall make findings of fact, a deter- mination as to whether or not assistance will be provided, the type thereof and the estimated amount of expense. (Code 1966, ~ 2-54.1) 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 proceeding 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 con- duct 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 expense. The board of commissioners shall have the right to terminate and revoke by resolution at any time any previous resolution authorizing the payment of an expense without further liability or obliga- tion to any such officer or employee, or third par- ties 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 V. ADMINISTRATIVE DEP ARTMENTS* DIVISION 1. GENERALLY Sec. 2-96. Creation. The board of commissioners shall create such administrative departments as the public business may demand. Sees. 2-97-2-105. Reserved. .State law reference-Creation of administrative depart- ments, K.S.A. 12-1015. 58 . e . e . ADMINISTRATION fi 2-144 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 ordi- nances, contracts, agreements, etc.; attend all meet- ings 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 profes- sional services incident to his office; provided, that business and court cases outside of the county and cases in the district court of the county ex- cept 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 con- cerned 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 at- torney. The city attorney shall assign the duties to the assistant city attorneys. (Code 1966, ~~ 2-107, 2-108) Sees. 2-109-2-120. Reserved. Supp. No.3 DIVISION 3. DEPARTMENT OF PUBLIC HEAL TH* Sec. 2-121. To be prescribed by joint reso- lution. 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. ARTS COMMISSION Sec. 2-144. Established. There is hereby established a Salina Arts Com- mission to promote and encourage public programs to further the development and public awareness of and interest in the city in connection with the artistic and cultural development of the city. (Code 1966, ~ 2-196) .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.; building board of appeals, ~ 8.38; electri. cal board of examiners, ~ 8-96 et seq.; board of examiners for electrical mechanics, ~ 8.133; plumbing board of examiners, ~ 8.202 et seq.; plumbing board of appeals, ~ 8-226 et seq.; city-county emergency preparedness board, ~ 10-16 et seq.; human relations commission, ~ 13-16 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 commission, ~ 29-16 et seq.; North Central regional planning commission, ~ 29-36 et seq.; convention and tourism committee, ~ 37.18; heritage commis. sion, ~ 42.471 et seq.; board of zoning appeals, ~ 42.597. 59 G 2-145 SAUNA CODE Sec. 2-145. Membership; appointment; term. The arts commission shall consist of nine (9) members, who shall be appointed by the mayor, with the approval of the board of commissioners, one of whom shall be a member of the board of commissioners. 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. (Code 1966, ~ 2-197) Sec. 2-146. Organization. The arts 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 board of commissioners. (Code 1966, ~ 2-198) Sec. 2-147. Duties and powers. The arts 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 submit a proposed bud- get therefor to the board of commissioners; 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 individu- als, groups, organizations, and the like or from any agency of the city, county, state or federal government granted or given for a purpose consistent with the purposes of this commission and to expend all funds so re- ceived; (4) To initiate, sponsor or conduct, alone or in cooperation with other public or private agen- cies, public programs to further the develop- Supp. No. 3 ment and public awareness of, and interest in the fine and performing arts; (5) To advise and assist the city in connection with such other artistic activities as may be referred to it by the city; (6) To utilize the services of the director of arts as its executive secretary and such other staff as may be made available to it; (7) To serve as a clearing house for scheduling exhibits, concerts, recitals, lectures and other cultural events that may occur in the com- munity; (8) To generally stimulate, facilitate, coordinate and cooperate with existing organizations for the development of the arts and historical tradition of the city and to initiate programs and proposals of encouragement for promo- tion development of the arts, culture, heri- tage, beauty and tradition of the city. (Code 1966, ~ 2-199) Sees. 2-148-2-160. Reserved. ARTICLE VII. SAUNA ARTS AND HUMANITIES COMMISSION. Sec. 2-161. Commission established. There is hereby established a Salina Arts and Humanities Commission to identify, explore and de- velop this area's sense of community, heritage and vision through the use of artistic and cultural re- sources. (Ord. No. 84-9051, ~ 1, 12-3-84) Sec. 2-162. Membership; appointment, term. The said commission shall consist of ten (10) members, nine (9) of which shall be appointed by the mayor, with the approval of the board of com- missioners, one of whom shall be a member ofthe board of commissioners. One member shall be a *Editor's note-Ord. No. 84-9051, U 1,2, adopted Decem- ber 3, 1984, repealedart. VII, U 2-161, 2-162, in its entirety and replaced it with new provisions. Former ~~ 2-161,2-162, were concerned with investment of temporary idle funds and derived from Code 1966, ~ 2-187, and Ord. No. 80-8788, ~ 1, adopted April 28, 1980. 60 e e e -- e ADMINISTRATION ~ 2-170 member of the board of county commissioners of Saline County appointed by said board. The ini- tial appointments to the commission shall be for one, two (2) and three (3) year terms and thereaf- ter all appointments shall be for a term of three (3) years and until a successor is qualified; pro- vided no person shall be appointed for more than two (2) consecutive full terms. (Ord. No. 84-9051, ~ 1, 12-3-84) 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 or- ganization, 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 humanities, and sub- mit 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 individu- als, groups, organizations, and the like or from any agency of the city, county, state or federal government granted or 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 agen- cies, public programs to further the develop- ment and public awareness of, and interest in the fine and performing arts and the humanities. Supp. No.3 (5) To advise and assist the city in connection with such other artistic and cultural activi- ties 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, coordinate and cooperate with existing organizations for the development of the arts and historical tradition of the city and to initiate programs and proposals of encouragement for promo- tion development of the arts, culture, heri- tage, beauty and tradition 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 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- 61 ~ 2-170 SALINA OODE sary. The city manager shall be authorized to develop administrative procedures to im- plement this article within the intent and spirit of this article. The term "record cus- todians," as used in this article shall in- clude the city manager and any other record custodians. Record custodians shall adopt and apply open public record access and copy procedures consistent with the poli- cies of the city and with the provisions of the Open Records Act. Specifically, such procedures will inform members of the pub- lic of the procedures to be followed in mak- ing a request for inspection or a copy of an open public record, including the hours dur- ing 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 procedures 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 distri- bution. (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 per- son requesting a record. Supp. No.3 (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 custodian. (9) The record custodian shall notify the record requester, prior to commencing search of the record or copies thereof, of his or her 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 may or 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 requests 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 requests for inspection or copying shall be the regular working hours maintained by that department; pro- vided, however, that the regular hours shall not be greater than 8:00 a.m. to 5:00p.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 writ- ten perm.issionof the l'ecord custodian. It sha.ll be lUIJIlawful for any person to fail to 62 . e e e - e ADMlNlSTRATION ~ 2-172 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) 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 inspection requests in accordance with their duties 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 cus- todian and presented to the record custodian. (3) A written request is sufti,cient if it reason- ably describes the record sought. In instances where the requester cannot provide sufficient information to identify a record, the custo- dian 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 following the date that the request is received. Busi- ness days shall be Monday through Friday, inclusive, except for city holidays. (5) In cases where a request for a specific record gives the reoord custodian reason to believe that the record contains information of a per- sonal nature which, if disclosed, would con- stitute an unwarranted invasion of personal privacy, the record custodian shall inform the requester that a seventy-two (72) hour wait- ing period must run before such record may Supp. No.5 be inspected. During that seventy-two (72) hour period, the record custodian shall make every reasonable effort to determine the iden- tity of those persons whose privacy interest may be so affected by disclosure. The record custodian shall attempt to contact such per- sons and ascertain whether they, or any of them, will seek a court order challenging dis- closure. If so, the record custodian shall deny inspection pending the outcome of litigation or an intervening court order. (6) Inspection fee shall be established by resolu- tion adopted by the board of commissioners. (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 pro- tect 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 subject record is likely to cause damage to such records. (4) No copy fee shall be assessed when multiple copies of the record requested have been pre- pared 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 denial to the city manager and the city attorney. (Ord. No. 84-8996, ~ 1, 1-16-84) 63 S 2-173 Sees. 2-173-2-179. Reserved. 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 pub- lic. All rules and regulations and amendments thereof must be approved by the board of com- missioners and filed in the office of the city clerk and the bicentennial center manager prior to implementation. (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, S 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 Salina Busi- ness Improvement District Number 1 of Design Review Board (hereinafter referred to as "the board"). (Ord. No. 86-9163, S 1, 10-20-86) 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 appointed by the mayor with the consent of the governing body. Membership shall at all times include at least one representative of the following categories: Supp. No.5 SALINA CODE (1) Representative of a business within the Busi- ness Improvement District. (2) Property owner within the Business Improve- ment District. (3) Design professional. (Ord. No. 86-9163, S 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 ap- pointment of the mayor with the consent of the governing body. (Ord. No. 86-9163, S 1, 10-20-86) Sec. 2-203. Compensation. The members of the board shall serve without compensation. (Ord. No. 86-9163, S 1, 10-20-86) Sec. 2-204. Officers. The board shall elect one of its members as chairman for a term of one year. The chairman shall preside at all meetings of the board. The board shall elect, in the same manner and for the same term, one of its members as vice-chairman who shall act as chairman during the absence of the chairman. (Ord. No. 86-9163, S 1, 10-20-86) Sec. 2-205. Quorum. Four (4) members of the board shall constitute a quorum for the purpose of conducting the board's business. (Ord. No. 86-9163, ~ 1, 10-20-86) Sec. 2-206. Purpose. The purpose of the board shall be: (1) To advise and make recommendations to the board of city commissioners or Business Im- 64 e e e e . ADMINISTRATION ~ 2-209 provement District Number 1 board of advi- sory 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 Im- provement District Number 1 by regulating, according to proper architectural principles, the design, use of materials, finished grade lines, and orientation of new building con- struction and the alteration, improvement, repair, or demolition of existing buildings throughout the issuance of certificates of com- patibility when proposed plans and specifica- tions warrant. (Ord. No. 86-9163, ~ 1,10-20-86; Ord. No. 88-9298, ~ 1, 1-9-89) 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 outside lighting. (2) An elevation sketch of proposed new and/or altered exterior walls. (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 involv- ing the alteration of exterior structural elements shall be exempt from the requirement of a certifi- cate 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) Supp. No.7 Sec. 2-208. Authorization and findings. Any application for a building permit which relates 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 author- ized 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 presents an aesthetically pleasing overall image. (2) Environmentally harmful effects created by the clash of contemporary materials with those of older origin, are avoided. (3) The distinguishing original qualities or char- acter of a building, structure or site and its environment are not to be destroyed and the removal or alteration of any historical mate- rial or distinctive architectural features is avoided where possible. (4) The proposed use of banners, awnings, or can- opies incorporates the use of appropriate ma- terials, colors and graphics, and is compati- ble with the overall building design. (5) Any proposed demolition includes appropri- ate grading and landscaping of the building site in a manner compatible with the adjoin- ing 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 hearing 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 65 ~ 2-209 SALINA CODE 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 own- ers of the property immediately adjacent to the subject property. (c) The hearing on the application shall be con- ducted 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) 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 con- sideration with or without specific instruction. (Ord. No. 86-9163, ~ 1, 10-20-86) Supp. No.7 [The next page is 111] 66 e e e 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, carryon 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 ~ 3-5 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, ~~ 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 license 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 163] 112 e e e Chapter 4 AIRPORT. Art. I. In General, U 4-1-4-15 Art. II. Airport Authority, ~~ 4-16-4-30 Art. III. Airport Zoning Commission, U 4-31-4-45 Art. IV. Airport Zoning, U 4-46-4-56 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 II. 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) *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.8.A. 27-315 et seq. 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 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 airport authority. (b) Any person violating any of the rules and regulations adopted in accordance with subsection (a) shall be guilty of a misdemeanor. (Code 1966, ~~ 5-5, 5-6) Sees. 4-20-4-30. Reserved. ARTICLE III. AIRPORT ZONING COMMISSION. Sec. 4-31. Created. There is hereby created a commISSIOn to be known as the Salina airport zoning commission. (Code 1966, ~ 5-7) *Cross 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). *Cross reference-Streets, sidewalks and other public places, Ch. 35. State law reference-Aircraft and airfields, K.S.A. Ch. 3. 163 ~ 4-32 SALINA CODE 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 planning 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 Annotated and amendments thereto. (Code 1966, ~ 5-9) Sees. 4-34-4-45. Reserved. ARTICLE IV. AIRPORT ZONING* Sec. 4-46. Short title. This article shall be known and may be cited as "Salina Municipal Airport Zoning Ordinance." (Ord. No. 7039, ~ 1, 1-29-68) Sec. 4-47. 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 .Cross reference-Zoning generally, Ch. 42. State law reference-Airport zoning regulations, K.S.A. 3-701 et seq. center of the airport landing area and so designated. (5) Board of adjustment means the board of directors 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 instrument ap- proach under restricted visibility conditions. (8) Landing area means the area of the airport used for the landing, taking off or taxiing of aircraft. (9) 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. (10) Noninstrument runway means a runway other than an instrument runway. (11) Person means an individual, firm, partner- ship, corporation, company, association, joint stock association, or body politic, and in- cludes a trustee, receiver, assignee, admin- istrator, executor, guardian, or other rep- resentative. (12) Runway means the paved surface of an air- port landing area. (13) Structure means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. (14) Tree means any object of natural growth. (Ord. No. 7039, ~ 2, 1-29-68) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sec. 4-48. Zones. In order to carry out the provisions of this arti- cle, there are hereby created and established cer- tain zones which include all of the land lying 164 e e e AIRPORT within the instrument approach zones, noninstru- ment approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on Salina Municipal Airport Zoning Map consisting of one sheet, prepared by city planning department and dated December, 1967, which is attached to this article and made a part hereof. The various zones are hereby established and de- fined as follows: (1) Instrument approach zone. An instrument 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, widen- ing thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its center line being the continuation ofthe centerline ofthe runway. (2) Noninstrument approach zone. A noninstru- ment approach zone is established at each end of all noninstrument runways for non- instrument landings and takeoffs. The non- instrument 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 five hundred (2,500) feet at a distance of ten thousand two hun- dred (10,200) feet beyond each end of the run- way, its center line 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 (200) feet at a distance of one hundred (100) feet beyond each end of the runway widening thereafter uniformly to a width of five hundred (500) feet at a distance of three thousand one hundred (3,100) feet beyond each end of the runway. (4) Transition zones. Transition zones are here- by established adjacent to each instrument and noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on ~ 4-48 the zoning map. Transition zones extend out- ward from a line two hundred fifty (250) feet on either side of the center line of the nonin- strument runway, for the length of such run- way plus two hundred (200) feet on each end; and five hundred (500) feet on either side of the center line of the instrument runway, for the length of such runway plus two hundred (200) feet in each end, and are parallel and level with such runway center lines. The tran- sition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition 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 upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the hori- zontal and conical zones. Additionally, tran- sition zones are established 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 measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the center line of the runway. (5) Horizontal zone. A horizonta.l zone is hereby established as the area within a circle with its center at the airport reference point and having a radius of thirteen thousand (13,000) feet. The horizontal zone does not include the instrument approach zones and the transition zones. (6) Conical zone. A conical zone is hereby estab- lished as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of seven thou- sand (7,000) feet. The conical zone does not include the instrument approach zones and transition zones. (Ord. No. 7039, ~ 3, 1-29-68) 165 ~ 4-49 SALINA CODE Sec. 4-49. 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 horizontal 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 hun- dred (10,200) feet from the end of the run- way; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway; (2) Noninstrument approach zones. One (1) foot in height for each forty (40) feet in horizontal distance beginning at a point two hundred (200) feet from and at the center line eleva- tion 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; (3) Transition zones. One (1) foot in height for each seven (7) feet in horizontal distance be- ginning at any point two hundred (200) feet normal to and at the elevation of the center line of noninstrument runways, extending two hundred (200) feet beyond each end thereof, and two hundred (200) feet normal to and at the elevation of the center line of the instru- ment runway, extending two hundred (200) feet beyond each end thereof, extending to a height of one hundred fifty (150) feet above the airport elevation which is one thousand two hundred seventy-one (1,271) feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet horizontal 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 inter- sect the horizontal or conical surfaces. Fur- ther, where the instrument approach zone projects through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument ap- proach zone and extending a distance of five thousand (5,000) feet from the edge of the instrument approach zone measured normal to the center line of the runway extended; (4) Horizontal zone. One hundred fifty (150) feet above the airport elevation or a height of one thousand four hundred twenty-one (1,421) feet above mean sea level; (5) Conical zone. One (1) foot in height for each twenty (20) feet of horizontal distance begin- ning at the periphery of the horizontal zone, extending to a height of five hundred (500) 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 con- tour or topographic features, such tree or struc- ture 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. 7039, ~ 4, 1-29-68) Sec. 4-50. 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 or aircraft. (Ord. No. 7039, ~ 5, 1-29-68) Sec. 4-51. Nonconforming uses. (a) Regulations not retroactive. The regulations provided by this article shall not be construed to 166 e e e require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of February 6, 1968 as amend- ed, or otherwise interfere with continuance of any nonconforming use, except as provided in subsec- tion 3 of Section 3-707 of the General Statutes Supplement of 1947, or any amendments thereto; provided, however, that the city may require upon, thirty (30) days' notice in writing any person own- ing and maintaining any nonconforming pole or pole line upon the roads and highways immedi- ately adjoining the airport to remove, 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 altering the pole or pole line; or in lieu thereofto execute a good and suffi- cient bond with corporate surety thereon as secu- rity for the payment of the reasonable and neces- sary expense of removing, lowering, changing, or altering such pole or pole lines. Reasonable and necessary expense of removing, lowering, chang- ing or altering the pole or pole line shall include, among other items of expense, the actual cost of (1) constructing underground conduits and the con- struction of such wires and equipment in such conduits, and (2) rerouting wires together with the poles, cross arms and other equipment con- nected 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 required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the building offi- cial 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 expense of the city. (Ord. No. 7039, ~ 6, 1-29-68) Sec. 4-52. 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 cre- ated unless a permit therefor shall have been AIRPORT ~ 4-52 applied for and granted. Each application for 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 zone and the conical zone, no per- mit shall be required for any tree or struc- ture less than seventy-five (75) feet of verti- cal height above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed 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 struc- ture would extend above the height limit pre- scribed 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 zone, 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, because of terrain, land contour or topographic fea- tures 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 intend- ing 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 4-49. (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 become a greater hazard to air navigation, than 167 ~ 4.52 SALINA CODE it was on February 6, 1968, or on the effective date of any amendment to this article, or than it is when the application for a permit is made. Ex- cept as indicated, all applications for such a per- mit 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) per cent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or oth- erwise 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 un- necessary hardship and the relief granted would not be contrary to the public interest but will do substantial 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 conditioned as to require the owner of the struc- ture 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 nec- essary to indicate to flyers the presence of an airport hazard. (Ord. No. 7039, ~ 7, 1-29-68) Sec. 4-53. 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 de- nied by him. Applications for action by the board of adjustment shall be forthwith transmitted by the building official. (Ord. No. 7039, ~ 8, 1-29-68) Sec. 4-54. 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 enforcement 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 this chapter; 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 pro- vided for in article II of this chapter. (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 pub- lic. The board of adjustment shall keep minutes of its proceedings showing the vote of each mem- ber upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations 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 writ- ten findings of fact and conclusions of law giving the facts upon which it acted and its legal conclu- sions from such facts in reversing, affirming or modifying any order, requirement, decision or de- termination which comes before it under the pro- visions of this article. (e) The concurring vote of a majority of the members of the board of adjustment shall be suf- 168 e e e ficient to reverse any order, requirement, deci- sion or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under this arti- cle, or to affect any variation in this article. (Ord. No. 7039, ~ 9, 1-29-68) Sec. 4-55. 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 the grounds thereof. The building official shall forthwith transmit to the board of adjustment all the papers consti- tuting the record upon which the action 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 AIRPORT ~ 4-56 certificate a stay would, in his opinion, cause im- minent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the building official 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 bv agent or by attorney. (e) The board of adjustment may, in conformity with the provisions of this article, reverse or af- firm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, de- cision or determination, as may be appropriate under the circumstances. (Ord. No. 7039, ~ 10, 1-29-68) Sec. 4-56. Judicial review. Any person aggrieved, or any taxpayer affect- ed, by any decision of the board of adjustment, may appeal to the district court of the county as provided in KSA 3-709. (Ord. No. 7039, ~ 11, 1-29-68) [The next page is 219] 169 e e e - e Chapter 5 ALCOHOLIC BEVERAGES. Art. I. In General, ~~ 5-1-5-15 Art. II. Alcoholic Liquor, H 5-16-5-65 Div. 1. Generally, ~9 5-16-5-35 Div. 2. Retailer's License, 995-36-5-50 Div. 3. Distributor's License, 99 5-51-5-65 Art. III. Cereal Malt Beverages, H 5-66-5-115 Div. 1. Generally, 99 5-66-5-90 Div. 2. Retailer's License, 99 5-91-5-115 Art. IV. Private Clubs and Drinking Establishments, ~~ 5-116-5-150 Div. 1. Generally, 99 5-116-5-135 Div. 2. License, 99 5-136-5-146 Div. 3. Drinking Establishments, 99 5-147-5-150 ARTICLE I. IN GENERAL Sees. 5-1-5-15. Reserved. ARTICLE II. ALCOHOLIC LIQUORt DIVISION 1. GENERALLY See. 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 liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol. (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 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 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 sim- ilar beverages having such alcoholic 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 ofthe Kan- sas Liquor Control Act, being K.S.A. Chap- ter 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 with any alcoholic liquor, or with beer regard- less of its alcoholic content and includes blending. (6) Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, proc- essor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above de- fined or beer regardless of its alcoholic content. tCross references-Alcoholic liquor prohibited in food es- tablishments having entertainment, 9 6-77; alcoholic liquor on premises having billiard and pool tables, 9 6-158; consump- tion of alcoholic liquor in public places, App. A, Charter ord. no. 14. .Cross references-Public intoxication, 9 25-83; using taxicabs to transport liquor, 9 40-70. State law reference-Intoxicating liquors and beverages generally, K.S.A. Ch. 41. Supp. No.7 219 ~ 5-16 SALINA CODE (7) Minor means any person under twenty-one (21) years of age. (8) Nonbeuerage user means every manufacturer of any of the products set forth and described in KS.A. 41-501, when the same contains alcohol or wine, and all laboratories using alcohol for nonbeverage purposes. (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 and includes all sales made by any person, whether princi- (2) 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 (3) 41 of the Kansas Statutes Annotated. "Sell at retail" and "sale at retail" do not refer to or mean sales by a club licensed pursu- ant to article 26 of chapter 41 of the Kan- (4) sas 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 (5) spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. (14) To sell includes to solicit or receive an order (6) for, to keep or expose for sale and to keep with intent to sell. (15) Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits or ber- (7) ries, or other agricultural products, includ- ing such beverages containing added alco- hol or spirits or containing sugar added for Supp. No.7 220 the purpose of correcting natural deficien- cies. (Code 1966, ~ 6-1) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. State law reference-Similar definitions, KS.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 alcoho- lic liquor for the personal use of the posses- sor, his or her family and guests except that the provisions of KS.A. 41-1103 relating to transportation and the provisions of KS.A. 41-407 shall be applicable to all persons; The making of wine, cider, or beer by a per- son from fruits, vegetables or grains, or the product thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker and his or her family; Any duly licensed practicing physician or dentist from possessing or using alcoholic li- quor in the strict practice of his or her profession; Any hospital or other institution caring for the sick and diseased persons, from possess- ing and using alcoholic liquor for the treat- ment of bona fide patients of such hospital or institution; Any drugstore employing a licensed pharma- cist from possessing and using alcoholic li- quor in the compounding of prescriptions of duly licensed physicians; The possession and dispensation 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 The purchase, possession or sale of alcoholic liquor by a club licensed pursuant to KS.A. article 26 of chapter 41. e e e - e ALCOHOLIC BEVERAGES ~ 5-22 (b) None of the provisions of this article shall apply: (1) To flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary or toilet prepa- rations, or food products unfit for beverage purposes, but the provisions of this article shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such prepara- tions and products; (2) To wine intended for use and used by any church or religious organization for sacramen- tal purposes; (3) To the manufacture of denatured alcohol pro- duced in accordance with acts of congress and regulations promulgated thereunder. (Code 1966, SS 6-2, 6-24) State law reference-Similar provisions, K.S.A. 41-104, 41.105. Sec. 5-18. Days, hours when retail sale pro- hibited. No person shall sell at retail any alcoholic li- quor within the corporate limits of the city: (1) On the day of any national, state, county or city election, including primary elections, dur- ing the hours the polls are open; (2) On the first day of the week, commonly called Sunday; (3) On Decoration or Memorial Day, Independ- ence Day, Labor Day, Thanksgiving Day and Christmas Day; (4) Before 9:00 a.m. or after 10:00 p.m. on any day when sale is permitted. (Code 1966, S 6-4) 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, S 6-8) State law reference-Similar provisions, K.S.A. 41-713. Supp. No.7 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 the 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, SS 6-9,6-10) Cross reference-Minors generally, Ch. 21. State law reference-Similar provisions, K.S.A. 41.713. Sec. 5-21. Unlawful acts by minors. No minor shall represent that he is of age for the purpose of asking for, purchasing or receiving alcoholic liquor from any person except in cases authorized by law. No minor shall attempt to purchase or purchase alcoholic liquor from any person. No minor shall possess alcoholic liquor. No person shall knowingly sell, give away, dis- pose of, exchange or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person who is a minor or an incapacitated person, or any person who is physically or men- tally incapacitated by the consumption of such liquor. Any person violating any of the provisions of this section shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be pun- ished by a fine of not more than two hundred dollars ($200.00) or by imprisonment for not to exceed thirty (30) days, or both such fine and imprisonment in the discretion of the court. (Code 1966, SS 6-12-6-16) Cross reference-Minors generally, Ch. 21. State law reference-Similar provisions, K.S.A. 41-715. Sec. 5-22. Sale to be only in original packages. 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 221 ~ 5-22 SALINA CODE liquor; and it shall be unlawful for any person to have in his possession for sale at retail any bot- tles, cask or other containers containing alcoholic liquor, except in original packages. (Code 1966, ~ 6-17) State law reference-Similar provisions, K.8.A. 41-718. Sec. 5-23. Possession, transportation regu- lated. Subject to the limitations hereinafter provided, the possession and transportation of alcoholic li- quor for personal use only shall be legal: (1) Transporting. It shall be unlawful for any person to transport in any vehicle upon a public highway, street or alley, within the corporate limits of the city, any alcoholic li- quor, except in the original package or con- tainer which shall not have been opened and the seal upon which shall not have been bro- ken 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 compartment, or any locked outside compartment which is not accessible to the driver or any other person in said ve- hicle while it is in motion. Any person violat- ing this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than two hundred dollars ($200.00), or by impris- onment for not more than six (6) months or by both such fine and imprisonment. (2) Possessing. It shall be unlawful for any per- son to have in his possession any cask or package of alcoholic liquor without having thereon each mark and stamp required by the Kansas Liquor Control Act, being K.S.A. Chapter 41, Articles 1 through 11; provided, that nothing herein contained shall apply to the possession and transportation of alcoholic liquors by any manufacturer, wholesaler, dis- tributor, retailer, nonbeverage user or com- mon carrier operating pursuant to the provi- sions of the Kansas Liquor Control Act, being K.S.A. Chapter 41, Articles 1 through 11, or to the possession and transportation of wine imported solely for use by any church or reli- Supp. No.7 gious 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. 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 references-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, K.S.A. 41.719. Sec. 5-25. Consumption in the Salina Bicen- tennial Center and Salina Commu- nity Theatre. It shall be lawful to drink, or consume, alco- holic liquor within the confines of the Salina Bi- centennial Center located in Kenwood Park, and the Salina Community Theatre, located at 303 East Iron Avenue, at such times and in such places as approved by the rules and regulations adopted for the operation of the Salina Bicentennial Cen- ter and Salina Community Theatre, respectively. (Code 1966, ~ 6-25; Ord. No. 88-9259, ~ 1,6-27-88) 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 of- fered for sale or kept for sale by the drink or in any quantity of less than two hundred (200) milli- liters (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 pur- suant to K.S.A. article 26 of chapter 41. Any per- son violating the provisions of this section 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) and by imprisonment 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. 222 e e e - e ALCOHOLIC BEVERAGES ~ 5-36 DIVISION 2. RETAILER'S LICENSE* Sec. 5-36. State retailer's license required. Alcoholic liquor at retail within the corporate limits of the city unless such person shall be li- *Cross reference-Licenses generally, Ch. 20. State law reference-Licensing of alcoholic liquor, K.S.A. 41-301 et seq. Supp. No.7 222.1 - e -- e - e ALCOHOLIC BEVERAGES ~5-65 censed therefor under the provisions of the Kan- sas Liquor Control Act, being K.S.A. Chapter 41, Articles 1 through 11. (Code 1966, ~ 6-4) Sec. 5-37. State retailer's license prerequisite to city license. A holder of a license for the retail sale of alco- holic 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 re- tailer's license. Any person having a state license to retail al- coholic 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 there- of, 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 occupation tax by any procedure authorized by law. (Code 1966, ~ 6-6) Secs. 5-40-5-50. Reserved. Supp. No.4 DIVISION 3. DISTRIBUTOR'S LICENSE* Sec. 5-51. State distributor's license pre- requisite to city license. The holder of a license as an alcoholic liquor distributor issued by the state director of alco- holic 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 di- rector of alcoholic beverage control, and the tax shall be paid within ten (10) days after the issu- ance of any license unto any such distributor, or any renewal of a license issued unto such distrib- utor by the state director of alcoholic beverage control. (Code 1966, ~ 6-18) Sec. 5-53. Penalty for violations by dis- tributors. Any firm, copartnership, association or corpo- ration having a state license as an alcoholic li- quor 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, 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 procedure au- thorized by law. (Code 1966, ~ 6-20) Secs. 5-54-5-65. Reserved. *Cross reference-Licenses generally, Ch, 20, State law reference-Licensing of alcoholic liquor, K.S,A, 41-301 et seq, 223 ~ 5-66 SALINA CODE 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 fermented but undistilled liquor brewed or made from malt or from a mixture of malt/or malt sub- stitute, but does not include 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 individu- als, finns, copartnerships, corporations and as- sociations which sell or offer for sale any bev- erage referred to in this article, to persons, copartnerships, corporations and associations authorized by this article to sell cereal malt beverages at retail. (6) Legal age for consumption of cereal malt bever- age 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 reference-Definitions and rules of construction gen- erally, ~ 1-2. State law reference-Similar definitions, K.S.A. 41-2701. Sec. 5-67. Hours, days sales and consumption 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 *Cross reference-Cereal malt beverage licenses, App. A, Charter ord. no. 10. State law reference-Cereal malt beverages, KS.A. 41-2701 et seq. Supp. No.4 6:00 a.m. or on Sunday or on the day of any national, state, county or local elections includ- ing primary elections, during hours the polls are open, within the political area in which such elec- tion is held. (Code 1966, ~ 6-48) State law reference-Similar provisions, KS.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 bev- erages upon the public streets, alleys, roadways or highways, or inside any vehicle while upon the public streets, alleys, roads or highways. (Code 1966, ~ 6-49) Cross references-Consumption of alcoholic liquor in pub- lic 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 reference-Similar provisions, KS.A. 41-2704. 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 ce- real malt beverages are sold unless the premises are currently licensed as a club. (Code 1966, ~ 6-52) State law reference-Similar provisions, KS.A. 41.2704. Sec. 5.71. Furnishing to persons under legal age. No person shall, knowingly or unknowingly, sell, give away, dispose of, exchange and/or deliv- er, 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, K.S.A. 41-2704. 224 e e e - e ALCOHOLIC BEVERAGES 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, K.S.A. 41.2704. Sec. 5-72.1. Possession of cereal malt bever- age by a person under legal age for consumption. It shall be unlawful for any person under the legal age for consumption of cereal malt bever- ages to have any cereal malt beverages in his or her possession. (Ord. No. 85-9098, ~ 2, 9-23-85) Cross reference-Minors generally, Ch. 21. State law reference-Similar provisions, K.S.A. 41-2704. 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 off his premises only, or to places where the major income is from the sale of food for consumption on the premises, or a premise 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) Sec. 5-75. Intoxication and disorderly conduct. No licensee shall sell or use or give away or permit the sale or use or giving away within or upon such licensed premises by any person, of Supp. No.4 ~ 5-78 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 dis- orderly 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 person 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 sanitation. Every place of business licensed under this ar- ticle 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 dis- ease. (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 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- 225 S 5-78 SALINA CODE 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 po- lice officer or any other officer of the city, furnish to any such officer without compensation at least two (2) samp1es 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 dis- tributor, 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 brew- ers to sell, deliver or distribute cereal malt bev- erages 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, furnish, give, pay for, loan or lease any furnishings, fixture or equip- ment on the premises of a place of business of a retailer; b. Directly or indirectly pay for any retailer's license or advance, fur- nish, lend or give money for pay- ment of such license; c. Purchase or become the owner of any note, mortgage or other evi- dence of indebtedness of a retailer or any form of security therefor; Supp. No.4 d. Directly or indirectly be interested in the ownership, conduct or oper- ation of the business of any retail- er; 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 defined 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 decora- tions other than signs, costing in the aggregate more than one hundred dollars ($100.00) in any one calendar year for use in or about or in connec- tion with anyone establishment on which prod- ucts of the manufacturer, distributor or whole- saler are sold. (d) No person engaged in the business of manu- facturing, 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 in- fringement of the provisions of this section, shall be 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. (f) No wholesaler or distributor shall sell any cereal malt beverage to any person who has not 226 e e e - e ALCOHOLIC BEVERAGES ~ 5-81 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 whole- saler's or distributor's application for a license pursuant to K.S.A. 79-3837, and any amendments thereto, except that if any wholesaler or distribu- tor shall refuse to sell any cereal malt beverage or provide service in connection therewith to any retailer located within such wholesaler's or dis- tributor's geographic territory, it shall be lawful for any other wholesaler or distributor to sell any such cereal malt beverage to such retailer. (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 wholesaler for the payment of any Supp. No.4 226.1 . e e e - e 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: (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- 227 ~ 5-92 SAUNA 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. KS.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, KS.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, KS.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 e e e - e ALCOHOLIC BEVERAGES 9 5-102 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.4 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 of K.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; 229 ~ 5-102 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 cen- sumption on the premises. nO) 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 reo 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, S 6-56; Ord. No. 85-9087, S 5, 8-12-85) State law reference-Similar provisions, KS.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, S 6-58) State law reference-Similar provisions, KS.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. KS.A. 41-2708. Sees. 5-105-5-115. Reserved. 230 e e e - e ALCOHOLIC BEVERAGES 9 5-116 ARTICLE IV. PRIVATE CLUBS AND DRINKING EST ABLISHMENTS* 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 e e e 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 ~ 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 ~ &-119 SALINA 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 KS.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 KS.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, KS.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 KS.A. 41-805. State law reference-Similar provisions, KS.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, iIicest, 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, KS.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- 232 e e e e e ALCOHOLIC BEVERAGES 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, KS.A. 41.2613. Sec. 5-123. Hours of operation. No club shall allow the serving, mixing or con- sumption of alcoholic liquor on its premises be tween the hours of 3:00 a.m. and 9:00 a.m. on any day other than a Sunday nor between the hours of 3:00 a.m. and 12:00 noon on a Sunday. State law reference-Similar provisions, KS.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 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. Supp. No.7 ~ 5-139 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, carryon 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, KS.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 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, ~ 3, 8-22-88) State law reference-Authority for levy of license fee, K.S.A. 41.2622. .Cross reference-Licenses generally, Ch. 20. 233 ~ 5-140 SALINA CODE 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; (3) 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; (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; Supp. No.7 (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; (10) 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; (11) 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, may be issued to a person who has a beneficial interest in other clubs located in licensed food ser- vice establishments, if not less than fifty (50) percent of the gross receipts on each such club and food service es- tablishment are derived from the sale of food for consumption on the prem- ises of such club and food service es- tablishment. (14) Eligibility of copartners. A copartnership, unless all of the copartners are entitled to obtain a license; 234 e e e e e ALCOHOLIC BEVERAGES (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 pre- ferred stock of such corporation would be ineligible to receive a club license hereun- der for any reason other than citizenship and resident requirements; (16) Foreign corporation. A corporation organ- ized 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. The license issued under this division shall not be transferable under any circumstances from one person to another or to any firm, copartnership, or association, containing members not included in the membership of the original applicant and such license shall not be transferable by the same licensee from one location to another without the consent of the board of commissioners and upon such conditions as the board of commissioners may prescribe. (Code 1966, ~ 6-84) 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 Supp. No.7 ~ 5-146 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 lieensee for anyone or more of the fol- lowing reasons. (1) The licensee has fraudulently obtained the license by giving false information in the ap- plication 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 regu- lations relating to the operation of clubs; (3) The licensee has become ineligible to obtain a license; (4) Drunkenness of the licensee club's manager or employee while on duty, or the licensee club, its manager or employee has permitted any disorderly person to remain in the licensed premises; (5) Violation on the club premises of any provi- sion of the laws of this state, or of the United States, pertaining to the sale of intoxicating or alcoholic liquors or beverages or any crime involving a "morals charge" as defined in subsection (b) of K.S.A. 41-2610 and amend- ments thereto; (6) The purchase and display in the licensed prem- ises by the licensee club, its managing offi- cers or any employee of a federal wagering occupational stamp issued by the United States Treasury Department; (7) The purchase and display in the licensed prem- ises 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 United States Treasury Depart- ment; (8) The licensee holding a club license has been found guilty of a violation of article 10 of chapter 44 of the Kansas Statutes Annotated 235 ~ 5-146 SALINA CODE 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 au- thorized by such license within the city without first obtaining a city license from the city clerk. (Ord. No. 87-9228, ~ 1, 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 issued by the state director of alcoholic beverage control, which fee shall be paid upon enactment of this division for existing drinking establish- ments with state licenses, before business is begun under an original state license and within five (5) days after any renewal of a state license. (b) All applications for new or renewal city li- censes 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 con- flicts with any zoning or alcoholic beverage ordi- nances 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- Supp. No.7 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 provi- sions of this article, the governing body of the city, upon five (5) days' written notice to the per- son holding such license to sell alcoholic liquor, may permanently 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 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 ex- ceed subsections (1) and (2) of this section. (Ord. No. 87-9228, ~ 1, 12-28-87) [The next page is 287] 236 e e e e e Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. AMUSEMENTS AND ENTERTAINMENT Chapter 6 In General, H 6-1-6-15 Carnivals, Circuses and Tent Shows, H 6-16-6-45 Div. 1. Generally, ** 6-16-6-30 Div. 2. License, ** 6-31-6-45 Public Dances, H 6-46-6.75 Div. 1. Generally, ** 6-46-6-55 Div. 2. License, ** 6-56-6-75 Entertainment in Food Establishments, H 6-76-6-105 Div. 1. Generally, ** 6-76-6-85 Div. 2. License, ** 6-86-6-105 Arcades, H 6-106-6-130 Div. 1. Generally, ** 6-106-6-115 Div. 2. License, ~* 6-116-6-130 Music Machines, H 6-131-6-155 Div. 1. Generally, ** 6-131-6-140 Div. 2. License, ** 6-141-6-155 Billiards and Pool Tables, H 6-156-6-170 Div. 1. Generally, ** 6-156-6-165 Div. 2. License, ** 6-166-6-170 ARTICLE I. IN GENERAL Sec. 6-1. Licensing of amusements generally. (a) There shall be required pursuant to chapter 20 a license for each of the following amusements or entertainment: (1) Amusement devices (any miniature pool or billiard tables or shuffieboard devices of any character upon which metallic, plastic or other metal discs are cast or any other amusement device not otherwise provided for in this Code); (2) Bowling alleys; (3) Fortunetellers, clairvoyants, etc. (any person occupied for any time as a fotuneteller, clair- voyant, mind reader, phrenologist, palmist, astrologist or advertising as any of such); (4) Skating rinks; (5) Theaters, drive-in theaters and opera houses. (b) License fees under this section shall be as prescribed in section 2-2. (Code 1966, ~~ 7-69, 20-42, 20-48, 20-58, 20-65, 20-68) Cross reference-Licenses generally, Ch. 20. Sees. 6-2-6-15. Reserved. Supp. No.7 ARTICLE II. CARNIVALS, CIRCUSES AND TENT SHOWS DIVISION 1. GENERALLY Sec. 6-16. Definitions. 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 attrac- tions or amusements in which merry-go-rounds, ferris wheels, riding devices and other amuse- ment 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 pub- lic, commonly operated and known as carni- vals, or as parts thereof, whether advertised 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 exhibi- tion of wild animals, trained animal acts, and 287 ~6-16 SALINA CODE 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, apd the term "circus" shall also include me- nageries, wildwest shows, dog and pony shows and other similar exhibitions, whether oper- ated alone or in connection with circuses hav- ing the other features hereinabove mentioned, or similar thereto, and the term "circus" shall also include any street parade shown or op- erated in the city and the unloading and/or moving of circus eql).ipment, exhibits and par- aphernalia in the city and along or over the streets thereof, in connection with a circus which is shown outside the city. (3) Tent shows shall be deemed to include theat- rical, dramatic or operatic performances, or entertainments, or concerts, whether operated in a tent or in the open, or in any temporary or permanent building or structure unless the same is in a regularly licensed opera house, theater or motion picture theater; pro- vided, that this article shall not apply to en- tertainments, concerts or musical exhibitions given by any church, school, lodge or other society or organization of the city when the proceeds thereof are exclusively for the bene- fit of charity or for the benefit of such church, school, lodge or organization, and where no part of such proceeds goes to any private in- dividual or corporation, except in payment of labor actually performed or for property or materials actually furnished for use in con- nection with such performance, concert or en- tertainment. (Code 1966, ~ 7-18) Cross reference-Definitions and rules of construction gen- erally, * 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 regu- lations of the city. (Code 1966, ~ 7-19) Supp_ No.7 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 pos- session, upon the premises occupied by any cir- cus, carnival or tent show within the city, any gambling device or game of chance. (Code 1966, ~ 7-24) Cross reference-Gambling generally, * 25-176 et seq. Sec. 6-19. Reserved. Editor's note-Ord. No. 88-9249, S 1, adopted May 9,1988, repealed S 6-19 in its entirety. Former S 6-19, concerning lewd, indecent or obscene performances, derived from the Code of 1966, S 7-25. Sees. 6-20-6-30. Reserved. DIVISION 2. LICENSE* Sec. 6-31. Required. No person shall engage in, pursue, conduct or carryon 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 li- cense is desired; the name of the owner thereof; the name under which the same is operated, con- ducted or shown; the permanent address or resi- dence of such owner; the location of the place .Cross reference-Licenses generally, Ch. 20. 288 e e e AMUSEMENTS AND ENTERTAINMENT 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 ordi- nances of the city relating thereto. Such applica- tion shall be accompanied by the original or du- plicate of the permit issued to such applicant. (Code 1966, * 7-21) 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 cir- cus, 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. 6-34-6-45. Reserved. ARTICLE III. PUBLIC DANCES DIVISION 1. GENERALLY Sec. 6-46. Defined. The term "public dance" as used in this article and in other ordinances of the city shall mean any dance to which the public is invited or to which any admission fee is charged under any form or guise whatsoever, whether paid at the door, on the floor, or in the form of a subscription or whether paid before or after the dance, under the guise of dues or assessments, and where ad- mission is secured by invitation or otherwise, ex- cept as hereafter provided; it being the intent of this article to define as a public dance any dance held within the city at any dance hall or audito- rium, except one which may be given by one or more individuals at his or their own expense (as hereinafter limited) and except a dance to which no invited guest is required to pay any admission fee' or charge in any guise or at any time, and except one which may be given by a bona fide ~ 6-57 club, society or other organization, having a per- manent membership, and which only the regular bona fide members of such club, society or orga- nization and not to exceed one outside guest of the opposite sex for each member are permitted to attend together with any bona fide guest who may reside outside of the city; provided, that no charge shall be made for any such guest in any guise or form, and further excepting such other dances as may be specifically provided for herein. (Code 1966, ~ 7-36) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sec. 6-47. Proximity to residences. No public dance hall shall be operated, and no public dance shall be given, and no public danc- ing as defined in section 6-56 or as otherwise now or hereafter provided by ordinance, shall be per- mitted in any building which is located within fifty (50) feet of any dwelling house or other build- ing occupied exclusively for residence purposes, within the city. (Code 1966, ~ 7-49) Cross reference-Zoning, Ch. 42. Sees. 6-48-6-55. Reserved. DIVISION 2. LICENSE* Sec. 6-56. Required. It shall be unlawful for any person, club, soci- ety or organization or the members, officers or directors thereof to conduct or operate any public dance or any dance hall or room or other place where public dancing is permitted in connection with the serving of food or drinks, whether or not any charge is made for such dancing in addition to the charge made for food and drinks served in any such place, which for the purposes of this article and other ordinances of the city shall be deemed a public dance hall, without first secur- ing a license. (Code 1966, ~ 7-48) Sec. 6-57. Application. Before any license required by this division is issued, the person, club, society or organization or the members, officers or directors thereof, apply- *Cross reference-Licenses generally, Ch. 20. 289 ~ 6-;)7 SALINA CODE ing for the same, shall file with the city clerk an application for such license which shall state the name of the applicant and the location of the place where any such public dance is to be given, or where any such public dance hall is to be oper- ated, or where any such public dancing is to be permitted, with such additional details with re- spect thereto as may be required by the city clerk. (Code 1966, S 7-50) Sec. 6-58. Fee. The fee for a license under this division shall be as prescribed in section 2-2. (Code 1966, S 7-50) Sec. 6-59. Issuance, denial. If, upon the filing of an application under this division and the payment of the license fee, it appears to the city clerk that under the provi- sions of this article and other ordinances of the city, the applicant is entitled to a license, the city clerk may issue such license to such applicant, or if the city clerk is not satisfied from such applica- tion that the applicant is entitled to a license, he shall refer such application to the board of com- missioners, who shall either approve or reject such application. If the application is approved by the board of commissioners, the city clerk shall issue such license, and if the application is rejected no license shall be issued, and the amount deposited with the city clerk as a license fee shall be re- turned to the applicant. (Code 1966, S 7-52) Sec. 6-60. When license shall not be issued. No license required by this division shall be issued to or permitted to be held by any person who is not of good moral character, or for the operation or conduct of any public dance or public dance hall or for any public dancing in any place where the ordinances of the city or the laws of the state are violated. (Code 1966, S 7-55) Sec. 6-61. Revocation. The board of commissioners shall have the right at any time, if the board is satisfied that any licensee is violating any of the provisions of this article or any other ordinance of the city, or that any public dance or dancing is being conducted contrary to the provisions of this article or any other ordinance of the city, to revoke any license issued hereunder, whether the same was issued with or without the approval of the board of com- missioners. (Code 1966, S 7-53) Sees. 6-62-6-75. Reserved. ARTICLE IV. ENTERTAINMENT IN FOOD ESTABLISHMENTS. DIVISION 1. GENERALLY Sec. 6-76. Hours limited; Sunday operation. It shall be unlawful for any person providing entertainment pursuant to a license issued under this article to provide such entertainment on the first day of the week, commonly known as Sun- day, or between the hours of midnight and 6:00 p.m. on any day. (Code 1966, S 7-94) Sec. ~77. Alcoholic liquor; disorder; gambling. It shall be unlawful for the holder of a license under this article to sell or keep for sale or free distribution any alcoholic liquor or to permit any alcoholic liquor to be kept or used in or about the premises, or to permit any disorder in or about the premises, or to permit any gambling in or about the premises. (Code 1966, S 7-95) Cross references-Alcoholic liquor generally, ~ 5-16 et seq.; gambling generally, ~ 25-176 et seq. Sees. 6-78-6-85. Reserved. DIVISION 2. LICENSEt Sec. 6-86. Required. It shall be unlawful for any person to provide entertainment in a restaurant, cafe or cafeteria in any place in the city without first securing a license therefor as in this division. (Code 1966, S 7 -91) Sec. 6-87. Application. Any person desiring a license under this divi- sion shall make application therefor in writing, .Cross reference-Food and food handlers, Ch. 16. tCross reference-Licenses generally, Ch. 20. 290 e e e - e AMUSEMENTS AND ENTERTAINMENT over his signature, to the city clerk. Such applica- tion shall state the precise nature and form of the entertainment to be provided in the place of busi- ness of the applicant and no other type of enter- tainment shall be permitted under that license. (Code 1966, ~ 7-92) Sec. 6-88. Fee. The fee for a license under this division shall be as prescribed in section 2.2. (Code 1966, ~ 7-91) Sec. 6-89. Approval or denial. The city manager may approve the license or deny the issuance thereof if he deems the appli- cant therefor not of good character or the type of entertainment to be provided under the license to be detrimental to public morals or decency; pro- vided, that if such license is refused, the appli- cant may appeal to the board of commissioners who may, in their discretion, grant or refuse such license. (Code 1966, ~ 7-92) Sec. 6-90. Issuance. If the city manager shall deem the applicant to be a fit person and the type of entertainment to be provided under the license not to be detrimen- tal to public morals or decency, and shall approve such application, the city clerk shall, upon pay- ment of the license fee herein provided for, issue such license. (Code 1966, ~ 7-93) Sec. 6-91. Suspension. Every license issued under the prOVISIOns of this division may, in the event of the violation of any of the provisions of this article by the licens- ee, be suspended by the city manager; provided, that upon such suspension the licensee may ap- peal such suspension to the board of commission- ers. (Code 1966, ~ 7-96) Sec. 6-92. Revocation. Every license issued under the provisions of this division shall be revocable and cancelable by the board of commissioners upon proof of: (1) Substantial or consistent violations of any of the provisions hereof; Supp. No.7 ~ 6-118 (2) Lack of good character of the holder of the license; or (3) Entertainment provided by the licensee that is detrimental to public morals or decency. (Code 1966, ~ 7-97) Sees. 6-93-6-105. Reserved. ARTICLE V. ARCADES. DIVISION 1. GENERALLY Sec. 6-106. Defined. An arcade is hereby defined, for the purpose of this article, as any place or business within the city wherein twenty-five (25) or more pinball ma- chines, marble table games, rental table games, amusement devices, shuffieboards, photoelectric cell operated amusement devices, miniature pool tables or any other amusement devices of any kind or type are set up or kept for operation. (Code 1966, ~ 7-108) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sees. 6-107-6-115. Reserved. DIVISION 2. LICENSE* Sec. 6-116. Required. It shall be unlawful for any person to operate an arcade without first having and procuring a license therefor as provided in this division. (Code 1966, ~ 7-109) Sec. 6-117. Fee. The fee for a license under this division shall be as prescribed in section 2-2. (Code 1966, ~ 7-110) Sec. 6-118. Issuance, form. The licenses provided for in this division shall be issued by the city clerk, with the corporate seal of the city affixed thereto, and shall recite the number of the license, the name of the person to whom issued, the amount paid therefor and a .Cross reference-Licenses generally, Ch. 20. 291 ~6-1I8 SALINA CODE general description of the machines to be oper- ated in the arcade. (Code 1966, ~ 7-114) Sec. 6-119. Revocation. Any license issued pursuant to this division shall be revoked by the city manager upon con- viction of any licensee hereunder of any offense against the ordinances of the city, the laws of the state, excepting minor traffic offenses, or laws of the United States of America. (Code 1966, ~ 7-115) Sees. 6-120-6-130. Reserved. ARTICLE VI. MUSIC MACHINES DIVISION 1. GENERALLY Sec. 6-131. Reserved. Editor's note-Ord. No. 6-131, ~ 1, adopted May 9, 1988, repealed ~ 6-131 in its entirety. Former ~ 6-131 was concerned with obscene and indecent words or music, and derived from the Code of 1966, ~ 7-130. Sees. 6-132-6-140. Reserved. DIVISION 2. LICENSE* Sec. 6-141. Required. It shall be unlawful for any person to maintain or operate or permit to be maintained or operated within the city, either as principal, agent, lessee, licensee, owner or in any other capacity, any music playing machine or device operated by depositing coins or tokens, without first having secured a license from the city clerk to engage in such busi- ness, trade or occupation, and for the keeping, maintaining and operating of any such device. (Code 1966, ~ 7-126) Sec. 6-142. Fee. The fee for a license under this division shall be as prescribed in section 2-2. (Code 1966, ~ 7-127) Sec. 6-143. Contents of licenses. Every license issued under this division shall show the name of the licensee, and a description of the machine. (Code 1966, ~ 7-129) .Cross reference-Licenses generally, Ch. 20. Supp. No.7 Sec. 6-144. Transferability. Licenses under this division may be transfer- red from one machine to another while operated by the licensee at the same location. (Code 1966, ~ 7-129) Sees. 6-145-6-155. Reserved. ARTICLE VII. BILLIARDS AND POOL TABLES DIVISION 1. GENERALLY Sec. 6-156. Age of players. It shall be unlawful for the owner, manager, keeper, or person in charge of any place described in this article to permit or allow any person under the age of eighteen (18) years to play at or take part in any game in such place or to loiter or congregate in or about such place; provided how- ever, that persons under the age of eighteen (18) years may be permitted to play at or take part in games in any such place or to be in such place if the owner of such place shall operate any busi- ness where persons under eighteen (18) years of age are permitted on the premises. (Code 1966, ~ 7-73) Cross reference-Minors generally, Ch. 21. Sec. 6-157. Profane, indecent language; riotous, disorderly conduct. It shall be unlawful for the owner, manager, keeper or person in charge of any pool or billiard hall to knowingly permit the use of profane or indecent language or to permit any riotous or 292 e e e AMUSEMENTS AND ENTERTAINMENT disorderly conduct in such place. (Code 1966, ~ 7-74) Cross references-Offenses against the public peace, * 25-81 et seq.; offenses against public morals, * 25-136 et seq. Sec. 6-158. Permitting alcoholic liquor, dis- order or gambling. It shall be unlawful for the owner, manager, keeper or person in charge of any pool or billiard hall to sell or keep for sale or free distribution any alcoholic liquors or to permit any alcoholic liquor to be kept or used in or about the premises, or to permit any disorder in or about the premis- es, or to permit any gambling in or about the premises. (Code 1966, ~ 7-75) Cross references-Alcoholic liquor generally, * 5-16 et seq.; gambling generally, * 25-176 et seq. Sec. 6-159. Connecting rooms. It shall be unlawful for the owner, manager, keeper or person in charge of any pool or billiard hall to permit such place to be connected with any other separate room or compartment either in the same or any adjoining building, unless the connecting doorways or passageways between such premises and any such room or compartment shall be at all times kept open and free from any door, gate or other device which may be shut or locked, and there shall be no door, gate or other device capable of being shut or locked between any such pool or billiard hall and any such adjoining room, except that this section shall not apply to a room designated for and used solely for toilet purposes. (Code 1966, ~ 7-76) Sees. 6-160-6-165. Reserved. DIVISION 2. LICENSE* Sec. 6-166. Required. It shall be unlawful for any person to have, keep or maintain, for hire or profit, in any place in the city, billiard or pool tables, without first securing a license therefor as in this division pro- vided. (Code 1966, ~ 7-68) "'Cross reference-Licenses generally, Ch. 20. ~ 6-170 Sec. 6-167. Application. Any person desiring a license under this divi- sion shall make application therefor in writing, over his signature, to the city clerk. Such applica- tion shall state the number of billiard and pool tables to be set up, kept and used; the location of the room or rooms in which such devices are to be set up and used. (Code 1966, ~ 7-70) Sec. 6-168. Fee. (a) The fee for a license under this division shall be as prescribed in section 2-2. (b) The license fee herein made payable shall be based upon each and every billiard and/or pool table kept or maintained in place of business for which such licenses are paid unless such table is actually dismantled and rendered unfit for use as a billiard or pool table. (Code 1966, ~ 7-68) Sec. 6-169. Suspension. Every license issued under the prOVISIOns of this division may, in the event of the violation of any of the provisions of this article by the licens- ee, be superseded by the city manager; provided, that upon such suspension the licensee may ap- peal to the board of commissioners for redress. (Code 1966, ~ 7-77) Sec. 6-170. Revocation. (a) Every license issued under the provisions of this division shall be revocable and cancellable at the pleasure of the board of commissioners, irre- spective of any other provision contained in this article for the revocation of any such license; pro- vided, however, that if such revocation or cancella- tion shall be made by the board of commissioners without or prior to the conviction of the owner or manager of such pool or billiard hall for any vio- lation of this article, the pro rata portion of the license fee for the unexpired term of the license shall be returned to the person who shall have paid the same. (b) Upon conviction of any person to whom a license as provided for in this division shall have 293 ~ 6-170 SALINA CODE been issued, or upon the conviction of any man- ager, keeper or person in charge of any pool or billiard hall licensed under this division, or any employee thereof, of any such violation, or upon the conviction of any :such person of selling or keeping for sale or free distribution, or of using or permitting the keeping or use of any alcoholic liquors, or of permitting any gambling in or about the premises, or upon the conviction of any other person upon the charge of gambling in or about the premises, the board of commissioners may revoke such license. Mter any such revocation, no license shall at any time thereafter be granted or issued to any such person so convicted, or in whose premises any such act was committed. (Code 1966, ~~ 7-78, 7c80) [The next page is 345] 294 e e e Chapter 7 ANIMALS. Art. I. In General, ~~ 7-1-7-15 Art. II. Administration and Enforcement, H 7-16-7-30 Art. III. Restrictions On Owning Animals, H 7-31-7-45 Art. IV. Responsibilities of Persons Owning Animals, ~~ 7-46-7-70 Art. V. Animal Protections Responsibility of All Persons, H 7-71- 7-90 Art. VI. Registration of Cats and Dogs, H 7-91-7-115 Art. VII. Licensing of Commercial Animal Establishments, H 7-116- 7-135 Art. VIII. Impoundment, Recovery and Adoption of Animals at Animal Shelter, H 7-136-7-140 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: (1) Animal means any live, vertebrate creature, domestic or wild, other than humans, and including all fowl. (2) Animal hospital means any facility which has the primary function of providing med- ical and surgical care for animals and is operated by a currently licensed veterinarian. (3) Animal shelter means the facility or facili- ties 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) Cat means any member of the Felis Catus Family, male or female, regardless of age. (5) Catterie means any establishment where more than four (4) purebred cats, registered under any nationally recognized cat fancy group, society or association, are kept as a hobby or profit, where the breeding of such animals is for the improvement 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 *Cross reference-Animals prohibited in parks, ~ 27-17. "1-3" (heavy industrial) 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. (6) Chief of police means the duly appointed, highest ranking officer in charge of the po- lice department or his authorized represen- tatives. (7) Commercial animal establishment means any pet shop, grooming shop, auction, ri- ding stable, guard dog service, kennel, hobby breeder, catterie, animal shelter, other than that operated by the city, animal hospital, business keeping animals in stock for re- tail or wholesale trade, or any establish- ment performing one or more of the princi- pal activities of the aforementioned estab- lishments. (8) Dog means any member of the Canis Familiaris, male or female, regardless of age. (9) Fowl means any animal that is included in the zoological class Aves. (10) Health officer means the city-county health officer, or his authorized representatives, including any employee of the city-county health department. 345 ~ 7-1 SALINA CODE (11) 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, furthermore, provides a fenced and/or totally enclosed exercise area; and provided, furthermore, that such animals are, at all times, kept in the fenced or en- closed area, except when under the personal and immediate control of the owner. To be considered 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. (12) Household means all persons living in the same dwelling unit. (13) Humane live animal trap means any cage trap that upon activation encloses an ani- mal without placing any physical restraint upon any part of the body of such animal. (14) Humane officer means any staff person em- ployed at the city animal shelter. (15) Humanely euthanize means the proper in- jection of a substance that quickly and pain- lessly terminates the life of an animal, or any method approved by the American Veter- inary Medical Association. (16) Inhumane or cruel treatment or manner means any treatment to any animal which deprives the animal of necessary sustenance, including sufficient and wholesome food, potable water and protection from weath- er, or any treatment of any animal such as overloading, overworking, tormenting, beat- ing, mutilating or teasing, or other abnor- mal treatment that causes suffering to such animal. (17) 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-I" (agricultural), "1-2" (light indus- trial), or "1-3" (heavy industrial) zoning 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. (18) Large animal means any swine, bovine, goat, sheep, beast of burden or any other domes- tic or wild animal of similar or larger size. (19) Neutered means any male or female cat or dog that has been permanently rendered sterile. (20) Own or owner means any person who feeds or shelters any unowned animal for twenty- four (24) or more consecutive hours or who professes ownership of such animal, shall be deemed to be owning. If a minor owns an animal, then any household head of which such minor is a member shall be deemed the owner of such animal under this chap- ter and shall be responsible as the owner, whether or not such household head is him- self a minor. If not a member of a house- hold, such minor shall be directly subject to the provisions of this chapter. (21) Premises means any parcel of land and any structure thereon in which any animal regu- lated by this chapter is housed and/or confined. (22) Proper tattoo means a legible, indelibly- marked social security number fixed upon the upper, inner right thigh of a cat or dog by the humane insertion of pigment under the skin. (23) Registration tag means any system of ani- mal identification approved by the city clerk which does not involve alteration or per- manent marking of any animal. (24) Small animal means any animal not within the definition of large animal, but includ- ing all dogs without reference to size. 346 e e e - e (25) Summons means a violation notice requir- ing the violator to appear before the munici- pal judge, or in lieu of such appearance, to pay such fine as is prescribed in this chapter. (26) Supervisor. The use of this title throughout this chapter shall be a reference to the su- pervisor of animal control and protection and any or all humane officers assigned to work under the direct control of the supervi- sor of animal control and protection who may act through staff to perform any duty under this chapter unless otherwise specif- ically stated. (27) Wild animal means any animal which is predominately free-roaming as opposed to domesticated. (Ord. No. 80-8794, ~ 1(8-1), 4-28-80; Ord. No. 80-8801, ~ 1,7-21-80) Cross reference-Definitions and rules of construction gen- erally, ~ 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 ex- clude 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 after notice is given. For the occasional removal of small animals from private premises, there shall be no charge. Supp. No.1 ANIMALS P-4 (e) For the removal of small, dead animals from animal hospitals, the animals shall be reported to the supervisor and held under conditions satis- factory to the supervisor pending pickup. The charge for such removal shall be established by resolu- tion. (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 registra- tion or rabies vaccination tag or having a proper tatoo marking shall be taken at once by the su- pervisor or the chief of police 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 or tattoo shall be examined at once by the supervisor and held at the animal shelter as prescribed in sec- tion 7-138. (Ord. No. 80-8794, ~ 1(8-137),4-28-80) 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 spe- cific penalty or penalty range is provided by an- other 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 imprisonment, at the discretion of the court. Each day any violation of this chapter continues shall constitute a separate offense. (b) Any person issued a sumn'ons for any of the following sections of this chapter: Sec. 7-47. Proper identification of cats and dogs required See. 7-48. Running at large prohibited; exemptions Sec. 7-49. Animal nuisance activities prohibited Sec. 7-50. Excessive animal noise prohibited 347 ~ 7.4 SALINA CODE 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 summons: (1) First offense: $15.00; (2) Second offense: $30.00. (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. 7-46. Animal care requirements and prohibi. tion of animal cruelty 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. 7-71. Cruelty generally See. 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 committing such offense shall be deemed to have pleaded nolo contendere and no prosecution for the alleged of- fense for which the alleged offender has so settled shall be thereafter instituted or maintained in municipal court. (e) If the alleged offender fails to pay the req- uisite 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. <D If the alleged offender shall have previously twice settled out of court and/or been convicted of such offense, he/she shall not be permitted to set- tle the current alleged offense out of court, but Supp. No.1 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. (Ord. No. 80-8794, ~ 1(8-148), 4-28-80) Sees. 7-5-7-15. Reserved. 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 i.nvestigative 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 police department offi- cers to enforce the provisions of this chapter and any regulations issued by the health officer, and to assist the supervisor in enforcing the provi- sions 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 as- signed to be supervised by the health officer. The health officer shall issue standing and/or emer- gency regulations for rabies control; zoonosis con- trol; the control or elimination of animal pests; and animal bite procedures that the officer finds necessary to protect the public health, which reg- ulations shall be filed with the city clerk, the supervisor and the chief of police. (Ord. No. 80-8794, ~ 1(8-14), 4-28-80) .Cross reference-Administration, Ch. 2. 348 e e e -- e Sec. 7-19. Enforcement procedures. (a) The supervisor, the health officer and chief of police are hereby authorized to issue a sum- mons 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 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 su- pervisor of all recovery fees established by resolution. (c) In the interest of animal welfare, any per- son owning any animal in the city by so doing does thereby authorize the supervisor, the health officer, or chief of police to enter upon private property, other than within any 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 examining such animal and impounding such an- imal at the animal shelter when, in the examin- er's opinion, 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 ob- servation requirements prescribed by regulation 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 con- stitutes a nuisance to persons or a threat to the public health or the health of domestic animals. Supp. No.6 ANIMALS ~ 7-31 CD It is unlawful for any person to interfere with the duty of the supervisor, the chief of po- lice, 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 enforcement officer, when such officer has prob- able cause to believe that such person has vio- lated this chapter; or in any other manner pre- venting the lawful discharge of enforcement du- ties 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 of any wild, poisonous or vi- cious animal within the city limits is hereby pro- hibited, except for those wild animals kept under the permit of the Kansas Fish and Game Com- mission or the United States Fish and Wildlife Service, or any animal used for educational pur- poses. The court shall have the authority to de- clare an animal vicious because of the inherently dangerous nature of the animal as to persons, its history of attack or wounding of persons, the se- riousness of these attacks or wounds, and its po- tential to inflict wounds in the future. Such dec- laration shall be grounds for the impoundment and humane euthanizing of the animal unless, without danger to the public, the animal can be and is removed from the city within forty-eight (48) hours. If it is determined by the chief of police that an animal presents a danger to persons, such determination shall be grounds for impoundment of the animal pending the determination by the court of whether the animal is to be declared vicious. (b) The owning of any fowl, other than domes- tic chickens and pigeons, within the city limits is hereby prohibited, except for caged birds kept as pets within a residence structure. 349 ~ 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 that horses which are used for riding pur- poses only may be stabled within the city limits only in designated areas which have been given a special permit for the purpose by the board of commissioners. Such designated areas, for the pur- pose of health and sanitation, shall be under the supervision of the health officer. If at any time such designated areas shall become a nuisance or a flybreeding or rat-infested area, the health offi- cer shall have the authority to revoke such spe- cial permit within ten (10) days after notifying the board of commissioners. (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) 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. (a) It shall be unlawful for any person in charge of a residence to own more than four (4) dogs or four (4) cats, or any combination of such animals exceeding four (4) in number, over the age of ninety (90) days at such residence unless the residence or all of the dogs and cats kept there are within one or more of the following exemptions: (1) The residence is licensed as a commercial animal establishment; (2) The residence is zoned "A-1" (agricultural), "1-2" (light industrial), or "1-3" (heavy industrial); (3) All of the dogs and cats over ninety (90) days of age kept at the residence are registered as required under this chapter and the person in charge of the residence upon the request of the supervisor, the health officer, or chief of police, presents for inspection, the certificates of registry for all such animals showing con- tinuous registration for all such animals from June 1, 1980, onward. Supp. No.6 (b) It shall be unlawful for any person in charge of a residence to own more than fifteen (15) do- mestic chickens. (c) Any kennel, catterie or hobby breeding es- tablishment shall be limited in size to no more than twenty (20) animals over four (4) months of age. (d) When animals in excess of the limits estab- lished in this section are found at a residence, all of the animals found at the residence may be removed by the supervisor and impounded, ex- cept that the person in charge of the residence may designate and retain up to those limits es- tablished in this section. (Ord. No. 80-8794, ~ 1(8-27), 4-28-80) Sec. 7-33. Location of yard housing for ani. mals. 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 anywise used by any person, other than the dwelling occupied by the owner of the animals. Any yard housing for animals shall be subject to the maintenance re- quirements prescribed in section 7-58, and any yard enclosure shall be so constructed and main- tained that any animal kept therein is securely confined and prevented from escaping therefrom. (Ord. No. 80-8794, ~ 1(8-28), 4-28-80) 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 report from the health officer, the board of com- missioners may grant the applicant permission to keep bees upon his premises within the city lim- 350 e e e - e its upon such terms and conditions as it may specify. Any permit granted by the board of com- missioners hereunder shall be subject to revoca- tion in the event said applicant shall fail to com- ply 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 gen- eral welfare of the residents of the city. (Code 1966, ~ 23-166) Supp. No.6 ANIMALS 97-34 350.1 . e e e - e ANIMALS Sees. 7-35-7-45. Reserved. ARTICLE IV. RESPONSIBILITIES OF PERSONS OWNING ANIMALS Sec. 746. 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 protec- tion from the weather, which shall include a structurally sound, weatherproof enclosure large enough to accommodate the animal; oppor- tunity 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, ,. abandon" means for the owner or keeper to leave any animal without demonstrated or apparent in- tent 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 out 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 suf- fering, disability or death to such animal. (b) A'ny 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 enti- tled to regain custody of such animal only after such custody is authorized by the court. All ex- penses 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) Supp. No.2 ~ 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 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) Sec. 7-48. Running at large prohibited; ex- emptions. It shall be unlawful for the owner of any ani- mal 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 residence 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 pre- vent its getting onto public rights-of-way or an- other's property. This provision shall not apply to dogs being obedience-trained. to domestic pigeons, or to cats, which shall, however, be kept under reasonable restraint to prevent such nuisance ac- tivities as are prohibited in section 7-49. (Ord. No. 80-8794, ~ 1(8-41), 4-28-80) Sec. 7.49. Animal nuisance activities pro- hibited. (a) The owner of any animal shall take all rea- sonable measures to keep such animal from becom- ing a nuisance. For the purpose of this provision, "nuisance" is defined as any animal which: (1) Molests or interferes with persons in the pub- lic right-of-way; (2) Attacks or injures persons, or other domestic animals; (3) Damages public or private property by its activities or with its excrement; (4) Scatters refuse that is bagged or otherwise contained; (5) Causes any condition which threatens or en- dangers the health or well-being of persons or other animals. 351 ~ 7.49 SALINA CODE (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~. Excessive animal noise prohibited. It shall be unlawful for the owner of any ani. mal to permit such animal to make excessive noise that disturbs a neighbor. The following definitions and conditions shall apply to this provision: (1) The phrase, "excessive noise" shall mean any animal noise which is so loud and con- tinuous or untimely as to disturb the sleep or peace of a neighbor. (2) The term, "neighbor" shall mean any person residing in a residence structure which is within one hundred (100) yards of the property on which the animal is owned. (3) If a summons is issued charging violation of this section, a subpoena shall also be issued to the disturbed neighbor to testify to the disturbance under oath. (Ord. No. 80-8794, ~ 1(8-43), 4-28-80) Sec. 7-51. Proper confinement of cats and dogs in heat required. The owner of any female cat or dog shall, dur- ing 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 endan- ger 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 su- Supp. No.2 pervisor 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) Sec. 7-53. Annual registration of cats and dogs required; exemption. Any person owning any cat or dog over one hundred twenty (120) days of age shall annually 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 estab- lishment under the controls and provisions of ar- ticle vn of this chapter. (Ord. No. 80-8794, ~ 1(8-46), 4-28-80) Sec. 7-54. Rabies vaccination of cats and dogs required. Any person owning any cat or dog over ninety (90) days of age shall be required to have such animal currently immunized against rabies. For the purpose of this chapter, "currently immunized or vaccinated against rabies" shall mean that such cat or dog has been inoculated against ra- bies by a licensed veterinarian within the past thirty-six (36) months. However, cats and dogs under one year of age which are inoculated must receive a second rabies inoculation within twelve (12) months. This provision shall not apply to any catterie breeder duly licensed under the provisions of this chapter. (Ord. No. 80-8794, ~ 1(8-47),4-28-80; Ord. No. 83-8964, ~ 1,6-6-83) Sec. 7-55. Animals in public buildings pro- hibited; exemptions. No animal shall be allowed to enter any thea- tre, 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 pro- vision. Card. 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 ani- 352 I e e e - e Secs. 7-35-7-45. Reserved. ARTICLE IV. RESPONSIBILITIES OF PERSONS OWNING ANIMALS Sec. 746. 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 protec- tion from the weather, which shall include a structurally sound, weatherproof enclosure large enough to accommodate the animal; oppor- tunity 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, ,. abandon" means for the owner or keeper to leave any animal without demonstrated or apparent in- tent 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 out 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 suf- fering, disability or death to such animal. (b) Any animal impounded for being kept in violation of this section or section 7-71 may be humanely euthanized by the supervisor ifhe deems it necessary to relieve suffering. The owner of any animal that is not euthanized shall be enti- tled to regain custody of such animal only after such custody is authorized by the court. All ex- penses 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) Supp. No.7 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 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) Sec. 7-48. Running at large prohibited; ex- emptions. It shall be unlawful for the owner of any ani- mal 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 residence 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 pre- vent its getting onto public rights-of-way or an- other's property. This provision shall not apply to dogs being obedience-trained, to domestic pigeons, or to cats, which shall, however, be kept under reasonable restraint to prevent such nuisance ac- tivities as are prohibited in section 7-49. lard. No. 80-8794, ~ 1(8-41),4-28-80) Sec. 7-49. Animal nuisance activities pro- hibited. (a) The owner of any animal shall take all rea- sonable measures to keep such animal from becom- ing a nuisance. For the purpose of this provision, "nuisance" is defined as any animal which: (1) Molests or interferes with persons in the pub- lic right-of-way; (2) Attacks or injures persons, or other domestic animals; (3) Damages public or private property by its activities or with its excrement; (4) Scatters refuse that is bagged or otherwise contained; (5) Causes any condition which threatens or en- dangers the health or well-being of persons or other animals. 351 ~ 7.49 SALINA CODE (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, 9 1(8-42),4-28-80) Sec. 7-50. Excessive animal noise prohibited. It shall be unlawful for the owner of any ani. mal to permit such animal to make excessive noise that disturbs a neighbor. The following definitions and conditions shall apply to this provision: (1) The phrase, "excessive noise" shall mean any animal noise which is so loud and con- tinuous or untimely as to disturb the sleep or peace of a neighbor. (2) The term, "neighbor" shall mean any person residing in a residence structure which is within one hundred (100) yards of the property on which the animal is owned. (3) If a summons is issued charging violation of this section, a subpoena shall also be issued to the disturbed neighbor to testify to the disturbance under oath. (Ord. No. 80-8794, 9 1(8-43), 4-28-80) Sec. 7-51. Proper confinement of cats and dogs in heat required. The owner of any female cat or dog shall, dur- ing 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, 9 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 endan- ger 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 su- Supp. No.7 pervisor and shall list all premises to be guarded with the supervisor before such service begins. (Ord. No. 80-8794, 9 1(8-45), 4-28-80) Sec. 7-53. Annual registration of cats and dogs required; exemption. Any person owning any cat or dog over one hundred twenty (120) days of age shall annually 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 estab- lishment under the controls and provisions of ar- ticle VII of this chapter. (Ord. No. 80-8794, 9 1(8-46), 4-28-80) 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 required to have such animal currently immunized against rabies. For the purpose of this chapter, "currently immunized or vaccinated against rabies" shall mean that such cat or dog has been inoculated against ra- bies by a licensed veterinarian within the past thirty-six (36) months. However, cats and dogs under one year of age which are inoculated must receive a second rabies inoculation within twelve (12) months. This provision shall not apply to any catterie breeder duly licensed under the provisions of this chapter. (Ord. No. 80-8794, 9 1(8-47),4-28-80; Ord. No. 83-8964, 9 1, 6-6-83; Ord. No. 88-9260, 9 1,7-11-88) Sec. 7-55. Animals in public buildings pro. hibited; exemptions. No animal shall be allowed to enter any thea- tre, 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 pro- vision. (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 ani- 352 e e e ANIMALS mal on public walks, streets, recreation areas, or private property and it shall be a violation of this 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 def- ecation occurred. (Ord. No. 80-8794, ~ 1(849),4-28-80) Sec. 7-57. Owner shall meet requirements for reporting animal bites. Any owner of any animal shall also meet any requirements for the reporting of animal bites, the confinement of animals that have bitten per- sons, or any other duties prescribed by the health officer through regulations issued to protect the public health. (Ord. No. 80-8794, ~ 1(8-54), 4-28-80) 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 neighbor; 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 yards shall be so lo- cated that adequate drainage is obtained, normal drying 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 sanitation deficiencies within twenty-four (24) hours after notice is served on him. Any animal kept under any condition which could endanger the ~ 7.74 public or animal health or create a health nui- sance may be impounded. Animals shall be re- leased after fees are paid and cause for impound- ment has been corrected. (Ord. No. 80-8794, ~ 1(8-51), 4-28-80) Sees. 7-59-7-70. Reserved. ARTICLE V. ANIMAL PROTECTION RESPONSIBILITY OF ALL PERSONS* Sec. 7-71. Cruelty generally. No person shall willfully and wantonly kill, beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse any animal, or cause, insti- gate or permit any dog fight, cock fight, or other combat between animals or between aniIllals and humans, nor shall any person attend such unlaw- ful 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) Sec. 7-74. Selling of certain animals pro- hibited. It shall be unlawful for any person to sell within the city any animal whose owning is prohibited by this chapter or to sell or display any animal that has been artificially dyed or colored. Chicks or rabbits younger than eight (8) weeks of age may not be sold or offered for sale in quantities of .State law reference-Injury to a domestic animal, K.S.A. 21.3727. 353 ~ 7-74 SALINA CODE fewer than five (5) to an individual purchaser. (Ord. No. 80-8794, ~ 1(8-62),4-28-80) Sec. 7-75. Expos.ing 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 ani- mal, 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 and mice traps. (Ord. No. 80-8794, ~ 1(8-62), 4-28-80) 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 or con- sent 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 reporting the possession of such animal to the supervisor. (Ord. No. 80-8794, ~ 1(8-62), 4-28-80) Sees. 7-79-7.90. Reserved. ARTICLE VI. REGISTRATION OF CATS AND DOGS Sec. 7-91. Required. 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 annually. The city clerk may dele- gate authority to the supervisor to enforce any sections of this chapter requiring registration. (Ord. No. 80-8794, ~ 1(8-73),4-28-80) 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 annual registration fees for cats and dogs shall be determined by resolution. (b) As proof of neutering or tatooing, an appli- cant 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 as being used as a seeing eye or hearing dog. (Ord. No. 80-8794, ~ 1(8-75), 4-28-80) Sec. 7-94. Procedure. 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 dur- ing 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 re- quired 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 li- censed veterinarian within the prescribed period prior to the date of registration; 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 con- stitute a certificate of registry and evidence of 354 e e e authorization for the keeping of such cat or dog within the city, for one year following the date of issuance. (Ord. No. 80-8794, ~ 1(8-78),4-28-80) 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 house- hold head. (Ord. No. 80-8794, ~ 1(8-79),4-28-80) Sec. 7-98. Tags. (a) At the time of the issuance of any certifi- cate of registry, the city clerk shall deliver there- with a registration tag bearing the registration number of such certificate. The tag shall be kept on the animal as required in section 7-47. (b) A replacement tag shall be furnished by the city clerk to any registrant upon application sat- isfactory to the clerk and payment of a fee to be established by resolution. (c) Upon change of animal ownership, any per- son acquiring any cat or dog currently registered with the city shall apply to the city clerk to trans- fer such registration to his name and no fee shall be charged. (Ord. No. 80-8794, ~ 1(8-80),4-28-80) Sec. 7-99. Registration assistance by vet- erinarians and registration rec- ords. 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 upon request by such veterinarians. (Ord. No. 80-8794, ~ 1(8-81), 4-28-80) 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 in- formation: The owner's name, address, and tele- ANIMALS ~ 7-103 phone number; an alternate telephone number; a description of the cat or dog, including name, breed, color, age, weight, sex and neutered or unneutered status; notation of proper tatoo marking, if appli- cable; 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 monthly reports of new registrations and reports of licenses 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 rein- statement. (a) Withholding or falsifying information on a license or registration application shall be grounds for denial or revocation of such license or reg- istration. (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. 355 ~ 7-103 SALINA CODE (c) No person who has been convicted of cruelty 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, re- voke the license or registration. (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. CD Any person whose license or registration is revoked shall, within ten (10) days thereafter sur- render any animal owned or kept to the supervi- sor, 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 revo- cation of a license or registration may appeal to the board of commissioners, which body may ei- ther issue, reinstate, or affirm the denial of such license or registration. (Ord. No. 80-8794, ~ 1(8-110), 4-28-80) Sees. 7-104-7-115. Reserved. ARTICLE VII. LICENSING OF COMMERCIAL ANIMAL EST ABLISHMENTS 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 estab- lishment without being licensed for that activity as provided in this article. (Ord. No. 80-8794, ~ 1(8-94), 4-28-80) .Cross reference-Licenses generally, Ch. 20. Sec. 7-117. Application. Any person desiring to obtain or annually renew a license to operate a commercial animal estab- lishment 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. (b) No license fee shall be required of the ani- mal 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 recommenda- tion with the city clerk. If the application is ap- proved by the health officer, the city clerk shall issue the applicant a license to operate the activ- ity 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 establishments shall not be transferable. (Ord. No. 80-8794, ~ 1(8-99), 4-28-80) Sec. 7-121. Expiration; renewal. All licenses shall expire one year from the date of issuance. Licensees shall be advised by written notice of the city clerk sixty (60) days prior to the license expiration date, for the purpose of license 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 con- tinuous licensing. (Ord. No. 80-8794, ~ 1(8-97), 4-28-80) 356 e e e e e ANIMALS Sec. 7-122. Denial, revocation and rein- statement. (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. (c) No person who has been convicted of cruelty 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 com- ply with the terms and conditions of such license, or if the activity licensed becomes a nuisance, health hazard, detriment to the safety and wel- fare of residents of the city. (D Any person whose license is revoked shall, within ten (10) days thereafter surrender any an- imal owned or kept to the supervisor, who shall determine its disposition, and no part of the li- cense fee shall be refunded. (g) Any person aggrieved by the denial or revo- cation 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) Sees. 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 ra- bies vaccination tag or having a proper tattoo Supp. No.2 ~ 7-138 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. (Ord. No. 80-8794, ~ 1(8-121), 4- 28-80) Sec. 7-137. Owner of impounded animal may be processed against for violation of any applicable section or sec- tions. 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 ofthis chapter. (Ord. No. 80-8794, ~ 1(8-122), 4-28-80) Sec. 7-138. Period for holding animals. (a) The owner of any impounded cat or dog prop- erly identified as prescribed in section 7-136 shall be given five (5) business days to recover such animal. The owner of any impounded cat or dog not so identified shall be given three (3) business days to recover such animal. Exemptions to these holding periods shall be authorized when: (1) Any cat or dog is given to be disposed of by its owner; (2) Any owner, upon notification of impound- ment, declares his intention not to recover such animal; or (3) Any cat or dog not having proper identifica- tion arrives at the shelter in such a condition that, in the judgment of the supervisor, com- passion requires that such animal be promptly and humanely euthanized. (b) The owner of any animal given to the su- pervisor to be disposed of shall be required to make payment of a fee established by resolution. (c) Any cat or dog not recovered by its owner within the prescribed holding period shall become the property of the city and may be adopted, trans- ferred to a duly incorporated humane society, or humanely euthanized. (Ord. No. 80-8794, ~ 1(8-123), 4-28-80) 357 ~ 7-139 SALINA CODE 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. 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 (12) month period shall be responsible for paying all applica- ble fees, and shall be issued a summons. (Ord. No. 80-8794, ~ 1(8-124), 4-28-80) Supp. No.2 Sec. 7-140. Procedure and fees for adopting animals. (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 requirements. (Ord. No. 80-8794, ~ 1(8-125), 4-28-80; Ord. No. 83-8964, ~ 2, 6-6-83) [The next page is 409) 358 - e e e Chapter 7.5 AUCTIONS AND AUCTIONEERS Sec. 7.5-1. Licensing. (a) Licenses shall be required under chapter 20 for the following: (1) Auctioneers (not including the proprietors or managers of auction rooms); (2) Auction rooms or consignment auctions (operators); (3) Vehicle auctions at wholesale (business of selling at auction wholesale new or used au- tomobiles or trucks). (b) License fees under this section shall be as prescribed in section 2-2. (Code 1966, ~~ 20-38, 20-39, 20-69) Cross reference-Licenses generally, Ch. 20. [The next page is 459] 409 - e e e - e Chapter 8 BUILDINGS AND STRUCTURAL APPURTENANCES. Art. I. In General, It 8-1-8-15 Art. II. Building Codes Advisory and Appeals Board, H 8-16-8-35 Art. III. Building Code, It 8-36-8-50 Art. IV. Reserved, U 8-51--8-Q Art. V. Electrical Code, II 8-66-8-175 Div. 1. Generally, U 8-66-8.75 Div. 2. Administration and Enforcement, H 8-76-8.110 Subdiv. I. In General, n 8.76-8-95 Subdiv. II. Reserved, ~~ 8.96-8-110 Div. 3. Electrical Contractors, H 8.111-8-130 Div. 4. Electrical Mechanics, n 8-131-8.150 Div. 5. Permits and Inspections, H 8-151-8-175 Art. VI. Plumbing Code, It 8-176-8-245 Div. L Generally, H 8.176-8-200 Div. 2. Plumbers, H 8-201-8-225 Div. 3. Reserved, ~~ 8-226-8-245 Art. VII. Gas Code, II 8-246-8-280 Div. 1. Generally, H 8.246-8-255 Div. 2. Gas Fitters, H 8.256-8-280 Art. VIII. Mechanical Code, It 8-281-8-330 Div. 1. Generally, U 8.281-8-290 Div. 2. Mechanical Contractors, ~~ 8-291-8-310 Div. 3. Permits and Inspections, n 8-311-8.330 Art. IX. Code for Abatement of Dangerous Buildings, ~~ 8-331--8-350 Art. X. Demolition, Removal or Relocation of Buildings, It 8-351- 8-380 Div. 1. Generally, U 8-351-8.360 Div. 2. Permit, U 8-361-8-380 Art. XI. Sign Code, II 8-381--8-400 Art. XII. Fences, Walls and Hedges, It 8-401-8-425 Art. XIII. Elevators and Elevator Installation, It 8-426-8-460 Div. 1. Generally, U 8-426-8-435 Div. 2. Elevator Contractors, U 8-436-8-445 Div. 3. Permits and Inspections, U 8-446-8-460 Art. XIV. Private Swimming Pools, It 8-461-8-475 Art. XV. Sandblasting, It 8-476-8-489 Div. 1. Generally, II 8-476-8-485 Div. 2. Permit, ~~ 8-486-8-499 Art. XVI. Structures Damaged by Fire or Explosion, H 8-500-8-507 ARTICLE I. IN GENERAL 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. 8-1. Payment of fees. All fees required to be paid by this chapter shall be paid to the city clerk and no permit re- quired hereunder shall be valid until the fee there- for has been paid to the city clerk. (Code 1966, ~ 9-5) -Cro.. 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.7 459 ~ 8-3 SALINA CODE Sec. 8-3. Notices of violations. 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) Sees. 8-4-8-15. Reserved. ARTICLE II. BUILDING CODES ADVISORY AND APPEALS BOARD* Sec. 8-16. Created. There is hereby created the building codes ad- visory 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 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 twelve (12) members, including one of each of the following: (1) Licensed architect. (2) Licensed structural engineer. (3) Att.orney. (4) Realtor. (5) Plumbing contractor. (6) Master or journeyman plumber. (7) Electrical contractor. (8) Master or journeyman electrician. (9) Licensed mechanical engineer. *Editor's note-Ord. No. 86-9164, ~ 1, 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 references-Administration, Ch. 2; boards and com- missions generally, ~ 2-136 et seq. Supp. No.7 (10) Heating and air-conditioning contractor. (11) Home building contractor. (12) General contractor. (Ord. No_ 86-9164, ~ 1, 11-3-86) Sec. 8-18. Appointment and term. Members of the board shall be appointed by the mayor, with the consent of the board of city com- missioners. 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 ap- pointments shall be for a four-year term. No mem- ber shall serve more than two (2) consecutive terms. (Ord. No. 86-9164, ~ 1, 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 of its members as chairman for a term of one year. The chairman shall preside at all meetings of the board. The board shall elect, in the same manner and for the same term, one of its members as vice-chairman who shall act as chairman during the absence of the chairman. (Ord. No. 86-9164, ~ 1, 11-3-86) Sec. 8-21. Quorum. Seven (7) members of the board shall constitute a quorum for the purpose of conducting the board's business. (Ord. No. 86-9164, ~ 1, 11-3-86) Sec. 8-22. Purpose. The purpose of the board shall be to: (1) Study all uniform codes and local ordinances adopted by the city regarding the residential and commercial building industry. (2) Make recommendations to the board of city commissioners regarding any updating of t.he city building codes. (3) Act in an advisory capacity to the board of city commissioners on any requests for ordi- nance changes affecting the city building codes. 460 - e e e - e BUILDING'S. STRUCTURAL APPURTENANCES ~ 8.37.1 (4) Serve as a board of appeals to hear any ap- peal from a code interpretation by the chief building official. (5) Recommend rules and regulations to be adopted by resolution of the board of city commission. ers regarding the examination and licensure of plumbers, electricians, and gas fitters, in- cluding rules and regulations: a. Governing the conduct and grading of such examinations; and b. Prescribing the requirements for passage of examinations. (Ord. No. 86-9164, ~ 1, 11-3-86) 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 form provided by that office. The appeal shall then be placed on the agenda of the next regu- larly scheduled meeting of the board. (Ord. No. 86-9164, ~ 1, 11-3-86) Sec. 8-24. Meetings. The board shall determine its own meeting sched- ule. Special meetings of the board may be called at the discretion of the chairman or the vice- chairman in the event the chairman is unavail- able to consider the request for a special meeting. (Ord. No. 86-9164, ~ 1, 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 stand- ards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city and 'cer- tain equipment specifically regulated therein, that Supp. No.7 certain building code known as the Uniform Build- ing Code, recommended and published by the In- ternational Conference of Building Officials, being particularly the 1985 edition thereof, including all appendices thereto, except as modified by sec- tion 8.36.1 of the Salina Code, of which not fewer than three (3) copies have been, and now are filed in the office of the city clerk and the same are hereby incorporated as fully as if set out at length herein and the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the cor. porate limits of the city.(Code 1966, ~ 9-19; Ord. No. 82-8921, ~ 1, 8-2-82; Ord. No. 85-9088, ~ 1, 8-12.85) State law reference-Authority to incorporate standard codes by reference, K.S.A. 12-3009 et seq. Sec. 8-36.1. Permit fees. The fee for each permit or inspection required by the Uniform Building Code, 1985 edition, shall be as set forth in a fee schedule adopted pursuant to section 2.2 of the Salina Code in lieu of the provision specified in section 304(a) and (h) of the Uniform Building Code, 1985 edition. (Ord. No. 85-9088, ~ 2, 8-12-85) 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 designated by the city manager to administer this article. (h, 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) Cross reference-Definitions and rules of construction gen- erally. ~ 1.2 Sec. 8-37.1. Amendment of Section 713(f) of Chapter 7 of the appendix to the Uniform Building Code. Section 713(f) of Chapter 7 of the appene.ix of the Uniform Building Code is hereby amended to read as follows: 461 ~ 8-37.1 SALINA CODE "(f) Public address/warning system. Covered mall buildings exceeding fifty thousand (50,000) square feet in area shall be provided with a public address/warning system that is accessi. ble to the fire and emergency preparedness de- partments. When a public address/warning sys- tem is provided, it shall be made accessible to the fire and emergency preparedness depart. ments." (Ord. No. 82-8922, ~ 1,8-2-82) Editor's note-Ord. No. 82-8922, ~ 1, adopted Aug. 2,1982, amended the 1966 Code with the addition of a new ~ 9.18.1. At the discretion of the editor, said provisions have been included as ~ 8-37.1 of this Code. Sec. 8-38. Amendment of Section 1210 of Chap- ter 12 of the Uniform Building Code. Section 1210 of Chapter 12 of the Uniform Build- ing Code is hereby amended to read as follows: (a) Smoke detectors. Every dwelling unit and every guest room in a hotel, lodging house, apart- ment house, or mobile home used for sleeping purposes 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 pur- poses. In an efficiency dwelling unit, hotel sleep- ing room, and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be lo- cated in accordance with approved manufactur- er's instructions. When activated, the detector shall provide an alarm in the dwelling unit or guest room. In new construction, required smoke detec- tors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be perma- nent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings, or in buildings without commercial power. A smoke detector shall be installed in the basement of dwelling units having a stairway Supp. No.7 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. (b) Inspections. Whenever a permit is issued by the Permits and Inspection Division for any alteration, addition or repair to a Group R, Di- vision 1 or 3 occupancy, a code enforcement inspection shall be conducted by the building inspection staff to determine compliance with this section. 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 a warrant or an order of the municipal court or the district court authorizing the inspection. (c) Enforcement. (1) In case of fire. Should a fire occur in any dwelling unit or structure, and that dwell- ing unit or structure is found not to be equipped with approved and operable smoke detectors as required herein, the owner and/or occupant, if the occupant is or may be re- sponsible for the violation, shall be charged with a violation of this section. In addition, the owner and/or occupant shall be issued a "Notice to Comply." (2) Inspection. Should an inspection made pur- suant to subparagraph (b) of this section reveal that a dwelling unit or structure is not equipped with approved and operable smoke detectors as required herein, the owner and/or occupant, if the occupant is or may be responsible for the violation, shall be issued a "Notice to Comply." (3) Notice to comply. The owner and/or occu- pant given such "Notice to Comply" shall be allowed ten (10) days in which to comply with this section. A reinspection will be made following expiration of the ten (10) day compliance period within fourteen (14) days. If, upon inspection, it is found that compliance has not been completed, the owner and/or occupant of the property shall be charged with violation of this section. Each seven (7) days thereafter shall constitute a 462 - e e e e . BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-78 separate violation for which subsequent charges will be issued. (d) Violations. Violation of this section shall be a misdemeanor. (Ord. No. 88-9230, ~ 1, 1-25--88; Ord. No. 88-9261, ~ 1, 8-1-88) Editor's note-Ord. No. 86-9164, ~ 2, adopted November 3, 1986, repealed former ~ 8-38 in its entirety. Former ~ 8-38, concerning the board of appeals, derived from the Code of 1966, ~ 9-1. Sees. 8-39-8-50. Reserved. ARTICLE IV. RESERVED. Sees. 8-51-8-65. Reserved. ARTICLE V. ELECTRICAL CODE DIVISION 1. GENERALLY Sec. 8-66. National Electrical Code adopted. The installation of electrical wiring and appa- ratus for the utilization of electric current shall be made in accordance with the 1984 Edition of the National Electrical Code as published and sponsored by the National Fire Protection Asso- ciation, 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 now are 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) State law reference-Authority to incorporate standard codes by reference. K.SA 12.3009 et seq. Sec. 8.67. National Electrical Safety Code adopted. Installation, maintenance and repair of electri. cal wiring, apparatus and appurtenances thereto coming within the scope of the National Electri- cal Code shall be performed according to the rules and regulations as set out in the 1977 edition of the National Electrical Safety Code. Not fewer -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. Supp. No.7 than three (3) copies have been, and now are filed in the office of the city clerk. (Code 1966, ~ 9-180) State law reference-Authority to incorporate standard codes by reference, K.S.A. 12-3009 et seq. Sec. 8-68. Reserved. Editor's note-Ord. No. 84-8991, ~ 1, adopted Jan. 9, 1984, repealed ~ 8-68. Said former section was relative to service entrances and derived from Code 1966, ~ 9-181. Sees. 8-69-8-75. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENTt Subdivision 1. In General Sec. 8-76. Qualifications of inspector. The electrical inspector shall be a competent electrician, and shall be well versed in the rules and requirements of the National Electrical Code, this article and the electrical ordinances of the city. (Code 1966, ~ 9-108) Sec. 8-77. Reserved. Sec. 8-78. Building oflicial acting as inspector. If the electrical inspector is unable to perform his duties, or in the case of a vacancy, the city manager may direct the building official to carry out the duties of the electrical inspector. In such event however, the building official shall receive no further or other salary or remuneration than that due him as the building official. (Code 1966, ~ 9-110) tCross reference-Administration, Ch. 2. 462.1 . e e e - e BUILDINGS, STRUCTURAL APPURTENANCES !l8-85 Sec. 8-79. General duties of inspector. The electrical inspector shall have general su- pervision over the placing and installation of all electric light, heat and power wires, raceways, fixed and stationary appliances, conductors, ap- paratus, 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 article and the ordinances of the city governing the place- ment of electric wiring and appliances therein. (Code 1966, ~ 9-111) Sec. 8-80. Enforcement by inspector. It shall be the duty of the electrical inspector to enforce the provisions of this article and any other ordinances concerning electric wiring or appara- tus. (Code 1966, ~ 9-112) Sec. 8-81. Inspector to decide questions. The electrical inspector shall decide all ques- tions not provided for in this article pertaining to installation, operation or maintenance of electric wiring and apparatus. (Code 1966, ~ 9-113) Sec. 8-82. Removal of wires, turning off of current in case of fire. In case of fire the electrical inspector, the fire chief or his deputy shall have the power to at once cause the removal of all wires or the turnjng off of all electric currents where the same shall inter- fere with the work of the fire department during the progress of a fire. (Code 1966, ~ 9-119) Cross reference-Fire prevention and protection, Ch. 14. Sec. 8-83. Condemnation of unsafe items and material. All electrical items and material for sale by any person inspected and found unsafe or not conforming to accepted safety standards shall be condemned and removed from sale. The Ameri- can Insurance Association label of approval, Un- derwriters Laboratory label of approval or label of inspection service will be the guideline used for this service. No fee shall be charged for this ser- vice. (Code 1966, ~ 9-120) Supp. No.5 Sec. 8-84. Inspection, condemnation, cor- rection of defective or dangerous condition. The electrical inspector shall make a thorough inspection of all electrically wired buildings within the city upon request, or whenever he deems it necessary, and where wires or appliances used therein are in dangerous or unsafe condition, so as to endanger life or property, and upon discov- ering defects therein, he shall notify in writing the person owning, using or operating same, giv- ing the person a reasonable period of time in which to place the defective wires or appliances in a safe, secure and noninterfering condition. Any person owning, using or operating the defec- tive 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 electrical inspec- tor shall then have authority to order the supply- ing company to discontinue electric service to the defective wires or appliances until such defects shall be repaired in accordance with the require- ments of this article. No corporation, co-partnership, association or individual or agent thereof, shall supply or cause to be supplied any electric cur- rent to conductors or apparatus which have been found by the electrical inspector to be in an un- safe condition or which have not been installed in conformity with the provisions of this article and from which the electrical inspector has ordered the electric current to be turned off. (Code 1966, ~ 9-121) 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 there- of, installing, operating or controlling any elec- tric wiring or apparatus for damages to anyone injured thereby, nor shall the city be held as as- suming 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) 463 ~ 8-86 SALINA CODE See. 8-86. Violations. Any corporation, copartnership, association or individual or agent thereof found guilty of violat- ing any of the provisions of this article, or ne- glecting or refusing to comply with any orders or notices of the electrical inspector, made pursuant to the provisions of this article, shall be guilty of a misdemeanor. (Code 1966, ~ 9-124) Sees. 8-87-8-95. Reserved. Subdivision II. Reserved* Sees. 8-96-8-110. Reserved. DIVISION 3. ELECTRICAL CONTRACTORS Sec. 8-111. license required. Except as otherwise provided in section 8-113, all persons engaging in the installation or repair- ing of electric wiring, lighting fixtures, equipment, devices or electrical apparatus of any nature, 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. 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: *Editor's note-Ord. No. 86-9164, ~ 2, adopted November 3,1986, repealed Sub. II, ~~ 8-96-8-100, 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.5 (1) Any person operating as a public utility under franchise with the city, supplying power, communications or services may supply and maintain any measuring equipment installed by them, together with their overhead lines, so long as they remain the property of the utility company supplying the service; (2) Any person working in or upon any building or premises owned and occupied by an agency of the federal government; (3) The maintenance or repair of portable house- hold appliances, radios, television sets, busi- ness machines, motors, music boxes, games and portable tools normally supplied through an approved cord and attachment cap; (4) Any person installing signal systems for pro- tective purposes such as burglar alarms, re- mote controls, and similar circuits and only when used as an extension of a central sta- tion such as a telephone, telegraph, radio, television and sound systems when the base system is Underwriters Laboratory approved and connected to line voltage with an approved attachment cord and attachment cap, and con- tains current limiting transformers and pro- tection as defined in the National Electrical Code as Class II control and signal circuits; (5) A bona fide owner of a single family dwelling being used exclusively as his dwelling, includ- ing the usual accessory building, may be granted a permit provided that he personally purchases and installs all material used in the electrical installation, and further provided 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 replacements to the electrical system located within a mobile home under the provisions of article IV of chapter 22. (Code 1966, ~ 9-139) Sec. 8-114. license fee. The license fee under this division shall be as prescribed in section 2-2. (Code 1966, ~ 9-132) 464 - e e e - e BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-131 Sec. 8-115. Insurance required. Every person engaging in the business of an electrical contractor in the city shall, as a condi- tion of the issuance of his license, procure and maintain in full force and effect for the duration of the license 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. (Code 1966, ~ 9-134) Sec. 8-116. Bond required. Before any person shall be granted an electri- cal contractor's license, the person shall execute a good and sufficient surety bond in the sum of five thousand dollars ($5,000.00), the same to be ap- proved by the city attorney, conditioned upon the good and faithful performance of work done by him or them, upon any building, structure, sign or premises within the city, the payment of all fees connected therewith, and to hold the city harmless on account of any damage arising from faulty work or neglect of duty in the protection of the public. (Code 1966, ~ 9-135) Sec. 8-117. 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 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 by this division. (Code 1966, ~ 9-136) Sec. 8-118. license to be displayed. The holder of an electrical contractor's license shall conspicuously post or display the license in the public reception area of his place of business. (Code 1966, ~ 9-133) Sec. 8-119. Transferability of license. An electrical contractor's license shall not be transferable, and shall not be rented, loaned, leased Supp. No.5 or assigned by the person holding such license. (Code 1966, ~ 9-137) Sec. 8-120. Suspension, revocation of licenses. Electrical contractors' licenses may be suspended or revoked for willful and persistent violations of the provisions of this article. (Code 1966, ~ 9-138) Sees. 8-121-8-130. 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 practical expe- rience in the electrical trade doing the type of work he will be required to perform, su- pervise or direct. Two (2) years satisfactory work at an accredited trade school, or a de- gree 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. A journeyman 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 re- qU,ired to perform, supervise or direct. Two (2) years satisfactory work in an accredited trade school, or a degree in electrical engi- neering conferred by an accredited college or university, and three (3) years practical ex- perience may be accepted in lieu of the fore- going requirements. (3) Apprentice electrician. Any person earning his livelihood as an electrician, but who has not acquired the necessary longevity of expe- rience to be eligible to become a journeyman electrician, or who with the necessary lon- gevity of experience has not obtained a jour- neyman electrician's license, is hereby clas- sified as an apprentice electrician. Except by special written consent issued by the board of examiners, he shall not work except when under the immediate supervision and direc- tion of a licensed journeyman electrician or 465 9 8-131 SALINA CODE master electrician, properly licensed by the city. No person who has had his license reo voked for cause, shall be allowed to work as an apprentice electrician, without the express consent of the board of examiners. Each qual. ifying apprentice 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 electrical li. cense, as set out elsewhere in this article. There shall be a charge as provided in sec- tion 2.2 for each permit and for each renewal thereof. The board of examiners may suspend or revoke any apprentice electrician's work- ing 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 reciprocal privileges to the holders of valid city electrician's licenses, and fur- ther provided that the issuing city shall con- duct examinations to determine the qualifi- cations of its licensees. Any decision as to doubtful qualifications of a licensee shall be determined by the board of electrical exam- iners. 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 electri- cian is a person who is in charge of mainte- nance or operation of equipment and accesso- ries used for operations, production or processing by public utilities, government agencies, man- ufacturing or processing plants or commer- cial enterprises which maintain a regular main- tenance or operating staff supervised by a licensed professional engineer, master elec- trician, or other qualified person approved by the board of examiners. However, work per- formed under such supervision shall be per- formed to comply in all respects with all ap- plicable provisions of the electrical code of the city, including the provisions for permits Supp. No.5 and inspections. (Code 1966, ~ 9-145; Ord. No. 84-9012, ~ 1, 4-2-84) 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 per- son holding a valid master electrician's license. 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 master electri- cian may act as the master electrician for only one electrical contractor. The holder of an electri- cal contractor's license shall keep the electrical inspector informed as to the person holding a mas- ter electrician's license in his employ. (Code 1966, ~ 9-146; Ord. No. 84-9013, ~ 1,4-2-84) Secs. 8-133-8-136. Reserved. Editor's note-Ord. No. 86-9164, ~ 2, adopted November 3, 1986, repealed ~9 8-133-8-136 in their entirety. The afore- said sections were concerned with the board of electrical ex- aminers, and derived from the Code of 1966, 999-146.1-9-149. Sec. 8-137. Reexamination after failure. If the applicant does not meet the requirements 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) 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) Sec. 8-139. License fees. Any person making application to the electri- cal inspector for a master electrician license or a journeyman electrician license, shall pay to the electrical inspector at the time he makes applica- 466 . e e e - e BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-157 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 issued 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 of time, or revoked outright by the board of examiners, for good and sufficient cause. Such decisions are subject to writ- ten 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 addi- tion to any wiring that has been installed in or upon any building in the city without the owner, electrical contractor or person doing such work first obtaining from the electrical inspector a per- mit covering such work. (Code 1966, ~ 9-160) 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 or re- Supp. No.5 ceptacles; no inspection of them will be required. The installation of lighting fixtures requires a permit in every case. (Code 1966, ~ 9-161) Sec. 8-153. Record of permits required. A complete record shall be kept by the electri- cal inspector of all permits issued by him. (Code 1966, ~ 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) 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 is- sued. 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) Sec. 8-156. Conditions to issuance of permit. No electrical permit shall be granted or issued to any person unless and until such person shall have secured and paid for an electrical contrac- tor's license and unless and until all other provi- sions and requirements necessary to be done and performed prior to the granting of any such li- cense or permit shall have been fully complied with by the person applying for such permit. (Code 1966, ~ 9-165) Sec. 8-157. Inspector to inspect. (a) It shall be the duty of the electrical inspec- tor to inspect or cause to be inspected by compe- tent deputies appointed by him all electric light, heat and power wires, raceways, fixtures and fixed and stationary appliances, conductors, apparatus and their supports placed in or upon any building within the city regardless of whether such plac- ing 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 eIIlPloy. (b) The following are exceptions to inspections required by subsection (a): 467 ~ 8-157 SALINA CODE (1) In the event of a residential structure which is built or assembled other than at its ulti- mate location, the electrical inspector may authorize a licensed professional engineer or registered architect to perform the required inspections and certify in writing that all the requirements of the National Electrical Code are being complied with; provided that the engineer or architect shall not be a regular employee of the manufacturer of such struc- tures. (2) If there is cause to believe that any of the sections of the National Electrical Code are not being complied with the electrical inspec- tor may cause any portion of the electrical system to be inspected by him or his author- ized representative, and may cause any por- tion of the structure to be dismantled to per- form such inspections. (3) Procedures to insure compliance will be im- plemented by the inspection department. These may include but are not limited to on-site inspection of electrical work, tests of materi- als and methods used in assembly of the struc- tures, and other procedures as may be neces- Supp. No.5 468 e -- e - e BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-175 sary to insure the public safety. (Code 1966, ~ 9-166) Sec. 8-158. Inspection, approval required. Upon the completion of each phase of the electri- cal installation (rough wire-service-finish) of elec- tric wiring systems and apparatus in any build- ing, or upon any structure, for use in connection with electric lighting, heat or power, it shall be the duty of the person doing the same to notify the electrical inspector of competent deputies or assistants deputized by him who shall inspect the same and if approved by him the electrical in- spector or his deputy shall place his stamp along with the date of the inspection at the main dis- connect center or as near as possible when the main disconnect has not been installed. This stamp shall be considered as express permission to con- ceal said electrical wiring. The stamp of approval shall not be placed unless all apparatus, wires, etc., connected therewith are in strict conformance with the rules and regulations of this article and current shall not be turned into any wiring or apparatus until the stamp of approval has been affixed. (Code 1966, ~ 9-167) Sec. 8-159. When inspections to be accomp- lished. 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. Installa- tions such as outlets and minor items will be accomplished on a time available basis. (Code 1966, ~ 9-168) Sec. 8-160. Inspector's right of entry. The electrical inspector or a competent assis- tant appointed by him shall have the right, dur- ing reasonable hours, to enter any building, man- hole 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 Supp. No.4 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 electrical in- spector from entering such building, manhole or subway. (Code 1966, ~ 9-169) Sec. 8-161. Concealing wiring before in- spection. No person or agent thereof shall conceal or cause to be concealed any electric wiring or apparatus mentioned in this article until after the same has been inspected and approved by the electrical in- spector, and the electrical inspector is hereby au- thorized to order the removal of any flooring, lath- ing or plaster, sheet metal or any other material which may conceal any electrical wiring or appara- tus contrary to the provisions of this article. (Code 1966, ~ 9-170) 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 premise, nor shall any change be made on such as set out above without first notifying the electrical inspector and causing the same to be inspected as a new installation. (b) Prior to installing circuits for additional ap- pliances in any structure, the electrical contrac- tor shall first determine that adequate service and feeder capacity is available to serve the ap- pliance or appliances for which the wiring is to be installed. (Code 1966, ~ 9-171) 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 electrical inspec- tor certifying his approval of such wiring. (Code 1966, ~ 9-172) Sees. 8-164-8-175. Reserved. 469 ~ 8-1 76 SALINA CODE ARTICLE VI. PLUMBING CODE. DIVISION 1. GENERALLY Sec. 8-176. Uniform Plumbing Code adopted. In order to protect the public health and safety of the city through the establishment of minimum regulations tor the installation, alteration, repair and maintenance of plumbing and drainage sys- tems, the provisions of the 1985 edition of the Uniform Plumbing Code and all appendices there- to, are hereby incorporated, by reference, herein and adopted as the plumbirrgcode of the city, except as modified by this article, of which not fewer than three (3) copies have been, and now are filed in the office of the city clerk and the same are hereby incorporated as fully as if set out at length herein and the provisions thereof shall be controlling in the installation, alteration, re- pair and maintenance of all plumbing and drain- age systems 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) 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 du- ties of the administrative authority shall be as set forth in the Uniform Plumbing Code. (Code 1966, ~ 9-201) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sec. 8-178. Amendment of Section 20.3 of the Uniform Plumbing Code. Section 20.3 of the Uniform Plumbing Code as adopted by the city is hereby amended to read as follows: "Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof. .Cross references-Maintenance of plumbing and hous- ing, ~ 18-74; water and sewers, Ch. 41. Supp. No.4 shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprison- ment in the city jail for not to exceed six (6) months, or both fine and imprisonment. Each separate day or any portion thereof, during which any violation of this code occurs or continues shall be deemed to constitute a separate offens~ and, upon conviction thereof, shall be punisha- ble as herein provided. The issuance or grant- ing of a permit or approval of plans and specifi- cations shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful. "The issuance or granting of a permit or ap- proval of plans shall not prevent the adminis- trative authority from thereafter requiring the correction of errors in said plans and specifica- tions or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when is- sued in error. "Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred twenty (120) days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, pro- vided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year." (Ord. No. 82-8926, ~ 1,8-2-82) Editor's note-Ord. No. 82-8926, ~ 1, enacted Aug. 2, 1982, added a new ~ 9-205.3 to the former Code, which provisions have been included as ~ 8-178 of this Code. Sec. 8-179. Reserved. 470 e e e - e BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-184 Sec. 8-180. Amendment of Section 608(c) of the Uniform Plumbing Code. Section 608(c) of the Uniform Plumbing Code as adopted by the city is hereby amended to read as follows: "(c) No commercial dishwashing machines shall be directly connected to a drainage system or food waste disposer without the use of an ap- proved dishwasher air-gap fitting on the dis- charge side of the dish washing machine. Listed airgaps shall be installed with the flood level (FL) marking at or above the flood level of the sink or drainboard, whichever is higher." (Code 1966, ~ 9-205.1) Sec. 8-181. Exception to inspection require- ment of the Uniform Plumbing Code. (a) In the event of a residential structure which is built or assembled other than at its ultimate location, the administrative authority may autho- rize a licensed professional engineer or registered architect to perform the required inspections and certify in writing that all the requirements of the Uniform Plumbing Code are being complied with; provided that the engineer or architect shall not be a regular employee of the manufacturer of such structures. (b) If there is cause to believe that any of the sections of the Uniform Plumbing Code are not being complied with, the administrative author- ity may cause any portion of the plumbing and/or gas system to be inspected by him or his author- ized representative, and may cause any portion of the structure to be dismantled to perform such inspections. (c) Procedures to insure compliance will be im- plemented by the inspection department. These may include but are not limited to on-site inspec- tion of plumbing and/or gas work, tests of mate- rials and methods used in assembly of the struc- tures, and other procedures as may be necessary to insure the public safety. (Code 1966, ~ 9-205.2) Sec. 8-182. Amendment of Section 401(a)2 of the Uniform Plumbing Code. Section 401(a)2 of the Uniform Plumbing Code as adopted by the city is hereby amended to read as follows: Supp. No.1 "ABS or PVC installations limited to those structures where combustible construction is allowed." (Ord. No. 81-8870, ~ 1, 8-24-81) Sec. 8-183. Amendment of Section 503(a)2 of the Uniform Plumbing Code. Section 503(a)2 of the Uniform Plumbing Code as adopted by the city is hereby amended to read as follows: "ABS or PVC installations shall be limited to buildings that are not required in the build- . ing code to be of noncombustible construction." (Ord. No. 81-8871, ~ 1,8-24-81) Sec. 8-183.1. Exceptions to Section 1008 of the Uniform Plumbing Code. The following are exceptions to Section 1008 of the Uniform Plumbing Code as adopted by the city: "(1) Existing water service yard piping which is being replaced may remain at the existing depth provided that the replacement is not due to damage from freezing, in which case it shall comply with the depth requirements of Section 1008 above. "(2) Replacement water yard piping requir. ing a trench to be dug for such replacement shall comply with Section 1008 above. COrd. No. 82-8927, ~ 1,8-2-82) Editor's note-Ord. No. 82-8927, ~ 1, adopted Aug. 2, 1982, amended the 1966 Code with the addition of a new ~ 9-205.4, which provisions have been codified as ~ 8-183.1 of this Code. 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 cop- per pipe. (b) In installations from the water main to the curb cock, the minimum size water service line shall be one inch trade diameter for each premise to be serviced, and shall provide a minimum of a full three.fourths-inch water line to each consumer to be serviced therefrom. 471 ~ 8-184 SALINA CODE (c) At the point of connection with the corpora- tion 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 cop- per 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 (21h) inches and larger, a one hundred twenty-five (125) pounds gate valve lo- cated not more than twelve (12) inches from the street curb may be used; provided that the direc- tor 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 fur- ther, that where more than one 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 foun- dation 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, "T's", valves and other fittings shall be installed by the owner of the premises to be supplied, and shall be and remain the property of 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 depart- ment 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. F100r drains. A vent will not be required for a floor drain, shower or washer connection unless the floor drain, Supp. No.1 shower or washer connection is located twenty (20) feet or more from a vented waste or soil line or is located four (4) feet or more above a vented waste line. (Code 1966, ~ 9-237) Sec. 8-186. Sanitary tap tee. It is not the intention of this article to prohibit the use of a single hub sanitary tap tee as a drainage fitting. (Code 1966, ~ 9-238) Sec. 8-187. Trap installation. In exposed locations, slip joints will be permit- ted on brass tubular traps provided the traps are seventeen (17) gauge or heavier and installed with brass slip ring nuts. (Code 1966, ~ 9-239) Sec. 8-188. Back water valves. Back water valves shall be gate valves as de- fined in Section 210 of the Uniform Plumbing Code. Such valves shall remain sufficiently open during periods of low flows to avoid screening of solids and shall not restrict capacities or cause excessive turbulence during peak loads. Valve ac- cess covers shall be bolted type with gasket and each valve shall bear the manufacturer's name cast into the body and cover. (Code 1966, ~ 9-239.1) Sec. 8-189. Valves and fittings. Gate valves shall be used on drainage work and shall be full way type with working parts of corrosion resistant metal. Sizes four (4) inches or more in diameter shall have cast iron bodies and sizes less than four (4) inches cast iron or brass bodies. (Code 1966, ~ 9-239.2) Sec. 8-190. Drainage below curb and also below main sewer level. Drainage piping serving fixtures that are lo- cated below the elevation of the curb or property line, at the point where the building sewer crosses under the curb or property line, and above the crown level of the main sewer, shall drain by gravity into the main sewer, and shall be pro- tected from backflow of sewage by installing an approved type gate valve and each such gate valve shall be installed only in that branch or section of the drainage system which receives the discharge 472 e e e -- e BUILDINGS, STRUCTURAL APPURTENANCES from fixtures located below the elevation of the curb or property line. (Code 1966, ~ 9-239.3) Sees. 8-191-8-200. Reserved. DIVISION 2. PLUMBERS* Sec. 8-201. Definitions. The following words and phrases, when used in this division, shall have the meanings respectively 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 em- ploy of a master or employing plumber. (2) Employing plumber or plumbing contractor shall mean a person who engages in the busi- ness or trade of plumbing and employs a cer- tified master plumber for the purpose of his business. (3) Journeyman plumber shall mean a person who holds a certificate issued pursuant to this article showing him qualified to do plumb- ing work, but who is not a master or employ- ing plumbing or plumbing contractor as de- fined herein. (4) Master plumber shall mean a person who holds a certificate issued pursuant to this ar- ticle, showing him to be qualified and equipped to layout, plan and supervise the installa- tion, repair and maintenance of plumbing. (Code 1966, S 9-206) Cross reference-Definitions and rules of construction gen- erally, ~ 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 had issued to him a valid certificate of qualification by the board of plumbing examiners and register- ing the certificate with the city clerk; provided however, that the exchange or replacement of an existing home appliance, such as a hot water heat- er, dishwasher, food waste disposer, automatic washer, refrigerator or water softener, not requir- .State law reference-Regulation of plumbers in cities of 7,000 or over, K.S.A. 12.1501 et seq. Supp. No.5 ~ 8-209.1 ing the installation of a new water supply or waste line, shall be excluded from the provisions of this section; and provided further, that 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 provisions of this section while performing those services for which he is licensed under article IV of chapter 22. (Code 1966, S 9-207) Cross references-Administration, Ch. 2; boards and com. missions generally, ~ 2-136 et seq. Sees. 8-203-8-207. Reserved. Editor's note-Ord. No. 86-9164, S 2, adopted November 3, 1986, repealed SS 8-203-8-207 in their entirety. The afore- said sections were concerned with the board of plumbing ex- aminers, and derived from the Code of 1966, SS 9-208-9-212. Sec. 8-208. Fee to accompany application. Each person filing an application to 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 licepse. Failure to qualify for the plumber or gas fitter's license, disqualifies the applicant for either license. Only one examination fee shall be paid for taking both examinations. (Code 1966, * 9-214) Sec. 8-209.1. Prerequisites to apply for cer- tificate 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. 473 ~ 8-209.1 SALINA CODE (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 foregoing require- ments. (Ord. No. 82-8928, ~ 1,8-2-82) Editor's note-Ord. No. 82-8928, ~ 1, 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 exam- ination when notified shall forfeit the application fee. (Code 1966, ~ 9-215) Sec. 8-211. Issuance of certificate; fees. (a) If the board of plumbing examiners is satis- fied 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) 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 equivalent to the examination given by this city. Such certif- icate 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 qualifica- tion to work at plumbing or as an employing Supp. No.5 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 registration as required in this Code. (Code 1966, S 9-218; Ord. No. 85-9064, S 1,2-25-85) Sec. 8-214. Expiration, renewal of licenses and certificates. Each license and certificate shall be renewed annually and the license and certificate shall ex- pire on the thirty-first day of December regard- less of when the license was secured. (Code 1966, S 9-219) Sec. 8-215. Renewal procedure; fee. The license and registration of certificate re- newal fee shall be paid to the city clerk. The annual renewal fee shall be as prescribed in sec- tion 2-2. (Code 1966, S 9-220) Sec. 8-216. Deadline for renewal of licenses. No permit will be issued to any master or em- ploying plumber after January thirty-first when the license has not been renewed. (Code 1966, S 9-221) Sec. 8-217. Certificates not transferable; misuse. Certificates of qualification or registration are not transferable from one person to another and the lending of any certificate or the obtaining of permits thereunder for any other person shall be deemed cause of revocation. (Code 1966, S 9-222) Sec. 8-217.1. Master plumber in the employ of a plumbing contractor required. 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 per- son holding a valid master plumber's license. The plumbing contractor's license being valid only as long as the named master plumber remains in the employ of the licensee in an active, full-time 474 e e e - e BUILDINGS, STRUCTURAL APPURTENANCES capacity. One and the same person may hold the plumbing contractor's license and the master plumb- er's license. For the purpose of meeting the re- quirements of this section, a master plumber may act as the master plumber for only one plumbing contractor. The holder of a plumbing contractor's license shall keep the plumbing inspector informed as to the person holding a master plumber's li- cense in his employ. (Ord. No. 82-8929, ~ 1, 8-2-82; Ord. No. 84-9019, ~ 1,4-9-84) Editor's note-Ord. No. 82-8929, ~ 1, passed Aug. 2, 1982, added a new ~ 9-222.1 to the 1966 Code, which provisions have been included as ~ 8-217.1 of this Code. Sec. 8-218. Bond required. (a) Every person engaging in or working at the business or trade of plumbing in the city as a master plumber or employing plumber shall be- fore so engaging, or entering upon any job of plumb- ing in the city, file with the city clerk a corporate surety bond in the principal sum of five thousand dollars ($5,000.00) to be approved by the city at- torney as to form and surety, conditioned that the principal therein will save the city free and harm- less from all liability for any injury to persons or property which the principal, his agents, servants, or employees may cause by reason of engaging in the business of plumbing in the city, and further conditioned for a full compliance with the provi- sions of this article and the prosecution of such business. (b) All bonds in force at the time of completion of any plumbing work shall continue in force so far as such work is concerned, for a period of one 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. (Code 1966, ~~ 9-223, 9-224) Sec. 8-219. Insurance required. Every person engaging in or working at the business or trade of plumbing in the city, as a master plumber or employing plumber shall, as a condition to the issuance of his license, 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 Supp. No.5 ~ 8-257 number of claims arising out of a single occur- rence or accident under the Kansas Tort Claims Act, as amended. Proof of coverage 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 license period be canceled or reduced, restricted or limit- ed, unless the administrative authority is given ten (10) days written notice. (Code 1966, ~ 9-225) Sees. 8-220-8-225. Reserved. DIVISION 3. RESERVED* Sees. 8-226-8-245. Reserved. ARTICLE VII. GAS CODE DIVISION 1. GENERALLY Sees. 8-246-8-255. Reserved. DIVISION 2. GAS FITTERS Sec. 8-256. Certification required. It shall be unlawful for any person to labor at the trade of gas fitting or to install gas burning appliances and equipment without first securing a gas fitter's certificate and license as provided for in this division; provided however, any person who holds a valid mobile home craftsman license issued by the city shall be exempt from the provi- sion::; of this section while performing those ser- vices provided for in article IV of chapter 22. (Code 1966, ~ 9-241) Sec. 8-257. Application for certification. Any person wishing to receive a certificate of qualification as a gas fitter shall make applica- tion to th~ board of plumbing examiners on forms provided by the administrative authority. (Code 1966, ~ 9-242) *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. 475 ~ 8-258 SALINA CODE Sec. 8-258. Fee to accompany application. At .the time the person files the application for certification, he shall pay to the secretary of the board a fee as prescribed in section 2-2. (Code 1966, ~ 9-243) Sec. 8-259. Forfeiture of fee. Failure to appear for the examination when notified of the time and place will be cause to forfeit the fee. (Code 1966, ~ 9-244) Sec. 8-260. Examination required; nature. Each person filing an application for certifica- tion and paying the fee as herein provided shall be given an examination by the board of gas fit- ters, which shall consist of three (3) persons to be appointed by the mayor, with the approval of the city commission. The examination shall be of a practical nature and shall test the applicant's knowl- edge of gas piping, gas appliance installation, vent- ing and ventilation. (Code 1966, ~ 9-245) Sec. 8-261. Issuance of certificate. After a person has successfully passed the exam- ination for certification of qualifications, the board shall issue the certificate in his name. There is no fee for receiving the certificate and the certificate is not revocable except as provided for elsewhere. (Code 1966, ~ 9-246) Sec. 8-262. Registration of certificate; fee. Each person who holds a certificate from the examining board as having passed the necessary qualifications shall register the certificate with the clerk of the city, after he has paid the fee as prescribed in section 2-2. (Code 1966, ~ 9-247) Sec. 8-263. Issuance of license. After the applicant has paid the fee and regis- tered his certificate, the city shall issue a license to the applicant authorizing him to engage in the work of gas fitting as a master gas fitter or a journeyman gas fitter. (Code 1966, ~ 9-248) Supp. No.5 Sec. 8-264. Expiration, renewal of license and certificate. Each license and certificate shall be renewed annually and the license and certificate shall ex- pire on the thirty-first day of December regard- less of when the license was secured. (Code 1966, ~ 9-249) Sec. 8-265. Issuance or renewal; fee. The license and certificate renewal fee shall be paid to the city clerk who will issue the license and certificate renewal. The annual renewal fee shall be as prescribed in section 2-2. (Code 1966, ~ 9-250) Sec. 8-266. Renewals not subject to examina- tion fee. A master plumber or journeyman plumber re- newing a certificate and license shall be exempt from the application fee as provided in this divi- sion for gas fitters. (Code 1966, ~ 9-251) Sec. 8-267. Current license prerequisite to permit. No permit will be issued to any master or jour- neyman gas fitter after January thirty-first of any year, for gas fitting work when the license has not been renewed. (Code 1966, ~ 9-252) Sec. 8-268. Bond and insurance required; exception. (a) Any person desiring to engage in the busi- ness of gas fitting or gas plumbing, with author- ity to dig in the street, alley, public grounds, or elsewhere in the city, before engaging in the busi- ness of gas fitting, shall file with the city clerk a satisfactory bond and such certificates of insur- ance as are required under sections 8-218 and 8-219. (b) Any gas utility company doing business under a franchise with the city shall not be required to secure a license or file a bond when engaged in the performance of duties, obligations or rights conferred upon such utility by the franchise. A utility company, corporation or individual, sup- plying gas for either private or public consump- 476 e e e - e BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-290 tion may install gas mains, gas meters and gas meter settings, repair or replace gas service lines, open and close the gas service line valves, and perform any other duties or acts required by the franchise or state or federal regulations, on either public or private property. (Code 1966, S 9-253) Sec. 8-269. Extension of plumbing license, bond and insurance. Any employing plumber or plumbing contrac- tor, master plumber or journeyman plumber who holds a valid certificate of qualification and li- cense under the provisions of the plumbing code shall be exempt from securing a gas fitting li- cense and registration certificate. A new bond and insurance will not be required if the bond and insurance in force is extended and expanded to cover the provisions of gas fitting and gas plumb- ing. (Code 1966, ~ 9-254) Sees. 8-270-8-280. Reserved. ARTICLE VIII. MECHANICAL CODE DIVISION 1. GENERALLY Sec. 8-281. Uniform Mechanical Code adopted. There is hereby adopted, by reference, by the city for the purpose of providing minimum stand- ards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration sys- tems, incinerators and other miscellaneous heat- producing appliances, that certain mechanical code known as the Uniform Mechanical Code, recom- mended and published by the Internal Conference of Building Officials, being particularly the 1985 edition thereof, and the whole thereof, except as modified by section 8-282 of the Salina Code, 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 herein, and the provisions thereof shall be controlling in the installation of all heat- producing appliances within the corporate limits Supp. No.4 of the city. (Code 1966, S 9-440; Ord. No. 82-8930, S 1,8-2-82; Ord. No. 85-9090, S 1,8-12-85) State law reference-Authority to incorporate standard codes by reference, K.S.A. 12-3009 et seq. Sec. 8-282. Permit fees. The fee for each permit or inspection required by the Uniform Mechanical Code, 1985 edition, shall be as set forth in a fee schedule adopted pursuant to section 2-2 of the Salina Code in lieu of the fees specified in section 304(a) and (b) of the Uniform Mechanical Code, 1985 edition. (Ord. No. 85-9090, S 2,8-12-85) Editor's note-Ord. No. 85-9090, ~~ 2, 3, adopted August 12, 1985, added a new ~ 8-282 and repealed the former sec- tion. Former ~ 8-282 was concerned with an amendment to the mechanical code and derived from the Code of 1966, ~ 9-440.1. Sec. 8-283. Amendment of section 807(c) of the Uniform Mechanical Code. Section 807(c) of the Uniform Mechanical Code is hereby amended by the addition of a provision for the installation of certain unvented space heat- ers as follows: 807(c). Unvented (a) All such unvented space heaters shall be equipped with an oxygen depletion sensing device capable of completely shutting off the ~upply of gas to the heater when the oxygen level in the room is reduced to eighteen (18) percent. (b) The heater will be permanently installed. No temporary installation will be per- mitted. (c) All such unvented space heaters shall bear the label of the American Gas Association. (d) The unvented space heater shall be fu- eled only by natural gas or by liquid propane gas. (Ord. No. 84-9041, 9 1, 8-27 -84) Sees. 8-284-8-290. Reserved. 477 S 8-291 DIVISION 2. MECHANICAL CONTRACTORS Sec. 8-291. License required. (a) It shall be unlawful for any person to en- gage in the business of mechanical contracting without first having secured a mechanical con- tractor's license. (h) A homeowner who is presently occupying the home shall not be required to obtain a license to install equipment regulated by this article. (Code 1966, ~ 9-442) Cross reference-Licenses generally, Ch. 20. Sec. 8-292. Classes of licenses. There are hereby established two (2) classes of license for those engaged in the mechanical con- tracting business. (1) Class A mechanical contractor shall be li- censed to do all work regulated by the me- chanical code. (2) Class B mechanical contractor shall be li- censed to install or construct only fireplaces, wood burning stoves and furnaces or other similar solid fuel burning appliances. (Code 1966, ~ 9-441) Sec. 8-293. License fee. The license shall be issued by the city clerk and the applicant shall pay the fee as prescribed in section 2-2. (Code 1966, ~ 9-443) Sec. 8-294. License application. Applications for a mechanical contractor's li- cense shall be made to the city clerk on a form to be provided by the clerk. (Code 1966, ~ 9-444) Sec. 8-295. Insurance required. It shall be required of the holder of a mechani- cal contractor's license, as a condition thereof, that he procure and maintain in full force and effect for the duration of the license, public liabil- ity insurance, with limits of not less than the maximum liability for claims which could be as- serted against the city, for any number of claims Supp. No.4 SALINA CODE arising out of a single occurrence or accident under the Kansas Tort Claims Act, as amended. Sec. 8-296. Bond required. Before any person shall be granted a mechani- cal contractor's license, the contractor shall exe- cute a good and sufficient bond in the sum of five thousand dollars ($5,000.00) the same to be ap- proved by the city attorney, conditioned upon the good and faithful performance of work done in the city, payment of all fees connected therewith, and to hold the city harmless on account of any damages arising from the faulty work or neglect of duty in the protection of the public. (Code 1966, * 9-449.2) Sec. 8-297. Exemptions from new contractor fee. Persons doing business as a bona fide mechani- cal contractor on January 1, 1980 shall not be required to pay the fee for a new application, but shall be charged the renewal fee as set forth in section 2-2. Further, the same shall apply to cur- rently licensed electrical, plumbing and gas fit- ters who are doing mechanical work as a part of their regular business, but nothing in this section shall be construed to mean that these contractors will be permitted to do mechanical work without first obtaining the proper mechanical contractor's license, and providing the proper insurance and bond as set forth in sections 8-295 and 8-296. (Code 1966, ~ 9-449.3) Secs. 8-298-8-310. 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 permit from the build- ing official. (b) An owner/occupant of a 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) 478 e e e -- e Bun..DINGS, STRUCTURAL APPURTENANCES ~ 8.331 Sec. 8-312. Records of permits required. (a) A complete record of the permits issued shall be kept by the building official. (b) S&les 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. (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 required. Any work performed under this article will re- quire inspection and approval by the building of. ficial. (Code 1966, ~ 9-448) Sec. 8-315. Concealing work before inspection. No mechanical contractor shall conceal, or cause to be concealed, work performed under this arti. cle 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 stand- -Cro.. reference-Nuisances, Ch. 24. Supp. No.4 478.1 - e e e e e BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-363 ards 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 Uni- form Code for the Abatement of Dangerous Build- ings. recommended and published by the Interna- tional Conference of Building Officials, being par- ticularly the 1982 Edition thereof, including 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 herein and the provisions thereof shall be controlling 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) 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: III Complete the work of moving, tearing down, or dismantling within the time specified in the permit; (21 On a building moved to property within the city, to complete the building in accordance with plans and specifications and city build- ing codes within time specified in the permit; (3) Clear from the premises left vacant by such removal or demolition all trash, debris, junk and discarded building material; (4) Removal of all foundation and slab floors at least one foot below ground level, unless an- other building 01' other structure is to be re- erected immediately upon the foundation as specified in the application for the permit; (5) Fill all open wells, cisterns, cellars, base- ments or other excavations remaining on said Supp. No.7 lot, unless the same are to be used immedi- ately with another structure to be erected thereon; (6) At all times keep the premises in a safe con- dition 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 por- tion 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) 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) Two (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 struc- ture is to be relocated; (4) Plans and specifications for the relocation of any structure within the city. Plans must include full compliance with all applicable building codes of the city; (5) Demolition plans shall include manner in which work will be accomplished and a de- scription of the safeguards to be employed for protection of persons or property; (6) Time of commencement of work and esti- mated time of completion. (Code 1966, ~ 9-326) Sec. 8-363. Issuance. Upon the filing of the application and bond required in section 8-364 and the payment of the 479 - ~ 8-363 SALINA CODE 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, com- plies with the provisions of this article and other applicable provisions of the Code. The building official shall specify in the permit the time granted by him for completion of all work required to be done thereunder. For good cause shown, the build- ing official may once extend the period of time granted by the permit for completion of the 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 sig- nature 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 re- fuses to comply with all of the provisions of this 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 con- dition 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 condi- tions specified in the permit, may, at the option of Supp. No.7 the city, either be taxed against the property and a levy therefor be certified and collected in the same manner as special assessments, or be pay- able 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 stand- ards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electri- fication, and maintenance of all signs and sign structures not located within a building, that cer- tain sign code known as the Uniform Sign Code recommended and published by the International Conference of Building Offi.cials, being particu- larly the 1982 Edition thereof, and the whole thereof, and except such portions as are hereinafter delet- ed, 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 incor- porated herein as fully as if set out at length herein and the provisions thereof shall be control- ling in the construction and erection of all signs within the corporate limits of the city. (Code 1966, ~ 9-63; Ord. No. 82-8924, ~ 1, 8-2-82) 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 provisions of this article shall hereafter be hung or erected until after a permit to hang, erect or locate the same has been obtained from the building offi- cial. No such permit shall be issued by the inspec- tor until an application has been filed in his office showing the plans and specifications, including stress diagrams or tabulated stresses, dimensions, .Cross references-Advertising, Ch. 3; zoning regulations for signs, ~ 42-501 et seq. State law reference-Highway advertising control act, K.S.A. 68-2231 et seq. 480 e e e - e BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-382 materials, and details of construction, together with complete details showing methods of anchor- ing proposed signs or until the applicant has paid the prescribed fee; provided, that portable ground signs not over eight (8) square feet in area may be erected or located without the necessity of obtain- ing a permit; provided further, that no sign erected Supp. No.7 480.1 e e e BUILDINGS, STRUCTURAL APPURTENANCES or constructed prior to the adoption of this Code for which a permit is required for original con- struction shall be relocated, rebuilt or remodeled without coming into compliance with the provi- sions hereof and until after a sign permit has been obtained to effect such alteration or relocation. (b) Any person desiring a permit under the pro- visions of this section shall, at the time of receiv- ing such permit, pay to the city the fee as pre- scribed in section 2-2. (Code 1966, ~~ 9-66, 9-67) Sec. 8-383. license required for sign business. 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 busi- ness of sign hanging and the erection of signs. All persons engaged in the business of sign hanging and the erection of signs will come under this license except those who are employed by con- tractors carrying a license. There shall be a sepa- rate license for each place of business conducted by any person; provided, that nothing in this sec- tion shall prevent any person from hanging or erecting any sign or signs to be used in advertis- ing the business of such person, but strict compli- ance shall be made at all times in the hanging of such signs with the provisions of this article. The license shall be valid until December thirty-first of the year issued. A new license will be issued for the ensuing year if the fee is paid by January fifteenth. If the fee is not paid on or before Janu- ary fifteenth, a new application must be made and fee paid before a license will be issued. (Code 1966, ~ 9-68) Cross reference-Licenses generally, Ch. 20. Sec. 8-384. Bond and insurance for sign business. Before any applicant shall be granted from the city a license to engage in the business of sign hanging or the erection of signs in the city the applicant shall: (1) Execute and deliver to the city a good and sufficient surety bond in the sum of five thou- sand dollars ($5,000.00) conditioned upon the ~ 8-401 good and faithful performance of work done by him or them upon any building, sign or premises within the city, the payment of all fees connected therewith, 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; (2) Procure and maintain in full force and effect 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. Proof of coverage 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 license period be canceled or reduced, restricted or limited, unless the administrative author- ity is given ten (10) days written notice. (Code 1966, ~ 9-69) Sec. 8-385. Bond or insurance for persons advertising their own businesses. Any person desiring to erect or hang a sign to advertise the business of such person in the city, shall furnish to the city the same kind and char- acter of a bond, or in lieu thereof, shall furnish the same kind and character of written agree- ment and evidence of public liability insurance as required 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. (Code 1966, ~ 9-70) Sees. 8-386-8-400. Reserved. ARTICLE XII. FENCES, WALLS 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 481 ~ H-401 SALINA CO!)E charge a fee as prescribed in section 2-2. (Code 1966, ~ 9-346) 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. Nn 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. (Code 1966, ~ 9-349) 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 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 (more than fifty (50) percent open); (5) Class 5. Solid fences (wood or metal less than fifty (50) percent open). (Code 1966, ~ 9-351) 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 corner lots in which the rear yard abuts the front yard of the ad- joining lot shall conform 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 corner lots. Where a property is located on a corner lot, thus requiring compliance with two (2) or more front yards, a solid fence may be erected, not to exceed six (6) feet in height along one front yard only extending to the property line. Such fence shall not be erected in violation of section 42-81 on obstructing visibility at intersections. However, when such fence would adjoin or would lie within twenty-five (25) feet of an adjacent front yard, a fence permit may be issued by the building official only if a written pro- test is not received within seven (7) days from the adjacent affected property owner. Such protest period shall commence from the date of receipt of a certified notice of intent from the building official. b. Fences on double frontage lots. Where a property consists of a lot, two (2) opposite lot lines of which abut public streets which are, more or less, parallel thus requiring compliance with two (2) front yard set- backs, 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 developer. When one of the streets abutting such a lot has been officially designated by the city as an arterial street, said fence shall not be erected in violation of section 42-81 on 4R2 e e e - e BUILDINGS, STRUCTURAL APPURTENANCES obstructing visibility at intersections. How- ever, when the fence would adjoin or would lie within twenty-five (25) feet of an ad- jacent unfenced front yard, a fence per- mit may be issued by the building offi- cial only if a written protest is not received within seven (7) days from the adjacent affected property owners. Such protest period shall commence on the date of re- ceipt of a certified notice of intent from the building official. (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 (n (4) Prohibited fences. No barbed wire or other sharp pointed fence shall be erected or main- tained 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 ad- equately designed and drained so as to resist all lateral pressure to which they may be subject. Retaining walls shall not be erected in any front yard when, in the opinion of the building official, such retaining wall would be unsightly or detrimental to adjoining prop- erty. Nor shall such walls be built higher than the grade of the ground on the high side of the wall when such would exceed the height allowed for a class 1 fence, which height is measured from the low side of the wall. (7) Variations. When, in the judgment of the board of appeals, the public health, safety Supp. No.4 S 8-425 and welfare will be substantially served, the neighborhood property will not be materially damaged, and a certified copy of a written agreement between neighboring property own- ers has been filed with the board of appeals, it may, at its discretion vary the requirements herein; provided, that no violation of section 42-8 may be permitted. (Code 1966, * 9-352; Ord. No. 81-8841, * 1, 3-23-81) 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 dilapidat- ed, dangerous or unsightly fence shall be removed or repaired when so ordered by the building offi- cial. (Code 1966, * 9-355) Sec. 8-411. Violations declared nuisances; removal. 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. 483 ~ 8-426 SALINA CODE ARTICLE XIII. ELEVATORS AND ELEVATOR INSTALLATION DIVISION 1. GENERALLY Sec. 8-426. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them: (1) Administrative authority whenever used herein shall mean the building official or any employee thereof, who shall be legally charged with the duty of administering this article, granting permits and making electrical, mechanical and structural inspection of all elevators installed within the city. (2) Elevator whenever used herein shall mean any passenger elevator, freight elevator, dumb- waiter, escalator or moving walk installed in the city. (Code 1966, * 9-384) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sec. 8-427. Enforcement. It shall be the duty of the administrative au- thority to enforce the provisions of this article or any ordinance which may hereafter be adopted concerning the installation of elevators. (Code 1966, ~ 9-385) Sec. 8-428. Division of electrical wiring re- quirements. On new installations and major repairs of ele- vators, etc., elevator contractors, licensed by the city shall install only electrical work on the ele- vator side of the feed wire connection to the con- troller, including the control board, elevator mo- tors, signals and lights, and to do all other wiring required for the control and operation of the ele- vators. Electrical contractors, licensed by the city shall bring the power feeders to the terminals of the elevator, etc., control panels through discon- nect switches or circuit breakers and will also bring the lighting circuit to midpoint of the hatch. Repair or maintenance of elevators may be per- formed by electrical contractors, licensed by the city. (Code 1966, ~ 9-390) Supp. No.4 Sec. 8-429. Release of responsibility. This article shall not be construed to relieve or lessen the responsibility of any person installing, operating or controlling any elevator for damages to anyone injured thereby, nor shall the city be held as assuming any responsibility by reason of the inspection authorized herein or certified or permitted pursuant to the provisions of this arti- cle. (Code 1966, ~ 9-394) Secs. 8-430-8-435. Reserved. DIVISION 2. ELEVATOR CONTRACTORS Sec. 8-436. License; insurance; bond. It shall be unlawful for any person to engage in the installation of elevators within the city with- out having first procured from the city clerk an elevator contractors license, which license when obtained and so long as in force shall entitle the holder to engage in the business of installing ele- vators. The annual fee shall be as prescribed in section 2-2. It shall also be required of an appli- cant for an elevator contractors license, as the conditions to the issuance thereof, that it shall: (1) Pass such examination as to his qualifica- tions as the administrative authority shall direct; (2) Procure and maintain in full force for the duration of the license, public liability insur- ance, with limits of not less than the maxi- mum 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. (3) Execute a good and sufficient surety bond in the sum of five thousand dollars ($5,000.00) the same to be approved by the board of com- missioners and conditioned upon the good and faithful performance of the work done by him upon any building within the city and to hold the city harmless on account of any damage arising from his faulty work or neglect of duty in the protection of the public. (Code 1966, ~ 9-387) Cross reference-Licenses generally, Ch. 20. 484 e e e - . BUILDINGS, STRUCTURAL APPURTENANCES Sec. 8-437. Licenses issued by other cities of equal population. An elevator contractor's license issued by an- other city of a population of thirty thousand (30,000) or more may, if currently effective in that city, be honored by this city for the purpose of waiving an examination, but does not and will not change any other provisions for obtaining a license, in- cluding the fee. (Code 1966, * 9-392) Sec. 8-438. Revocation of license. Any elevator contractor's license may be sus- pended for a definite length of time or revoked outright by the administrative authority for good and sufficient cause. This action is subject to writ- ten appeal which shall be registered with the board of commissioners within fifteen (15) days. Such appeal shall receive a ruling within fifteen (15) days after submission. (Code 1966, * 9-393) Sees. 8-439-8-445. Reserved. DIVISION 3. PERMITS AND INSPECTIONS Sec. 8-446. Permits. (a) No person shall install an elevator or re- place a major portion of any existing elevator without first obtaining an elevator installation permit from the administrative authority. The contractor of the apparatus shall submit an ap- plication for such permit accompanied by plans and specifications in such form as the adminis- trative authority shall prescribe. When such plans and specifications indicate conformity with this article, the administrative authority shall issue an elevator permit upon payment of the prescribed fee set forth in the edition of the Uniform Build- ing Code in effect at the time of application. (b) No permit shall be required for repairs and replacements normally necessary for maintenance. (Code 1966, * 9-388; Ord. No. 86-1955, * 1,9-15-86) Sec. 8-447. Inspection. The administrative authority or any person des- ignated by him shall make, or cause to have made, an inspection of the installation, construction, re- Supp. No.5 S 8-463 pair, alteration of or addition to any elevator or equipment or both, including the weights, guides, supports, safety devices and machinery connected therewith for which a permit has been issued. Such inspection shall be made for compliance with the provisions of this section and no such elevator shall be used until inspected and approved and until a certificate shall have been issued for the same by the administrative authority. (Code 1966, * 9-391) Sees. 8-448-8-460. 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 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 artifically constructed permanent or portable pool ca- pable 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 division. (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- 485 ~ 8-463 SALINA CODE ming pool on the property. (Ord. No. 83-8962, ~ ;1, 5-2-83) 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 bernaintained 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 approved back- flow protection. (3) Discharge system All private swimming pools hereafter constructed shall be provided with at least one drainage outlet extending from the pool to either a storm sewer or other drain- age area which shall be approved by the per- mits and inspections division. (Ord. No. 83-8962, ~ 1, 5-2-83) Sec. 8-466. Compliance with the electrical code; lighting. (a) Generally. All electrical installations provided or installed in conjunction with private swimming pools shall be installed in conform'lnce with the National Electrical Code. (b) Lighting. No artificial lighting shall be main- tained or operated in such a manner as to be a nuisance to the neighboring properties. (Ord. No. 83-8962, ~ 1, 5-2-83) Supp. No.5 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 completely 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 fea- tures 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 en- gage automatically on closing. Exception: The door of a dwelling which opens onto a pool enclosure need not be equipped with such a device. (Ord. No. 83-8962, ~ 1,5-2-83) Sees. 8-469-8-475. Reserved. ARTICLE XV. SANDBLASTING DIVISION 1. GENERALLY Sec. 8-476. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them: (1) Dry sandblasting shall mean the propulsion of dry sand by air pressure. (2) Permit shall mean a permit to sandblast the outside of a building. (3) Sandblasting shall mean the use of air, steam or water containing sand to clean, grind or cut hard surfaces. (4) Wet sandblasting shall mean the propulsion of wet sand by air pressure precluding the creation of dust and dry debris. (Code 1966, ~ 9-367) Cross reference-Definitions and rules of construction gen- erally, * 1-2. 486 e e e e e BUILDINGS, STRUCTURAL APPURTENANCES Sec. 8-477. Precautions required. (a) Wet sandblasting. If wet sandblasting is re- quired by the permit, the permittee shall use a canvas or other shield to keep the sand from splat- tering upon or against the property of others ex- cept by their consent. (b) Dry sandblasting. If dry sandblasting is per- mitted, a canvas or other sufficient guard shall be used to prevent sand, dust and other particles from being detrimental to or injuring adjacent property, pedestrians, sidewalks, vehicles using the streets in the vicinity of the operation, and vehicles, implements or other things kept or stored on adjacent property. (c) Waiver. If the building official believes that the side of the building is where the operation will not be detrimental or injurious to the prop- erty of others, he may permit the operation with- out the precautions herein specified. (Code 1966, ~ 9-372) Sec. 8-478. Authority to stop work. If after sandblasting is begun, the building offi- cial finds that the precaution being taken is not sufficient, he shall have power to order the stop- page of work until sufficient precaution is pro- vided and used. (Code 1966, ~ 9-373) Sees. 8-479-8-485. Reserved. DIVISION 2. PERMIT Sec. 8-486. Required. No person shall do any sandblasting on the outside of any building without first obtaining a permit so to do from the building official. A per- mit shall be obtained for each building sandblast- ed. (Code 1966, ~ 9-370) Sec. 8-487. Application. Each application for a permit shall state the location of the joh, the portion of the building to be sandblasted and the length of time it is esti- mated to complete the work. (Code 1966, 9 9-370) Supp. No.7 ~ 8-501 Sec. 8-488. Fee. The fee for any sandblasting permit shall be as prescribed in section 2-2. (Code 1966, ~ 9-368) Sec. 8-489. Issuance. The building official shall determine whether the side of the building, adjacent buildings or other structures, vehicles, implements or other things kept or stored upon adjacent or nearby areas or vehicles parked in a street render it ad- visable to use wet sandblasting or whether dry sandblasting may be used and whether the pre- cautions hereafter prescribed should be taken and issue a permit in accordance therewith. (Code 1966, ~ 9-371) Sees. 8-490-8-499. Reserved. ARTICLE XVI. STRUCTURES DAMAGED BY FIRE OR EXPLOSION Sec. 8-500. Authorization. The city is hereby authorized to utilize the proce- dures 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 building or other structure located within the city, arising out of any fire or explosion, 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. 87-9220, ~ 1, 10-26-87) 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 set- tlement exceeds seventy-five (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 487 ~ 8-501 SALINA CODE have been paid, the insurance company shall exe- cute a draft payable to the city treasurer in an amount equal to the sum of five thousand dollars ($5,000.00) or ten (10) percent of the covered claim payment, whichever is less, unless the chief build- ing official of the city has issued a certificate to the insurance company that the insured has re- moved the damaged building or other structure, as well as all associated debris, or replaced, re- built, or otherwise made the premises safe and secure. (b) Such transfer offunds 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 ac- cordance with the policy terms. (c) Upon the transfer of the funds as required by subsection (a) of this section, the insurance company shall provide the city with the name and address of the named insured, the total in- surance coverage applicable to said building or other structure, and the amount of the final set- tlement agreed to or arrived at between the in- surance company and the insured whereupon the chief building official shall contact the named insured by registered mail, notifying them that the insurance proceeds have been received by the city and apprise them of the procedures to be followed under this article. (Ord. No. 87-9220, ~ 1, 10-26-87) Sec. 8-502. Fund created; deposit of moneys. The director of finance is hereby directed to create a fund to be known as the "Fire Insurance Proceeds Fund." All moneys received by the city treasurer as provided for by this article shall be placed in that fund and deposited in an interest- bearing account. (Ord. No. 87-9220, ~ 1, 10-26-87) 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 chief building official of the re- ceipt, and transmit all documentation received from the insurance company to the chief building official. Supp. No.7 (b) Within twenty (20) days ofthe receipt of the moneys, the chief building official shall determine, after prior investigation, whether the city shall instigate proceedings under the provisions of KS.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 chief building official shall notify the director of finance whether he or she intends to initiate proceedings under K.S.A. 12-1750 et seq., as amended. (d) If the chief 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 city treasurer. (e) Upon notification to the director of finance by the chief 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 in- surance company. (Ord. No. 87-9220, ~ 1, 10-26-87) Sec. 8-504. Removal of structure. If the chief building official, determines that it is necessary to act under KS.A. 12-1750 et seq. with regard to a building or other structure dam- aged by fire or explosion any proceeds received by the city treasurer under the authority of section 8-501(a) relating to that building or other struc- ture shall be used to reimburse the city for any expenses incurred by the city in repairing or re- moving the building or other structure. All mon- eys in excess of that which is ultimately neces- sary to comply with the provisions for the repair of the building or structure, less salvage value, if any, shall be paid to the insured. Should the ex- penses incurred by the city exceed the insurance proceeds paid to the city treasurer under section 8-501(a) the excess expenses incurred shall be as- sessed against the property and paid and collected in the manner provided by K.S.A. 12-1755, as amended. (Ord. No. 87-9220, ~ 1, 10-26-87) 488 e e e - e BUILDINGS, STRUCTURAL APPURTENANCES ~ 8-507 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 proceeds otherwise payable under its insurance policy. COrd. No. 87-9220, ~ 1, 10-26-87) 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 K.B.A. 40-2404 and any amendments thereto, in- cluding withholding payment of any insurance proceeds pursuant to this article, or releasing or disclosing any information pursuant to this arti- cle. COrd. No. 87-9220, ~ 1, 10-26-87) Sec. 8-507. Regulations authorized. The city manager is hereby authorized to pro- mulgate any further regulations necessary to im- plement the provisions of this article. COrd. No. 87-9220, ~ 1, 10-26-87) Supp. No.7 [The next page is 537] 489 e e . CEMETERIES. Chapter 9 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) .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 (978). Cross reference-Streets, sidewalks and other public places, Ch. 35. State law reference-Municipal cemeteries, K.S.A. 17-1301 et seq. 537 [The next page is 587] - e e e Chapter 10 CIVIL EMERGENCIES AND DISASTERS* Art. I. In General, H 10-1-10-15 Art. II. City-County Emergency Preparedness Board, H 10-16-10-38 Art. III. Emergency Proclamation, ~~ 10-39-10-42 ARTICLE I. IN GENERAL Sees. 10-1-10-15. Reserved. ARTICLE II. CITY-COUNTY EMERGENCY PREPAREDNESS BOARD* 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, S 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 oftwo (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 .Cross references-Administration, Ch. 2; boards and com- of resignation or death of any member of the board, missions generally, * 2.136 et seq. his position shall be filled by the original appoint- State law reference-Disaster agencies, K.S.A. 48-929. ing body. .State law references-Militia, defense and public safety, K.S.A. Ch. 48; emergency preparedness for disasters, K.S.A. 48-904 et seq. 587 ~ 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 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; (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 Sa.lina-Sa.line 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: (1) 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 e e e CIVIL EMERGENCIES AND DISASTERS ~ 10-39 (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 carryon the program of emer- 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. 10-26-10-3S. Reserved. ARTICLE III. 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, S 10V2-1) 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, S 10112-2) 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, S 101h-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, S 10112-4) [The next page is 641] 590 e e e 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] 641 e e e 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 .Cross 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 of the persons casting such ballots received by them at any such election. (Code 1966, ~ 11-3) [The next page is 791] 741 e e e EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION* Chapter 13 Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. In General, U 13-1-13-15 Human Relations Commission, U 13-16-13-25 Unlawful Practices, U 13-26-13-40 Public Contracts, U 13-41-13-55 Procedures For Filing and Processing Complaints, U 13-56- 13-70 The Organizational Structure and Responsibilities For Carrying Out the City's Commitment to the Principle of Nondiscrimination in City Employment, U 13-71-13.78 ARTICLE I. IN GENERAL Sec. 13-1. Declaration of policy. (a) The practice or policy of discrimination against individuals by reason of race, sex, religion, age, color, national origin, ancestry, physical handi- cap, or marital status 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 foundations of a free democratic state. It is hereby declared to be the policy of the city to eliminate and prevent discrimination in all employment relations, to elimi- nate and prevent discrimination, segregation or separation in all areas of public accommodations, and eliminate and prevent discrimination, segre- gation 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, reli- gion, age, color, national origin, ancestry, physi- cal handicap, or marital status, in securing and holding, without discrimination, employment in any field of work or labor for which he is properly qualified or qualifiable, to assure equal opportu- nities to all persons within this city to full and equal public accommodations, and to assure equal opportunities in housing without distinction on account of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status. It is further declared that the opportunity to secure and to hold employment, the opportu- nity for full and equal public accommodations as conveyed by this chapter and the opportunity for full and equal housing are civil rights of every citizen. To protect these rights, it is hereby de- clared to be the purpose of this act to establish and to provide a city human relations commission and a human relations department. (Code 1966, ~ llA-l) Sec. 13-2. Definitions. (a) This chapter prohibits discrimination based upon sex, and accordingly, the personal pronouns and gender of nouns used in this chapter shall not be construed as limiting the provisions of this chapter to one or to the other sex. (b) When used in this chapter, the following words shall mean: (1) Chairman shall mean the chairman of the human relations commission. (2) Commission shall mean the human rela- tions commission as created by this chapter. (3) Complainant shall mean any person claim- ing to be aggrieved by any unlawful discrim- inatory practice or violation of this chapter. (4) Contract shall mean any contract entered into by the city or any of its agencies. (5) Contractor shall mean any individual, part- nership, corporation, association or other entities entering into a contract with the city and who is an employer as herein defined. .Cross reference-Administration, Ch. 2. State law reference-Kansas acts against discrimination, K.S.A. 44-1001 et seq. 791 ~ 13-2 SALINA CODE (6) Director shall mean the director of the human relations department. (7) Employee shall mean any person employed by an employer but does not include any individual employed by his parents, spouse or child. (8) Employer includes any person in this city employing four (4) or more persons and any person acting directly or indirectly for an employer as herein defined and, labor or- ganizations, nonsectarian corporations, and organizations engaged in social service work, and the city and all political and municipal subdivisions thereof but shall not include a nonprofit fraternal or social association or corporation. (9) Employment agency includes any person or governmental agency undertaking with or without compensation to procure opportu- nities to work, or to procure, recruit, refer or place employees. (10) Family includes a single individual. (11) Financial institution shall mean any per- son regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property. (12) Hotel, motel, and restaurant shall have the meanings ascribed to them respectively by K.S.A. 36-501. (13) Housing accommodations shall mean: a. Any building or portion thereof, whether such building or portion is constructed or is to be constructed, which is used or intended for use as the residence or sleeping place of one or more persons. b. The term "housing accommodations" shall not mean or include: 1. The rental of a dwelling, or a por- tion thereof, containing accommoda- tions for no more than two (2) fam- ilies, one of which is occupied by the owner or his family at the time of rental; 2. The rental of less than four (4) rooms in a one-family dwelling to another person or persons by the owner or occupant of such accommodations in which he or members of his fam- ily reside. (14) Labor organization includes any organiza- tion which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning griev- ances, terms or conditions of employment, or of other mutual aid or protection in rela- tion to employment. (15) Occupational qualifications as used herein, are those qualifications which can be shown to be demonstrably valid to the normal op- eration or performance of a particular job, business or enterprise. (16) Owner shall mean and include the owner, lessee, sublessee, assignee, manager, agent, or other person, firm or corporation, hav- ing the right to sell, rent or lease any hous- ing accommodation or real property within the corporate limits of the city. (17) Person includes one or more individuals, partnerships, associations, organizations, cor- porations, municipal corporations, quasi- municipal corporations, governmental agen- cies, public bodies, legal representatives, trustees, trustees in bankruptcy, receivers, fiduciaries, mutual companies or unincor- porated organizations. (18) Person aggrieved means any person claim- ing to have been injured by an unlawful act, or who believes he will be injured by any such unlawful act or practice that is about to occur. (19) Probable cause means the presence of a rea- sonable ground for belief in the existence of the alleged fact of a violation of any statute, ordinance, or other authority, or- ders, rules or regulations. (20) Public accommodations shall include any person herein who caters or offers his goods, services, facilities and accommodations to the public, including all city agencies which serve the public, but shall not include a nonprofit fraternal or social organization or corporation. 792 e e e EQUAL OPPORTUNITY, AFF1RMATIVE ACTION (21) Real estate broker shall mean any person who, for a fee or other valuable consider- ation, sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of housing accommodations or real property of another person. (22) Real estate salesman or agent shall mean any person employed by a real estate bro- ker to perform, or to assist in the perform- ance of, any or all of the functions of a real estate broker. (23) Real property means and includes: a. All vacant or unimproved land; and b. Any facility or structure which is oc- cupied or designed or intended for oc- cupancy, or any building or structure having a portion thereof which is oc- cupied or designed or intended for occupancy. (24) Respondent shall mean any person alleged to have committed any unlawful act or vio- lation of this chapter. (25) Subcontractor shall mean any individual, partnership, corporation, association, or other entity, or any combination of the foregoing which shall undertake, by virtue of a sepa- rate contract with a contractor as defined herein to fulfill all or any part of any con- tractor's obligation under a contract with the city, or who shall exercise any right granted to a franchise holder, and who is an employer as herein defined. (26) To rent means to lease, sublease, to let or otherwise to grant, for a consideration, the right to occupy premises not owned by the occupant. (27) Unlawful employment practices includes those unlawful practices and acts specified in K.S.A. 44-1009. (28) Unlawful housing practice means any dis- crimination or segregation or separation against any person or group of persons be- cause of race, sex, religion, age, color, na- tional origin, ancestry, physical handicap or marital status, and shall include only ~ 13-15 those unlawful practices and acts as set forth in this chapter. (29) Unlawful public accommodation practice means any discrimination against persons in a hotel, motel, cabin, camp, restaurant, or trailer court; and the segregation against persons in an area of public accommoda- tions covered by this chapter by reason of their race, sex, religion, age, color, national origin, ancestry, physical handicap, or mari- tal status. The term "unlawful public ac- commodation practice" also means any dis- crimination against persons in a bar, tav- ern, barbershop, beauty shop, amusement park, recreation area, bowling alley, billiard parlor, theatre, skating rink, swimming pool, lake, gymnasium, mortuary, cemetery, or educational institution which is open to the public, or any public transportation facili- ty. The term "unlawful public accommoda- tion practice" also means any discrimina- tion against persons in the full and equal use and enjoyment of the services, facili- ties, privileges and advantages of any in- stitution, department or agency of govern- ment within the legal boundaries of the city. (Code 1966, ~ llA-2) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sec. 13-3. Construction. The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any other law of this city relating to discrimination because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital sta- tus unless the same is specifically repealed by this chapter. 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. Noth- ing contained in this chapter shall require any person to commit any act, or be a party thereto, which would constitute a violation of any existing law or ordinance. (Code 1966, ~ llA-80) Sees. 13-4-13-15. Reserved. 793 ~ 13-16 SALINA CODE ARTICLE II. HUMAN RELATIONS COMMISSION. Sec. 13-16. Created. There is hereby created the human relations commission. (Code 1966, ~ llA-10) Sec. 13-17. Composition, appointment. The human relations commission shall consist 'of nine (9) members, at least three (3) of whom shall be members of significant ethnic or minor- ity groups within the community, who shall be appointed by the mayor, with the consent of the board of commissioners. (Code 1966, ~ llA-10) Sec. 13-18. Terms. Initial appointments to the human relations commission shall be for one (1), two (2), and three (3) year terms and thereafter all appointments shall be for a term of three (3) years and until his successor is qualified, provided no person shall serve for more than eight (8) consecutive years. The term of office of each chairman and vice- chairman 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 immediately subsequent term be made by the mem- bers of the commission by unanimous vote. (Code 1966, ~ llA-10) Sec. 13-19. Compensation. The members of the human relations commis- sion shall serve without compensation. (Code 1966, ~ llA-10) Sec. 13-20. Officers. The human relations commission shall elect, by secret ballot, one of its members as chairman, who shall preside at all meetings of the commis- sion and perform all the duties and functions of the chairman thereof. The mayor shall convene the first meeting of the commission and conduct the election of the chairman. The commission shall *eross references-Administration, Ch. 2; boards and com- missions generally, li 2-136 et seq. State law reference-State commission on civil rights, K.S.A. 44-1003 et seq. elect, in the same manner, one of its members as vice-chairman who shall act as chairman during the absence or incapacity of the chairman and, when so acting, the member so designated shall have and perform all the duties and functions of the chairman of the commission. The chairman or vice-chairman may resign from his office at any time during his term and may do so without re- signing from the commission. In such event, the commission shall elect another member to replace him, and such person shall serve the unexpired term of the person he replaces. (Code 1966, * llA-10) Sec. 13-21. Quorum. A majority of the presently serving members of the human relations commission shall constitute a quorum for the purpose of conducting the busi- ness thereof. (Code 1966, ~ llA-10) Sec. 13-22. Powers and duties. The human relations commission shall have the following functions, powers, duties and re- sponsibili ties: (1) To hear appeals from a decision made by the investigating commissioners that no probable cause exists for a complaint as provided in section 13-56. In the event of an appeal, the commission shall make an independent investigation of the complaint and if probable cause is found to exist for such complaint, shall refer the complaint back to the director with instructions for further proceedings. (2) Hold public hearings, administer oaths, take the testimony of any person under oath, receive evidence relating to any matter under investigation or any question before the commission, make findings of fact, issue orders and publish such findings of fact and orders and do all other things neces- sary and proper for the enforcement of this chapter. The commission may, at the re- quest of the complainant, the respondent, or upon its own motion, issue process to compel the attendance and testimony of any person, and require the production of books, 794 e e e EQUAL OPPORTUNITY, AFFIRMATIVE ACTION papers or any other evidence relating to any matter under investigation. The com- mission may direct the human relations director to serve such process. In the event such an order is not complied with, the commission may request the city attorney to file the appropriate action in the county district court in order to obtain compliance. (3) In conducting a hearing, the commission shall have access at all reasonable time to premises, records, documents and other ev- idence or possible sources of evidence, and may examine, record, and copy such materi- als and take and record the testimony or statements of such persons as are reason- ably necessary for the furtherance of the investigation. In the case of the refusal of any person to testify or provide access to information as set forth immediately above, the commission, through the city attorney, may request the county district court to order such person to comply with such re- quest. The commission may take testimony under oath or affirmation. (4) To endeavor to eliminate prejudice among the various groups in this city and to cre- ate harmonious relationships among the various persons and agencies within this city. (5) To establish or create an advisory and/or conciliatory agency to study the problems of youth, aged, physically handicapped, and disadvantaged, and who may recommend to the board of commissioners human rela- tions policies, procedures and programs. Such advisory and/or conciliatory agency shall be composed of representative citizens serv- ing without pay. The commission may it- self make the studies and perform the acts authorized by this article. It shall, by vol- untary conference with parties in interest, endeavor by conciliation and persuasion to eliminate discrimination. (6) To accept contributions from any person or governmental unit to assist in the effectu- ation of this article; and to seek and enlist ~ 13-25 the cooperation, including financial assis- tance, of private, charitable, religious, labor, civic, or benevolent organizations for the purpose of this article. (7) To actively promote the purpose of, and information about, this chapter through pub- lic appearances, speaking engagements, news media, publications, etc., and to issue such publications and such results of investiga- tion and research as in its judgment, will tend to promote good will and minimize or eliminate discrimination because of race, sex, religion, age, color, national origin, an- cestry, physical handicap, or marital status. (8) To render each year to the board of com- missioners a full written report of all of its activities and of its recommendations. (9) To receive and accept, through the govern- ing body, city, county, state, and federal funds to effectuate the purposes of this chap- ter; and to act as the contracting agency in agreements with any governmental agen- cy, for such purposes, as may be designated and approved by the board of commissioners. (10) To cooperate with the state commission on civil rights and with other organizations or agencies, both public and private, whose purposes are not inconsistent with those of this chapter. (11) To meet regularly once each month at a place and time decided by the commission and to adopt rules and regulations to con- duct necessary business. Special meetings may be called by the chairman or by a majority of the members of the commission then presently serving. (12) To regularly advise the members of the governing body, through distribution of its agenda, minutes, memoranda, reports, and other pertinent documents, the items of busi- ness before the commission, the ongoing status of such items, and the disposition of such items. (Code 1966, ~ llA-ll) Sees. 13-23-13-25. Reserved. 795 ~ 13-26 SALINA CODE ARTICLE III. UNLAWFUL PRACTICES Sec. 13-26. Unlawful employment practices. (a) It shall be an unlawful employment practice: (1) For an employer, because of race, sex, reli- gion, age, color, national origin, ancestry, physi- cal handicap or marital status of any indi- vidual to refuse to hire or employ, or to bar or discharge from employment such individual; or to otherwise discriminate against such indi- vidual in compensation, or in terms, condi- tions or privileges of employment; or to limit, segregate, separate, classify or make any dis- tinction in regard to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, segregation, or separation without a valid business motive; (2) For a labor organization, because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status of any individual, to exclude or to expel from its membership such individual; or to discrimi- nate in any way against any of its members, or against any employer, or against any in- dividual employed by the employer; (3) For any employer, employment agency, or labor organization to print or circulate or cause to be printed or circulated, any statement, advertisement, or publication, or to use or make any inquiry in connection with prospec- tive employment or membership, which ex- presses, directly or indirectly, any limitation, specification, or discrimination as to race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status, or any intent to make any such limitation, specifi- cation, or discrimination, unless based on a bona fide occupational qualification; (4) For any employer, employment agency, or labor organization to discharge, expel, or oth- erwise discriminate against any person be- cause he has opposed any practices or acts forbidden under this chapter or because he 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 re- fuse to refer an individual for employment, or otherwise discriminate against any individ- ual because of his race, sex, religion, age, color, national origin, ancestry, physical hand- icap or marital status; or to comply with a request from an employer for a referral of applicants for employment if the request ex- presses, either directly or indirectly, any lim- itations, specifications, or discrimination as to race, sex, religion, age, color, national ori- gin, ancestry, physical handicap or marital status unless such request .is accompanied by a demonstrably valid occupational qualification; (6) For an employer, labor organization, employ- ment agency or school which provides, coor- dinates, or controls apprenticeship, on the job training, or other training or retraining pro- gram, to maintain a practice of discrimina- tion, segregation, or separation because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital sta- tus, in admission, hiring, assignment, upgrad- ing, transfers, promotion, layoff, dismissal, apprenticeship, or other training or retrain- ing programs; or in any other terms, condi- tions, or privileges of employment, member- ship, apprenticeship, or training; or to follow any policy or procedure which, in fact, results in such practices, without a valid business motive or occupational qualification; (7) For any person, whether an employer or an employee, or not, to aid, abet, incite, compel, or coerce the doing of any acts forbidden under this chapter or to attempt to do so. (b) The provisions of this article shall not apply to part-time, temporary, or seasonal employees. Nor shall the provisions of this article prevent the enforcement of any bona fide retirement plan. (Code 1966, SS llA-30, llA-31) Sec. 13-27. Unlawful public accommodations practices. It shall be an unlawful public accommodations practice for any person as defined herein being the owner, operator, lessee, manager, administra- 796 e e e EQUAL OPPORTUNITY, AFFIRMATIVE ACTION tor, agent or employee of any place of public accommodation: (1) To refuse, deny or make a distinction directly or indirectly in offering its goods, services, facilities and accommodations to any person as covered by this chapter, because of race, sex, religion, age, color, national origin, an- cestry, physical handicap or marital status; (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 attempt to do so; (3) Nothing in this chapter shall prohibit a reli- gious organization, association or society, or any nonprofit institution or organization oper- ated, supervised, or controlled by or in con- junction with a religious organization, associa- tion, or society, from limiting its offerings of goods, services, facilities, and accommodations, to persons of the same religion, or from giv- ing preference to such persons, provided that such offerings above mentioned are not, in fact, offered for commercial purposes; (4) Nor shall anything in this chapter prohibit a nonprofit private club, in fact not open to the public, which incident to its primary purpose or purposes, provides certain public accom- modations herein defined, for other than com- mercial purposes, from limiting such accom- modations to its members, or giving prefer- ence to its members and guests of its mem- bers. (Code 1966, ~ llA-40) Sec. 13-28. Unlawful discriminatory housing practices. It shall be an unlawful housing practice: (1) For the owner, real estate broker, real estate salesman, or employee or agent thereof: a. To refuse to sell, rent, assign, lease, or sublease, or offer for sale, rental, lease, assignment or sublease any real property or part or portion thereof to any person or to refuse to negotiate for the sale, rent- ~ 13-28 aI, lease, assignment, or sublease when in fact it is so available, or otherwise to deny or withhold any housing accommo- dations or real property or any part or portion thereof to or from any person; b. To discriminate against any person in the terms, conditions, or privileges ofthe sale, rental, lease, assignment, or sublease of any housing accommodations or real property or part or portion thereof or in the furnishing of facilities or services in connection therewith, or to require any person to discriminate against any other person in the use or occupancy of such housing accommodations; or c. To print, publish, circulate, issue, display, post or mail, or cause to be printed, pub- lished, circulated, issued, displayed, posted or mailed any statement, advertisement, publication or sign or to use any form of application for the purchase, rental, lease, assignment, or sublease of any housing accommodations or real property or part or portion thereof which expresses, directly or indirectly, any limitation, specification, or discrimination. The production of any such statement, advertisement, publici- ty, sign, form of application or record pur- porting to be made by any such person shall be prima facie evidence in any ac- tion that the same was authorized by such person. (2) For any person or financial institution to which application is made for financial assistance for the purchase, acquisition, construction, reconstruction, or remodeling of any housing accommodations or real property or portion thereof or any agent employee thereof: a. To discriminate against any person or prospective occupants or tenants of such housing accommodations or real property or part or portion thereof, in the grant- ing, withholding, extending, modifying, or renewing, or in the fixing of the rates, terms, conditions or provisions of any such financial assistance, or in the extension of service in connection therewith; or 797 ~ 13-2i-, SALINA CODE b. To use any form of application for such financial assistance or to make any re- cord or inquiry in connection with appli- cations for such financial assistance which expresses, directly or indirectly, any limita- tion, specification or discrimination as to race, sex, religion, age, color, national origin, ancestry, physical handicap, or mar- ital status, or any interest to make such limitation, specification or discrimination. (3) For any person, owner, real estate broker, real estate salesman, or agent thereof: a. To directly or indirectly solicit the sale, lease, or the listing for sale or lease of housing accommodations or real property on the ground of imminent, or prospec- tive entry into the neighborhood of a per- son or persons of a particular race, sex, religion, age, color, national origin, an- cestry, physical handicap, or marital sta- tus, or use such fact or suspicion as a sales or listing inducement or stimulant, or to distribute or cause to be distributed material or make statements designed to induce a property owner to sell or lease his property due to such fact, suspicion or imminent change in the neighborhood. b. To engage in any form of threats or re- prisal, or to engage in, or hire, or con- spire with others to commit acts or activ- ities of any nature, the purpose of which is to harass, degrade, embarrass, or to cause physical harm or economic loss to any person attempting to exercise or en- force the rights protected by this chap- ter; to aid, abet, incite, compel or coerce any person to engage in any of the un- lawful discriminatory housing practices defined in this chapter. (4) For any person, owner, real estate broker, real estate salesman, or agent thereof to know- ingly sell, rent, assign, lease or sublease any housing accommodation or real property which has been withheld from any person in viola- tion of this chapter, prior to the satisfactory adjustment of the matter with the director or the complainant, or the disposition of the mat- ter in court. (Code 1966, ~ llA-50) Secs. 13-29-13-40. Reserved. ARTICLE IV. PUBLIC CONTRACTS Sec. 13-41. 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, or services, shall contain provisions by which the contractor and any subcontractors agree that: (1) The contractor and subcontractor shall observe the provisions of this chapter and shall not discriminate against any person in the per- formance of work under the present contract because of race, sex, religion, age, color, na- tional origin, ancestry, physical handicap, or marital status, except by reason of a demon- strably valid qualification or business motive; (2) In all solicitations, or advertisements for em- ployees, the contractor shall include the phrase "equal opportunity employer," or a similar phrase to be approved by the director. (b) In all contracts 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 his contract with the city. (Code 1966, ~~ llA-60, llA-61) Sec. 13-42. Affirmative action by contractors required. Any contractor entering into a contract with the city and his subcontractors shall take affir- mative action to insure that employees are treated equally without regard to their race, sex, religion, age, color, national origin, ancestry, physical hand- icap or marital status. Such affirmative action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, re- cruiting or recruitment, advertising, layoff or ter- mination, rates of payor other forms of compen- sation and selection for training, including ap- 798 e e e EQUAL OPPORTUNITY, AFFIRMATIVE ACTION prenticeship. 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 provi- sions of this article. The contractor and his sub- contractors shall provide all affirmative action information and necessary documents to imple- ment the compliance with the requirements of all federal, state and local laws and ordinances. It shall be no excuse that the employer has a collec- tive bargaining agreement with any union pro- viding for exclusive referral or approval systems. The failure of the contractor or subcontractors to comply with the requirements of this article shall be grounds for cancellation, termination, or sus- pension of the contract in whole or in part by the board of commissioners with the contractor or subcontractors until satisfactory proof of intent to comply will be submitted to and accepted by the board of commissioners. (Code 1966, ~ llA-62) Sec. 13-43. Mfirmative 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 re- quire action by the contractor or subcontrac- tor to assure equal employment opportunity; (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; (4) Include provisions for implementation, moni- toring, and periodic evaluation in order to insure that it continues to be a valid plan. (Code 1966, ~ llA-63) Sec. 13-44. 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(b) (8); ~ 13-57 (2) Contracts and subcontracts not exceeding ten thousand dollars ($10,000.00); (3) Call type or purchase order agreements which do not exceed ten thousand dollars ($10,000.00) in total per calendar year; provided; vendors, contractors and suppliers who will supply or expect to supply the city with goods or ser- vices exceeding ten thousand dollars ($10,- 000.00) during the subsequent calendar year shall not be exempt from the requirements of this article; provided, the above exemptions shall not conflict with applicable state or federal laws. (Code 1966, ~ llA-64) Sees. 13-45-13-55. Reserved. ARTICLE V. PROCEDURES FOR FILING AND PROCESSING COMPLAINTS Sec. 13-56. Complaint, filing of. Any person claiming to be aggrieved by an al- leged unlawful act or practice may, by himself or by his attorney-at-law, make, sign and file with the director of human relations a verified com- plaint, in writing. The director or commission upon its own initiative, or the city attorney, may, in a like manner, make, sign and file such complaint. An employer whose employees, or some of whom, refuse or threaten to refuse to cooperate with the provision of this chapter may file a verified com- plaint asking for assistance by conciliation or other remedial action. (Code 1966, ~ llA-70) Sec. 13-57. 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, respons~ or report with the human rela- tions commission, the director or any of his per- sonnel, shall be guilty of a misdemeanor. (Code 1966, ~ llA-71) 799 ~ 13-58 SALINA CODE Sec. 13-58. Procedures for processing com- plaints. Procedures for processing the complaint shall be in accordance with the following: (1) The human relations department shall main- tain a docket of all legally filed complaints, and each complaint as initiated, shall be assigned an appropriate designation. (2) The director shall promptly notify the re- spondent by certified mail that a complaint has been filed. Such notice shall include: The name of the complainant; the date the complaint was filed; nature of the complaint and that the director or a member of his staff will, as soon as possible, proceed with processing of the complaint. (3) The director shall make, with the assistance of his staff, a prompt and full investigation of the alleged unlawful act or practice. (4) Upon completion of the investigation, two (2) commissioners will be assigned by the chairman to determine whether probable cause exists based on the investigation documentation. (5) A report on status of such investigation shall be made by the director to the city manager and to the investigating commis- sioners within thirty (30) days after origi- nal receipt of the complaint, provided that if information requested has not been ob- tained from the respondent, the period of time may be extended, not to exceed thirty (30) days, in which to make his reports. (6) If it is determined that probable cause ex- ists for crediting the allegations of the com- plaint, the director shall promptly endeavor to eliminate the unlawful discriminatory act or practice. The director shall not make public the details of such conciliatory pro- ceedings, but he may publish the terms of any conciliation agreement. (7) Failure to arrive at a satisfactory adjust- ment within fifteen (15) days after the re- spondent is notified in writing of a finding of probable cause may constitute sufficient reason for the department to judge efforts at conference and conciliation to be a failure. (8) Ifthe director of his staff succeed by confer- ence and conciliation, an agreement shall be prepared setting terms and conditions of the agreement. The terms of such concilia- tion agreement may include any promises and remedies, for retroactive, present or future effect, including all remedies which may be ordered by the commission, and including a provision for entry in court of a consent decree embodying terms of the con- ciliation agreement. (9) Upon receipt of a written request from ei- ther the complainant or respondent for a public hearing, the chairman of the com- mission or in his absence the vice-chairman, shall within five (5) days designate three (3) commissioners to conduct such public hearing. Such public hearing shall be held after reasonable notice to all parties of the time and place thereof, but within fifteen (15) days of receipt of the written request for the hearing. (10) The commission shall adopt such rules and procedures for conducting public hearings as it deems necessary and appropriate. (11) The city attorney or his assistant shall pro- vide legal counsel to the hearing panel. In the event the complaint is against the city or any of its officials or employees, the hear- ing panel will be represented by other legal counsel for such assistance. (12) The commission, on its own initiative, may at any time during the course of the inves- tigation or subsequent thereto, order a pub- lic hearing. (13) If the commissioners conducting said hear- ing conclude, by a majority vote, that the respondent has, in their opinion, engaged in unlawful discriminatory acts or prac- tices as alleged in whole or in part, by the complainant, the reviewing board shall exercise any of the following options or a combination of same: 800 e e e EQUAL OPPORTUNITY, AFFIRMATIVE ACTION Cease and desist: Directing the re- spondent to cease and desist from such unlawful practice; and Issue such orders in writing as the facts warrant. Such order may require the respondent to cease and desist from such unlawful acts or practices and to take such affirmative action as necessary to comply with the provisions of this chap- ter, including a requirement for a re- port or reports of the manner of com- pliance of the law; and Compensatory damages: Awarding of compensatory damages to the person aggrieved by such practice, as will ef- fectuate the purpose of the law; and Punitive damages: Awarding of puni- tive damages to the persons aggrieved by such practices, as will effectuate the purpose of the law. (14) If the commissioners conducting said hear- ing conclude, by a majority vote, that the respondent has, in their opinion, not en- gaged in unlawful discriminatory acts or practices as alleged in whole or in part by the complainant, they shall make a finding of no violation, and shall issue and order based on such finding dismissing the com- plaint to such respondent. a. b. c. d. (15) Failure to comply with or violation of any conciliatory agreement entered into by the complainant or respondent or failure to com- ply with any order issued by the reviewing shall be cause for the commission to request the city attorney or other legal counsel which they have retained in the case to under- take and proceed with appropriate legal action. (Code 1966, ~ llA-72; Ord. No. 81-8889, ~ 1, 12-7-81) Sec. 13-59. Time for iIling complaint. (a) Any person claiming to be aggrieved by rea- son of an alleged unlawful act or practice must file his complaint with the director of human re- lations within the following periods of time from the date of the alleged incident towit: (1) For violation of any of the unlawful employ- ment practices specified in section 13-26 within ~ 13-71 ninety (90) days from the date of the alleged incident; (2) For violation of any unlawful public accom- modation practice as specified in section 13-27, within ninety (90) days from the date of the alleged violation; (3) For violation of any unlawful housing prac- tices as specified in section 13-28, within thirty (30) days from the alleged incident; (4) For violation of any unlawful practices under public contracts as specified in article IV of this chapter, within ninety (90) days from the date of the alleged incident. (b) Failure to file a claim within the periods above specified shall constitute a waiver on the part of the complainant of any breach of this chap- ter. (Code 1966, ~ llA-73) Sees. 13-60-13-70. Reserved. ARTICLE VI. THE ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES FOR CARRYING OUT THE CITY'S COMMITMENT TO THE PRINCIPLE OF NONDISCRIMINATION IN CITY EMPLOYMENT Sec. 13-71. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them: (1) Directors means the director of personnel and the director of human relations. (2) 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. Eth- nic categories as defined by Federal EEOC are: a. The category "white" should include per- sons of Indo-European descent, including Pakistani and East Indian. b. The category "black" should include per- sons of African descent as well as those 801 ~ 13-71 SALINA CODE identified as Jamaican, Trinidadian and West Indian. c. The category "Spanish Surnamed" should include persons of Mexican, Puerto Rican, Cuban, Latin American or Spanish descent. d. The category "American Indian" should include persons who identify themselves or are known as such by virtue of tribal association. e. The category "Asian American" should include persons of Japanese, Chinese, Ko- rean, or Filipino descent. f. The category "other" should include Aleuts, Eskimos, Malayans, Thais, and others not covered by the specific categories on the form. (3) Program means the affirmative action pro- gram. (Code 1966, ~ llA-91) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sec. 13-72. Administration. The administration of this article shall be the responsibility of the city manager. (Code 1966, ~ llA-90) Sec. 13-73. Selection standards. (a) The directors will cause a review of all job specifications to assure that requirements contained therein are job related and do not present unrea- sonable barriers for entry by minority or female applicants. (b) The directors will cause a review of all writ- ten examinations administered to assure that they do not have a discriminatory effect on minority or female applicants. (c) As new classifications are established, or new selection standards utilized, the directors will review each standard to assure its nondiscrimi- natory nature. (Code 1966, ~ llA-92) Sec. 13-74. 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 pub- lic locations in at least three (3) places through- out the city. The director of personnel shall be responsible for seeing that an advertisement is given publication in at least one and not more than three (3) periodical news agencies with gen- eral circulation in the city. The city shall be re- sponsible for the payment of all advertising costs. No person shall be employed to fill any vacancy, except in the "semiskilled and laborer-type" cat- egory, within ten (10) days after the vacancy is listed with the director of human relations, un- less in the opinion of the city manager an emer- gency exists. Vacancies in the "semiskilled and laborer-type" category may be filled after publi- cation of the vacancy. All applications for employ- ment shall be filed with the director of personnel. (b) Recruiting efforts shall be directed toward educational institutions having minority and/or female enrollment. (c) Communications and referral relationships to be established and maintained with groups and organizations likely to yield minority or female applicants. (d) Advertising for applicants shall be done in the manner most likely to reflect the city's affirma- tive desire to attract minority and female appli- cants. (Code 1966, ~ llA-93) Sec. 13-75. Mfirmative management. (a) It shall be unlawful for the head of any department, official agent, or employee of the city or of any department thereof acting for or on behalf of said city in any manner involving em- ployment by the city to discriminate against any person otherwise qualified in employment or in tenure, terms or conditions of employment, or to discriminate in promotion or increase in compen- sation; or to publish offers of or to offer employ- ment based upon such discrimination; or to adopt or enforce any rule or employment policy which discriminates between employees or prospective employees; or to seek information relating to age, race, sex, religion, color, national origin, ancestry or physical handicap from any person or employ- 802 e e e EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ 13-78 ee, as a condition of employment, tenure, term or in connection with conditions of employment, pro- motion or increase in compensation unless such information is demonstrably valid as being an essential occupational qualification, or to discrimi- nate in the selection of personnel for training. (b) The directors will work closely with each department head in the following areas: (1) Classification plan: Analyze and restructure where justified to provide maximum oppor- tunity for applicants to qualify for employ- ment, as well as, for employees to advance. (2) Staff orientation: Initiate programs to assure that all personnel responsible for selection and supervision are aware of and provided with training to develop skill in implement- ing the affirmative action program. (3) Identify areas for concentrated efforts: The di- rectors shall develop statistical information relative to the utilization of minorities and females in all departments of the city, iden- tify areas of deficiency, and develop goals and methods for correcting such deficiencies. (Code 1966, ~ llA-94) Sec. 13-76. Evaluation committee. (a) There is hereby established an affirmative action evaluation committee composed of the city manager or his designee, the director of person- nel, the director of human relations and other department heads as the city manager may deem appropriate. 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 modifi- cations as may be necessary to assure maximum effective implementation of the program. (Code 1966, S llA-95) Sec. 13-77. Training for upward mobility. The city manager will take measures to assure that maximum opportunity is offered to minori- ties and women for entry into training or educa- tional programs which will enhance their employ- ment for upward mobility potential. (Code 1966, S llA-96) Sec. 13-78. Reports. The city manager will submit an annual report to the board of commissioners on the status of the affirmative action program. (Code 1966, S llA-98) [The next page is 853] 803 e e e - . Chapter 14 FIRE PREVENTION AND PROTECTION. Art. I. In General, H 14-1-14-16 Art. II. Firemen's Relief Association, H 14-17-14-40 Art. III. Fire Prevention Code, H 14-41-14-79 Div. 1. Generally, ** 14-41-14-50 Div. 2. Fireworks, ** 14-51-14-65 Div. 3. Liquefied Petroleum Gases, ** 14-66-14-75 Div. 4. Miscellaneous Hazards, ** 14-76-14-79 ARTICLE I. IN GENERAL Sec. 14-1. Charge for fire protection on prop- erty outside the city limits. (a) The annual charge for fire protection fur- nished by the city for any property located out- side the limits of the city, pursuant to K.S.A. 80-1502, shall be periodically determined by reso- lution adopted by the board of commissioners; provided, however the compensation shall always be at least sufficient to pay the city for the rea- sonable use of equipment and for the cost of ma- terials used, salaries and benefits of fire person- nel and to enable the city to carry a sufficient amount of insurance to indemnify it for loss or damage to any fire fighting equipment, or injury or damage to persons or property (if the city be actually liable therefor). (b) The city manager is directed and author- ized to implement this policy and to negotiate contracts based on this policy and any resolution determining the level of compensation for this service. (Code 1966, ~ 12-1; Ord. No. 83-8984, ~ 1, 12-19-83) Sec. 14-2. Obstructing hydrants. No person shall place or cause to be placed upon or about any fire hydrant any rubbish, build- ing material, fence or other obstruction of any character whatsoever so as to in any manner ob- struct, hinder or impede the fire department in the performance of its duties in case of a fire in the vicinity of such hydrant. (Code 1966, * 12-17) Sec. 14-3. Resisting firemen. Any person who shall hinder, obstruct or resist any fireman in the performance of his duties shall be deemed guilty of a misdemeanor. (Code 1966, * 12-16) Cross reference-Offenses affecting governmental functions, * 25-21 et seq. Sec. 14-4. Command at fires. The fire chief shall have the authority over all persons at fires and shall have the power to re- move and keep away from the vicinity of any fire any person and obtain the aid of any person to assist and control in the situation. The fire chief shall have the authority to take whatever actions as he deems necessary for the control of any situ- ation threatening life or property. In the absence of the fire chief, the assistant fire chief or next higher officer in the department shall be in com- mand. (Code 1966, * 12-15) Sec. 14-5. Authority to remove structures to check fire. The fire department may, under the direction of the chief, or in his absence, under the direction of the assistant chief, tear down or remove any building, erection or fence for the purpose of check- ing the progress of any fire, every reasonable ef- *Cross references-Buildings and structural appurtenances, Ch. 8; removal of wires, turning ofT current in case of fire, * 8-82; false fire alarms, * 25-84; burning of garbage, * 34.32; smoking, lighting matches, lighters on buses, * 40-2; payment upon retirement to certain members of the fire department, App. A, Charter ord. no. 15. State law reference-Fire protection, K.S.A. Ch. 31. Supp. No.2 853 ~ 14-5 SALINA CODE fort having been made to check the flames by other means. (Code 1966, ~ 12-22) Sees. 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 3pecified. The officers of the firemen's relief association shall consist of a president, vice-president, secre- tary and treasurer amI a board of directors which shall consist of the president, vice-president, secre- tary and two (2) members, to be selected as pro- vided by the bylaws of ",he firemen's relief associ- ation. (Code 1966, ~ 12-39) Sec. 14-19. Bylaws, r-egulations authorized. The fireman's relief association shall adopt such bylaws, rules and regulations as it may deem advisable in carrying out and promoting the ob- jects of the association, not inconsistent with this article 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) Sec. 14-21. Custody of funds; bond of treasurer. The treasurer of the firemen's relief association shall at all times be the custodian of all funds belonging to the association, and he shall give -Cross references-Administration, Ch. 2; boards and com. missions generally, ~ 2-136 et seq. State law reference-Firemen's relief fund, K.S.A. 40-1701 et seq. Supp. No.2 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) Sec. 14-22. Procedure for disbursements. The firemen'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 firemen's relief association for the use and pur- poses of the relief fund. In an cases involving expenditures or payments in an amount of five hundred dollars ($500.00) or more prior certifica- tion shall be obtained from the city attorney that such expenditure or payment complies with K.S.A. Chapter 40, Article 17. (Code 1966, ~ 12-44) Sec. 14-23. Statutory limitation on use of funds. All moneys received by the treasurer of the firemen's relief association for firemen's relief shall be set apart and used by the firemen's relief associ- ation solely and entirely for the objects and pur- poses set forth in this article and as set forth in K.S.A. Chapter 40, Article 17, and shall be paid to and distributed by the firemen's relief associa- tion under such provisions as shall be made by the board of commissioners. (Code 1966, ~ 12-45) Sec. 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 854 e e e - e FIRE PREVENTION AND PROTECTION 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; provid- ed, 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) Sec. 14-25. Funds to be held in trust; purpose for which used; loans to city. All moneys collected and received by the fire- 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 gratui- ties to the widow or those dependent on any mem- ber of such fire department who may be killed in the discharge of his duties as fireman, or who may die from the effects of injuries so received or from disease contracted by reason of his duties as such, and for the payment of the necessary fu- neral expense of any member of such fire depart- ment when killed in the discharge of his duties as fireman, or in the case of death resulting from injuries so received or disease contracted by rea- son of his duties as such, or for the further pur- pose of paying a pension to members who are unfit for service for having served for a period of not less than twenty (20) years on the depart- ment, such pension not to exceed in amount one- half of the monthly salary at the date of retire- ment, or for the purchase of insurance which would provide for any and all of the foregoing purposes for which such fund is authorized; provided how. ever, 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 semiannually at a rate of not to exceed six (6) percent per annum. (Code 1966, ~ 12-47) Supp. No.5 ~ 14-41 Sec. 14-26. Limitations on insurance. 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 associ- ation as beneficiary and must not contain 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 acci- dental injuries or disease suffered or contract- ed, 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 members to pay the additional cost over the limited coverage, which additional cost is hereby determined to be fifteen (15) percent of the total premium on the policy. (Code 1966, * 12-48) Sec. 14-27. Double benefits prohibited. No person having been a regularly paid mem- ber of the fire department shall be entitled to receive benefits in the form of relief and pensions at the same time and such double benefits are hereby prohibited. (Code 1966, * 12-49) Sees. 14-28-14-40. Reserved. ARTICLE III. FIRE PREVENTION CODE DIVISION 1. GENERALLY Sec. 14-41. Adoption of National Fire Code. There is hereby adopted by reference the 1981 Edition of the National Fire Codes, as published by the National Fire Protection Association, ex- cept for the Life Safety Code 101 which shall be as in use by the state fire marshal. Not fewer than three (3) copies of such code have been and 855 ~ 14-41 SALINA CODE are now filed in the office of the city clerk. (Code 1966, ~ 12-76) 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 provision of the fire prevention code hereby adopted 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 sub- mitted and approved hereunder, or any certifi- cate or permit issued thereunder, and from which no appeal has been taken hereunder, shall sever- ally for every violation and noncompliance, re- spectively, be guilty of a misdemeanor. The impo- sition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons or corporations shall be required to correct or remedy such violations or defects within a reasonable time; and when not other- wise specified each ten (10) days that prohibited conditions are maintained shall constitute a sep- arate offense. The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions. (Code 1966, * 12-113) Sees. 14-43-14-50. Reserved. DIVISION 2. FIREWORKS Sec. 14-51. Defined. Fireworks shall mean and include any combus- tible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, 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 Supp. No.5 content per cap, and/or toy pistols, toy canes, toy guns or other devices for the use of such caps; snakes or 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 burns, howev- er, these devices may not contain mercuric thio- cyanate; smoke devices, which are defined as tubes, cones, or spheres containing pyrotechnic compo- sition that, upon ignition, produce white or col- ored 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 quan- tity of explosive composition that is friction sensitive with a string which protrudes 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 composition which then pro- duces a small report; (3) Snappers, which are defined as small, paper- wrapped items containing a minute quantity of explosive composition coated 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 or pyrotechnic 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 containing one of the pegs, a small report is produced; (6) Auto burglar alarms, which are defined as tubes that contain pyrotechnic composition 856 e e e e e FIRE PREVENTION AND PROTECTION that produce a loud whistle and/or smoke when ignited, also, a small quantity 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 rules of construction gen- erally, ~ 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, using. (a) Except as hereinafter provided it shall be unlawful for any person to store, to offer for sale, expose for sale, sell at retail, or 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 fireworks by the city, fair associations, amusement parks, and other or- ganizations. Every such display shall be handled by a competent operator approved by the chiefs of the police and fire departments of the city, and shall be of such character, and so located, dis- charged or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property 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) 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 Supp. No.5 9 14-65 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. Disposal of unfired fireworks. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fire- works remaining. (Code 1966, ~ 12-123) Sec. 14-56. Exceptions. Nothing in this division shall be construed to prohibit the use offireworks by railroads or other transportation agencies for signal purposes or il- lumination, 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 mili- tary organizations. Such agencies shall store their supplies of fireworks in accordance with the fire code. (Code 1966, ~ 12-124) 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, sell- ing, 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 K.S.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) Cross reference-Nuisances generally, Ch. 24. Sees. 14-59-14-65. Reserved. 857 ~ 14.66 SALINA CODE 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 regula- tions as incorporated by reference by section 14-66 shall be guilty of a misdemeanor. (Code 1966, ~ 12-140) Sees. 14-68-14-75. Reserved. DIVISION 4. MISCELLANEOUS HAZARDS Sec. 14-76. Location for boiling pitch or tar. No person shall, within the city limits, boil any pitch, tar or other inflammable substance of like nature, unless the same is done in an open space not less than twenty (20) feet from any building or other property that can be endangered there- by, or within a building specially designated for such purpose and at, such distance from any other building as the fire chief shall direct. (Code 1966, ~ 12-146) Sec. 14-77. Open fires. It shall be unlawful for any person to set on fire, within the city, any leaves, grass, trash, rub- bish or other combustible materials at any time, other than in commercial type incinerators; pro- vided however, that the fire chief may designate periods when open fires will be permitted if regu- lations prescribed by him are carried out. The fire chief shall have authority to stop any open fire burning if he deems advisable; provided further however, that the chief of the fire department or a member of the department designated by him may issue a permit for open fires in the issuance of the same in his determination would not con- Supp. No.5 stitu.te a hazard, smoke nuisance or be detrimen- tal to neighboring property or persons. Prior to the issuance of the permit, the fire chief or his designee may require such person to give assur- ance that he will comply with any and all safety precautions and conditions as may be prescribed by him. (Code 1966, * 12-147) Sec. 14-78. Fires prohibited on streets. In no case shall any material be burned upon any avenue, street, alley or gutter within the city paved with Bitulithic, asphalt or concrete pave- ment or blocks or bricks. (Code 1966, * 12-148) Cross reference-Streets, sidewalks and other public places, Ch.35. Sec. 14-79. Sale of gasoline on streets, side- walks. It shall be unlawful for any person, either as principal or as the agent or representative of an- other, to sell and deliver or to offer to sell and deliver to any motor vehicle in or upon any public street, alley or thoroughfare within the city, any gasoline from any tank truck or similar vehicle wherein gasoline is transported for sale; provid- ed, that it is not intended and this section shall not operate against the sale and delivery ?f not to exceed three (3) gallons of gasoline upon the pub- lic streets and thoroughfares within the fire lim- its to a motor vehicle in the event such vehicle shall be then incapable of operation because of an actual and complete lack of gasoline; provided, that such emergency shall actually exist, without intent or purpose of the driver thereof to evade the provisions of this section; provided further, that nothing herein contained shall be construed to prohibit the delivery of gasoline to filling sta- tions and other places of business within the fire limits of the city, where gasoline is kept for sale and disposition, but in all instances where excep- tions to the provisions of this section are permit- ted, such delivery shall be made in a careful man- ner with due regard for the protection and safe- guard against explosions or combustion and with regard to the protection of property and of travel- ers or pedestrians upon the public streets and sidewalks of the city. (Code 1966, * 12-149) Cross reference-Streets, sidewalks and other public places, Ch.35. [The next page is 909] 858 e e e FLOOD PREVENTION AND CONTROL. Chapter 15 Art. I. In General, H 15-1-15-15 Art. II. Flood Protection Works, H 15-16-15-21 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) 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 detrimen- .Cross references-Buildings and structural appurtenances, Ch. 8; flood plain zoning district, ~ 42-426 et seq. State law reference-Flood plain regulation, K.S.A. 12-734 et seq. 909 ~ 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 city engineer. (Code 1966, ~ 13-16) [The next page is 961] 910 e e e - e FOOD AND FOOD HANDLERS. Chapter 16 Art. Art. I. In General, U 16-1-16-10 II. Establishments, U 16-11-16-22 ARTICLE I. IN GENERAL Sees. 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, ~ 1, adopted Jan. 23,1984, added Art. I, Div. 1, ~~ 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, ~ 9 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 ~ 16-13 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. COrd. 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. COrd. 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 ofthis article. COrd. 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. COrd. 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. COrd. 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. COrd. 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 of this article, located within the city. COrd. 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. COrd. 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 - e e e -- e 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 e e e Chapter 17 HEALTH AND SANITATION* Art. I. In General, ~~ 17-1-17-15 Art. II. City-County Board of Health, ~~ 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. Sees. 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- *Cross 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 ofthe 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 So- ciety, they shall appoint one member whose term shall expire July 1, 1979; *Cross 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, * 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. (f) 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 e e e 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 e e e Chapter 18 HOUSING. Art. I. In General, H 18-1-18-20 Art. II. Administration and Enforcement, ~~ 18-21-18-60 Div. 1. Generally, ~~ 18-21-18-40 Div. 2. Appeals, ~~ 18-41-18-60 Art. III. Use and Occupancy Regulations, H 18-61-18-80 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. 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 existence or hereafter constructed and which legislation: (1) Establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire for the use and location and amount of space for human occupancy, and for safe and sanitary main- tenance; (2) Determines the responsibilities of owners, op- erators and occupants of dwellings; and (3) Provides for the administration and enforce- ment thereof. (Code 1966, ~ 16-3) Sec. 18-4. Definitions. The following definitions shall apply to the en- forcement of this chapter: (1) Basement shall mean a portion of a build- ing located partly underground, but hav- ing 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 designate. (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 form- ing a single habitable unit with facilities .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. 1113 ~ lb-4 SALINA CODE which are used, or intended to be used, for were actually the record owner or owners living, sleeping, cooking and eating. of such property. (6) Garbage shall mean any accumulation of (14) Plumbing shall mean and include all of the animal, fruit or vegetable waste matter that following supplied facilities and equipment: attends the preparation, use, cooking, de- Gas or fuel pipes, gas or fuel burning equip- livering, or storage of meats, fish, fowl, fruits ment, water pipes, garbage disposal units, or vegetables. waste pipes, water closets, sinks, installed (7) Habitable dwelling shall mean any struc- dishwashers, lavatories, bathtubs, shower ture or part thereof that shall be used as a baths, installed clothes washing machines, home or place of abode by one or more catch basins, drains, vents and any other similar supplied fixtures, together with all persons. connections to water, sewer, gas or fuel lines. (8) Habitable room shall mean a room designed (15) Refuse shall include g"arbage and trash. to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, toi- (16) Rooming house shall mean any dwelling, let rooms, closets, halls and storage places, or that part of any dwelling containing one or other similar places, not used by persons or more rooming units, in which space is for extended periods. let by the owner or operator to three (3) or (9) Infestation shall mean the presence, within more persons who are not husband or wife, or around a dwelling, of insects, rodents or son or daughter, mother or father, or sister other pests. or brother of the owner or operator. (10) Multiple dwelling shall mean any dwelling (17) Rooming unit shall mean any room or group containing more than two (2) dwelling units. of rooms forming a single habitable unit used or intended to be used for living and (11) Occupant shall mean any person, over one sleeping; but not for cooking or eating year of age, living, sleeping, cooking, or purposes. eating in, or having actual possession of, a (18) Supplied shall mean paid for, furnished, or dwelling unit or rooming unit. provided by, or under the control of, the (12) Operator shall mean any person who has owner or operator. charge, care, or control of a building, or (19) Temporary housing shall mean any tent, part thereof, in which dwelling units or trailer, or other structure used for human rooming units are let. shelter which is designed to be transport- (13) Owner shall mean any person who, jointly able and which is not attached to the ground, or severally along with others, shall be in to another structure, or to any utilities sys- actual possession of, or have charge, care tem on the same premises for more than and control of any dwelling unit within the thirty (30) consecutive days, or one which city as owner, employee, or agent of the is located in a mobile homes court duly owner, or as trustee or guardian of the es- licensed by the city. tate or person of the title holder, and such (20) Trash, combustible shall mean waste con- person shall be deemed and taken to be the sisting of papers, cartons, boxes, barrels, owner or owners of such property within wood and excelsior, tree branches, yard trim- the true intent and meaning of this chap- ter and shall be bound to comply with the mings, wood furniture, bedding and leaves. provisions to the same extent as the record (21) Trash, noncombustible shall mean waste owner and notice to any such person shall consisting of metals, tin cans, glass, crock- be deemed and taken to be a good and suf- ery, other mineral refuse and ashes and ficient notice as if such person or persons street rubbish and sweepings. 1114 e e e - e (22) Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "room- ing house," "rooming unit," "premises," are used in this chapter, they shall be con- strued as though they were followed by the words "or any part thereof." (Code 1966, ~ 16-4) Cross reference-Definitions and rules of construction gen- erally, * 1-2. Sec. 18-5. Violations; nuisance declared. 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. It shall be a misdemeanor for any owner or occupant to maintain such a nuisance. (Code 1966, * 16-5) Cross reference-Nuisances generally, Ch. 24. 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 ac- cumulation of filth, rubbish, garbage or any sim- ilar matter. It shall be the duty of each occupant 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. If receptacles are not provided by the owner, then the occupant shall provide such receptacles as may be neces- sary to contain all garbage and trash. Every oc- cupant of a dwelling containing a single dwelling unit shall be responsible for the extermination 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 dwell- ing unit shall be responsible for such extermina- tion whenever his dwelling unit is the unit pri- marily infested. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwell- ing in a ratproof or reasonably insect-proof condi- tion, extermination shall be the responsibility of the owner and operator. Whenever infestation ex- ists 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, Supp. No.7 HOUSING ~ 18-22 extermination thereof shall be the responsibility of the owner. (Code 1966, * 16-7) 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, chim- neys, 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 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 ofthe violation. (Ord. No. 88-9262, ~ 4, 8-1-88) .Cross reference-Administration, Ch. 2. 1115 ~ 18-23 SALINA CODE 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, room- ing 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, dwell- ing unit, and rooming unit shall give the building official, or his authorized representative, free ac- cess 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 build- ing official, or his authorized representative, shall have recourse to every remedy provided by law to secure entry, including, but not limited to, appli- cation for a warrant or an order of the municipal court or the district court authorizing the inspection. (c) Occupant to give owner access 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 rea- sonable 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 prom- ulgated, or any order issued pursuant to the pro- visions 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 building official or his authorized representative determines that there has been a violation of any provisions of this chapter or any rule or regulation adopted pursuant hereto, he shall give notice of such al- leged violation to the person or persons who are Supp. No.7 or may be responsible therefor, as enumerated 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 dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for violation. Service shall be by personal service or by registered or certified mail, return receipt requested, de- livered 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 ad- dressed cannot be found or served after dili- gent effort to do 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 represen- tative shall include 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. 18-26. Designation, condemnation of unfit 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 1116 e e e - e exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such buildings, or other res- idents of the city, or which shall have a blight- ing influence on properties in the area. Such conditions may include the following without limitations: Defects therein increasing the haz- ards 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 property, the neigh- borhood or the city; walls, siding or exteriors of a quality and appearance not commensu- rate with the character of the properties in Supp. No.7 HOUSING ~ 18-26 1116.1 e e e 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 ofthis 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. 18-29. 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 e e e - e HOUSING 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 ~ 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. 1~. 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 e e e e e HOUSING 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 ~ 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 ofthe 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 him/her; 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 ~ 18-46 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 of the 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 unit shall 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 e e e 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 (0 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. 18-67. Basement and cellar 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, ~ 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, ~ 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) 1124 e e e - e HOUSING 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) Cross reference-Plumbing code, ~ 8-176 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, ~ 1,3-26-84) Editor's note-Ord. No. 84-9006, ~~ 1, 2, adopted March 26, 1984, repealed ~ 18-75 in its entirety and added new provisions. Former ~ 18-75 was concerned with privies and derived from Code 1966, ~ 16-71. Sec. 18-75.1. Same-Permit. Before commencement of construction of a pri- vate wastewater disposal system, the owner shall frrst 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 ($1.00) 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 ~ 18-75.5 tice by the director or his representative. (Ord. No. 84-9006, ~ 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 alLregulations 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 sub- 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, ~ 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, ~ 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, ~ 1,3-26-84) 1125 ~ 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, ~ 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, ~ 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, ~ 16-75) Sec. 18-80. Attached garages and non- dwelling areas. All non-dwelling 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 installation. 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, ~ 5, 8-1-88) 1126 [The next page is 1175] e e e Chapter 19 LIBRARY* Art. I. In General, H 19-1-19-20 Art. II. Library Board, H 19-21-19-38 ARTICLE I. IN GENERAL 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, S 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) 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 reference-Offenses against property, S 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, KS.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, KS.A. 12-1222. *Cross references-Administr~tion, Ch. 2; boards and com- missions generally, S 2-136 et seq. State law reference-Authority for library board, KS.A. 12-1222 et seq. *Cross reference-Streets, sidewalks and other public places, Ch. 35. State law reference-Libraries in general, K.S.A. Ch. 12, Art. 12. 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- pointl'!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, KS.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 sty Ie 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, K.S.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, KS.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, K.S.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, KS.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 sites 1176 - e e e - e LIBRARY 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-first 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 ~ 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 ~ 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. 7. State law reference-Similar provisions, K.S.A. 12-1215. [The next page is 1229] 1178 e e e Chapter 20 LICENSES* Sec. 20-1. License and compliance required. It shall be unlawful for any person, either as principal, officer, agent, servant or employee: (1) To conduct, pursue, carryon and operate in the city any of the trades, occupations, busi- nesses or professions specified in this Code without having first paid to the city clerk a license fee prescribed in section 2-2, and hav- ing procured a license from the city clerk signed by the city clerk to engage in and carryon such trade, occupation, business or profession; (2) To fail to comply with all the regulations as provided in this chapter. (Code 1966, ~ 20-1) Sec. 20-2. Application. Any person engaging in any of the trades, oc- cupations, 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 carryon such trade, occupa- tion, business or profession. Such application shall state the following facts: (1) The name and address of the applicant; (2) The nature and location of the business. (Code 1966, ~ 20-2) Sec. ,20-3. Age of licensees. No license shall be issued to a person under eighteen (18). Cross reference-Minors generally, Ch. 21. Sec. 20-4. Fees. (a) The application for a license shall be ac- companied 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 paid to the city clerk who shall issue receipts therefor, and such fees, with copies of the receipts, shall be turned over to the city treasurer by the city clerk. (c) All license fees shall be credited to the gen- eral fund except when another fund is specifically designated by ordinance. (Code 1966, ~~ 20-3-20-5) Cross reference-Establishment of license fee, ~ 2-2. Sec. 20-5. Issuance. The city clerk shall issue all licenses, except when otherwise provided, and sign the same and impress the city seal thereon. (Code 1966, ~ 20-6) 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, shall be dated, shall state the expiration date of the period for which the license shall run, the amount of the fee and such other information as may be appropriate. (Code 1966, ~ 20-7) .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, ~ 5-92 et seq.; license for private clubs, ~ 5-136 et seq.; licensing of amusements generally, ~ 6-1; license for carnivals, circuses and tent shows, ~ 6-16 et seq.; license for public dances, ~ 6-56 et seq.; license for food establishments having entertainment, ~ 6-86 et seq.; license for arcades, ~ 6-116 et seq.; license for music machines, ~ 6.141 et seq.; license for billiards and pool tables, ~ 6-166 et seq.; licensing of commercial animal establishments, ~ 7-116 et seq.; licensing of auctions and auctioneers, ~ 7.5-1; 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, ~ 23-36 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, ~ 32-26 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; taxation generally, Ch. 37; license for trimmers and traders of trees and shrubs, ~ 39-31 et seq.; license for freight vehicles, ~ 40.26 et seq.; business license for taxicabs, ~ 40-81 et seq.; drivers license for taxicabs, ~ 40.106 et seq. State law reference-Limitations and procedures for exercise of constitutional home rule power of taxation, K.S.A. 12-137. 1229 ~ 207 SALINA CODE Sec. 20-7. When fees due. (a) Annually. All license fees levied on an an- nual or yearly basis, shall be payable on or before January second of each calendar year and such licenses shall be deemed to expire on December thirty-first of each calendar year. (b) J3iannually. All license fees levied on a six (6) month basis shall be paid on or before January second and July first of each year. (c) Monthly. All license fees levied on a monthly basis shall be paid on the first day of each calen- dar month. (d) Weekly. All license fees levied on a weekly basis shall be payable on Monday, the first busi- ness day of each week. (Code 1966, ~ 20-8) Sec. 20-8. Reserved. Sec. 20-9. Beginning business between paying dates. Any person entering into a trade, occupation, business or profession for which a license is re- quired between license paying dates, shall imme- diately apply, pay for and obtain a license on the same basis as though such person were engaged in business on such license paying date; provided however, that if the date on which such person enters into such trade, occupation, business or profession for which a license application is made is after July first and the license fee established by this Code is in excess of sixty dollars ($60.00), then the applicant shall be required to pay only one-half of the fee established by this Code. (Code 1966, ~ 20-9) Sec. 20-10. Delinquency penalty. When a licensee continues operating after the license has expired and a new license is not se- cured within thirty (30) days, a penalty often (10) percent of the amount of the license fee shall be added and paid and ten (10) percent of the amount of the license fee shall be added and paid for each additional thirty (30) days from the date of expi- ration of the old license. (Code 1966, ~ 20-10) Sec. 20-11. Recovery of fee by suit. In addition to the criminal penalty, the city may recover in civil action in any court of compe- tent jurisdiction the amount of the license fee prescribed in section 2-2, and no property of such debtor shall be exempt from forced sale under any process of law for such indebtedness except such exemptions as are allowed by the constitu- tion of this state. (Code 1966, ~ 20-25) Sec. 20-12. 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 the license inspector or collector or his deputy or any police officer of the city upon being requested by such inspector, deputy or officer to do so. (Code 1966, ~ 20-11) Sec. 20-13. Regulated businesses subject to inspection. All trades, occupations, businesses and profes- sions licensed shall, if regulated, be open and subject to inspection at all reasonable times by the proper officers of the city, under its police powers, in order for such officer to ascertain that the persons conducting trades, occupations, busi- nesses or professions are complying with all of the police and health regulations of the city. (Code 1966, ~ 20-12) Sec. 20-14. Reserved. Sec. 20-15. Duty to carry, exhibit license. Any licensed person, including his employees, not having a permanent location, shall carry his license with him and every person shall present his license for inspection when requested to do so by any officer of the city. (Code 1966, ~ 20-13) Sec. 20-16. Transferability. No license issued hereunder shall be transfera- ble or assignable. The licensed trade, occupation, business or profession shall not be transferred 1230 e e e LICENSES from place to place without the consent of the board of commissioners. (Code 1966, ~ 20-14) Sec. 20-17. Refunds prohibited. No refund for the unused period of a license shall be made. (Code 1966, ~ 20-15) Sec. 20-18. 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. (Code 1966, ~ 20-16) Sec. 20-19. Forfeiture. Where there are regulations by ordinance for any trade, occupation, business or profession, pur- sued, carried on or operated in the city, any fail- ure by any person to observe such regulations shall, without further action or proceedings of any kind whatsoever, forfeit the license of the person failing to observe such regulations. (Code 1966, ~ 20-17) Sec. 20-20. futerstate commerce not affected. No provision of this chapter shall be construed in any way to relate to or interfere with the sub- ject of commerce between states as provided by the Constitution of the United States, and as de- fined and decided by the Supreme Court of the State of Kansas, and it is hereby declared to be the intention not to levy any license fee on any of the interstate business of any licensee. (Code 1966, ~ 20-18) Sec. 20-21. Exemption for producers, growers. No producer or grower or his agents or employ- ees, selling farm or garden products or fruits grown by him within the state in this city, shall be required to pay any license fee, and he is hereby exempted from the payment of any such license fee, or the securing of any license. Persons claim- ing to be exempt under this section shall furnish satisfactory proof of exemption if requested by any police officer. (Code 1966, ~ 20-19) State law reference-Similar provisions, K.S.A. 12-1617. ~ 20-24 Sec. 20-22. Exemption for veterans. All ex-soldiers and sailors ofthe Spanish-American War, and all ex-soldiers and sailors of World War I and World War II, who served honorably in the military or marine service of the United States, and all persons who served with the armed forces of the United States during the military, naval and air operations in Korea or other places under the flags of the United States and the United Nations or under the flag of the United States alone, and who hold an honorable discharge from such service, issued by the proper officers of the United States, and who shall reside in this city six (6) months previous to the time of which a license is issued, shall be entitled to a license to operate a delivery and baggage wagon, and to vend, hawk and peddle goods, wares, fruits or merchandise not prohibited by law, in this city; provided, that the soldier or sailor is engaged in operating personally a delivery and baggage wagon owned exclusively by himself. Upon the presenta- tion of his certificate and papers of discharge to the city clerk, and showing proof of his identity as the person named in his certificate of honorable discharge, and having resided within the city six (6) months previous to the time of issuance of the license, the city clerk shall issue to the ex-soldier or sailor a license. Such license shall be free, and the city clerk shall not collect or demand any fee therefor. The provisions of this section shall also apply to members of the American Red Cross Nurse Corps who served in World War II or the Korean operation. This license is personal to the veteran. He cannot use agents. (Code 1966, ~ 20-20) State law reference-Similar provisions, K.S.A. 73-220. Sec. 20-23. Other regulations not affected. This chapter shall not be construed so as to amend, modify or repeal many of the rules and regulations of the trades, occupations, business and professions otherwise provided for in this Code or other ordinances of the city and is meant to be supplementary only. (Code 1966, ~ 20-21) Sec. 20-24. License not to authorize violation of law. Nothing herein shall be construed as to permit any licensee licensed under the provisions of this 1231 ~ 20-24 SALINA CODE Code to violate any law of the United States, the State of Kansas or any provision of this Code or ordinance of the city. (Code 1966, * 20-22) Sec. 20-25. Compliance prerequisite to license. 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. (Code 1966, ~ 20-23) Sec. 20-26. Violations, penalties.. (a) Any person who shall conduct, pursue or carry on, or operate within the limits of the city any trade, occupation, business or profession for which a license or the payment of a license fee is required by this chapter or shall assist, directly or indirectly, in so doing in any manner or any extent, either as owner or proprietor or as any officer of any corporation, or as manager, super- intendent, agent, servant or employee of any per- son after a license fee should have been paid or a license obtained to conduct, pursue, carryon or operate such trade, occupation, business or pro- fession shall be guilty of a misdemeanor. (b) Any person, whether as principal or as agent, who shall violate any other provision of this chap- ter than those immediately above enumerated, shall be guilty of a misdemeanor. (Code 1966, * 20-24) [The next page is 1283] 1232 e e e Chapter 21 MINORS. Art. I. In General, U 21-1-21-15 Art. II. Curfew, U 21-16, 21-17 ARTICLE I. IN GENERAL Sees. 21-1-21-15. Reserved. ARTICLE II. CURFEW. Sec. 21-16. Established. It shall be unlawful for any child under the age of sixteen (16) years, to wander, lounge, loaf, loi- ter or play in, upon or about any public street, sidewalk, alley, vacant lot, public square or pub- lic park within the city, after the hour of 10:30 p.m., and before 6:00 a.m., unless accompanied by a parent, legal guardian, or other person having legal custody of such child or unless engaged in the performance of an errand or duty, directed by a parent, guardian or legal custodian, pursuant to a written statement dated the day such errand or duty is being performed, and signed by such *Cross reference-Streets, sidewalks and other public plac- es, Ch. 35. parent, guardian or legal custodian, directing such child to perform a bona fide errand or mission for such parent, guardian or legal custodian, or un- less such child is proceeding pursuant to the scope of his lawful employment. (Code 1966, ~ 23-149) Sec. 21-17. Parental responsibility. It shall be unlawful for a parent, guardian or other person lawfully entitled to the care, custody and control of any child under the age of sixteen (16) years, to knowingly suffer or permit any such child under the age of sixteen (16) years, unless such child is accompanied by a parent, legal guard- ian or other person lawfully entitled to such child's care, custody and control, to wander, lounge, loaf, loiter or play in, upon or about any public street, sidewalk, alley, vacant lot, public square or pub- lic place within the city after the hour of 10:30 p.m. and before the hour of 6:00 a.m. (Code 1966, ~ 23-150) *Cross references-Employment of minors by retailers of alcoholic liquor, * 5-20; unlawful acts by minors concerning alcoholic liquor, * 5-21; 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; purchases by pawnbrokers and secondhand dealers from children, * 33-19; request that children not be licensed to drive except on showing of necessity, ~ 38-5; application for restricted driver's licenses, * 38-6; parental responsibility for violations oftraffic laws by children, ~ 38-8; police to take up bicycles, vehicles used by children in violation, * 38-9. [The next page is 1333J 1283 e e e Chapter 22 MOBILE HOMES AND TRAILERS. Art. I. Art. II. Art. III. Art. IV. In General, H 22-1-22-15 General Regulations Applicable To All Existing and Future Mobile Homes and Mobile Home Owners, H 22-16-22-35 New Parks or Park Expansions, H 22-36-22-50 Mobile Home Contractors and Craftsmen, H 22-51-22-80 Div. 1. Generally, ** 22-51-22-70 Div. 2. Permits and Inspections, ** 22-71-22-80 ARTICLE I. IN GENERAL See. 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, II 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 often (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 e e e 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, i.e., 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- manOR. ''lDhe ;omi;gi1llal ,records of the register shall n@t be ,destroyed fora. ,period of one year fol1owin;g the date of 'registration; (5) Keep a map of the park outlining the ad. .dress, m:L'I:naerand location of each mobile home. A copy of the map shall ibe furnished to the emergency lprEWarenlless 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: (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 tihan j;hr.ee (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 gasar;oii-fired central heating equipment and cooking appliances shall be permitted to 'be provided with a mobile home power-supp1Iy'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 (36'12) 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 building 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-off with 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 e e e - e 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 (l00) 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. CD 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 of the 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 CRAFI'SMEN 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 ofthe examination shall be written. (b) Fees under this section shall be as prescribed in section 2-2. 1338 e e e - . MOBILE HOMES AND TRAILERS (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. 88-9281, ~ 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 ~ 22-56 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 SALINA 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 of five 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, S 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 - e e e - e 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) Sees. 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 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 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 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 9-432) [The next page is 1391] 1341 e e e MUNICIPAL COURT* Chapter 23 Art. I. In General, ~~ 23-1-23-15 Art. II. Bondsmen, n 23-16-23-43 Div. 1. Generally, ** 23-16-23-35 Div. 2. License, ** 23-36-23-43 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 of K.S.A. Chapter 12, Articles 41 through 47, inclusive. Sees. 23-2-23-15. Reserved. ARTICLE II. BONDSMEN DIVISION 1. GENERALLY Sec. 23-16. Presumption of receiving com- pensation. Any person other than a surety company au- thorized to do business in the state by the state insurance commissioner, who shall within one (1) calendar year execute or file three (3) or more bonds, as enumerated in section 23-36, shall be presumed to be receiving compensation therefor, and the person shall have the burden of providing by a preponderance of evidence that no compen- sation has been or is to be received. (Code 1966, * 29-21) Sec. 23-17. Entering police department with- out previous request prohibited. It shall be unlawful for any licensee under this article to enter the police department for the pur- pose of obtaining employment as a bondsman, without having previously been called by a per- son in custody or by an attorney or some other person acting in behalf of the person in custody. (Code 1966, * 29-30) Sec. 23-18. Soliciting business at police de- partment prohibited. It shall be unlawful for any licensee under this article to personally or otherwise solicit business, in, at or near the police department. (Code 1966, * 29-31) Sec. 23-19. Loitering in courtroom or police department. It shall be unlawful for any licensee under this article to loaf or loiter in the police department or any courtroom therein and shall upon entering the police department conduct his business as quickly as possible and upon finishing his busi- ness shall immediately leave the police depart- ment. (Code 1966, * 29-32) Sec. 23-20. Giving legal advice or requiring employment of particular attor- ney prohibited. It shall be unlawful for any licensee under this article to offer or give legal advice to his client, or attempt to foretell or predict to the client the outcome of the case under which the client is charged and shall not advise the client to appeal any decision of any court nor shall any licensee refuse to furnish a bond unless a particular at- torney is to be retained. (Code 1966, S 29-33) *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. 1391 ~ 23-21 SALINA CODE Sec. 23-21. Sitting in spectator section of courtroom prohibited. Any licensee under this article who shall be present in the courtroom in the police department while court is in session shall sit back of the railing in the chairs provided for spectators. (Code 1966, ~ 29-34) Sec. 23-22. Recommending particular at- torney prohibited. It shall be unlawful for any licensee under this article to recommend, directly or indirectly, any particular lawyer to any client for whom a bond has been executed. (Code 1966, ~ 29-35) Sec. 23-23. Referring client to particular at- torney or obtaining authorization for attorney to represent client prohibited. It shall be unlawful for any licensee under this article to directly or indirectly, refer any bail bond client to any particular lawyer nor shall any li- censee hereunder obtain from any bail bond client any authorization which authorizes a lawyer to represent or plead guilty in court the person for whom a bond has been furnished. (Code 1966, ~ 29-36) Sec. 23-24. Referral of bail bond business for compensation prohibited except by licensed agent or employee. It shall be unlawful for any licensee under this article to directly or indirectly, payor promise to payor give to any person, any compensation to secure, send or refer, or for securing, sending or referring bail bond business or clients to or for the licensee unless the person be licensed as an agent or employee of the licensee under the pro- visions of this article. (Code 1966, ~ 29-37) Sec. 23-25. Sale or acquisition of property by licensee; notice. (a) Any licensee under this article who shall encumber, sell, or otherwise dispose of any prop- erty listed in his application for a license, shall forthwith notify in writing the city clerk of the encumbrance, sale or disposal. (b) If the licensee acquires other property to be used as security for bonds, the licensee shall fur- nish to the license collector a verified appraisal thereof, as required in section 23-37. (Code 1966, ~ 29-38) Sec. 23-26. Limitation on amount of outstand- ing bail bonds. (a) It shall be unlawful for any licensee under this article to execute and have outstanding at anyone time bail bonds which exceed: (1) The actual value of the certificate of deposit, savings accounts or government bonds pledged as security; or (2) Seventy-five (75) percent of the equity value of the real estate pledged as security. (b) Violation of this provision shall be grounds for revocation of the license. (Code 1966, ~ 29-39) Sees. 23-27-23-35. Reserved. DIVISION 2. LlCENSE* Sec. 23-36. Required. (a) It shall be unlawful for any person other than a surety company authorized to do business in the state by the state insurance commissioner, to demand or receive compensation for becoming or providing surety on any bail bond, recognizance bond, appeal bond, or other court bond unless such person shall have a license issued by the city as provided in this division. (b) It is further provided that any person who acts in writing bonds as the agent or employee of any person licensed under the provisions of this division, shall have a license issued by the city. (Code 1966, ~~ 29-20, 29-22) Sec. 23-37. Application. Any person desiring to secure a license under the provisions of this division shall make a veri- fied application in duplicate, both of which copies shall be filed with the city clerk, such application .Cross reference-Licenses generally, Ch. 20. 1392 e e . MUNICIPAL COURT shall be upon a form provided by the city clerk and shall contain: (1) The name and residence of the applicant and how long he has resided within the county; (2) A statement that the applicant is not less than eighteen (18) years of age and that he has not within five (5) years immediately pre- ceding making application been convicted of a felony or any crime involving moral turpitude; (3) The location and legal description of the real property which will be pledged by the appli- cant as security for the bonds, and whether the real property is encumbered and the amount of the encumberance, if any; (4) The applicant shall file with this application a verified appraisement of the real property which is to be pledged by the applicant as security for bond. The appraisement shall have been made under oath by a member of the American Institute of Real Estate Apprais- ers or by a member of the Salina Real Estate Board; (5) The applicant shall file with this application a current abstract opinion by a duly qualified attorney at law or an owner's policy of title insurance, in addition to a security instru- ment to the city on the real property which is to be pledged by the applicant, which instru- ment shall be recorded in the office of the county register of deeds and certified to the city clerk; (6) If certificates of deposit, savings accounts or government bonds are to be pledged by the applicant as security for the bail bonds, then the applicant shall deliver to the city clerk, with the application, the securities or pass- books evidencing the same. (Code 1966, ~ 29-23) Sec. 23-38. Applicant to be fingerprinted. No application for the issuance of a license as provided in this division shall be granted unless the applicant be fingerprinted at police headquar- ters, the fingerprints to be forwarded to the United States Department of Justice. (Code 1966, ~ 29-24) ~ 23-39 Sec. 23-39. Examination of application; denial or issuance. (a) If the application for a license is in proper form and accompanied by the license fee as pro- vided in section 23-40, the chief of police shall examine the application and after approval of the chief of police the board of commissioners, if they approve the same, shall issue a license to the applicant, provided, that no license shall be is- sued to: (1) A person who is not a resident of the county and who has not been a resident in good faith of the county for at least one (1) year prior to the filing of the application; (2) A person, who, within five (5) years immedi- ately preceding the date of making applica- tion, has been convicted of a felony or of any crime involving moral turpitude; (3) A firm, unless one of the members of the firm is a resident of the county and has resided in the county for more than one (1) year preced- ing the filing of the application for the li- cense, and unless all the members of the firm shall otherwise, excepting residence require- ments, be qualified to obtain a license; (4) A corporation, if any manager, officer or di- rector thereof or any stockholder owning in the aggregate more than twenty-five (25) per- cent of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than nonresidence with the county; provided however, that at least one (1) manager, officer, director, shall com- ply with the requirements of subsection (1) above; (5) A person who shall have any unsatisfied for- feiture or judgment thereon entered on any bail bond in any court of the city or the state or the United States of America; (6) A person unless the equity value of the real estate owned by the applicant and used as security for bonds shall be in excess of ten thousand dollars ($10,000.00). 1393 ~ 23-39 SALINA CODE (b) The action of the board of commissioners upon such license application shall show upon the minutes of the commission meeting. If the license is granted, the board of commissioners shall di- rect the city clerk to issue the proper license. If the application for license is refused, the license fee shall be immediately returned to the person who made the application. (Code 1966, ~ 29-25) Sec. 23-40. Fees. The license fees for persons who are covered by the terms of this article are prescribed by section 2-2. (Code 1966, ~ 29-26) Sec. 23-41. Revocation. The board of commissioners, upon five (5) days written notice to the person holding any license under the provisions of this article, shall revoke such license for any of the following reasons: (1) If a licensee has fraudulently obtained the license by giving false information in the ap- plication therefor; (2) If the licensee has been convicted in the mu- nicipal court of violating any of the terms of this article; (3) If the licensee has become ineligible to obtain a license under the provisions of this article. (Code 1966, ~ 29-27) Sec. 23-42. Suspension for violations not jus- tifying revocation. The chief of police, with the approval of the city manager, upon five (5) days written notice to the person holding any license issued under the pro- visions of this division, shall have the authority to suspend such license for a period of not to exceed thirty (30) days for any violation of the provisions of this article, which violation does not in his judgment justify a recommendation of re- vocation; provided, however, that the licensee may appeal such order of suspension to the board of commissioners within seven (7) days from the date of such order. (Code 1966, ~ 29-28) Sec. 23-43. List of licensees and fee sched- ules; posting. (a) The chief of police shall maintain a list of persons licensed under the provisions of this divi- sion. He shall post a copy of said list in a conspic- uous place in the booking rooms in the police station and a copy of the list on the wall adjacent to the telephone in the jail on the second floor of the police station. Such list shall contain, after the name of the person licensed, the telephone number of each licensee. Such list shall be changed each week and the names and telephone numbers of the licensees rotated in such a manner so as to insure that no licensee shall receive any advan- tage by reason of the licensees' name and tele- phone number appearing first on the list. (b) Each licensee shall furnish to the chief of police a schedule of the minimum and maximum fees charged by such licensee. The chief of police shall post a copy of such fee schedule charged by each licensee beside the list of persons licensed under the provisions of this division and their telephone numbers as herein provided. This sec- tion shall not be construed as setting the fees of the licensees and such licensees may charge such fees as they may desire so long as the fee is within the limits set forth in the schedule of fees fur- nished to the chief of police by the licensee as herein provided. (Code 1966, ~ 29-29) [The next page is 1445] 1394 e e e - e Chapter 24 NUISANCES. Sec. 24-1. Defined. For the purposes of this chapter, the word "nui- sance" is hereby defined as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either: (1) Injures or endangers the comfort, repose, health or safety of others; or (2) Offends decency; or (3) Is offensive to the senses; or (4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, side- walk, stream, ditch or drainage; or (5) In any way renders other persons insecure in life or the use of property; or (6) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. Cross reference-Definitions and rules of construction gen- erally, ~ 1.2. Sec. 24-2. Dlustrative enumeration. The maintaining, using, placing, depositing, leav- ing or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive: (1) Noxious weeds and other rank vegetation including any vegetation on the right-of- way abutting the owner's property; (2) Accumulation of garbage, rubbish, trash, refuse, junk and other abandoned materi. als, metals, lumber or other litter which creates an unsightly appearance; (3) Any condition which provides harborage for rats, mice, snakes, and other vermin; (4) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located; (5) All unnecessary or unauthorized noises and annoying vibrations, including animal noises; (6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emis- sion or generation of such odors and stenches; (7) The carcasses of animals or fowl not dis- posed of within a reasonable time after death; (8) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances; (9) Any building, structure or other place or location where any activity which is in vio- lation of local, state or federal law is con- ducted, performed or maintained; (10) Any accumulation of stagnant water per- mitted or maintained on any lot or piece of ground; .Cross references-Code for abatement of dangerous buildings, ~ 8-331 et seq.; violations 0: provisions on fences, walls and hedges declared nuisances, ~ 8-411; fireworks declared as nuisance, ~ 14-58; health and sanitation, Ch. 17; housing nuisances declared, ~ 18-5; 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, ~ 39-51 et seq.; water and sewers, Ch. 4l. State law references-Authority for this chapter, K.S.A. 13-436; maintaining a public nuisance, K.S.A. 21.4106; permitting a public nuisance, K.S.A. 21-4107. Supp. No.6 1445 ~ 24-2 SALINA CODE (11) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities; (12) Any vault or cesspool which abuts on any street in which there is located a public .sewer or which is sufficiently close to any public sewer to have access thereto. (Code 1966, ~~ 15-6, 15-11, 15-24, 15-40, 15-41) Sec. 24-3. Prohibited. It shall be unlawful for any person to cause, permit, maintain or allow the creation or main- tenance of a nuisance. Sec. 24-4. Inspection. Any authorized city employee shall have the authority and it shall be their 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 conditions thereof so far as the public health may be affected there- by; provided, that the personnel of the city shall only have authority to enter private residences for the purpose herein named and authorized to do so by written order from the health officer. It shall be unlawful for the owner or occupant of any building or premises in the city to prevent or attempt to prevent any employee of the city from entering such building or premises or examining the sarrie for the purpose aforesaid during rea- sonable hours. Sec. 24-5. Notice to abate. Wherever a nuisance is found to exist within the city, a duly designated officer ofthe city shall, on behalf of the city clerk, give written notice to the owner or agent of such property upon which such nuisance exists. The notice to abate a nui- sance issued under the provisions of this chapter shall contain: (1) An order requiring that the owner or agent of such property remove and abate from the premises the thing or things therein described as a nuisance within a time, not exceeding ten (10) days, to be specified in the notice; (2) The location of the nuisance, if the same is stationary; Supp. No.6 (3) A description of what constitutes the nuisance; (4) A statement of acts necessary to abate the nUIsance; (5) That before the expiration of the waiting pe- riod, the recipient thereof may request a hear- ing before the designated representative 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 assessed and charged against the lot or parcel of ground on which the nuisance was located, or shall be collected as a per- sonal debt of the property owner in the man- ner provided by K.S.A. 12-1, 115, and amend- ments thereto, or both. (Ord. No. 87-9194, S 1,7-27-87) Editor's note-Ord. No. 87-9194, Iili 1-5, adopted July 27, 1987, enacted new provisions for Iili 24-5-24-9, and Ii 6 of the aforesaid ordinance repealed the existing lili 24-5-24-9. Former Iili 24-5-24-9 were concerned with similar provisions, and derived from the Code of 1966, lili 15-3-15-5,15-12,15-25-15-27, 15-29, 15-42, 15-44; and Ord. No. 85-9078, \i 1, enacted July 1, 1985. Sec. 24-6. Service of notice. The notice to abate nuisance shall be served on the owner or agent of such property by restricted mail or by personal service, or if the premises is unoccupied and the owner is a nonresident, then by mailing a notice by restricted mail to the last known address ofthe owner of the premises. (Ord. No. 87-9194, S 2,7-27-87) Note-See editor's note to Ii 24-5. Sec. 24-7. Hearing. (a) The housing advisory and appeals board 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 nuisance may request a hearing before expiration of the waiting period by filing a request for such hear- ing on a form available in the office of the chief building and zoning inspector. The hearing shall 1446 e - e - e NUISANCES be conducted pursuant to rules adopted by the housing advisory and appeals board and made available to the public in the office of the chief building and zoning inspector. The party request- ing such hearing shall be given written notice no less than seven (7) days in advance of the sched- uled hearing. No action to abate the nuisance shall be taken by the city pending the outcome of the hearing. If the board determines that the no- tice to abate nuisance is without sufficient basis, the notice shall be rescinded. If the notice to abate is determined to have sufficient basis the recipi- ent shall be allowed the original waiting period to voluntarily abate the nuisance commencing with the date ofthe board's determination, and in default thereof the city may take any necessary action to abate the nuisance. (Ord. No. 87-9194, ~ 3, 7-27-87) Note-See editor's note to !\ 24-5. Sec. 24-8. Abatement by city. (a) In addition to the remedy of prosecution and enforcement as provided in section 1-10, if the owner, or agent, fails to comply with the re- quirement of the notice for a period longer than that named in the notice, then the city may pro- ceed 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 health officer shall adopt all necessary measures for cleansing and purifying all build- ings, lots and other places, and for causing the removal therefrom of all nauseous substances pro- ducing a disagreeable odor or tending to cause sickness 'or disease, and to cause the removal, cleansing and abating of all nuisances under this chapter and helshe may do or cause to be done whatsoever in hislher judgment shall be neces- sary to carrying out such measures. (Ord. No. 87-9194, ~ 4, 7-27-87) Note-See editor's note to !\ 24-5. Sec. 24-9. Assessment of city's costs. The city shall give notice to the owner or agent by restricted mail of the total cost of such abate- ment or removal incurred by the city. Such notice Supp. No.6 !\ 24-9 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 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 period, 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 man- ner provided by K.S.A. 12-1, 115, and amendments thereto, or both. (Ord. No. 87-9194, ~ 5, 7-27-87) Note-See editor's note to !\ 24-5. [The next page is 1497] 1447 e e e e e OFFENSES, MISCELLANEOUS PROVISIONS. Chapter 25 Art. I. In General, ~~ 25-1-25-20 Art. II. Offenses Mfecting Governmental Functions, H 25-21-25-40 Art. III. Offenses Against the Person, H 25-41-25-55 Art. IV. Offenses Against Property, H 25-56-25-80 Art. V. Offenses Against the Public Peace, ~~ 25-81-25-100 Art. VI. Offenses Against Public Safety, H 25-101-25-135 Diy. 1 Generally, * * 25-101-25-115 Diy. 2. Weapons, ** 25-116-25-135 Art. VII. Offenses Against Public Morais, ~~ 25-136-25-203 Div. 1. Generally, ** 25-136-25-145 Diy. 2. Sex Offenses, *!l25-146-25-160 Div. 3. Reserved, ** 25-161-25-175 Div. 4. Gambling, H 25-176-25-199 Div. 5. Displaying Material Harmful to Minors, ** 25-200-25-203 ARTICLE I. IN GENERAL Sec. 25-1. 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. (Code 1966, * 23-1) Sec. 25-2. Aiding and abetting. Every person who shall willfully assist or ad- vise, aid or abet any other person in the commis- sion of any of the offenses named in this chapter shall, upon conviction thereof, be punished in the same manner as the principal offender. (Code 1966, ~ 23-2) State law reference-Liability for crimes of another, K.S.A. 21-3205. Sec. 25-3. Attempts prohibited; punishment. It shall be unlawful for any person to attempt to commit any offense herein defined, and any person who in such attempt shall do any act to- ward the commission of any such offense but shall fail in the perpetration thereof, or shall be pre- vented or intercepted in executing the same, shall, upon conviction thereof, be fined not to exceed one-half of the greatest fine which may be im- posed upon conviction of such offense or may be sentenced for a term not to exceed one-half of the greatest term which could be imposed upon con- viction of such offense. (Code 1966, ~ 23-3 i State law reference-Attempt. K.S.A. 21-3301 Sec. 25-4. Merger of attempt with completed offense. No person shall be convicted of an assClult with intent to commit an offense, or of any other at- tempt to commit any offense, when it shall ap- pear that the offense inter:ded or attempted was perpetrated by such person at the time of such assault or in pursuance of such attempt. (Code 1966, * 23-4) State law reference-Attempt, K.S.A. 21-3301 Sec. 25-5. Spitting in public. Any person who shall spit, expectorate or de- posit any sputum, saliva, mucus, or any form of saliva or sputum, upon the floor, stairway, or upon any part of any theater, public hall or build- ing, or upon the floor of any car or public convey- ance in the city, or upon any sidewalk abutting on any public street, alley or lane, shall be guilty of a misdemeanor. (Code 1966, ~ 23-156) .Cross references-Nuisances generally, Ch. 24; police, Ch. 30. State law references-Crimes and punishments, K.S.A. Ch. 21; Kansas Criminal Code, K.S.A. 21-3101 et seq. Supp. No.7 1497 ~ 25-6 SALINA CODE Sec. 25-6. Physicians to report wounds, in- juries. Every physician or hospital in the city treating any person for a wound inflicted by a dangerous or deadly weapon of any kind, or for injuries re- ceived in any accident involving a motor vehicle, shall notify the police department as soon as prac- ticable after rendering such treatment; provided, that such report shall not be required if the police department already has knowledge of such wound or injuries. (Code 1966, ~ 23-154) State law reference-Unlawful failure to report a wound, K.S.A. 21.4213. Sec. 25-7. Radio interference. (a) Prohibited. It shall be unlawful for any per- son knowingly or wantonly to operate or cause to be operated, any wire or wires for carrying elec- tric energy, or any machine, device, apparatus or instrument of any kind whatsoever within the corporate limits of the city, the operation of which causes reasonably preventable electrical interference with radio or television reception within the city; provided, that X-ray pictures, examinations or treatments may be made at any time if the ma- chines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with radio and television reception and are not negligently operated. (b) Enforcement. The building official or any police officer of the city or any person designated by the city manager for such purpose, shall have the right at any reasonable hour to enter any place of business or other premises in the city for the purpose of inspecting or locating or attempt- ing to locate any wires, machine, device, appara- tus or instrument of any kind whatsoever, which is or may be kept or operated on any such prem- ises in violation of the provisions of this section, and any person who shall prevent or attempt to prevent such building official or police officer or any person designated by the city manager for such purpose, from entering any premises in the city for such purpose shall be deemed guilty of a misdemeanor. (c) Exemptions. This section shall not be held or construed to embrace or cover the regulation of any transmitting, broadcasting or receiving in- Supp. No.7 strument, apparatus or device used or useful in interstate commerce or the operation of which instrument, apparatus or device is licensed or au- thorized by or under the provisions of any act of the Congress of the United States. (Code 1966, ~ 23-155) Sees. 25-8-25-20. Reserved. ARTICLE II. OFFENSES AFFECTING GOVERNMENT AL FUNCTIONS* Sec. 25-21. Assaulting officer. It shall be unlawful for any person to know- ingly and willfully assault, beat or wound any public officer, his deputy or lawful assistant, while in the discharge of an official duty. (Code 1966, ~ 23-43) State law reference-Assault of a law enforcement officer. KS.A. 21.3409. Sec. 25-22. Compounding or concealing of- fense. It shall be unlawful for any person, having knowl- edge of the actual commission of any offense under this Code or the ordinances of the city, to take any money, property, gratuity or reward, or any promise, engagement or undertaking thereof, upon any agreement or understanding, express or im- plied, to compound or conceal such offense, or to abstain from any prosecution thereof, or to with- hold any evidence thereof. (Code 1966, ~ 23-44) State law reference-Compounding a crime, KS.A. 21. 3807. Sec. 25-23. Escape-Defined. As used in sections 25-24 and 25-25, "escape" means departure from custody without lawful au- thority or failure to return to custody following temporary leave lawfully granted pursuant to ex- press authorization of law or order of a court. Cross reference-Definitions and rules of construction gen. erally, ~ 1-2. State law reference-Similar provisions, KS.A. 21-3809. .Cross references-Administration, Ch. 2; resisting fire. men, ~ 14-3. State law reference-Crimes affecting governmental func- tions, KS.A. 21-3801 et seq. 1498 e e e - e OFFENSES, MISCELLANEOUS PROVISIONS Sec. 25-24. Same-Prohibition. It shall be unlawful for any person to escape from custody while held in lawful custody on a charge or conviction of a misdemeanor. (Code 1966, ~~ 23-49,23-51) State law reference-Similar provisions, K.S.A. 21-3809. Sec. 25-25. 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 custody on a charge or conviction of crime, any object or thing adapted or designed for use in mak- ing an escape, with intent that it shall be so used; or (3) Introduce into an institution in which a per- son is confined on a charge or conviction of crime any object or thing adapted or designed for use in making any escape, with intent that it shall be so used. (Code 1966, ~~ 23-45-23-48, 23-50, 23-52, 23-53) State law reference-Similar provisions, KS.A. 21-3811. Sec. 25-26. False calls and reports to police. It shall be unlawful for any person to give or cause to be given any false call or alarm for police assistance, or to send or cause to be sent to any police station or member of the police department any false call for assistance or to knowingly make, cause or help to be made a false report of the commission of any crime to a member of the po- lice department. (Code 1966, ~ 23-54) State law reference-Falsely reporting a crime, KS.A. 21-3818. Sec. 25-27. Impersonating officers or em- ployees of the city prohibited. It shall be unlawful for any person to exercise or assume to exercise any of the powers conferred upon any elected or appointed official, officer, em- ployee or agent of the city or wear any badge or insignia such as is provided or worn by any such person, or who shall by signs or words or in any way represent or hold himself out to be such per- Supp. No.7 ~ 25-43 son, or to possess the powers and authority there- of. (Code 1966, ~ 23-151.1) State law reference-False impersonation, KS.A. 21-3824. Sec. 25-28. Resisting officer. It shall be unlawful for any person to know- ingly and willfully resist, oppose or obstruct any police officer, his deputy or lawful assistant, while in the discharge of his duty, or in making any lawful arrest in this city. (Code 1966, ~ 23-57) State law reference-Obstructing legal process on official duty, KS.A. 21-3808. Secs. 25-29-25-40. Reserved. ARTICLE III. OFFENSES AGAINST THE PERSON* Sec. 25-41. Assault. It shall be unlawful for any person to inten- tionally threaten or attempt to do bodily harm to another coupled with the apparent ability and resulting in the immediate apprehension of bod- ily harm. (Code 1966, ~ 23-147) State law reference-Similar provisions, KS.A. 21-3408. Sec. 25-42. Battery. It shall be unlawful for any person to unlaw- fully and intentionally touch or apply force to the person of another, in a rude, insolent or angry manner. (Code 1966, ~ 23-147.1) State law reference-Similar provisions, KS.A. 21-3412. Sec. 25-43. Harrassment by telephone. It shall be unlawful for any person to use tele- phone communication for any of the following purposes: (1) Making any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent; or (2) Making a telephone call, whether or not con- versation ensues, with intent to abuse, threaten or harass any person at the called number; or *State law reference-Crimes against persons, KS.A. 21-3401 et seq. 1499 ~ 25-43 SALINA CODE (3) Making or causing the telephone of another repeatedly to ring, with intent to harass any person at the called number; or (4) Making repeated telephone calls, during which conversation ensues, solely to harass any per- son at the called number; or (5) Playing any recording on a telephone, except recordings such as weather information or sports information when the number thereof is dialed, unless the person 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 under one's control to be used for any of the pur- poses mentioned herein. (Code 1966, * 23-151) State law reference-Similar provisions, K.S.A. 21-4113. Sees. 25-44-25-55. Reserved. ARTICLE IV. OFFENSES AGAINST PRO PERTY* Sec. 25-56. Criminal trespass. (a) It shall be unlawful for any person to enter upon the land or into any structure, vehicle, air- craft or watercraft of another or any part thereof; or any land structure, vehicle, aircraft or water- craft or any part thereof owned by the city or by the county or the state all as may be located within the corporate limits of the city, after re- ceiving, prior to such entry, notice from the owner or occupant, or any person having lawful control thereof that such entry is forbidden, or remain upon or within such property after receiving no- tice from the owner or occupant or any person having lawful control thereof to depart. (b) A person has received notice from the owner or occupant or any person having lawful control thereof within the meaning of subsection (a) if he has been notified personally, either orally or in writing, or if a printed or written notice forbid- .Cross references-Stealing, taking books and other prop- erty from library, * 19-2; damaging books or property of li- brary, * 19-4; purchasing stolen property by pawnbrokers and secondhand dealers, * 33-20. State law reference-Crimes against property, KS.A. 21-3701 et seq. Supp. No.7 ding such entry is conspicuously posted or exhib- ited in a manner reasonably likely to come to the attention of intruders. (Code 1966, ** 23-15, 23-16) State law reference-Criminal trespass, K.S.A. 21-3721. Sec. 25-57. Littering. It shall be unlawful for any person to sweep, throw or deposit, in any manner, or cause the same to be done upon any sidewalk, bridge or street, or in or upon any alley, avenue or public park or ground, or into or upon any lot or piece of ground within the city, whether such lot shall belong to himself or another, any shavings, paper, paper cuttings, envelopes, wrappers, wrapping paper, bills, dodgers, advertisements, or any scraps, or anything whatsoever, which can be, or is likely to be blown by the wind along the street or walks or from place to place. (Code 1966, * 23-22) Cross reference-Solid waste generally, Ch. 34. State law reference-Littering, K.S.A. 21-3722. Sec. 25-58. Malicious mischief. It shall be unlawful for any person to willfully and maliciously remove, cut, mar, displace, de- face, break, dig up or quarry, injure, damage or destroy the property of another, either public or private which has a value of less than five hun- dred dollars ($500.00). (Code 1966, S 23-23; Ord. No. 88-9273, S 1, 8-15-88) State law reference-Criminal damage to property, KS.A. 21-3720. Sec. 25-59. 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 wan- tonly or mischievously handle or meddle with the same or any part thereof within the city; provid- ed, that the provisions of this section with refer- ence to opening and loosening any bolts or screws and parts of such hydrants or insertion of any- thing 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. (Code 1966, S 23-32) State law reference-Criminal damage to property, KS.A. 21-3720. 1500 e e e - e OFFENSES, MISCELLANEOUS PROVISIONS Sec. 25-60. Theft. It shall be unlawful for any person to steal, take and carry away any money or personal prop- erty or effects of another under the value of five hundred dollars ($500.00). (Code 1966, ~ 23-24; Ord. No. 88-9273, ~ 2,8-15-88) State law reference-Theft, K.S.A. 21-3701. Sec. 25-61. Embezzlement. It shall be unlawful for any person to embez- zle any money, personal property or effects of another, under the value of five hundred dollars ($500.00). (Code 1966, ~ 23-19; Ord. No. 88-9273, ~ 3, 8-15-88) Sec. 25-62. False pretenses; obtaining prop- erty by. It shall be unlawful for any person with intent to cheat or defraud another, to obtain from any other person any money, property or valuable thing of the value of less than five hundred dollars ($500.00), by means or by use of any trick or deception, of false, fraudulent representation, or statement or pretense, or by any other means, instrument or device, or by means of any check or by other written or printed or engraved instru- ment or spurious coin or metal. (Code 1966, ~ 23-20; Ord. No. 88-9273, ~ 4, 8-15-88) State law reference-Theft, K.S.A. 21-3701. Sec. 25-63. Fruit; entering enclosure, carry- ing away. It shall be unlawful for any person to maliciously or mischievously enter the enclosure of any per- son and pick, destroy or carry away any apples, pears, peaches, plums, grapes or other fruit of any tree, shrub, bush or vine. (Code 1966, ~ 23-21) State law reference-Theft, K.S.A. 21-3701. Sec. 25-64. Shoplifting. It shall be unlawful for any person to willfully take possession of any goods, wares or merchan- dise under the value offive hundred dollars ($500.00) offered for sale by any store or other mercantile establishment with the intention of converting the same to his own use without paying the pur- Supp. No.7 ~ 25-80 chase price thereof. (Code 1966, ~ 23-29; Ord. No. 88-9273, S 5, 8-15-88) State law reference-Theft, K.S.A. 21-3701. Sec. 25-65. Receiving stolen property. (a) It shall be unlawful for any person to buy, or in any way receive any goods, money, rights in action, personal property or any valuable secu- rity or effects whatsoever, that shall have been stolen, embezzled or obtained from another in any manner contrary to law, knowing that such goods, money or personal property has been so obtained, stolen or embezzled; provided, that if any such person shall buy or receive any goods, money or personal property so stolen, embezzled or obtained from a minor under the age of eighteen (18) years, such fact shall be prima facie evidence of knowl- edge on the part of such person that the goods, money or personal property so bought or received were stolen, embezzled or obtained in a manner contrary to law. (b) In any complaint for any offense specified in subsection (a), it shall not be necessary to waiv- er, nor on the trial to prove that the principal who embezzled, took, secreted or stole such property has been convicted. (Code 1966, S S 23-27, 23-28) State law reference-Theft, K.S.A. 21-3701. Sec. 25-66. Taking, using property of another temporarily. It shall be unlawful for any person to take, carry away and use any automobile or other ve- hicle or conveyance or other personal property of any kind, with intent to deprive the owner of the temporary use thereof, against the owner's will but not with the intent of stealing or converting the same permanently to his own use. (Code 1966, S 23-31) State law reference-Unlawful deprivation of property, K.S.A.21-3705. Sees. 25-67-25-80. Reserved. 1501 ~ 25-81 SALINA CODE ARTICLE V. OFFENSES AGAINST THE PUBLIC PEACE* Sec. 25-81. Disorderly conduct. It shall be unlawful for any person with knowl- edge or probable cause to believe that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace to: (1) Engage in brawling or fighting; or (2) Disturb an assembly, meeting, or procession, not unlawful in its character; or (3) Use offensive, obscene, or abusive language or engage in noisy conduct tending reason- ably to arouse alarm, anger or resentment in others. (Code 1966, ~ 23-107) State law reference-Similar provisions, KS.A. 21-4101. Sec. 25-82. Disturbing the peace. It shall be unlawful for any person to willfully disturb the peace and quiet of any person, family or neighborhood. (Code 1966, ~ 23-109) State law reference-Disorderly conduct, KS.A. 21.4101. Sec. 25-83. Public intoxication. It shall be unlawful for any person, being on a highway or street or in a public place or public building, to be under the influence of intoxicating liquor, narcotics or other drug to the degree that one may endanger himself or other persons or property, or annoy persons in his vicinity. (Code 1966, ~ 23-110) Cross reference-Alcoholic beverages generally, Ch. 5. State law reference-Similar provisions, KS.A. 21-4109. Sec. 25-84. False fire alarms. It shall be unlawful for any person to know- ingly and willfully give a false alarm of fire. (Code 1966, ~ 23-111) Cross reference-Fire prevention and protection, Ch. 14. State law reference-Giving a false alarm, KS.A. 21-4110. .Cross reference-Disorderly conduct on premises having billiards and pool tables, ~ 6-157. State law reference-Crimes against the public peace, KS.A. 21-4101 et seq. Supp. No.7 Sec. 25-85. Unlawful assembly. It shall be unlawful for three (3) or more per- sons to assemble together in the city with intent to do any unlawful act with force and violence against the person or property of another, or to do any unlawful act against the peace, or being law- fully assembled, agree with each other to do any unlawful act aforesaid, and make any movement or preparation therefor. (Code 1966, ~ 23-113) State law reference-Unlawful assembly, KS.A. 21-4102. Sec. 25-86. Loitering or trespassing on grounds of any public or private 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 li- brary; 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 stu- dent who is not regularly enrolled in;a public or private school; or who has been suspebded or dis- missed from a public or private school; to persist in staying or remaining on or about the premises or grounds without any lawful purpose. (Code 1966, ~ 23-114) Sees. 25-87-25-100. Reserved. ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETYt DIVISION 1. GENERALLY Sec. 25-101. Abandoned iceboxes, other con- tainers. It shall be unlawful for any person to abandon, store or discard in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox or other article hav- ing a compartment of a capacity of one and one- half (11/2) cubic feet or more and having a door or tState law reference-Crimes against the public safety, KS.A. 21-4201 et seq. 1502 e e e OFFENSES, MISCElLANEOUS PROVISIONS lid, or any person who, being the owner, lessee, or manager of such place, to knowingly permit such abandoned, stored or discarded article to remain in such condition. (Code 1966, ~ 23-146) State law reference-Creating a hazard, K.S.A. 21-4212. Sees. 25-102-25-115. Reserved. DIVISION 2. WEAPONS* Sec. 25-116. Carrying concealed. It shall be unlawful for any person, not being an officer of the law, or a deputy to such officer, to carryon his person in a concealed manner any pistol, Bowie knife, dirk, slingshot, knucks or any other deadly weapon. (Code 1966, ~ 23-124) State law reference-Unlawful use of weapons, K.8.A. 21-4201. Sec. 25-117. Discharge of firearms. It shall be unlawful for any person to discharge any gun, revolver, pistol or other firearms within the city; provided, that the provisions of this sec- tion shall not apply to the discharging of firearms in any licensed shooting gallery or by a gunsmith in his trade, or by officers of the law in the dis- charge of their duties, or in the protection of per- sons or property. (Code 1966, ~ 23-125) Sec. 25-118. Hostile demonstrations with dangerous weapons. 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. (Code 1966, ~ 23-126) Sec. 25-119. Knucks; manufacturing, dealing in, carrying, displaying. It shall be unlawful for any person to manufac- ture, sell, offer to sell, expose for sale, or carry upon his person or display any weapon generally called and known as "knucks." (Code 1966, ~ 23-127) .State law reference-Weapons control, K.S.A. 21-4201 et seq. ~ 25-120 Sec. 25-120. Nonpowder propelled guns. (a) As used in this section: (1) Nonpowder propelled gun shall mean any weapon or device by whatever name known, which is designed to expel a projectile by the action of compressed air or gas, a spring or elastic, but does not mean a firearm or deadly weapon. (2) Youth shall mean any person under the age of eighteen (18) years. (b) It shall be unlawful for any person to sell, give, lend, barter or otherwise transfer any nonpowder propelled gun to a youth, except by the express consent of the parent, guardian or adult instructor of such youth. (c) It shall be lawful for a person under the age of eighteen (18) years to have in his possession any nonpowder propelled gun if the gun is: (1) Kept within his residence and is used solely in or on any private grounds or residence under such circumstances that such nonpowder propelled gun can be fired, discharged or op- erated in such manner so as not to endanger persons or property and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such grounds or residence; or (2) Used by the youth if he is a duly enrolled member of any club, team or society organ- ized for educational purposes and maintain- ing as part of its facilities, or having written permission to use, an indoor or outdoor rifle range; to possess, load or fire at such rifle range under the supervision, guidance and instruction of an adult. (d) It shall be unlawful for any youth to carry any nonpowder propelled gun on the streets, al- leys, public highways or public lands within the city, unless accompanied by an adult; provided however, that the youth may carry such gun, un- loaded, in a suitable case or securely wrapped. (e) It shall be unlawful for any person to dis- charge any nonpowder propelled gun from any automobile vehicle or from upon or across any street, sidewalk, alley, public highway or public 1503 ~ 25-120 SALINA CODE place within the city, except on a properly con- structed target range. (f) It shall be unlawful for any person to falsely represent himself or any other person as being over eighteen (18) years of age in order to pur- chase or otherwise obtain a nonpowder propelled gun. (Code 1966, 99 23-128-23-133) Sec. 25-121. BB guns. (a) It shall be unlawful for any person to dis- charge any air gun or gun commonly called "BB," shooting bullets or shot. (b) It shall be unlawful for any parent or guard- ian to knowingly permit a minor under his care to carry upon the streets or alleys of the city an air gun or gun commonly called "BB." (Code 1966, 99 23-134, 23-135) Sees. 25-122-25-135. Reserved. ARTICLE VII. OFFENSES AGAINST PUBLIC MORALS. DIVISION 1. GENERALLY Sec. 25-136. 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. (Code 1966, 9 23-88) Sees. 25-137-25-145. Reserved. DMSION 2. SEX OFFENSESt Sec. 25-146. Bawdy house. (a) It shall be unlawful for any person to set up or keep a bawdy house or brothel. (b) It shall be unlawful for any person to know- ingly lease or let to another any house or other -Cross reference-Profane, indecent language on premises having billiards and pool tables, ~ 6-157. State law references-Sex offenses, KS.A. 21-3501 et seq.; crimes against the public morals, KS.A. 21-4301 et seq. tstate law reference-Sex offenses, KS.A. 21-3501 et seq. building for the purpose of being used or kept as a brothel, or bawdy house. (c) It shall be unlawful for any person to ap- pear or act as master or mistress, or have the care or management of any brothel or bawdy house. (Code 1966, 99 23-69-23-71) State law reference-Promoting prostitution, KS.A. 21-3513. Sec. 25-147. Committing, offering to commit lewd act, prostitution, perversion. It shall be unlawful for any person to commit or offer to commit a lewd act or an act of prostitution or moral perversion. (Code 1966, 9 23-72) State law reference-Prostitution, K.S.A. 21-3512. Sec. 25-148. Indecent exposure. It shall be unlawful for any person to appear in any public place in a state of nudity or indecently clad, or make any indecent public exposure of one's person, or behave in any indecent or lewd manner, or commit any indecent or lewd act of any kind. (Code 1966, 9 23-79) State law reference-Lewd and lascivious behavior, KS.A. 21-3508. Sec. 25-149. Frequenting houses of ill fame; maintaining prostitute. It shall be unlawful for any person to be a visitor to, for immoral or unlawful purposes, any bawdy house, house of prostitution, house of ill fame or assignation house. (Code 1966, 9 23-80) State law reference-Patronizing a prostitute, KS.A. 21-3515. Sec. 25-150. Pimps and procurers. It shall be unlawful for any person to act as a pimp, procurer or procuress for or solicit, procure, entice or induce any person to enter any bawdy house, house of prostitution, house of ill fame or assignation house, or be in any way connected with the keeping, management or operation of any such house, or be an inmate or lodger in any such house or solicit any person in this city for illicit sexual intercourse or other immoral pur- poses or any sexual perversion. (Code 1966, 9 23-89) State law reference-Promoting prostitution, KS.A. 21-3513. 1504 e e e - e OFFENSES, MISCELLANEOUS PROVISIONS ~ 25-162 Sec. 25-151. Prostitution, fornication, con- cubinage- Procuring, inducing female for. (a) It shall be unlawful for any person to know- ingly persuade, induce, entice or procure, or as- sist in persuading, inducing, enticing or procur- ing any female person for the purpose of prostitution, fornication or concubinage to enter or remain in any house of prostitution, or any place where prosti- tution, fornication or concubinage is practiced, permitted or allowed, or by any means whatever, detain any female person, for the purpose of pros- titution, fornication or concubinage in any such house or place, or persuade, induce, entice or pro- cure, or assist in persuading, inducing, enticing or procuring any female person for the purpose of prostitution, fornication or concubinage, to go from one place to another within this city, for the pur- pose of prostitution, fornication or concubinage; provided, that no conviction shall be had on the uncorroborated testimony of the woman. (b) It shall be unlawful for any person to keep or maintain or assist in keeping or maintaining a house or other place of prostitution, fornication or concubinage, or where the same is practiced per- mitted or allowed, on premises owned or leased by such person or under his control. (c) It shall be unlawful for any person to solicit, procure, entice or induce any male person to enter any house of prostitution or any place where prosti- tution, fornication or concubinage is practiced, permitted or allowed. (Code 1966, ~ 23-92) State law reference-Prostitution, K.S.A. 21.3512 et seq. Sec. 25-152. Street walking. It shall be unlawful for any female person to parade on any street, avenue, alley or other pub- lic grounds for the purpose of inducing or encour- aging men to follow her for the purpose of prosti- tution, or who, being a common prostitute, advertises her means of livelihood upon any street, avenue, alley or other public grounds, building or place, or any male person, being found in the company of any female street walker or prostitute on any street, avenue, alley or other public grounds or building. (Code 1966, ~ 23-96) State law reference-Prostitution, K.S.A. 21-3512. Supp. No.7 Sees. 25-153-25-160. Reserved. DIVISION 3. RESERVED* Sees. 25-161-25-175. Reserved. DIVISION 4. GAMBLINGt Sec. 25-176. Prohibition. It shall be unlawful for any person to directly or indirectly bet any money or property or any representative thereof at or upon any gaming table, bank or gambling device, or upon the result of the movement of any wheel, or other device, or the throwing of dice, or upon the result of any game of skill or chance, whether with dice or cards, or other thing, or hazard money or property upon chance to be determined by means of any kind of a device or bet upon any game played by any kind of a gambling device. (Code 1966, ~ 23-73) Sec. 25-177. Keeping devices, tables or places. It shall be unlawful for any person to set up or keep any table or gambling device commonly called ABC, faro bank, EO, roulette, equality, keno, wheel of fortune, or any kind of gambling table or gam- bling device adapted, devised and designed for the purpose of playing any game of chance for money or property or induce, entice, or permit any person to bet or play at or upon any such gaming table or gambling device, either on the side of or against the keeper thereof, or keep a place or room to be used as a place for playing *Editor's note-Ord. No. 88-9249, 9 1, adopted May 9, 1988, repealed Div. 3, 9925-161-25-166, in its entirety. Former ~9 25-161-25-166 were concerned with obscene material and derived from the Code of 1966,923-81 and 99 23-83-23-87. tCross references-Gambling prohibited in carnivals, cir. cuses and tent shows, ~ 6-17; gambling prohibited in food establishments having entertainment, 9 6-77; gambling on premises having billiards and pool tables, ~ 6-158. State law reference-Gambling, K.S.A. 21-4302 et seq. 1505 e e e - e OFFENSES, MISCELLANEOUS PROVISIONS @ 25-183 any game of cards for money or property, or keep a common gaming house, or keep a house, room or place to which persons are accustomed to re- sort for the purpose of gambling. (Code 1966, ~ 23-74) Sec. 25-178. Permitting on premises. It shall be unlawful for any person to permit any gambling table, bank or device prohibited by section 25-177 to be set up or used for the purpose of gambling, in any such house, building, shed, booth, shelter, lot or other premises to him be- longing, or by him occupied, or of which he has at the time possession or control. (Code 1966, ~ 23-75) Sec. 25-179. Leasing premises for. It shall be unlawful for any person to know- ingly lease or rent to another any house, build- ing, shed, booth, lot or other place or premises, or any part thereof, for any of the unlawful purposes mentioned in sections 25-177 and 25-178. (Code 1966, ~ 23-76) nuisances; Sec. 25-180. Places declared abatement. All places used for any of the unlawful pur- poses as mentioned in section 25-177, are hereby declared to be common nuisances, and upon the judgment of the municipal court of this city find- ing such place to be a nuisance under this divi- sion, the chief of police shall be directed to abate and shut up such places by taking possession of all devices and all other property used in keeping and maintaining such nuisance and such personal property so taken shall forthwith be publicly de- stroyed by such officer. (Code 1966, ~ 23-77) Sec. 25-181. Procedure for forfeiture of de- vices. Upon the filing of a complaint charging that a place is kept or maintained as a common nui- sance as stated in section 25-180 by any person and that gaming tables, gambling devices, or such other property as is generally used and kept in maintaining a common gaming house, are kept or maintained therein, a warrant shall be issued commanding the officer to whom it is directed to arrest the person in such complaint charged and Supp. No.5 described, and seize and take into his custody such gaming tables and gambling devices and other property described in the complaint which he may find in such place, or upon such places, and safely keep the same subject to the order of the court. The complaint shall describe the prem- ises to be searched with sufficient particularity to identify the same, and shall describe the gaming tables or other gambling devices or other prop- erty alleged to be used in maintaining the same as particularly as practicable; but any descrip- tion, however general, that will enable the officer executing the warrant to identify the property to be seized and the person to be arrested shall be deemed sufficient. Upon the return of the war- rant, the court shall proceed against the person arrested, and it shall be the duty of the municipal judge to fix a day for a hearing as to the personal property seized, and to cause a notice thereof to be served upon the owner of the gaming tables and gambling devices and other property so seized, or upon his agent or other person in possession or control of the same, that the property has been so taken, and requiring him to appear on the day and answer the complaint made against such gam- ing tables, gambling devices and other property, and show cause, if any he has, why the same should not be adjudged forfeited and ordered de- stroyed; the time and mode of service to conform as nearly as may be to the law providing for the service of summons in civil action. (Code 1966, ~ 23-78) Sec. 25-182. Lotteries. It shall be unlawful for any person to make, establish, promote or aid or assist in making, establishing, promoting, or in any manner be con- cerned, either by writing or printing or otherwise, in making, establishing or promoting any lottery, gift enterprise, policy or scheme of drawing in the nature of a lottery, whether the same is being or is to be conducted, held or drawn within the city. (Code 1966, ~ 23-82) Sec. 25-183. Punchboards, slot machines- Prohibited. It shall be unlawful for any person to set up or keep or have in his possession in any public or private place in the city any punch board or slot 1507 ~ 25-183 SALINA CODE machine or other gambling device, devised or de- signed for the purpose of playing any game of chance for money or property, including punch- boards, slot machines or any other gambling de- vice wherein money or goods are received with every punchboard, but the amount to be paid depends upon the number punched, played or drawn, or where a capital prize or any additional prize may be received or where tokens are received, or to induce, entice or permit any person to bet or wager or pay money upon any such punch board, slot machine or other gambling device or devices as above described. (Code 1966, ~ 23-93) Sec. 25-184. Same-Condemnation, destruc- tion upon conviction. Upon conviction of any person under the provi- sions of section 25-183, the municipal judge shall, as a part of his judgment, order the destruction of all such punchboards, slot machines or other gambling devices or material used by or in the possession of the defendant, and the chief of po- lice shall execute such judgment by publicly de- stroying or causing to be destroyed such punch- boards, slot machines or other gambling device or equipment by burning or otherwise, which destruc- tion shall take place after such devices are no longer needed as evidence. (Code 1966, ~ 23-94) Sec. 25-185. Same-Seizure and confiscation. It shall be the duty of the police officers of the city to seize and take possession of any slot ma- chines or other gambling devices as defined by section 25-183 wherever the same may be found in the city, and to arrest the owner thereof and any person in control or possession of such ma- chine if he can be found, and/or if no person claims the same as owner or otherwise within ten (10) days after the same shall have been seized, the chief of police is hereby authorized and directed to destroy any such machine without further no- tice to the owner thereof. (Code 1966, ~ 23-95) Sees. 25-186-25-199. Reserved. Supp. No.5 DIVISION 5. DISPLAYING MATERIAL HARMFUL TO MINORS Sec. 25-200. Definitions. For the purpose of this article: (1) Minor means any unmarried person under the age of eighteen (18) years. (2) Harmful to minors means that quality of any description, exhibition, presentation or representation, in whatever form, of nudi- ty, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics: a. The average adult person applying con- temporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors; b. The average adult person applying con- temporary community standards would find that the material or performance depicts or describes nudity, sexual con- duct, sexual excitement or sadomasoch- istic abuse in a manner that is pat- ently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and c. The material or performance lacks se- rious literary, scientific, educational, artistic, or political value for minors. (3) Nudity means the showing of the human male or female genitals, pubic area, or but- tocks with less than a full opaque covering; the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a dis- cernibly turgid state. (4) Sexual conduct means the act of masturba- tion, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast. 1508 e e e - - OFFENSES, MISCELLANEOUS PROVISIONS ~ 25-203 (5) Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (6) Sadomasochistic abuse means flagellation or torture by or upon a person clad in un- dergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. (7) Material means any book, magazine, news- paper, pamphlet, poster, print, picture, fig- ure, image, description, motion picture film, record, or recording tape, video tape. (8) Performance means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration. (9) Knowingly means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspec- tion or inquiry of both: a. The character and content of any ma- terial or performance which is reason- ably susceptible of examination by the defendant; and b. The age of the minor; however, an hon- est mistake shall constitute an excuse from liability hereunder if the defen- dant made a reasonable bona fide at- tempt to ascertain the true age of such minor. (10) Person means any individual, partnership, association, corporation, or other legal en- tity of any kind. (11) A reasonable bona fide attempt means an attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate or other governmental or educational iden- tification card or paper and not relying solely on the oral allegation or apparent age of the minor. (Ord. No. 86-9162, ~ 1, 10-20-86) Supp. No.5 Sec. 25-201. Offenses. No person having custody, control or supervi- sion of any commercial establishment shall know- ingly: (a) Display material which is harmful to mi- nors in such a way that minors as a part of the invited general public, will be exposed to view such material, provided however, a person shall be deemed not to have "displayed" material harm- ful to minors if the material is kept behind devi- ces commonly known as "blinder racks" and that the lower two-thirds of the material is not ex- posed to view. (b) Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or (c) Present to a minor or participate in present- ing to a minor, with or without consideration, any performance which is harmful to a minor. (Ord. No. 86-9162, ~ 1, 10-20-86) Sec. 25-202. Defenses. It shall be an affirmative defense to any prose- cution under this article that: The material or performance involved was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, quasi-governmental agency and persons acting in their capacity as employ- ees or agents of such persons or organizations, and which institution displays, presents or dis- seminates such material or performance for a bona fide governmental, educational or scien- tific purpose. (Ord. No. 86-9162, ~ 1, 10-20-86) Sec. 25-203. Penalties. Any person who shall be convicted of violating any provision of this division is guilty of a mis- demeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period of not exceeding six (6) months, or by both such fine and imprisorfment, 1509 ~ 25-203 SALINA CODE at the discretion of the court. Each day that any violation of this division occurs or continues shall be punishable as a separate violation. Every act, thing, or transaction prohibited by this division shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purpose of this division, multiple copies of the same identical title, monthly issue, volume and number, issue or other such identical material shall constitute a single offense. COrd. No. 86-9162, S 1, 10-20-86) Supp. No.5 [The next page is 1559] 1510 e e e OIL AND GAS. Chapter 26 Art. I. In General, U 26-1-26-15 Art. II. Permit, ~~ 26-16-26-26 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) Secs. 26-5-26-15. Reserved. ARTICLE II. PERMIT Sec. 26-16. Required. It shall be unlawful 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. 26-17. 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. 26-18. 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. 26-19. 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. 26-20. 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 e e e 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. Perrrrittospecnylocationjdrilling 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 e e e Chapter 27 PARKS AND RECREATION* Art. I. In General, H 27-1-27-15 Art. II. Park Regulations, H 27-16, 27-17 ARTICLE I. IN GENERAL Sees. 27-1-27-15. Reserved. ARTICLE II. PARK REGULATIONS Sec. 27-16. Closing hours of Sunset Park. (a) Sunset Park within the city shall be closed to the general public between the hours of 11:00 p.m. and 5:00 a.m., except for those activities as specified in subsections (b) and (c). (b) No persons, other than law enforcement of- ficers and city employees engaged in city busi- ness, shall either enter or remain within Sunset Park in the city when the park is to be closed to the general public. (c) Upon written application and approval of any person or organizations, the city manager is authorized to waive the provisions of subsections (a) and (b) if, in his discretion, he determines the requested purpose would not be detrimental to the parks or adjacent property owners. (Code 1966, ~ ~ 25-7-25-9) Sec. 27-17. Animals prohibited in parks. It shall be unlawful for any person willfully to bring into any public park within the city any dog, either loose or on a leash, or any other ani- mal which while in any public park may injure in any manner whatsoever, flowers, flowering plants, shrubs or trees growing in a public park. (Code 1966, ~ 25-2) Cross reference-Animals generally, Ch. 7. .Cr088 reference-Streets, sidewalks and other public places, Ch. 35. State law reference-Public recreation and playgrounds generally, K.S.A. 12-1901 et seq. [The next page is 1661] 1611 e e e Chapter 28 PEDDLERS AND SOLICITORS Sec. 28-1. Licensing. (a) The following shall be required to have a license pursuant to chapter 20: (1) Canvassers (itinerant or transient canvassers, or book, map or picture agents or salesmen); (2) Ice cream vendors (vendors selling ice cream or soft drinks from vehicles); (3) Photographers, itinerant (itinerant or tran- sient photographers soliciting business or tak- ing pictures and selling the same in the city). (b) License fees under this section shall be as prescribed in section 2-2. (Code 1966, SS 20-43, 20-50, 20-59) Cross reference-Licenses generally, Ch. 20. Sec. 28-2. Invitation required to enter resi- dential premises. (a) The practice of going in and upon private premises in the city by solicitors, peddlers, hawk- ers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of the private residences, for the pur- pose of soliciting orders for the sale of goods, wares and merchandise, and/or for the purpose of dis- posing of and/or peddling or hawking the same, is hereby declared to be a nuisance and punishable as such nuisance as a misdemeanor. (b) The chief of police and police force are hereby required and directed to suppress the same, and to abate any such nuisance as is described in this section. (Code 1966, S 23-153) Sec. 28-3. Sales from vehicles on improved public streets. It shall be unlawful for any person to solicit, peddle, hawk, vend, barter, sell or offer for sale any goods, wares, beverages, food products or other merchandise from any vehicle while the vehicle is located upon the improved portion of any street, avenue, boulevard or alley within the city; pro- vided, however, that this shall not be construed to prevent the delivery of previously ordered mer- chandise. (Code 1966, S 23-155.1) [The next page is 1711] 1661 e e e Chapter 29 PLANNING. Art. I. In General, to 29-1-29-15 Art. II. City Planning Commission, GO 29-16-29-35 Art III. North Central Regional Planning Commission, to 29-36- 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, ~~ 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 commISSIon 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 appointed shall serve respectively for terms .Cross references-Administration, Ch. 2; boards and com- missions generally, ~ 2-136 et seq. .Cross 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 ~ 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) Sees. 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- -Cross references-Administration, Ch. 2; boards and com- missions generally, !l 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 e e e 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 rec- 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; ~ 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 is 1763) 1713 e e - Chapter 30 POLICE. Art I. In General, H 30-1-30-15 Art. 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 ARTICLE I. IN GENERAL Sees. 30-1-30-15. Reserved. ARTICLE II. 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 context clearly indicates a different meaning, respec- tively ascribed to them as follows: (1) License shall mean a certificate granting per- mission for a person to operate a merchant police service. (2) Merchant police service shall mean any per- son engaged for hire in the business of guard- ing, watching, patrolling or otherwise attempt- ing to provide security for the real or per- sonal property of another person; provided, however, that a bona fide employee of a per- son or firm shall not be considered as engaged in a security business. (3) Merchant policeman shall mean any individ- ual who is employed by a merchant police service to guard, watch, patrol or otherwise attempt to provide security for the real or personal property of another person. (4) Permit shall mean a certificate granting per- mission for an individual who is employed by a merchant police service to operate as a mer- chant policeman. (Code 1966, ~ 28-48) Cross reference-Definitions and rules of construction gen- erally, !l 1-2. Sec. 30-17. Uniforms. Uniforms, if any, worn by agents or employees of merchant police service licensees while employed within the city will be of a color different from those worn by officers of the police department. (Code 1966, ~ 28-59) Sec. 30-18. Marking of vehicles. 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 be clearly marked with such identifying insignia as the chief of police may prescribe, provided, however, that such markings shall not be similar in color or design to those used by the police department of the city or any other governmental law enforce- ment agency. (Code 1966, ~ 28-66) State law reference-Vehicle to be registered in the state, K.S.A. 12-1679. Sec. 30-19. Radio equipment in vehicles. 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 a permit under this article shall be equipped with a two-way radio in good operating condition, which is capable of receiving and transmitting voice com- munications from and to the police department. (Code 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 .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. 1763 ~ 30-20 SALINA CODE obtained a permit under this article shall not operate any flashing red lights or sirens, if any, equipped on the vehicle within the city. (Code 1966, ~ 28-68) Sec. 30-21. Use of firearms. Agents, employees of licensees or permittees may have the right to carry concealed firearms only after the completion of a firearm proficiency program under the direction and control of the police department and the certification by the chief of police or his designee that the licensee or permittee has completed the program and has demonstrated his proficiency in the use and safety of a firearm. The authority to carry a concealed firearm will be extended only while the licensee or permittee is performing the required duties of his employment and while in route to or from his place of business. The right to carry a concealed firearm may be revoked by the chief of police if the right has been abused. (Code 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 confidential. (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 identification card is reemployed during the re- mainder of the year, the identification card and permit may be reissued to him without charge. (Code 1966, ~ 28-62) Sec. 30-23. Change of vehicles. Any licensee or permittee who acquires a new vehicle for use in the conduct of his business, the type and description of the vehicle shall be im- mediately reported to the city clerk who shall forward a copy to the chief of police. (Code 1966, ~ 28-63) 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 permit- tee to: (1) Hinder or interfere with any investigation under the jurisdiction of the police department; (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 com- ing to the attention of the licensee or permit- tee while on his client's business for which the client does not wish to pursue; (3) Draw or discharge a firearm in the perform- ance 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 licensee or permittee, upon refusal to the police de- partment to take custody of the subject, may turn the individual over to any law enforce- ment agency having legal jurisdiction; (5) Represent himself to be a member of the po- lice 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 e e - 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 eIitity 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; .Cr088 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 ~ 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 t'O perform security service as a merchant policeman unless applicati'O'Ill therefor has been approved by the ,e.mployer who is the holder of a valid mer- chant police service license. (Code 1966, S 28-51) Sec. 3'6-40.. .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, S 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, S 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 e e - 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 pescribed 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 cancel- lation during a calendar year. (e) Permits are not transferable nor assignable under this division. (Code 1966, ~ 28-54) Sec. 30-45. Identification cards. In addition to the license or permit, the chief of police shall issue an identification card to each licensee and permittee which shall be carried by the licensee or permittee at all times while on duty as a merchant policeman. The identification card shall be approximately two and one-half (2Y2) inches by four (4) inches and shall include the following information: (1) The type of license or permit and expiration date thereof; POLICE ~ 30-46 (2) Name, address, physical description and pic- ture of the licensee or permittee; (3) The name of the employer if the licensee or permittee is an agent or employee of a mer- chant police service; (4) The signature of the licensee or permittee and that of the chief of police; (5) A statement as to whether or not the licensee or permittee is authorized to carry a concealed firearm; (6) Such other information as the chief of police may deem advisable. (Code 1966, ~ 28-58) Sec. 30-46. Revocation or suspension. The board of commissioners shall have the au- thority to revoke or suspend any license or permit granted pursuant to this division for violation of any federal or state statute, city ordinance, for falsification of application documents, for viola- tion 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 re- sponsibilities of such license or permit upon re- quest. Suspension period shall be for a maximum of sixty (60) days. In cases of revocation or sus- pension of the license or permit, a hearing shall be held by the board of commissioners, and the licensee or permittee may present any evidence or be heard with respect to the allegations con- tained in the request for revocation or suspen- sion. (Code 1966, ~ 28-55) [The next page is 1817] 1767 e e e Chapter 31 PUBLIC UTILITIES. Sec. 31-1. Tampering with electric or gas me- ters, wires, pipes. It shall be unlawful for any person without authority to turn on, unseal or open an electric or gas meter or service or in any way tamper with any electric wires or gas pipes or meters owned by any individual, company or corporation sup- plying gas or electric current to the city or its inhabitants, or to attach thereto any contrivance, mechanism or device whatsoever, so as to pre- vent, or which may be designed or intended to prevent, the whole quantity of gas or electric cur- rent supplied to any consumer at meter rates from passing through and being measured by the meter provided for such purposes, or for any consumer of gas or electric current at meter rates to know.- ingly permit the same to be done for his or her benefit, or for the benefit of any association or corporation in which he or she may have any interest. (Code 1966, ~ 30-1) Sec. 31-2. Taking gas or current not passing through meter. It shall be unlawful for any consumer of gas or electric current at meter rates by means of any contrivance, mechanism or device whatsoever, to knowingly take or use any gas or electricity with- out the whole quantity so taken or used having passed through and been measured by a meter provided for such purpose. (Code 1966, ~ 30-2) Sec. 31-3. Unlawful device as prima facie ev- idence against consumer. Proof of the existence of any contrivance, mecha- nism or device which prevents or which may be designed or intended to prevent the whole quan- tity of gas or electric current supplied to any con- sumer at meter rates from passing through and being measured by a meter provided for such pur- pose on the premises of any consumer of gas or electricity at meter rates, shall be prima facie evidence that such consumer knew of the exis- tence thereof, and that he was knowingly taking and using gas or electric current, as the case may be, without the same having wholly passed through and been measured by a meter provided for such purpose. (Code 1966, ~ 30-3) Sec. 31-4. Company's right of entry and inspection. 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. Tampering with cable TV. It shall be unlawful for any person without authority to connect to or in any way tamper with any cable television wire cable or other appara- tus. (Code 1966, ~ 30-5) Sec. 31~. Discontinuing service if gas or elec- tricity, fraudulently taken. The individual company or corporation supply- ing gas or electric current will not be bound to furnish either gas or electric current to the per- son convicted of fraudulently taking gas or elec- tric current. (Code 1966, ~ 30-6) .Cross references-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. 1817 ~ 31-7 SALINA CODE 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 busine~s in ~he city, to keep such poles painted to the satisfactIOn of the city manager. (Code 1966, ~ 30-7) Sec. 31-8. Poles prohibited in certain district. 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; provid- ed, 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 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, how- ever to be done under the direction and supervi- sion '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) Cross reference-Trees and shrubs generally, Ch. 39. [The next page is 1869] 1818 e e - Chapter 32 SALES Art. I. In General, H 32-1-32-15 Art. II. Going Out Of Business Sales, H 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 carryon 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, if it 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 SALINA 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 e e e - e Chapter 33 SECONDHAND GOODS In General, U 33-1-33-15 Pawnbrokers, Secondhand Dealers and Precious Metal Deal- ers, U 33-16-33-35 Junk and Junk Dealers, U 33-36-33.54 Div. 1. Generally, ~~ 33-36-33-45 Div. 2. License, ~~ 33-46-33-54 Art. I. Art. II. Art. III. ARTICLE I. IN GENERAL Secs. 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 .Cross 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) Cross 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 ~ 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. "Junk" 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 e e e e e SECONDHAND GOODS ~ 33-49 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 carryon 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- *Cross reference-Licenses generally, Ch. 20. Supp. No.1 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) Automobilejunk 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 e e e Chapter 34 SOLID WASTE. Art. I. In General, It 34-1-34-15 Art. II. Refuse and Sanitation, It 34-16-34-50 Art. III. Private Haulers, It 34-51-34-80 Div. 1. Generally, ~~ 34-51-34-60 Div. 2. License, ~~ 34-61-34-80 Art. IV. Soiled Waste Disposal Area, It 34-81-34-85 ARTICLE I. IN GENERAL Sees. 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 combustible materials. (2) Authorized collector of refuse means any person duly qualified and operating under a license issued by the city as provided 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 en- gaged in the operation of a commercial en- terprise and such commercial enterprises shall include the following: Boardinghouses, rooming houses, hotels, restaurants, motels, trailer courts, public buildings, retail stores, schools, churches, hospitals, wholesale houses and all other users commonly designated as commercial 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 an- imal, vegetable or other matter that attends the preparation, consumption, decay, deal- ing in or storage of meats, fish, fowl, birds, fruit, vegetables, food and food ingredients, including the cans, containers 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 lour (4) families. (8) Refuse means all putrescible and non- putrescible 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 com- bustible and noncombustible materials, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, metals and similar objects. (10) Single-family dwelling shall mean a build- ing designed for and occupied by one fami- ly. (Code 1966, ~~ 31-11,31-35) Cross reference-Definitions and rules of construction gen- erally, ~ 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 .Cross references-Buildings and structural appurtenances, Ch. 8; housing, Ch. 15; health and sanitation, Ch. 17; 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. 1975 ~ 34-17 SALINA CODE 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 approved. 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 author- ized 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 (10) days. Where storage of unwrapped, undrained garbage or swill is permitted, accumulation shall not exceed two (2) days. (Code 1966, ~ 31-39) Sec. 34-21. Removal by city if person respon- sible fails. Failure of the property owner, 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 with chapter 24. (Code 1966, ~ 31-40) Sec. 34-22. Disposal from premises. It shall be the responsibility of the property owner or his authorized agent to cause to be col- lected and disposed of all refuse accumulated at or on any unoccupied premises within the corpo- rate limits of the city not later than seven (7) days following vacation of the premises. Upon failure of the property owner or his authorized agent to dispose of such refuse within the required seven (7) days following vacation of premises, the health unoccupied officer shall attempt to notify the property owner 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 within forty-eight (48) hours. Inability to con- tact the property owner or his authorized agent, or failure of the property owner or his authorized agent to dispose of the accumulated refuse as or- dered, shall be cause for the health officer to order the refuse collected and disposed of in accordance with chapter 24. (Code 1966, ~ 31-41) Sec. 34-23. Reserved. Sec. 34-24. Cleaning of containers. All containers used for the storage of garbage shall be washed and/or cleaned often enough to prevent the accumulation of putrescible materi- als or persistent odors, thereby eliminating at- tractants for vermin. The owner of the container shall be responsible for cleaning and maintaining it. (Code 1966, ~ 31-43) Sec. 34-25. Storage to be inaccessible to ver- min, approved. Garbage and rubbish containing food waste or other putrescible material shall be stored so as to 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 unlawful to store refuse or refuse containers upon the public right-of-way; provided however, this shall not prohibit the temporary storage thereon for collection purposes. (b) For the purposes of this section, temporary storage shall mean the placing of refuse contain- ers on the public right-of-way for collection pur- poses, which will allow the placing of refuse con- tainers on the public right-of-way 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) 1976 e e e SOLID WASTE ~ 34-34 Sec. 34-27. Adequacy of storage facilities. Storage facilities shall be adequate for the proper storage of all garbage and rubbish. (Code 1966, S 31-45) Sec. 34-28. Cleanliness of storage areas. Storage areas shall be clean and shall not consti- tute a nuisance. (Code 1966, ~ 31-46) Sec. 34-29. Storage by commercial enterprises. (a) Storage rooms or enclosures used by com- mercial enterprises shall be constructed of easily cleanable, washable materials and shall be ver- min proofed. The floors, and the walls 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 which is at least twelve (12) inches above the ground, or in such other manner as shall be approved by the health officer. (b) Storage of undrained garbage or swill by commercial 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 commercial enter- prises. (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 ani- mals. Lids or covers unless permanently attached to container shall be secured to the storage rack or apparatus, unless containers are stored inside a room. (Code 1966, S 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 spe- cifically 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 privi- leges on a temporary basis for the collection, haul- ing and disposal of trash and garbage where such special privileges are required in order to main- tain the health and sanitation of the city and its inhabitants or such rights and privilege is required to avoid the creation of a public nuisance. (Code 1966, S 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 tri- plex 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 recommend to the board of commissioners adjustments in such fees as are necessary to pay the costs of the opera- tion of the refuse collection service, the sanitary landfill debt service, and to maintain reserve funds for purchase of capital equipment. (d) The city manager shall formulate such rules and regulations as may be necessary to provide 1977 ~ 34-34 SALINA CODE for the operation of the refuse collection service and sanitary landfill. The rules and regulations 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 the total bill shall be due and payable upon rendering. Only one statement shall be rendered for a multiple dwelling. (Code 1966, ~ 31-18) 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 of the 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 dwellings. 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, householder or occupant served by the city shall be billed on a monthly basis by the water and sewerage depart- ment for the refuse collection services. (Code 1966, ~ 31-20) Sec. 34-38. Authority to adopt regulations. The sanitation department is authorized to adopt and promulgate additional rules and regulations as may be necessary to supplement the provisions of this article. (Code 1966, ~ 31-23) Secs. 34-39-34-50. Reserved. ARTICLE III. PRIVATE HAULERS DIVISION 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 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 haul- ing body. The hauling body shall be pro- vided with a tight metal hood having ade- quate openings fitted with smoothly oper- ating loading and unloading doors, or shall be provided with heavy tarpaulin or other canvas cover fitted with proper eyes, grom- mets 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 persistant 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 1978 e e e - e SOLID WASTE refuse collection and transportation. Such legend shall be printed in letters no less than two (2) inches in height and one 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, fall out, 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. (8) . Whenever vehicles are to be used for the transportation of containers holding un- drained garbage or swill the containers so carried shall be constructed and maintained so as to prevent any splash, spillage, drip- page or leakage of liquid. (9) Every vehicle licensed hereunder shall be properly maintained in good operating con- dition in order to provide dependable ser- vice to subscribers. (Code 1966, S 31-73) Cross reference-Traffic and motor vehicles. Ch. 38. Sec. 34-52. Additional regulations authorized. 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. DIVISION 2. LICENSE* Sec. 34-61. Required; exemptions. (a) It shall be unlawful for any person to col- lect, transport or haul on any streets or alleys in the city or dispose in any manner any refuse ac- cumulated in the city without first having obtained a refuse hauler's license as described in this divi- sion; provided, this section shall not be construed to apply to the following: -Cross reference-Licenses generally, Ch. 20. Supp. No.7 ~ 34-63 (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 occupied by the person; (4) Builders, wrecking or demolition contractors, or other persons engaged in construction or similar occupations; (5) To persons engaged in the occupations known as tree trimmers or tree surgeons, agricul- ture, arboriculture, horticulture, gardening, lawn care, landscaping, nursery work, or sim- ilar 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 regu- lations as are prescribed by the health depart- ment for the transportation of refuse over and upon "he streets and alleys of the city. (Code 1966, ~ 31-62) Sec. 34.62. Application; approval. Each person required by this division to be li- censed to collect or remove refuse within the city shall make application for such license with the city clerk. Upon approval of the health officer, the application shall be forwarded to the police department for the vehicle to be inspected as to compliance with this Code, city ordinances and state statutes relating to equipment and opera- tion of motor vehicles. Upon approval by the po- lice department, the application shall be forwarded to the city clerk for issuance of the license as hereinafter provided. (Code 1966, * 31-63) Sec. 34-63. liability insurance required. A certificate of insurance shall show that the applicant is covered by an effective public liabil- ity insurance policy issued by a solvent corpora- tion authorized to do business within the state, 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. Such insurance pol- icy shall not be cancelled or terminated until at 1979 ~ 34-63 SALINA CODE least twenty (20) days after a notice of cancella- tion of the insurance policy is received by the city clerk. (Code 1966, 9 31-64) Sec. 34-64. Issuance, contents of license. The license provided for in this division shall be signed by the city clerk, and issued with the corporate seal of the city affixed thereto, and shall recite the number of the license, the name of the person to whom issued, the amount paid for such license and a description of the vehicle licensed. (Code 1966, ~ 31-65) Sec. 34-65. Fee. The license fee under this division shall be as prescribed in section 2-2. (Code 1966, ~ 31-66) Sec. 34-66. Registration decals for vehicles. Upon issuance of a license to collect or remove refuse within the city, the city clerk shall deliver to the licensee one refuse hauler decal bearing the number of the particular license for each ve- hicle licensed to haul refuse and the licensee shall securely attach such decal to the windshield of the licensed vehicle in such a manner that it shall be at all times clearly visible. (Code 1966, 9 31-71) Sec. 34-67. Transfer. No license issued under this division shall be assigned or transferred by a person holding same as licensee. Such licensee may, however, change the registration of the vehicle operated under his license upon the following conditions: (1) The vehicle to be newly registered shall be inspected and approved by the police depart- ment and health officer in the manner here- inbefore provided. (2) The registration of the vehicle theretofore op- el'ated under such license shall be surrendered. (3) The sum of one dollar ($1.00) as a fee for the transfer of registration of such vehicle shall be paid by the licensee to the city treasurer. (4) A certificate of liability insurance coverage as required in section 34-63 shall be filed with the city clerk for the vehicle to be newly registered. (Code 1966, ~ 31-72) Supp. No.7 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), Township 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 facili- ties 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 originat- ing outside the county without first obtaining a permit from the city. (Code 1966, 9 31-82; Ord. No. 88-9240, 9 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 con- form with all the rules and regulations which may be promulgated by the city manager in re- gard 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 have 1980 - e e e e . SOLID WASTE 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-Appli- cation. 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 of the waste material. (2) The specific nature of the waste material. (3) The estimated volume and frequency of dump- ing. (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 pro- posed waste material will not have an ad- verse financial impact on operation of the city's solid waste disposal area; Supp. No.7 9 34-89 (2) The nature of the proposed waste material will not have an adverse environmental im- pact on the city's solid waste disposal 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 dis- posal 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; presenta- tion 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) [The next page is 2031] 1981 - e e e Chapter 35 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES. Art. I. In General, ~~ 35-1-35-20 Art. II. Bench Marks, ~~ 35.21-35-35 Art. III. Obstructions and Encroachments, U 35-36-35-60 Div. 1. Generally, ** 35-36-35-50 Div. 2. Obstructing Visibility at Intersections, ** 35-51-35-60 Art. IV. Moving Buildings, U 35-61-35-100 Div. 1. Generally, ** 35-61-35-80 Div. 2. Permit, ** 35-81-35-100 ~. V. Numbering Buildings, U 35-101-35-120 Art. VI. Driveways and Sidewalks, U 35-121-35-175 Div. 1. Generally, ** 35-121-35-150 Div. 2. Permit, ** 35-151-35-175 Art. VII. Service Pipes and Sewers Ahead of Paving, ~~ 35-176- 35-200 Art. VIII. Excavations, ~~ 35-201-35-230 Art. IX. Railroad Crossings, ~~ 35-231-35-250 Art. X. Snow and Ice on Sidewalks, ~~ 35-251-35-254 III 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, * 5-24; consuming cereal malt beverages in public streets, * 5-68; buildings and structural appurtenances, Ch. 8; cemeteries, Ch. 9; fire prohibited on streets, * 14-78; sale of gasoline on streets and sidewalks, * 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) Secs. 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 A venue 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 e e e - e STREETS, SIDEWALKS, PUBLIC PLACES ~ 35-40 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 vertically in the north wall of the build- ing. A bench mark disk stamped Q 167 1934 . . . . . . . . . . . . . . . . . . . . . . . .. 1229.397 feet. 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 beneath 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. 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 ofthe chief of police immediately to notify the owner or occupier of the premises fronting thereon or the person placing the same thereon to remove the same without delay, and upon failure so to do, the chief of police shall have the obstruction removed at the expense of the owner or occupiers of the property and such expenses, if not paid, shall be a valid claim in favor of the city against such per- sons. (Code 1966, ~ 32-38) Supp. No.7 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 re- ceiving 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 por- tion 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 side- walk, 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. 3540. Use of public property for aesthetic purposes by abutting property owners. The board of commissioners may grant a per- mit to any person to use a portion of any side- walk, street, avenue, alley or other public prop- erty abutting upon their property for aesthetic purposes notwithstanding the provisions of sec- tion 35-36. Application for such permit shall be made to the city clerk and shall be referred by him to the board of commissioners. The applica- tion for such permit shall be accompanied by a detailed plan and specifications for the proposed project. If the board of commissioners, on consid- eration 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, 2033 ~ 35-40 SALINA CODE street, avenue or alley for the public purpose for which it was intended, the board of commission- ers may grant a permit to the applicant for such purpose on such terms, conditions and restrictions as it deems in the public interest; provided how- ever, that any permit granted hereunder shall be subject to revocation by the board of commission- ers in the event that the property is required for public purposes or if the abutting property own- ers fail or neglect to use the same for the purposes for which the permit was granted or fail or ne- glect to maintain the same in a good state of repair and in that event, then the abutting prop- erty owner shall be required to remove any im- provements 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 zon- ing administrator may grant such a permit fol- lowing review and recommendation by the Salina Business Improvement District Number 1 design review 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 approved only if it is a minimum of eight (8) 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 equip- ment shall be approved only if it is deter- mined by the director of general services that the physical presence of the proposed improve- ment will not inhibit the use of such equipment. Supp. No.7 (3) The property owner execute an agreement acknowledging responsibility for all ongoing maintenance necessary to keep the improve- ments in a good state of repair and appearance. (4) The property owner execute an agreement to hold the city harmless and to indemnify the city for any loss, cost or damage caused by such use and to procure and maintain public liability insurance covering the improvements for limits of not less than the maximum lia- bility 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 agreement acknowledging that the permit shall be sub- ject to revocation by the board of commission- ers if the property is required for public pur- poses or if the property owner fails to comply with any condition of the permit and that in either such event the improvements shall be immediately removed without compensation. (6) The property owner execute an agreement acknowledging that in the event of an immi- nent threat to public health or safety, the city manager may direct the immediate re- moval of the improvement without compen- sation. (Ord. No. 88-9248, ~ 1,4-25-88) Sec. 35-41. Wires in streets-Prohibited. It shall be unlawful for any person, except elec- tric light, telephone, telegraph and cable televi- sion 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- 2034 - e e e - e STREETS, SIDEWALKS, PUBLIC PLACES ~ 35-52 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) Sees. 35-43-35-50. 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 streets, it shall be unlawful to install, set out or maintain or to allow the installation, setting out or maintenance of any sign, fence, hedge, shrubbery, natural growth or other obstruction to view, or the parking of any vehicle other than passenger cars, within that triangle formed by the curb lines ( or the shoulder of the road where no gutter exists), of the inter- secting streets drawn from the apex of the inter- secting curb lines back a distance of sixty (60) feet with a line drawn between such points to form a base, such area to be herein referred to as a clear site zone. (Code 1966, ~ ~ 32-55, 36-505(1)) Sec. 35-52. Exceptions. The provisions of section 35-51 shall not apply to permanent buildings; public utilities poles; 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 hedge which are so planted and trimmed as to leave at all times a clear and unobstructed cross view; fences not exceeding 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; supporting mem- Supp. No.7 bers appurtenant to permanent buildings exist- ing on June 25, 1965; official warning signs or signals; to 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 2034.1 e e e STREETS, SIDEWALKS, PUBLIC PLACES ~ 35-63 the police department do not obstruct the clear site zone. All heights herein mentioned shall be measured from the gutter grade at the apex of the clear zone triangle. (Code 1966, ~~ 32-56, 36-505(2)) Sec. 35-53. Preexisting violations not excepted. No obstruction to cross visibility shall be de- termined 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, 32-505(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 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 the 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, ~~ 32-59, 36- 505(5)) Sees. 35-56-35-60. Reserved. ARTICLE IV. MOVING BUILDINGS DIVISION 1. GENERALLY Sec. 35-61. 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) 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 2035 ~ 35-63 SALINA CODE permit the moving of any such house ?r other building, shall be paid by the person makmg 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 thorou~hfare in the city at a distance of not less than sIxt:en (16) feet from the ground, then the person owmng 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 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 building left in street at any time. If any house or other building bei~g moved shall be left standing in any street at mght 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 buildin~ 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 ~o as to make it plainly visible to all approachmg 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) 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 2036 e e e STREETS, SIDEWALKS, PUBLIC PLACES ~ 35-72 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 of this 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 thereoffor 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. 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 ~ 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, ~~ 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 haye 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 e e e - e STREETS, SIDEWALKS, PUBLIC PLACES ~ 35-106 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 ef- fect 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. Compliance required; exception. 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 business build- ings and dwellings which have been using ad- dresses 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 sec- tion need not comply with said numbering sys- tem. (Code 1966, ~ 32-100; Ord. No. 84-9056, ~ 1, 12-17 -84) Supp. No.3 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 allowing one hundred (100) numbers to each block. All short and angling streets shall take the near- est parallel corresponding block number. The city engineer is hereby authorized to make exceptions, but as consistent with the numbering system pro- vided 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 A venue, even numbers shall be as- signed to the right-hand side of the streets and the 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 (21h) inches high. (Code 1966, ~ 32-103) Sec. 35-105. Assignment of numbers. It shall be the duty of the city engineer to see that all buildings which may hereafter be erect- ed, 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. No business house or dwelling situated within the corporate limits of the city shall be erected without forthwith having displayed the number assigned to such building on and in front of such building, (Code 1966, ~ 32-105) 2039 ~ 35-107 SAUNA CODE Sees. 35-107-35-120. Reserved. ARTICLE VI. DRIVEWAYS AND SIDEWALKS DIVISION 1. GENERALLY Sec. 35-121. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them: (1) Contractor means a person who is licensed by the city to perform concrete construc- tion within the puplic right-of-way. (2) Corner means the point of intersection of the property lines of a corner lot where two (2) streets intersect. (3) Curb parking space means a length of curb equal to twenty-two (22) feet where an au- tomobile or other vehicle can park. (4) Curb return means that portion of a curb next to a driveway approach which includes the radius of curvature or the ramp-type lug on commercial or industrial type pave- ments and which connects the driveway 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, construc- tion or facility between the roadway of a public street and private property. For clari- fication, a driveway approach must provide access to something definite on private prop- erty 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 parallel to the property line lying along the edge of the sidewalk nearest the street roadway or curb; or, where no sidewalk exists, a line in the street right-of-way parallel to and six (6) feet from the line of the private property. Supp. No.3 (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 gen- erally, ~ 1-2. Sec. 35-122. Supervision of work; rules; regulations authorized. All work done under a permit issued in compli- ance with this article shall be under the direction and supervision of the 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, drive- way approaches, curbing and guttering and other concrete work in the streets and designated "Speci- fications for Concrete Work", are hereby adopted by reference. Copies shall be kept on file in the offices of the city clerk and the city engineer. (Code 1966, ~ 32.217) Sec. 35-125. Compliance with plans and specifications. All sidewalks, driveway approaches, curbing and guttering constructed, reconstructed or rebuilt 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 meth- ods 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 con- 2040 e - e - e STREETS, SIDEWALKS, PUBLIC PLACES !l 35-135 dition by the owner of the property served there- by, and any such driveway approach which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by such street or the use of the street for the purpose of travel shall be repaired to conform with the specifications of this article and the rules, regula- tions 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 ac- count of the cost thereof shall be kept and re- ported to the governing body. The city shall, by ordinance, levy a special as- sessment against the lot or piece of land so re- paired 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, S 1, 10-28-85) Sec. 35-127. Compliance with article required. In addition to the rules, regulations and speci- fications 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 or cause to be construct- ed, altered or extended, any driveway approach which can be used only as a parking space or area between the curb and private property. (Code 1966, ~ 32-129) Supp. No.4 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 (61h) 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 sidewalk line; provided, that the city engineer shall be empowered to grant special ex- ceptions 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 approaches. There shall be not less than one curb parking space between any two (2) driveway approaches located on any parcel ofland. (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 foot from the adjacent property 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 street, all new sidewalk construction shall be lo- cated to conform with the existing sidewalk loca- tion. (Code 1966, ~ 32-218) Sec. 35-135. Protection of public; nonliability of city. The owner and contractor shall protect the pub- lic from injury and/or damage during the construc- 2041 ~ 35-135 SALINA CODE tion of driveway approaches or sidewalks and it is herein stipulated as an essential condition of the issuance of a permit that the city shall not be liable for damage which may arise from the pros- ecution 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 de- scribed 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 generally. 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 Arti- cle 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 praying 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. (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 as- certained, levy an assessment against the lots or pieces of land chargeable therefor, by ordinance, and the property owner shall have thirty (30) days Supp. No.4 after the publication of the ordinance within which to make full payment of the assessment. The city clerk shall mail a notice not less than fifteen (15) days prior to the end of the 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 commis- sioners 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 side- walks shall be levied as provided for in K.S.A. 12-1811, 12-1812 and 12-1814; provided, that tem- porary notes may be issued during the construc- tion of such sidewalks and before the issuance 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 confor- mity with the plans and specifications for such work, the city engineer shall have authority to order any changes in such work which may, in his opinion, be necessary, or may order the same removed and reconstructed. If any contractor shall fail to comply with any order of the city engineer in connection with any such work, the city 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 ten (10) days from the date of such order, be re- viewed 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 mem- ber of any corporation or copartnership, who shall construct, reconstruct or rebuild any of the work mentioned in this article in violation of the provi- sions hereof or contrary to the plans and specifi- 2042 e e e - e STREETS, SIDEWALKS, PUBLIC PLACES 9 35-150 cations 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 otherwise violate any of the provisions of this article shall be deemed guilty of a misdemeanor. (Code 1966, 9 32-220) Sees. 35-141-35-150. Reserved. Supp. No.4 2042.1 e e e STREETS, SIDEWALKS, PUBLIC PLACES 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 him, 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) Sec. 35-152. Fee. The fee for issuance of a permit under this divi- sion shall be as prescribed in section 2.2. (Code 1966, ~ 32-215) Sec. 35-153. Contents of form. The permit form shall contain information showing: (1) Type of construction; (2) The dimensions of the proposed driveway ap- proach or proposed sidewalk; (3) The location of the driveway approach or side- walk by lot and block number as well as by street and house number; (4) Such other information as may be required 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 his duly authorized agent desiring to con- struct the driveway approach or sidewalk. (Code 1966, ~ 32-120) Sec. 35-155. Issuance. Permits hereunder shall be issued by the city engineer if he has determined that the contractor has complied with the terms of this article and such rules, regulations and specifications of the city engineer as shall be on file in his office and in the office of the city clerk. (Code 1966, ~ 32-121) ~ 35-158 Sec. 35-156. License, bond prerequisite to permit. No permit required by section 35-151 shall be issued to any person from whom a license and bond is required until such license shall be issued and such bond filed and approved. (Code 1966, ~ 32-216) 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 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. Bond 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 running in favor of the city and conditioned that the applicant shall faithfully carry out all that is required of him by this article, the rules, regulations and specifica- tions of the city engineer and the permit for which application is made within a period of one hun- dred twenty (120) days from the date of the issu- ance of the permit. (b) The bond hereinabove provided for shall be in a principal sum 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 per- sons 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 his office and that any such work shall endure without need of repair for two (2) years from the date of the com- pletion of any such work, and that such contrac- tor will, without charge, make any repairs or re- place any such work if the same shall, in the opinion of the city engineer, become so defective 2043 ~ 35-158 SALINA CODE as to require the same within such period of two (2) years. (c) Before he shall issue any permit hereunder, the city engineer shall ascertain that the bond filed by the applicant therefor is sufficient to cover the amount of the work to be done under such permit, and in addition thereto, the amount of all work being done by the same person under per- mits previously issued and which is then uncom- pleted, and if the amount of any such bond is insufficient to cover all outstanding and uncom- pleted work under permits issued or applied for, no additional permit shall be issued until the applicant therefor shall file an additional bond in an amount sufficient to cover all such work; pro- vided, that in lieu of any such additional general bond, the applicant for any permit may file a special maintenance bond covering only the spe- cific work to be done under any specific permit, and the amount of such work shall not be counted as a part of the work covered by the general bond. (d) After a permit hereunder has been issued, the bond shall be forfeited if the permit holder shall not have completed all of the work author- ized by the permit in accordance with this article and the rules, regulations and specifications of the city engineer within a period of one hundred twenty (120) days from the date of the issuance of the permit and the city shall be authorized to restore the parcel of land involved to the condi- tion in which it existed prior to the commence- ment of any work that was done under the per- mit, including curbing and guttering where necessary, all at the expense of the permit holder, applying thereon the proceeds of the required bond. (e) If the work shall be completed in accordance with the permit, this article and the rules, regu- lations and specifications of the city engineer within a period of one hundred twenty (120) days from the date of the issuance of the permit, the bond shall be null and void. (Code 1966, ~~ 32-125-32-127, 32-213, 32-214) 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 commissioners. (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. 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 com- missioners, be ordered constructed or laid under the provisions of this article except in regard to property abutting upon streets upon which pav- ing 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.A. 12-832. 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, K.S.A. 12-833. 2044 e e e STREETS, SIDEWALKS, PUBLIC PLACES Sec. 35-178. laying by city; assessment 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 reo 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 ofits cancellation ofliabil- 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 e e e e e STREETS, SIDEWALKS, PUBLIC PLACES 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, S 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 ~ 35-217 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, S 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, S 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, S 1, 6-13-88) [The next page is 2099] 2048 e e e SUBDIVISION REGULATIONS* Chapter 36 Art. I. In General, H 36-1-36-25 Art. II. Application Procedure and Approval Process, H 36-26- 36-70 Div. 1. Generally, ** 36-26-36-35 Div. 2. Preliminary Plat, ** 36-36-36-50 Div. 3. Final Plat, ** 36-51-36-70 Art. III. Requirements for Improvements, Reservations and Design, H 36-71-36-90 Art. IV. Specifications for Documents to be Submitted, ~~ 36-91, 36-92 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, * 1 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 chapter shall have the meaning as so defined whenever 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 regulations 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 primarily designed to serve as secondary access to the side or rear of those proper- ties whose principal frontage is on some other street. (2) Applicant. The owner or duly designated representative of land proposed to be subdivided, or for which conditional use permit, amendment, variance, zoning cer- tificate 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 of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroads, rights-of-way, shorelines, or boundary lines of municipalities. (6) Bond. A form of security, including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and .Cross references-Any ordinance approvihg, dedicating, accepting, designating, redesignating or vacating any plats saved from repeal, * 1-5(16); buildings and structual 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. 2099 ~ 36-2 SALINA CODE form satisfactory to the city engineer. All bonds shall be approved by the board of commissioners wherever a bond IS re- quired 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 of land 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 parking 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 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 frontage. (14) Drainage easement. See easement, drainage. (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 providing 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 easement within 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 combination thereof resting on or partially buried in the ground and rising above ground level, used for confinement screen- ing 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 regulatory flood, but not required to carry and discharge the flood waters. (23) Flood plain. A watercourse and land adjacent to a watercourse subject to inun- dation from a flood having a chance occurrence in anyone year of one percent. (24) Floodway. The channel of a stream or other watercourse and the land area adjacent to the stream channel that is, required to carry and discharge the flood- waters of the regulatory flood (lOO-year flood) without undue restriction. (25) Improvements. All facilities constructed or erected by a subdivider or the general public within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, commercial or indus- trial use. 2100 e e e 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 zomng 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 ~ 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 covenants. See protective covenants. (50) Right-or-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. 2102 e e e SUBDIVISION REGULATIONS (63) Subdivision regulations. The official sub- division regulations of the city, together with all amendments thereto, adopted pursuant to KS.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.S.A. 12-707 et seq. (Ord. No. 80-8828, ~ 1(6.1, 6.2), 12-22-80) Cross reference-Definitions and rules of construction generally, S 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 KS.A. 12-705 and 12-705a-c & (1973 Supp.) and KS.A. 13- 1108 through and including KS.A. 13-1114 and other applicable laws, statutes, ordinances and regulations of the state and amendments thereto, the city does hereby exercise the power and authority to review, approve and disapprove plats for subdivision of land within the corporate limits of the municipality and in unincorporated terri- tory lying outside of but within three (3) miles of the nearest point on the city limits provided such ~ 36-4 territory is within the county and does not extend more than one-half the distance between this city and the corporate limits of another city which has adopted regulations under the provision of KS.A. 12-705. (1973 Supp.). (b) No land governed by this chapter shall be 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 filed with the county register of deeds. No building permit or certifi. cate of occupancy shall be issued for any parcel or plat of land within the city which was created by subdivision regulations and no excavation of land 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) 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 ofthe 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 2103 ~ 36-4 SALINA CODE program of the city. This chapter is adopted for the following purposes: (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; (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. 2104 e e e 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 KS.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 KS.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 vary 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) 2106 e e e SUBDIVISION REGULATIONS ~ 36-28 Sec. 36-28. Submission schedule. The following table indicates the order in which the various commissions shall be approached and the action required on the part of each commis sion to allow the plat to be referred to the next authority: (1) Plats of areas outside the corporate limits of the city but within three (3) miles of the city limits: a. Preliminary plat: Step Authority Action Required 1. County planning commission 2. City planning commission 3. County planning commission Approval, return plat to subdivider Approval, return plat to subdivider Approval of any changes (not required if no changes are made), return to subdivider b. Final plat: Step Authority 1. City planning commission 2. City commission Action Required Approval (signature required) Approval, return plat to subdivider (signa- ture required) Approval (signature required) Approval, return plat to subdivider (signa- ture required) Record final plat 3. County planning commission 4. County commission 5. Register of deeds (2) Plats of area within the corporate limits of the city: a. Preliminary plat: Step Authority 1. City planning commission Action Required Approval, return plat to subdivider (signature required) b. Final plat: Step Authority Action Required 1. County commission 2. City planning commission 3. City commission Approval (signature required) Approval (signature required) Approval, return plat to subdivider (signature required) Record final plat 4. Register of deeds (Ord. No. 80-8828, ~ 1(2.1-3), 12-22-80) 2107 ~ 36-29 SALINA CODE Secs. 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 thirteen (13) (fourteen (14) if outside the city limits), blackline copies of the preliminary 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 compa- ny. (Ord. No. 80-8828, ~ 1 (2.2-1), 12-22-80) Sec. 36-37. Review by appropriate agencies. The secretary or authorized designee shall refer 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 p'roject provided such lands do not ex- ceed three hundred (300) feet in width. See sec- tions 36-36(5) and 36-91(4)a. (Ord. 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) 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 2108 e e e SUBDIVISION REGULATIONS 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, S 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, S 1(2.2-7), 12-22-80) Secs. 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 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 accompanied 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; ~ 36-55 (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, S 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, S 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, S 1(2.3-3), 12-22-80) Sec. 36-54. Review by the planning commission. The proposed final plat shall be reviewed by the planning commission for conformance with the approved preliminary plat and with all appli- cable codes and regulations of the city within forty-five (45) days of the applicable filing dead- line on the current schedule of subdivision pro- cessing. Upon approval the chairman of the plan- ning commission (hereinafter referred to as chair- man) and secretary shall endorse the proposed final plat. (Ord. No. 80-8828, S 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 commission has endorsed the plat. Approval by 2109 ~ 36-55 SALINA CODE 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 dead- line shown on the current schedule of subdivision 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 com- missioners, 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 cop- ies shall remain with the secretary for city rec- ords. No final approval shall be endorsed on the plat until a review has indicated that all require- ments 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 subdi- vision or on all subdivisions generally shall be deemed a condition for any subdivision prior to the time of the signing of the final 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 si~ty (60) days the planning commission may rescmd their approval of the plat. (Ord. No. 80-8828, ~ 1(2.3-8), 12-22-80) Sees. 36-59-36-70. Reserved. ARTICLE III. REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS AND DESIGN Sec. 36-71. General. (a) Conformance to applicable rules and regula- tions. In addition to the requirements established herein, all subdivision plats shall comply with all applicable ordinances of the city and all city pol- icy documents, including all streets, drainage sys- tems and parks shown on the land use plan or other officially adopted plan; any rules of the health department and/or the state board of health; the rules of the state department of transportation, if the subdivision or any lot contained therein abuts a state highway or connecting street; the stand- ards and regulations adopted by the city engi- neer, and all boards, commissions, agencies and officials of the city; and all pertinent standards contained within the planning guides published by the applicable regional or metropolitan plan- ning 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 section 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 cov- enants be recorded with the county register of deeds in form to be approved by the city attorney. (c) Plats straddling municipal boundaries. When- ever access to the subdivision is required across land in another local governmental, jurisdiction, the planning commission may request assurance from the city attorney that access is legally estab- lished, 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. 2110 e e e SUBDIVISION REGULATIONS (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, registered architect or licensed engineer. Monuments shall be located on street right-of-way lines, at street intersections, angle points of curve and block corners. (1) The external boundaries of a subdivision shall be monumented in the field by monuments of concrete, not less than thirty (30) inches in depth, not less than four (4) inches square or five (5) inches in diameter, and marked on top with a three-fourths (%) inch by thirty (30) inches iron rod securely imbedded. The monuments shall be placed at all corners, 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 cor- ners 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 corners including the PC and PT of curved block lines, shall be marked with iron monuments no smaller than three-fourths (%) inch in diameter and two (2) feet in length, driven into the ground flush with the exist- ing ground surface. The location of such mon- uments 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 lo- cate or relocate all points and lines shown on the plat, including all pertinent curve data. The error of closure of the boundaries of any enclosed area within the plat shall not ex- ceed 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, licensed engineer or registered ar- chitect or a performance bond, based upon the city engineer's estimate, shall have been ~ 36-72 issued for monument placement prior to plan- ning commission approval of the final plat. (e) Character of the land. Land which the plan- ning commission finds to be unsuitable for subdivi- sion 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 conditions. CD Subdivision name. The proposed name of the subdivision shall not duplicate or closely approx- imate phonetically, the name of any other subdi- vision in the area covered by this chapter. The planning commission shall have final authority to designate the name of the subdivision. (Ord. No. 80-8828, ~ 1(3.1), 12-22-80) 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 ifit is zoned residential- ly. 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 plan- ning 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 com- pliance with the zoning ordinance and this chap- ter. Side lot lines shall be at right angles to street lines or radial on curved streets unless a varia- 2111 ~ 36-72 SALINA CODE tion 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 pur- poses shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated as es- tablished 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 development from traffic arterials or to overcome specific dis- advantages of topography and orientation. (2) Access from arterials. Lots shall not derive access exclusively from an arterial or collec- tor street. When driveway access from an arte- rial or collector street may be necessary for several adjoining lots, the planning commis- sion may require that such lots be served by a combined access drive in order to limit pos- sible 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. (D Fencing. Each subdivider and/or developer shall be required to furnish and install fence wher- ever the planning commission determines that a hazardous condition may exist. Such fences shall be constructed according to standards established by the city engineer and shall be noted as to height and material on the final plat. No certifi- cate of occupancy shall be issued until the fence improvements have been duly installed or a per- formance 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 there- of, lot lines shall be drawn so as to distribute the entire ownership of the waterbody among the ad- jacent lots. The planning commission may approve 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 struc- ture, of a design approved by the city engineer. (Ord. No. 80-8828, ~ 1(3.2), 12-22-80) 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, side- walk construction, and all other lot improvements required by the planning commission. Such perform- ance bond shall be sufficient to cover the cost of the improvements as determined by the city en- gineer, shall specify the time for completion, 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. Streets. (a) General requirements: (1) Frontage on improved streets. No subdivision shall be approved unless the area to be sub- divided shall have frontage on and access from an existing state, county, or township high- way; or a street shown upon a plat approved by the planning commission and recorded in the county register of deeds' office. The plan- ning commission shall further require that the entire right-of-way required by this chap- ter and official street classification plan and/or major street plan be dedicated to the board of commissioners as a condition of final plat approval. 2112 e e e e e SUBDIVISION REGULATIONS (2) Topography and arrangement: a. 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 pos- sible to the original topography. A com- bination of steep grades and curves shall be avoided. b. 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 clas- sification plan and/or major street plan. c. All thoroughfares shall be properly re- lated to special traffic generators such as industries, business districts, schools, churches and shopping centers; to popula- tion densities and to the pattern of exist- ing and proposed land uses. d. 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 min-. imum number of streets necessary to pro- vide convenient and safe access to property. e. The use of curvilinear streets, cul-de-sacs or V-shaped streets shall be encouraged. f. In business or industrial developments, the streets and other accessways 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 traf- fic, including pedestrian. (3) Blocks: a. Blocks shall have sufficient width to pro- vide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adja- cent to railroads, waterways, arterials or unplatted property. b. The lengths, widths and shapes of blocks shall be such as are appropriate for the Supp. No.6 ~ 36-74 locality and the type of development con- templated, but block lengths in residen- tial areas shall not exceed three thou- sand two hundred (3,200) feet in perimeter measurement. Non-through streets (cul- de-sacs) shall not be included in the pe- rimeter measurement. Blocks along ar- terials shall not be less than eight hundred (800) feet in length. c. The planning commission may require the reservation of easements and/or rights- 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, pl&ygrounds, shopping centers, transportation or other community facilities. Blocks designed for industrial use shall be of such length and width as may be determined suitable by the planning com- mission for prospective use. (4) Access to arterials. Where a subdivision bor- ders on or contains an existing or proposed arterial, the planning commission may require that access to such arterial streets be limited by one of the following means: a. The subdivision of land so that lots back onto the arterial an'd front onto a paral- lel local street; no access shall be pro- vided from arterials and screening shall be provided by the developer in a strip of land along the rear property line of such lots. b. A series of cul-de-sacs, V-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. c. A frontage street (separated from the ar- terial by a planting or grass strip and having access thereto at suitable points). 2113 ~ 36-74 SALINA CODE (5) 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. (6) Except as required in subsection (aX4), the creation of reserve strips adjacent to a pro- posed street in such a manner as to deny ac::ess from adjacent property to such street shall not be permitted. (7) Layout and dedication of streets and dead- end streets: a. Dedication of streets. The arrangement of streets shall provide for the continua- tion of principal streets between adjacent properties when such continuation is nec- essary for convenient movement of traf- fic, effective fire protection, efficient pro- vision of utilities, and where such con- tinuation is in accordance with the city plan. If the adjacent property is undevel- oped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A tem- porary cul-de-sac shall be provided on all temporary dead-end streets, with the no- tation on the subdivision plat that land outside the normal street right-of-way shall revert to abuttors whenever the street is continued. The planning commission may limit the length of temporary dead-end streets in accordance with the design stand- ards of this chapter. b. Dead-end streets (permanent). A dead-end street shall be designed as a cul-de-sac street and shall consist of a fifty (50l 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 diam- eter. The maximum length of a cul-de- sac street shall be six hundred (600) feet from the right-of-way line of the commenc- ing street along the centerline right-of- way of the cul-de-sac to the right-of-way line of the turnaround. See section 36-77 (aX1). (b) Design standards: (1) General In order to provide for streets of suit- able location, width and improvement to ac- commodate prospective traffic and afford sat- isfactory access to police, fire-fighting, snow removal, sanitation and road-maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties, the follow- ing design standards are hereby required (see table I). Street classification may be indicated on the official street classification and/or major street plan; otherwise, it shall be determined by the planning commission. Street Design Standards Table I Min. Tangent Length Street Min. R/W Min. Pvmt. Min. Curve Between Class ificatio n Width Width Radius Curves Arterial 200' Street 100' 53' B-B 500' Collector 100' Street 60' 41' B- B 300' Local 100' Street 60'(50') 33'(29')B-B* 150' Frontage 150' Street 50' Min. 24'- Max. 33' Supp. No.6 2114 e e e e e SUBDIVISION REGULATIONS ~ 36-74 Street Design Standards Table I Street Classification Cul-de-sac Approach Turnaround Min. RIW Width 50' 100' Dia. Min. Pvmt. Width M in:. Tangent Length Between Curves Min. Curve Radius 33'(29')B-B 90'(80')B-B * Reduced standards apply only to loop streets, cul-de-sacs and short segments no longer than six hundred (600) feet. In no instance shall a short segment street be approved which does not terminate at an intersection or connect to a cul-de-sac and which serves more than twenty (20) lots. In order to take advantage of the reduced right-of-way and paving width requirements for local streets and the reduced turnaround diameter for cul-de-sacs, a developer must first agree to provide four (4) off-street parking spaces per dwelling unit, and a note to that effect must be placed on the final subdivision plat. (2) Private streets. Private streets may be estab- lished within planned development districts in accordance with section 42-403(aXll). The following minimum standards apply to pri- vate street proposals: a. All private streets shall be designed so as to provide forty (40) feet of right-of- way and twenty (20) feet of paved surface. b. Private streets shall not be permitted where potential future development beyond the properties abutting the private street would require use of the private street for direct access to adjacent public streets. c. A notation shall be placed on all plats of any subdivision in which private streets are established stating that "All main- tenance of the right-of-way and street sur- face shall be the responsibility of the abut- ting property owner or homeowner's as- sociation. 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 standards for public streets of the city. d. The developer of any subdivision in which a private street is established shall pro- vide the planning commission with a main- tenance agreement indicating that the abutting property owner or homeowner's association agrees to assume the finan- Supp. No.6 cial and legal responsibility for mainte- nance and operation of any such private street. e. The developer shall install and maintain signs at intersections of public and pri- vate streets which read: "Private Street." f. Easements shall be provided over all pri- vate streets permitting access by munic- ipal employees and vehicles for the pur- pose of providing necessary public services to the residents or owners of areas served by such private streets. (3) Railroads and limited access highways. Rail- road rights-of-way and . limited access high- ways where located as to affect the subdivi- sion of adjoining lands shall be treated as follows: a. In residential districts a buffer strip at least twenty-five (25) feet in depth in ad- dition to the normal depth of the lot re- quired 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 designated on the plat: "This strip is re- served for screening. The placement of habitable structures hereon is prohibited." b. Streets parallel to the railroad, when in- tersecting a street which crosses the rail- 2115 ~ 36-74 SALINA CODE 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 consider- ation of the minimum distance required for future separation of grades by means of appropriate approach gradients. (4) Intersections: a. 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 in- tersection. Not more than two (2) streets shall intersect at anyone point unless specifically approved by the planning commission. b. A proposed new intersection along one side of an existing arterial street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with center- line offsets of less than one hundred fifty (150) feet shall not be permitted on any class street, except where the intersected street has separated dual drives without median breaks at either intersection. In- tersections of streets along arterials shall be at least eight hundred (800) feet apart. (c) Street dedications and reservations: (1) New perimeter streets. Street systems in new subdivisions shall be laid out so as to elimi- nate or avoid new perimeter half streets ex- cept when necessary for street alignment. Where an existing half street is adjacent to a 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 subdivider dedicates the en- tire required street right-of-way width within his own subdivision boundaries. (2) Widening and realignment of existing streets. Where a subdivision borders an existing nar- row street or when the master plan, official Supp. No.6 map or zoning setback regulations indicate plans for realignment 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 realign- ment 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 or- dinance 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(3.4), 12-22-80; Ord. No. 86-9143, ~ 1,7-21-86; Ord. No. 87-9188, ~ 1,5-18-87) Sec. 36-75. Drainage and storm sewers. (a) General requirements. The planning commis- sion shall not approve any plat of a subdivision which does not make adequate provisions for storm water runoff control. This control may be accom- plished through the use of temporary detention basins, open channels, and/or closed conduits. The applicant shall be required to submit a drainage report prepared by a licensed professional engi- neer which examines the effects of the proposed subdivision on all upstream and downstream drain- age 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 zon- ing of the land within the drainage basin. Calcu- lation of storm flows and runoff characteristics of the subdivision shall be performed in accordance with the design criteria established by the city engineer. The city engineer shall inform the plan- ning commission, in writing, of the effects of the proposed subdivision on the existing storm drain- age system based upon the above submitted drain- age report. The city may require the developer of the proposed subdivision to construct or cause to be constructed all necessary storm drainage sys- tems, designed in accordance with the design cri- teria estRblished by" the city engineer, prior to the issuance of any building permit. (b) Location. Drainage facilities shall be located in the street right-of-way where feasible, or in 2116 e e e e e SUBDIVISION REGULATIONS ~ 36-76 perpetual unobstructed easements of appropriate width. (c) Flood plain areas. The planning commission, when it deems necessary for the health, safety or welfare of the present and future population of the area and necessary for the conservation of water, drainage and facilities, may prohibit the subdivision of any portion of the property which lies within the flood plain of any stream or drain- age course. These flood plain areas shall be pre- served 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) Generai requirements. Where a subdivision is traversed by a watercourse, drainageway, chan- nel or stream, there shall be provided a storm water easement or drainage right-of-way con- forming substantially to the lines of such 'wa- tercourse, and of such width and construction as will be adequate for the purpose. The drain- age shall be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow, un- less some other design is approved by the city engineer and planning commission. (2) Drainage easements: a. Where topography or other conditions are such as to make impractical the inclu- sion of drainage facilities 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. Drainage ease- ments shall be carried from the street to a natural watercourse or to other drain- age facilities. b. When a proposed drainage system will carry water acrosS adjacent private land outside the subdivision, appropriate drain- age rights must be secured and indicated on the plat. c. The applicant shall dedicate, either in fee simple or by drainage or conserva- Supp. No.6 tion easement, land on both sides of ex- isting watercourses, to a distance to be determined by the planning commission. d. Low-lying lands along watercourses sub- ject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and re- tained in their natural state as drainage ways. Not more than twenty-fIve (25) per- cent of such land or land subject to peri- odic flooding shall be computed for de- termining the number of lots to be uti- lized 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. (al 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 provided in such a manner that an adequate sup- ply of potable water will be available to every lot in the subdivision. Water samples shall be sub- mitted to the health department for its approval. Individual wells and central water systems shall be approved by the appropriate health authori- ties. Certification of approval shall be submitted to the planning commission, prior to preliminary plat approval. (b) Individual sewerage systems and package plants. If a municipal sewerage system is not avail- 2116.1 - e e e SUBDIVISION REGULATIONS ~ 36-91 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 dedi- cated nonpavement right-of-way on both sides of all streets except cul-de-sacs. No sidewalks shall be required on cul-de-sacs provided the six hundred (600) foot maximum length re- quirement in section 36-74(aX7)b has not been varied under the provisions of section 36-10. (2) The developer will be required to construct the sidewalk prior to the issuance of an occu- pancy permit or past a performance bond to insure construction. (3) Sidewalks will be constructed in accordance with city design standards. (b) Pedestrian access. The planning commission may require pedestrian access from streets to schools, parks, playgrounds, or other nearby streets, with perpetual unobstructed easements or rights-of-way at least ten (10) feet in width. Easements or rights- of-way shall be indicated on the preliminary and final plats. (Ord. No. 80-8828, ~ 1(3.7), 12-22-80) Sec. 36-78. Utilities. 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 be- tween 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 of its 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. (b) Protection from harmful influences: (1) Every effort shall be made to protect adjacent residential areas from potential nuisance of existing or proposed non-residential subdivi- sions, including the provision of extra depth in parcels backing on existing or potential residential or non-residential development and provisions for a permanently landscaped buffer strip when deemed necessary by the planning commISSIOn. (2) Street carrying nonresidential traffic, espe- cially truck traffic, shall not be extended to the boundaries of adjacent existing or poten- tial residential areas. (Ord. No. 80-8828, ~ 1(3.10), 12-22-80) Sees. 36-81-36-90. Reserved. ARTICLE IV. SPECIFICATIONS FOR DOCUMENTS TO BE SUBMITTED Sec. 36.91. Preliminary plat. The preliminary plat shall be prepared by a registered land surveyor, licensed engineer or reg- istered 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; 2117 ~ 36-91 SALINA CODE b. Proposed name if property is not within a previously platted subdivision. This name shall not be so similar to any existing subdivision name in or near the city as to cause confusion. (2) Ownership: a. Name, address and telephone number of legal owner or agent of property and ci- tation of last instrument conveying title to each parcel or property involved in the proposed subdivision, 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; d. Name, address and telephone number of the professional person responsible for surveys, subdivision design, and for the design of public improvements. (3) Description. Location of property by govern- ment lot, section, township, range and coun- ty, north arrow, graphic scale, written 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 sec- tion 36-39. The location of existing ease- ments, burial grounds, railroad rights-of- way, watercourses, wooded areas and in- dividual trees as defined in this chapter; b. Location, width and names of all exist- ing or platted streets or other public ways within or immediately adjacent to the tract and the location and width of pro- posed streets; c. Location and sizes of existing sewers, water mains, culverts, wells, septic tanks, and other underground structures within the tract and immediately adjacent thereto; existing permanent buildings and utility poles on or immediately adjacent to the site and utility rights-of-way; 2118 d. If other than public systems are proposed, preliminary proposals for alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting and discharging surface water drainage; e. A vicinity map showing streets and other general development of the surrounding area; f. Whenever the plat covers only a part of an applicant's contiguous holdings, the applicant shall submit, at a scale of no more than two hundred (200) feet to the inch, a sketch of the proposed subdivi- sion area, together 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 dimensions of all boundary lines of the property to be expressed to the nearest foot; h. The location of pertinent features such as swamps, parks, bridges, railroads, as determined by the planning 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 of lesser grade; 1. The locations and dimensions of all pro- posed or existing lots expressed to the nearest foot; J. The locations and dimensions of all prop- erty proposed to be set aside for park and playground use, or other public or pri- vate reservation, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation; k. The name and address of the owner or owners ofland to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor, engineer or architect; 1. The date of the plat, approximate north point, graphic and written scale and suf- ficient data acceptable to the city engi- e e e SUBDIVISION REGULATIONS ~ 36-92 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. Names 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 (D.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) Sec. 36-92. Final plat. (a) General. The final plat shall be submitted in the form of an original drawing in waterproof ink on linen or 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 final subdivision plat shall be prepared by a registered land surveyor, registered architect, or licensed engineer. It is desirable that the drawing of the final plat appear on a single sheet. When this is impossible, 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 revision dates must be shown as well as the following: (1) Name of the subdivision; (2) Location map showing the location of the subdivision relative to adjacent subdivisions, tracts and the city limits; (3) A legal description of the perimeter of the tract being subdivided; (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 street; (5) All lot lines, right-of-way lines, streets, and easements shall be shown with their dimen- sions to the nearest one hundredth (.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 three-fourths (%) inch in diameter and two (2) feet in length, drive into the ground flush with the existing 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, including 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; (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 three-fourths (%) inch in di- ameter and thirty (30) inches in length, set rigidly in concrete (K.S.A. 58-2001); (8) Where any section or quarter-section cor- ner is involved, in the control establishing 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 2119 ~ 36-92 SALINA CODE 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) I, the undersigned, do hereby certify that I am a licensed professional engineer, registered land surveyor or registered architect in the State of Kansas, with experience and proficiency in land surveying; that the heretofore described property was surveyed and subdivided by me, or under my supervision; 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 monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge 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 ) ) ss COUNTY OF SALINE) The undersigned, being a duly licensed and bonded abstracter or authorized representative thereof, 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_. 2120 e e e SUBDIVISION REGULATIONS ~ 36-92 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- of, hereby certifies that the above is the legal owner(s) of the property shown on this plat. Dated this 19 day of ,A.D. NOTARY CERTIFICATE ST ATE 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 City Clerk County Clerk 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 2121 ~ 36-92 SALINA CODE 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 ST ATE 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. 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 ) 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. COrd. No. 80-8828, ~ 1(4.2), 12-22-80) [The next page is 2173] 2122 e e e - e Chapter 37 TAXATION* "Editor's note-Charter ord. no. 22, S 4, adopted September 15, 1986, repealed Ch. 37 which consisted of SS 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, SS 32A-1l-32A-13; and Ord. No. 80-8818, S 1, adopted November 10, 1980. For similar provisions, see App. A, Charter ord. no. 22. [The next page is 2221] Supp. No.7 2173 e e e e . Chapter 38 TRAFFIC AND MOTOR VEHICLES* Art. I. In General, H 38-1-38-20 Art. II. Miscellaneous Rules, ~~ 38-21-38-40 Art. III. Stopping, Standing and Parking, H 38-41-38-100 Div. 1. Generally, ~9 38-41-38-50 Div. 2. Parking Meters, 9938;51-38-80 Div. 3. Inoperable Vehicles, 99 38-81-38-100 Art. IV. Parades and Processions, H 38-101-38-115 Art. V. Trains and Railroads, ~~ 38-116-38-130 Art. VI. Size, Weight and Load, ~~ 38-131-38-150 Art. VII. Noise, H 38-151-38-157 ARTICLE I. IN GENERAL tion 32, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits: Sec. 38-1. Incorporating Standard Traffic Ordinance. (a) Incorporated by reference. There is hereby incorporated by reference for the purpose of regu- lating traffic within the corporate limits of the City of Salina, Kansas, that certain standard traf- fic ordinance known as the "Standard Traffic Or- dinance for Kansas Cities," edition of 1988, pre- pared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, except Section 33 contained therein is modified as set forth in subsection (b) below. No fewer than three (3) copies of the Standard Traffic Ordinance shall be marked or stamped "Office Copy as Adopted by Ordinance Number 88-9274," 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 ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. (1) Twenty (20) miles per hour in any business district; (2) Thirty (30) miles per hour in any residence district; (3) Twenty (20) miles per hour in any park; (4) Ten (10) miles per hour in any alley; (5) Twenty (20) miles per hour in any school zone; and (6) Fifty-five (55) miles per hour in all other locations. The maximum speed limit estab- lished by or pursuant to this paragraph shall be of force and effect regardless of whether signs are posted giving notice thereof and notwithstanding any signs giving no- tice of maximum speed limits in excess there- of, and any sign giving notice of a maxi- mum speed limit in excess of the limits established by or pursuant to this paragraph shall not be of any force or effect. (b) No person shall drive a school bus to or from school or interschool or intraschool func- tions or activities at a speed greater than forty- (b) Amendment. Section 33 of the Standard Traf- fic Ordinance is hereby changed to read as follows: Section 33. Maximum speed limits. (a) Except when a special hazard exists that requires lower speed for compliance with Sec- *Cross references-Ordinances prescribing traffic regulations for specific streets or areas saved from repeal, 9 1-5(13); distribut- ing matter in or attaching to motor vehicles, 9 3-1; transportation of alcoholic liquor, 9 5-24; mobile homes and trailers, Ch. 22; police, Ch. 30; standards for transportation in vehicles for private garbage haulers, 9 34-51; streets, sidewalks and other public places, Ch. 35; vehicles for hire, Ch. 40. State law references-Automobiles and other vehicles generally, K.S.A. Ch. 8; powers of local authorities, K.S.A. Ch. 8, Art. 20. Supp. No.7 2221 - ~ 38-1 five (45) miles per hour on any roadway having dirt, sand or gravel surface, and in no event shall a school bus be driven to and from school or activities in excess of fifty-five (55) miles per hour, notwithstanding any maximum speed limit in excess thereof. The provisions of this subsec- tion shall apply to buses used for the transpor- tation of students enrolled in community junior colleges or area vocational schools when such buses are transporting students to or from school functions or activities. (Ord. No. 87-9175, ~ 1, 3-16-87; Ord. No. 88-9274, ~~ 1,2,8-22-88) Editor's note-Ord. No. 87-9175, ~~ 1-3, adopted March 16, 1987, enacted provisions for ~~ 38-1-38-1.2, and ~ 4 of the aforesaid ordinance repealed former ~ 38-1 and ~ 38-1.1. Former ~ 38-1 and 38-1.1 were concerned with similar provisions, and derived from Ord. No. 85-9062, ~ 1, adopted February 11, 1985; and Ord. No. 85-9066, ~ 1, adopted March 11, 1985; respectively. Sec. 38-1.1. Traffic infractions and traffic offenses. (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 classi- fied as a traffic infraction in K.S.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 sec- tion shall be considered traffic offenses. (Ord. No. 87-9175, ~ 2, 3-16-87) Note-See editor's note to ~ 38-1. Sec. 38-1.2. Penalties for scheduled fines. The fine for violation of any ordinance traffic infraction or any other offense for which the mu- nicipal judge establishes a fine in a fine schedule 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) SuPp. No.7 _.._-~_._...._.__._~--._--- SAUNA CODE 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 general pub- lic or community-wide purpose or function and the city manager is hereby authorized to place appropriate signs or devices in the street indicat- ing the temporary closing thereof. (Code 1966, ~ 22-65) 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 au- thority to temporarily establish a zone of quiet upon any street where a person is seriously ill if requested so to do by the written statement of at least one registered physician certifying to its necessity. Such temporary zone of quiet shall em- brace all territory with a radius of two hundred (200) feet of the building occupied by the person named in the request of said physician. Such tem- porary 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) Sec. 38-0. Request that children not be licensed except on showing of necessity. It is hereby requested that the motor vehicle department of the state not issue operators' Ii- 2222 e e e - e TRAFFIC AND MOTOR VEHICLES * 38-11 censes to minors under the age of sixteen (16) years except upon a showing of necessity as pro- vided by K.S.A. 8-237. (Code 1966, ~ 22-31) Cross reference-Minors generally, Ch. 21. Sec. 38-6. Applications for restricted licenses to be referred to chief of police; action thereon. The applications of all parents or guardians of minors under the age of sixteen (16) years and at least fourteen (14) years of age shall be forwarded to the chief of police who shall made a recom- mendation thereon and such recommendation shall be forwarded, with the application, to the motor vehicle department of the state for appropriate action by the department in accordance with law; provided, that the approval, so given by the chief of police, may be withdrawn at any time upon proof being submitted to the chief of police that any such minor has failed to use and employ such license in strict compliance with state law. (Code 1966, ~ 22-32) Cross reference-Minors general1y, Ch. 21. State law reference-Authority for this section, K.s.A. 8-237. 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 specified 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 Sec. 38-8. Parental responsibility for violations 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 bicycle or other vehicle in the city shall be responsible for the obedience of Supp. No.7 such child to the requirements of this chapter, and it shall be unlawful for any parent or guard- ian of any such child to knowingly permit the violation by such child of any of the provisions of this chapter, or to furnish to or permit the use by any such child of any bicycle or other vehicle in violation of the provisions of this chapter, and the continued violation by any such child of any pro- visions of this chapter after notice of such viola- tion has been brought to the attention of such parent or guardian shall be presumed to be with the knowledge and consent of such parent or guard- ian. (Code 1966, ~ 22-351) Cross reference-Minors generally, Ch. 21. Sec. 38-9. Police to take up bicycles, vehicles used by children in violations. If any child under the age of sixteen (16) years shall operate or ride on any bicycle or other vehi- cle in violation of the provisions of this chapter or if any such bicycle or other vehicle, or the equip- ment of the same, fails to comply with the re- quirements of this chapter, any police officer of the city may take possession of such vehicle 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 ar- rangements are made by such parent or guardian to comply with the requirements of this chapter. (Code 1966, ~ 22-352) Cross reference-Minors general1y, Ch. 21. Sec. 38-10. Definition of street or highway. In addition to the definition of a "street or high- way" as set forth in the traffic ordinance for Kan- sas 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 2223 e e e - e TRAFFIC AND MOTOR VEHICLES A 38-40 all areas open to the public for vehicular traffic, whether publicly or privately owned. (Ord. No. 83-8974, ~ 1,10-17-83) Secs. 38-12-38-20. Reserved. ARTICLE II. 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 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 moving 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) Sec. 38-23. Riding bicycles on sidewalks in business districts. It shall be unlawful for any person to ride a bicycle on any sidewalk in any business district. (Code 1966, ~ 22-209) Sec. 38-24. Duties when riding bicycle on sidewalk. In residence districts, no person shall ride a bicycle on a sidewalk except with due care for the safety of pedestrians, and the rider of a bicycle on a sidewalk when approaching or passing a pedes- 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. (Code 1966, ~ 22-210) Sec. 38-25. Impersonating blind or incapac- itated person. It shall be unlawful for any person, unless to- tally or partially blind or otherwise incapacitat- Supp. No.3 ed, 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 cross- walk 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 flag- man 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 children and until the person giving such signal shall have signaled the driver of such vehicle to proceed. (Code 1966, ~ 22-7) 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 pri- vate grounds in the city or upon the flood control dikes of the city, except upon the improved por- tions of public streets, parking lots, permanent or temporary driveways and such other places as may be permitted by ordinances of the city; pro- vided, however, the board of commissioners may, by resolution, designate areas where certain types of motor driven cycles or similar vehicles may be operated. (Ord. No. 83-8975, ~ 1, 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 post- ed, operate any vehicle in excess of the posted speed limit. (Ord. No. 83-8976, ~ 1, 10-17-83) Sec. 38-29-38-40. Reserved. 2225 ~ 3841 SAUNA CODE ARTICLE III. STOPPING, STANDING AND PARKING. DIVISION 1. GENERALLY Sec. 3841. Parking of certain vehicles on streets in residential areas; arterial 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, motor home, boat or bus; provided however, this provi- sion 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 dwell- ing 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, "nighttime" shall be de- fIned as the period of time from one-half (lh) hour after sundown until one-half (lh) hour before sun- rise. 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. 38-41.3. Front wheel to be against curb. All vehicles, except motorcycles, shall be parked so that the right or left front wheel of the vehicle is resting against the curb. (1966, ~ 22-181; Ord. No. 84-9045, ~ 1, 9-24-84) Sec. 38-41.7. Overtime parking prohibited. (a) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be -erou reference-Off-street parking and loading require- ments, ~ 42-541 et seq. Supp. No.3 parked overtime or beyond the period of legal parking time established for any city street. (b) Each police officer shall attach to such ve- hicle a notice to the owner or operator thereof that such vehicle has been parked in violation of the provisions of this section. Each such owner or operator may, within forty-eight (48) hours of the time when such notice was attached to such ve- hicle enclose the notice with one dollar ($1.00) if the violation was for parking beyond the period of legal parking for the zone in violation of subsec. tion (a) and pay the same to the desk sergeant at the police station 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 such violation was attached to such vehicle the penalty for such violation shall be fIve dollars ($5.00), payable to the desk sergeant at the police station, the failure of such owner or operator to make such provisions within forty-eight (48) hours shall render the owner or operator suhject to the penalties hereinafter provided for violation of the provisions of this division. (Code 1966, ~ ~ 22-183', 22-190; Ord. No. 81-8885, ~ 1, 11-2-81; Ord. No. 81-8886, ~ 1, 11-2-81) Sec. 3842. 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 un- attended, any vehicle upon the private real prop- erty 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 injury is likely if the vehicle is not removed im- mediately, no vehicle shall be removed without either: (1) Personally notifying the owner of the viola- tion and giving said person a reasonable time to move said vehicle; or 2226 e e e - e TRAFFIC AND MOTOR VEHICLES ~ 38-44 (2) Placing notice of the violation in a noticeable place on the vehicle, then waiting forty-eight (48) hours, and making a reasonable attempt to locate the owner of the illegally parked vehicle. If an emergency situation exists, any police offi- cer 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 possession 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 towing 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, U 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. (b) Absent an emergency situation in which dam- age 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 viola- tion and giving said person a reasonable time to move said vehicle; or (2) Placing notice of the violation in a noticeable place on the vehicle then waiting forty-eight (48) hours, and making a reasonable attempt Supp. No.5 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 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 non- emergency situation shall be surrendered to the identified owner thereof, only upon the payment of storage charge and towing fee, which is neces- sarily 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 surrend- ered 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. (d) If any person contests validity of the towing 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. Violations. (a) Any person who shall violate any parking provisions of this Code or any other parking regu- 2227 ~ 38-44 SALINA CODE lations, except as otherwise provided, shall be punished by a fine of not more than twenty-five dollars ($25.00). (b) When a vehicle is parked within any area wherein parking is prohibited, for over an hour, then each additional hour thereafter shall be deemed to be a separate offense. (Code 1966, ~~ 22-146, 22-158) Sec. 3845. Marking of vehicles in areas where parking time is limited. The chief of police shall cause all vehicles parked in areas where the length of parking time is lim- ited to be marked in such manner as to distin- guish such vehicles during the hours in which the parking requirements within such areas are ef- fective, and any person who shall remove, erase, or destroy or cause to be removed, erased or de- stroyed 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 1-10. (Ord. No. 86-1940, ~ 1, 7 -7 -86) Sees. 38-46-38-50. Reserved. DIVISION 2. PARKING METERS Sec. 38-51. Definitions. The following words and phrases, when used in this division, shall have the meanings respectively ascribed to them: (1) Parking meter shall mean a mechanical de- vice located upon a municipal and public park- ing lot, a public street or sidewalk in a place regularly designated as a parking meter zone, which device shall record a certain number of minutes by the use of a clock mechanism determining the period of time for which park- ing privileges may be extended to the person depositing a coin therein. (2) Parking meter zone shall be deemed to repre- sent a certain designated and marked off sec- Supp. No.5 tion of a municipal and public parking lot or a certain designated and marked off section of a public street within the marked and des- ignated boundaries where the vehicle may be temporarily parked and allowed to remain for such period of time as the parking meter there situated may indicate. Such parking meter zones shall be designated by a parking meter which shall be located upon the side- walk, bumper curb, island or other place ad- jacent to the designated and marked off park- ing spaces. (3) Vehicle shall mean any device by which any person or property may be transpor-ted upon a public highway, except those operated upon rails or permanent tracks. (Code 1966, ~ ~ 22-169-22-171) Cross reference-Definitions and rules of construction gen. erally, * 1-2. Sec. 38-52. Purpose of receipts. The coin or coins required to be deposited in parking meters as provided herein are hereby levied and assessed as fees to provide for the proper regulation and control of traffic upon the public streets, improvement of traffic facilities, and the cost of supervision and regulating the parking of vehicles in the parking meter zones created here- by, and to cover the cost of the purchasing, leas- ing, acquiring, installation, operation, maintenance, supervision, regulation and control of the park- ing meters described herein. (Code 1966, ~ 22-172) Sec. 38-53. Provisions declared supplemental. This division shall be deemed to be in addition and supplementary to, and not in conflict with nor a repeal of prior or existing ordinance of the city, but shall be an additional provision for the regulation of traffic and parking in those zones provided for hereunder. (Code 1966, ~ 22-173) Sec. 38-54. Establishing of zones. The board of commissioners shall from time to time by resolution designate and establish park- ing meter zones and time limits therein. (Code 1966, ~ 22-174) 2228 e e e - e TRAFFIC AND MOTOR VEHICLES ~ 38-56 Sec. 38-55. Manager to install meters, mark lilpaces. The city manager shall cause meters to be in- stalled in the parking meter zones and shall cause parking meter spaces to be designated as herein- after provided, and shall indicate the time limita- tions by designating the same on the parking meter or meters or by appropriate signs posted in proximity to the meters in such zones. (Code 1966, ~ 22-175) Sec. 38-56. Manager to procure, maintain meters. The city manager is hereby directed to provide for the purchase, leasing, acquiring, installation, operation, maintenance, supervision, regulation and use of the parking meters provided for in this division and to maintain the meters in good work- able condition and the city manager is hereby vested with power and authority to enter into a Supp. No.5 2228.1 e e e -- e TRAFFIC AND MOTOR VEHICLES ~ 38-62 contract for a six (6) months' trial period, after approval of the terms and conditions thereof by the board of commissioners for the leasing and installation of parking meters, the payment for such meters and/or installation to be provided for solely from the receipts, funds and revenues ob- tained from the operation of such parking meters without in any manner obligating the city to pay for the same from any other source. The city man- ager is further authorized and empowered to enter into a contract, after approval of the terms and conditions thereof by the board of commissioners of the city, for such protection and maintenance of the parking meters as may be necessary to maintain the same in good operating condition and to pay for such parts, protection and mainte- nance of said parking meters exclusively from the receipts, funds and revenues received from the operation of the parking meters. (Code 1966, ~ 22-176) Sec. 38-57. Location, construction of meters. The parking meters installed in the parking meter zones established as provided in section 38-54 shall be placed upon the curb immediately adjacent to the individual parking places herein- after described. Each parking meter shall be placed or set in such manner as to show or display by a signal that the parking space adjacent to such meter is or is not legally in use. Each parking meter installed shall indicate by proper legend the legal parking time established by the city and when operated shall indicate on and by its dial and pointer the duration of the period of legal parking, and on the expiration of such period, shall indicate illegal or overparking. (Code 1966, ~ 22-177) Sec. 38-58. Meters not to operate on holidays. Parking meters will not be operated nor will the deposit of coins therein be required on the holidays listed in section 1-4 or defined in Chap- ter 35 of Kansas Statutes Annotated. (Code 1966, ~ 22-178) Sec. 38-59. Designation of stalls; duty to park within. The city manager shall have markings painted or placed upon the curb and/or upon the street Supp. No.3 adjacent to each parking meter for the purpose of designating the parking space for which the meter is to be used and each vehicle parking adjacent or next to any parking meter shall park within the lines or markings so established. It shall be un- lawful and a violation of this division to park any vehicle across any such line or marking or to park the- vehicle in such position that the same shall not be entirely within the area so desig- nated by such lines or markings. (Code 1966, ~ 22-179) Sec. 38-60. Penalty for improper parking. It shall be the duty of the police officers of the city, acting in accordance with instructions issued by the city manager, to report any vehicle which shall be parked in violation of section 38-59 by showing the license number of such vehicle and the time and place where such vehicle was parked in violation of the provisions of this article. Each such owner or operator may, within seventy-two (72) hours of the time when such notice was at- tached to such vehicle, enclose the notice with one dollar ($1.00) and deposit the same in the courtesy fine collection box attached to certain parking meter posts or pay the same to the desk sergeant at the police station as a penalty for and in full satisfaction of such violation. If the pen- alty is not paid within seventy-two (72) hours of the time when such notice was attached to such vehicle, the penalty for such violation shall be two dollars ($2.00) payable to the desk sergeant at the police station, and the failure of such owner or operator to make such provision within the seventy-two (72) hours shall render the owner or operator subject to the penalties hereinafter pro- vided for violations of the provisions of this divi- sion. (Code 1966, ~ 22-180) Sec. 38-61. Front wheel to be against curb. All vehicles, except motorcycles, parked in a prescribed and indicated area in any parking meter zone shall be parked so that the right or left front wheel of the vehicle is resting against the curb. (Code 1966, ~ 22-181; Ord. No. 84-9045, ~ 2, 9-24-84) . Sec. 38-62. Duty to deposit coin, activate meter. When any vehicle shall be parked in any space adjacent to which a parking meter is located in 2229 ~ 38-62 SALINA CODE accordance with the provisions of this division, the operator of the vehicle shall, upon entering the parking space, immediately deposit or cause to be deposited a coin of the United States, in such parking meter, of a denomination or denom- inations indicated on each of such meters, and put such meter in operation, and failure to de- posit such coin or coins and put the meter in operation shall constitute a breach of this divi- sion and shall subject such person to the penalty prescribed in section 38-71. Upon the deposit of such coin or coins and placing the meter in opera- tion, the parking space may be lawfully occupied by such vehicle during the period of parking time which has been prescribed for the part of the street in which the parking space is located. If the vehicle shall remain parked in any such parking space beyond the parking time limit fIXed for such parking space, the parking meter shall by its dial and pointer indicate such illegal parking, and in that event, such vehicle shall be considered as parked overtime and beyond the period of legal parking time and the parking of a vehicle over- time or beyond the period of legal parking time shall be a violation of this division and punished as hereafter set out. (Code 1966, ~ 22-182) Sec. 38-63. Overtime parking prohibited. It shall be unlawful for any person to cause, allow, permit, or suffer any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time established for any parking meter zone as herein described. (Code 1966, ~ 22-183; Ord. No. 81-8885, ~ 1, 11-2-81) Sec. 38-64. Permitting vehicle to be parked overtime. It shall be unlawful for any person to permit a vehicle to remain or be placed in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying such parking space has already parked beyond the period of time prescribed for such parking space. (Code 1966, ~ 22-184) Supp. No.3 Sec. 38-65. Length of vehicles in municipal lots. No vehicle shall be parked within any munici- pal parking lot if the vehicle shall be of an overall length in excess of twenty (20) feet. (Code 1966, ~ 22-185) Sec. 38-66. Damaging; defacing meters. It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, de- stroy or impair the usefulness of any parking meter installed under the provisions of this divi- sion. (Code 1966, ~ 22-186) Sec. 38-67. Depositing slugs. It shall be unlawful for any person to deposit or cause to be deposited in any parking meter, any slug, device or metallic substance, or any other substitute for a coin of the United States. (Code 1966, ~ 22-187) Sec. 38-68. Temporary suspension of use of meters. The city manager is hereby authorized and vested with the power and authority to enter into con- tracts, after approval of the terms and conditions thereof by the board of commissioners, for the temporary suspension of the use of any or all parking meters within the city, on the conditions that the party or parties seeking such suspension shall reimburse the city in an amount which shall be not less than the average daily receipts for the preceding month and the revenues received there- from shall be credited to the parking meter fund. (Code 1966, ~ 22-188) Sec. 38-69. Police to report violations. It shall be the duty of police officers of the city, acting in accordance with instructions issued by the city manager to report: (1) The number of each parking meter which indicates that the vehicle occupying the park- ing space adjacent to such parking meter is or has been parking in violation of any of the provisions of this division; 2230 - e e e - . TRAFFIC AND MOTOR VEHICLES ~ 38-82 (2) The state license number of such vehicle; (3) The time during which such vehicle is park- ing in violation of any of the provisions of this division; (4) Any facts, a knowledge of which is necessary to a thorough understanding of the circum- stances attending such violation. (Code 1966, ~ 22-189) Sec. 38-70. Notice ofviolationj payment in lieu of penalty. Each police officer shall attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of the provisions of this division. Each such owner or operator may, within forty-eight (48) hours of the time when such notice was attached to such vehi- cle enclose the notice with two dollars ($2.00) if the violation was parking beyond the period of legal parking for the zone in violation of section 38-63 and deposit the same in the courtesy fine collection box attached to certain posts or pay the same to the desk sergeant at the police station as a penalty for and in full satisfaction of such viola- tion. If the penalty is not paid within forty-eight (48) hours of the time when such violation was attached to such vehicle, the penalty for such violation shall be five dollars ($5.00) for viola- tions of section 38-63 payable to the desk ser- geant at the police station, the failure of such owner or operator to make such provisions within forty-eight (48) hours shall render the owner or operator subject to the penalties hereinafter pro- vided for violation of the provisions of this divi- sion. (Code 1966, ~ 22-190; Ord. No. 81-8886, ~ 1, 11-2-81; Ord. No. 87-9221,9 1, 10-26-87) Sec. 38-71. Penalty. Any person who shall violate any of the provi- sions of this division and any person who aids, abets or assists therein, shall, upon conviction thereof, be subject to a fine of not exceeding fifty dollars ($50.00) for each offense or violation or be imprisoned for not exceeding fifteen (15) days. (Code 1966, 9 22-191) Sees. 38-72-38-80. Reserved. Supp. No.7 DIVISION 3. INOPERABLE VEHICLES* Sec. 38-81. Finding of governing body. The board of commissioners finds that junked, wrecked, dismantled, inoperative, discarded or aban- doned vehicles, or parts thereof, in and upon all property within the city is a matter affecting the health, safety, and general welfare of the citizens 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 property; (4) They constitute a fire hazard in that they block access for fire equipment to adjacent buildings and structures. (Code 1966, S 23-171) Sec. 38-82. Definitions. The following words and phrases, when used in this division, shall have the meanings respectively ascribed to them: 11 \ IrlOpl!rable means a condition of being junked, necked, wholly or partiall.v dismantled, dis- carded, abandoned, or unable to perform the functions or purposes for which it was origi- nally constructed, or for which it may have been subsequently modified. (2) Vehicle means any automobile, truck, trac- tor, aircraft or motorcycle, which as originally built contained an engine or designed to con- tain an engine, regardless of whether it con- tains an engine at any other time. (Code 1966, ~ 23-172) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. .Cross reference-Nuisances generally, Ch. 24. 2231 ~ 38-83 SALINA CODE 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 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. Provided, however, that nothing in this section authorizes the maintenance of a public nuisance. (Code 1966, ~ 23-173; Ord. No. 87-9189, ~ 1,5-18-87) Sees. 38-84, 38-85. Reserved. Editor's note-Ord. No. 87-9189, ~ 4, adopted May 18, 1987, repealed ~ 38-84 and l\ 38-85 in their entirety. Former ~ 38-84, concerning temporarily disabled vehicles, derived from the Code of 1966, ~ 23-174; and former l\ 38-85, concerning screening, derived from the Code of 1966, l\ 23-17,5. Sec. 38-86. Presumptions that a vehicle is inoperable. 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 ve- hicle upon the streets and highways. (Code 1966, ~ 23-176) Sec. 38-87. Procedure. (a) Whenever an informal complaint is made to the city or at any time a duly authorized officer of the city becomes aware of the existence of a viola- tion of this division, a notice to appear in munici- pal court initiating prosecution of the violation shall be served upon the person in possession of the vehicle or the owner of the real property upon which such inoperable vehicle is located. Supp. No.7 (b) If the owner of such inoperable vehicle can- not be found, and/or the owner of the real prop- erty upon which the vehicle is located is a nonres- ident of the county, a duly authorized officer of the city shall have the authority to enter upon such property and cause the vehicle to be removed. All costs incurred in such removal shall be as- sessed against the property upon which the vehi- cle is located and shall be collected by any lawful means available to the city. (Code 1966, ~ 23-177; Ord. No. 87-9189, ~ 2, 5-18-87) 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 constitute 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, S 23-178; Ord. No. 87-9189, S 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 de- partments, 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 parade or procession. 2232 e e e - e TRAFFIC AND MOTOR VEHICLES ~ 38-118 (b) The permit fee shall be as prescribed III section 2-2. (Code 1966, ~ 22-234) 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 re- quired 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, ~ 35-231 et seq. Supp. No.6 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 brake- man, switchman, engineer, or other employee or officer of any railroad to permit or cause to per- mit 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 approaching traffic of the immediate approach of such train or car or cars of such train or other object moving along such track; provided, that no railroad car or cars, or other object moving along such track shall be shuttled, switched, driven or "bumped" across any street, avenue or thoroughfare in the city 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 warn- ing device, every person who is on, operating or assisting 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 cross- 2232.1 e e e TRAFFIC AND MOTOR VEHICLES ing, when the train is approaching the crossing, shall be deemed guilty of a public offense 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 Avenue and on Ash Street to inform motorists that warning signals will not be sounded by train locomotives at these crossings. (Ord. No. 81-8835, ~ 1, 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- ingly permit to be driven or moved on any high- way any vehicle or combination of vehicles of a size or weight exceeding the limitations stated in Article 19 of Chapter 8 of Kansas Statutes Anno- tated or otherwise in violation of this article, and the maximum 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 special 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 ~ 38-133 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 there- on, 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 vehi- cle 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 chap- ter, 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 ofa bus, excluding all rearview mirrors, turn signal lamps and handholds equipment used in intercity tran- sit 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 interstate and defense highway system and no vehicle so loaded may be moved later than thirty (30) minutes after sunset or before thirty (30) min- utes before sunrise. No vehicle loaded as author- ized 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 exceeds the width as provided in subsection (c) may be moved on the highways of this state upon obtain- ing 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 2233 ~ 38-133 SALINA CODE 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 hundred thousand dol- lars ($100,000.00) for injury to anyone (1) per- son, and three hundred thousand dollars ($300,000.00) for injury to persons in anyone (1) accident, and twenty-five thousand dollars ($25,000.00) for in- jury to property. (Code 1966, ~ 22-327) State law reference-Similar provisions, K.S.A. 8-1902, 8-1911(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 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 (131/2) feet. (b) No motor vehicle shall exceed a length of forty-two and one-half (42%) 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 together shall exceed a total length of sixty-five (65) feet. (d) The limitations in this section governing maximum length of a truck tractor and semitrailer or other combinations of vehicles coupled together shall not apply to vehicles operating in the day- time when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, except that it shall be unlawful to operate any such vehicle or combina- tion 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 designee of the secretary pursuant to K.S.A. 8-1911. For the purpose of authorizing the issuance of such spe- cial 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 operated at nighttime by a public utility when required for emergency repair of public service facilities or properties or when operated under special permit as provided in 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 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 house trailer , 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. (f) 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 KS.A. 8-1911, and amend- ments thereto, by the secretary with respect to roads and highways under the secretary's juris- diction, or a local authority, with respect to roads and highways under such local authority's juris- diction. Notwithstanding any other provision of law to the contrary, for the purposes of this sub- section, 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. 2234 e e e TRAFFIC AND MOTOR VEHICLES Sec. 38-136. Wheel and single-axle load limits. (a) The gross weight upon any wheel of a vehi- cle shall not exceed the following: (1) When the wheel is equipped with a high pres- sure pneumatic, solid rubber or cushion tire, eight thousand (8,000) pounds; (2) When the vehicle is being operated on a high- way 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 pneumatic tire, nine thou- sand (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 high- way not included in the interstate system and such highway has been approved and designated for such operations by the secre- tary 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 thousand (16,000) pounds; (2) When the vehicle is being operated on a high- way 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 pneu- matic tires, eighteen 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 vehi- cle is operated on a highway not included in the interstate system and such highway has been approved and designated for such oper- ations by the secretary of transportation. (c) When and ifthe congress of the United States returns to this state the exclusive power to de- termine wheel and axle load limits on the inter- state system, or when and if the congress of the United States adopts gross weight limits on the ~ 38-138 interstate system commensurate with such limits prescribed by this section for vehicles not being operated 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 sys- tem 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 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 a vehi- cle or combination of vehicles or the gross weight on any axle or tandem axles is unlawful is au- thorized 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 2235 ~ 38-138 SALINA CODE 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 section, 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 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 weigh- ing as provided in this section or who fails or refuses when directed by an officer or properly designated department of revenue agent or em- ployee, to comply with the provisions of this sec- tion, 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 appropri- ate signs giving notice thereof, and after the erec- tion of such signs, it shall be unlawful for any person to operate a truck having a gross vehicle weight of over sixteen thousand (16,000) pounds thereon for any purpose other than making deliv- eries to premises located within the corporate lim- its of the city. (Code 1966, ~ 22-335) Sees. 38-140-38-150. Reserved. ARTICLE VII. NOISE* Sec. 38-151. Definitions. Unless otherwise expressly stated or the con- tents clearly indicates a different intention, the following terms shall have the meaning shown: (1) dBA means the composite abbreviation for A-weighted sound level, and the unit of sound level, the decibel. (2) Gross combination weight rating, or GCWR means the value specified by the manufac- turer as the maximum loaded weight of a combination vehicle. (3) Gross vehicle weight rating, or GVWR means the value specified by the manufacturer as a loaded weight of a single vehicle. (4) Sound level means the A-weighted sound pres- sure level measured with a fast response using an instrument complying with specifications for sound level meters of the American Na- tional Standards Institute, Inc., (ANSIS 1.4-1971 or the latest approved revision thereof) or its successor bodies, except that only A-weighting and fast dynamic response need be provided. (5) Sound level meter will mean an apparatus or instrument including a microphone, amplifi- er, attenuator, output meter and frequency weighting networks for the measurement of sound levels. (Ord. No. 81-8873, ~ 1(22-124), 8-24-81) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sec. 38-152. Prohibitions. It shall be unlawful for any person to operate, or cause to be operated, any motor vehicle within the city at any time in such manner that the total sound level emitted by the motor vehicle, includ- ing the sound of any appliance, equipment, device or accessory appurtenant to or operated in con- nection with the operation of the motor vehicle, exceeds the level set forth in section 38-151, for the speed limit zone, regardless of the actual speed of the motor vehicle or in any other manner pro- .Cross reference-Nuisances generally, Ch. 24. 2236 e e e TRAFFIC AND MOTOR VEHICLES ~ 38-157 hibited by this section. (Ord. No. 81-8873, ~ 1(22-125), 8-24-81) Sec. 38-153. Operating noise limits. (a) The maximum allowable sound level emis- sion under this article shall be as follows, when measured at a distance of fifteen (15) meters (fifty (50) feet): Sound Level in dBA Vehicle Class Speed Limit Speed Limit 30 MPH or Over 30 Less MPH Motor carrier vehicle engaged in interstate commerce of GVWR or GCWR of 10,000 Ibs or more 86 90 All other motor vehicle of GVWR or GCWR of 10,000 lbs or more 86 90 Any other motor vehicle or any combination of vehicles towed by any motor vehicle 76 82 (b) If the distance is less than fifty (50) feet, such listed noise limit will be corrected to reflect the equivalent noise limits for the actual distance. (Ord. No. 81-8873, ~ 1(22-126),8-24-81) Sec. 38-154. Adequate mufflers or sound dissipative devices. (a) It shall be unlawful for any person to oper- ate, or cause to be operated, any motor vehicle not equipped with a muffler or other sound dissipative device in good working order and in constant operation. (b) It shall be unlawful for any person to re- move or render inoperative or cause to be removed or rendered inoperative, other than for purposes of maintenance, repairs or replacement, any muf- fler sound dissipative device on a motor vehicle. (Ord. No. 81-8873, ~ 1 (22-127), 8-24-81) Sec. 38-155. Motor vehicle horns and signal- ing 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 auditory signaling device on or in any motor vehicle, except as a warning of danger; (2) The sounding of any horn, or other auditory signaling device which produces the sound level in excess of eighty-five (85) dBA at fif- teen (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 manufac- turer's gross vehicle weight rating of ten thou- sand (10,000) pounds or more or any auxiliary equipment attached thereto for a consecutive pe- riod longer than ten (10) minutes while such ve- hicle is standing and located within one hundred fifty (150) feet of property zoned and used for residential purposes 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; (2) Construction or agricultural equipment and street maintenance equipment that are on a job site or traveling on street or highways. (Ord. No. 81-8873, ~ 1(22-130), 8-24-81) [The next page is 2287] 2237 e e e Chapter 39 TREES AND SHRUBS. Art. I. In General, H 39-1-39-20 Art. II. Trimmers and Treaters, H 39-21-39-50 Div. 1. Generally, ~~ 39-21-39-30 Div. 2. License, ~~ 39-31-39-50 Art. III. Diseased Trees and Shrubs, H 39-51-39-53 ARTICLE I. IN GENERAL Sec. 39-1. Authority to regulate. The board of commissioners is hereby author- ized to regulate the planting, maintenance, treat- ment and removal of trees and shrubbery upon all streets, alleys, avenues, boulevards and park- ings within the city. (Code 1966, ~ 33-1) tree or fruit tree, standing or growing, wholly or partly, in or on any street or alley, without the consent of the abutting landowner and the board of commissioners. (Code 1966, ~ 33-3) Sec. 394. Duty to trim trees on or near streets, sidewalks. The owners, occupants or persons in charge of real estate in the city abutting upon public streets and avenues are hereby required to cause all trees growing and situated in front of such real estate but within the boundary line of the streets 0; avenues and within the curb line thereof, and all trees or branches or limbs thereof growing or sit- uated on any such real estate, which overhang any such street or avenue, to be properly trimmed in such a manner as not to interfere with public travel upon the streets and sidewalks in front or abutting upon any such property, and such trim- ming shall be done in a proper and scientific man- ner by a person familiar with the proper manner of doing such work, so as not to injure or destroy such trees. Any trees or limbs, projecting beyond the back of the curb line or the usual location thereof at a point less than twelve (12) feet above the street level, are hereby declared to be hazard- ous and to interfere with the use of the streets and avenues. Any trees or limbs projecting over any sid~walk or usually traveled pedestrian way, at a pomt less than eight (8) feet above the level of any thereof, are hereby declared to be hazard- ous and to interfere with the use of sidewalks and It shall be un.lawful for any person to cut, gir- usually traveled pedestrian way. (Code 1966 ~ dIe, destroy or m any manner injure any shade 33-4) , .C~oss ~eferences-Trimming of trees and branches for public utilities, ~ 31-10; streets sidewalks a d th bl" I 35; tnmmmg of trees for moving of buildings, ~ 35-69. ' n 0 er pu IC paces, Ch. State law reference-Trees and shrubbery, K.SA. 12-3201 et seq. Sec. 39-2. Rights of property owners over plants in parkings. The owners of property abutting on streets, al- leys, avenues and boulevards shall have such title to and property in growing trees and shrubbery in the parking in front or to the side of such real estate between the curb line and property line as to enable the owners in case of injury to or de- struction of such trees, shrubbery and parking to recover from the person causing said injury or destruction, the full damages which the abutting prope.rty in front of which they are situated may sustam by reason thereof and such abutting prop- erty owners shall all have the right of action in any court of competent jurisdiction to enjoin in- jury to or destruction of such trees, shrubbery and parking, except that no recovery or injunc- tion shall be had against the city in the making of public improvements or in any other reasonable exercise of its authority over such streets, alleys, avenues or boulevards or over the trees and shrub- bery located thereon. (Code 1966, ~ 33-22) Sec. 39-3. Injuring trees. 2287 ~ 39-5 SALINA CODE Sec. 39-5. Removal of dead trees and limbs. The owners, occupants or persons in charge of real estate abutting upon any public street or avenue in the city are hereby required to remove or, cause to be removed all dead trees or all dead limbs or branches on any trees, situated or grow- ing in front of such real estate but within the boundary line of any such street or avenue and within the curb line thereof, or any dead tree or any dead limb or branch of any tree situated or growing upon any such real estate, but overhang- ing any such street or avenue, or sufficiently near thereto to become dangerous to the public travel- ing thereon or on any sidewalk, which said dead trees or dead limbs or branches thereof are or may become dangerous and a menace to public travel upon the streets and sidewalks in front of or abutting upon and such property. (Code 1966, ~ 33-5) Sec. 39-6. Notice requiring trimming or removal. The superintendent of parks is hereby author- ized and directed, whenever in his opinion it be- comes necessary, to notify in writing the owner of any such real estate to cause the trimming of any trees as required by section 39-4, or to cause the removal of any dead trees or dead limbs or branches of any trees as required by section 39-5, whenever in his opinion the same may be necessary, or if such owner cannot be found in the city, then to notify the occupant, agent or person in charge of the property in the same manner. (Code 1966, ~ 33-6) Sec. 39-7. Failure to comply with notice. If within ten (10) days from the date of the service of the notice required by section 39-6, such owner or such occupant, agent or person in charge of such property, shall fail to comply with the provisions of such notice, such person shall be deemed guilty of a violation of this article, and the superintendent of parks shall cause a com- plaint to be filed in the municipal court and such owner, or occupant, or person in charge of the property shall be prosecuted for the violation of the provisions of this article, but failure to serve such notice shall not relieve any person from com- plying with the provisions of section 39-5, and any violator thereof shall be punished whether such notice is served or not. (Code 1966, ~ 33-7) Sec. 39-8. Criminal violations. Any person who shall violate any of the provi- sions of this article shall be deemed guilty of a misdemeanor, and for each day upon which any condition by this article prohibited is permitted to continue, after the time fixed in any notice given by the superintendent of parks, a separate offense shall be deemed to be committed. (Code 1966, ~ 33-8) Sec. 39-9. Violations declared nuisance; abatement. In addition to the other provisions of this arti- cle, any tree which is not trimmed in accordance with the provisions hereof, or any dead tree or dead branch or limb of any tree which is not removed in accordance with the provisions here- of, or any other dead tree or dead branch or limb of any tree situated on any premises in the city, which is or may become in danger of falling and injuring any person or property in the city, is hereby declared a public nuisance, and if any such tree is not properly trimmed, or any such dead tree or dead branch or limb of any tree is not removed within the time fixed in any notice given to the owner, occupant, agent or person in charge of any such premises by the superintendent of parks, as herein provided or otherwise, the nui- sance so existing shall be abated as other nuisan- ces are abated according to law, and upon a find- ing by the municipal judge in a proper action brought for such purpose that such nuisance ex- ists, such nuisance shall, if not abated and re- moved by the owner, occupant, agent or person in charge of such premises within the time (not to exceed five (5) days) to be fixed by the municipal judge, be abated and removed by the superinten- dent of parks and the cost thereof reported by him to the city clerk, and assessed against the lot or piece of land upon which the same exists, or abut- ting the street or avenue upon which the same exists, and certified by the city clerk to the county clerk and collected as other taxes are collected. (Code 1966, ~ 33-9) 2288 - e e e - e TREES AND SHRUBS ~ 39-34 Sec. 39-10. Right of city to maintain trees not affected. Nothing in this article shall be deemed to im- pair the right of the city to trim, protect or other- wise care for trees upon all public streets, ave- nues, boulevards, parks and other public grounds, and the superintendent of parks is hereby author- ized and directed, whenever it may be necessary, to perform or to cause to be performed any such work. (Code 1966, ~ 33-10) Sees. 39-11-39-20. Reserved. ARTICLE II. TRIMMERS AND TREA TERS* DIVISION 1. GENERALLY Sec. 39-21. Definitions. The following terms are for the purpose of this article defined as follows: (1) Person means any individual, partnership, association of persons or corporation who en- gage in the business or trade of trimming trees, shrubs, or treating trees or shrubs for the control of pests. (2) Pest means any fungus, insect or rodent which by its presence in or on a tree or shrub, may damage or destroy the tree or shrub. (Code 1966, ~ 33-21) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. Sec. 39-22. Exemptions. This article shall not apply to any person work- ing at his own residence or established place of business or to wage hands of the person working thereon nor shall it apply to holders of street franchises authorized to trim trees or shrubs there- in. This article shall not apply to officials or em- ployees of the federal, state, county, or city gov- ernments engaged in the performance of their official duties. (Code 1966, ~ 33-22) Sees. 39-23-39-30. Reserved. .Cross reference-Licenses generally, Ch. 20. Supp. No.7 DIVISION 2. LICENSEt Sec. 39-31. Required. No person shall engage in the business or trade of trimming trees or shrubs or treating trees or shrubs for the control of pests within the city without first having obtained a license therefor as provided in this division. (Code 1966, ~ 33-23) Sec. 39-32. Application. A written application for a license for the trim- ming of trees or shrubs or treating of trees or shrubs shall be filed with the city clerk. Such application shall meet the following requirements: (1) Name, business address, and phone number of applicant; (2) Description of the extent of work intended to be licensed; (3) Compliance with the laws of the state relat- ing to pest control operators, where applicable; (4) Filing of required bond and certificate of lia- bility insurance; (5) Payment of the required license fee. (Code 1966, ~ 33-24) Sec. 39-33. Fee. The city clerk shall collect the license fees under this division as prescribed in section 2-2. (Code 1966, ~ 33-26) Sec. 39-34. Bond and insurance. Each person who makes application for a li- cense or renewal thereof under this division shall furnish an acceptable surety bond and certificate of liability insurance covering the work in which they are engaged and upon the terms and condi- tions hereinafter set out. Such bond shall be exe- cuted by the applicant as principal and by a sol- vent corporation authorized to do business within the state as surety in the sum of five thousand dollars ($5,000.00). Such bond shall be to the city for the use and benefit of such person as may suffer by breach thereof; and shall be conditioned upon compliance by the principal, his agents, ser- tCross reference-Nuisances generally, Ch. 24. 2289 ~ 39-34 SALINA CODE vants and employees with the provisions of this article. Such certificate of insurance shall show that the applicant is covered by an effective pub- lic liability insurance policy issued by a solvent corporation authorized to do business within the state and shall be issued 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 acci- dent under the Kansas Tort Claims Act, as amend- ed. 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. (Code 1966, ~ 33-27; Ord. No. 88-9231, ~ 1, 1-25-88) Sec. 39-35. Denial or revocation. (a) The board of commissioners may at any time revoke a license or decline to grant a license under the following circumstances: (1) The licensee doing business as a pest control operator under the laws of the state has had his state license revoked; provided, the license, where applicable, shall be revoked on Iv as to the treating of trees and shrubs. - (2) The licensee shall fail to furnish an accept- able surety bond or an acceptable written certificate of public liability insurance within twenty (20) days from the date notice is re- ceived from the city, that the surety bond or insurance policy previously furnished by the licensee is to be cancelled or terminated. (3) The licensee or any employee, solicitor, agent, or representative of said licensee has made any material misrepresentations for the pur. pose 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 employed or pro. vided, or has used any method or material without respect to public health, safety and welfare in the treating of trees and shrubs. (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 Ii. Supp. No.7 censee at his address as shown by the record of the city. (Code 1966, ~ 33-28) Sec. 39-36. Transferability. A license granted hereunder shall not be trans. ferable. When there is a change in the business status of the licensee, the successor shall have sixty (60) days within which to obtain a license as provided by the terms and conditions of this divi. sion; provided, that in the event of the death of an individual. his heirs or representatives shall be allowed sixty (60) days within which to obtain a license and such additional times as may be granted by the city for cause within its discretion. (Code 1966, ~ 33-30) Sees. 39-37-39-50. Reserved. ARTICLE III. DISEASED TREES AND SHRUBS Sec. 39-51. Notice requiring cutting or removal. Whenever any competent city authority or com. petent state or federal authority, when requested by the board of commissioners, shall file with the board of commissioners a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the citv are infected or infested with or harbour any tr~e or plant disease or insect pest or larvae, the uncon. trolled presence of which may constitute a hazard to or result in damage or destruction of other trees or shrubs in the community, describing the same and where located, the board of commis- sioners shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or remove any such designated tree, tree materials or shrub within a time to be specified in such notice. In no event shall the time specified in such notice be less than three (3) days. Such notice shall be served by a duly authorized member of the city police de- partment by delivering a copy thereof to the owner or agent of such property or if the same shall be unoccupied and the owner a nonresident of the 2290 - e e e - e TREES AND SHRUBS ~ 39-53 city, then the city clerk shall notify the owner by mailing a notice to his last known address, such notice providing the said nonresident owner at least ten nO) days in which to comply with the terms of this article. (Code 1966, ~ 33-41) Sec. 39-52. Failure to comply with notice. If the owner or agent shall fail to comply with the requirements of the notice required by section 39-51, within the time specified in the notice, then the duly authorized officer of the city shall proceed to have the designated tree, tree materi- als or shrub treated or removed and report the cost thereof to the city clerk and the cost of such treatment or removal shall be paid by the owner of the property or shall be assessed and charged against the lot or parcel of ground on which the tree, tree materials or shrub was located. The city clerk is hereby authorized upon determination of the amount to be assessed to any such lot or par- cel of ground to furnish a written notice by United States mail to the last known address of the owner or agent of the amount of such assessment. The city clerk shall at the time of certifying other city taxes to the county clerk, certify the unpaid cost to be so assessed and the county clerk shall ex- tend the same on the tax roll of the county against the said lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city and such funds shall be reimbursed when payment thereof is received or when such assessments are collected and received by the city. (Code 1966, ~ 33-42) Sec. 39-53. Powers of city in case of general infection. The board of commissioners, when it appears that there is or 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 re- sulting in damage to or the death of many trees or shrubs, may provide such preventive measures or treatments as may be necessary and may pay the cost from the general fund or other proper fund. (Code 1966, ~ 33-43) Supp. No.7 [The next page is 2341] 2291 e e e VEHICLES FOR HIRE* Chapter 40 Art. I. In General, ~~ 40-1-40-15 Art. II. Freight Vehicles, n 40-16-40-45 Div. 1. Generally, ~~ 40-16-40-25 Div. 2. License, ~~ 40-26-40-45 Art. III. Taxicabs, ~~ 40-46-40-117 Div. 1. Generally, ~~ 40-46-40-80 Div. 2. Business License, ~* 40-81-40-105 Div. 3. Driver's License, ~~ 40-106-40-117 ARTICLE I. IN GENERAL Sec. 40-1. Disposition of articles left in vehicles. Whenever any package or article of baggage or goods or merchandise of any kind shall be left by the owner in or on any vehicle licensed under this chapter, or when such package or article shall be left in the custody of the driver of any such vehi- cle, such driver shall, upon the discovery of such package or article, forthwith deliver the same to the police headquarters, unless such package or article shall be sooner delivered to the owner thereof. (Code 1966, ~ 34-1) Sec. 40-2. Smoking, lighting matches, lighters on buses. It shall be unlawful for any person to ignite a match, lighter or smoke a cigarette, a cigar, a pipe or any other item or thing on any bus. A bus for the purpose of this section is any motor vehi- cle authorized under franchise granted by the city which is propelled by motor power and which is used to convey passengers for hire over or on the streets of the city, and which has a capacity of ten (10) or more persons. (Code 1966, ~ 34-5) Cross references-Fire prevention and protection, Ch. 14; health and sanitation, Ch. 17. Sees. 40-3-40-15. Reserved. ARTICLE II. FREIGHT VEHICLES DIVISION 1. GENERALLY Sec. 40-16. Exemption. The provisions of this article shall not apply to vehicles kept and used solely in the operation of a retail business, or to merchants using their own wagons or vehicles for the delivery of goods sold by them in the ordinary course of their business in the city. (Code 1966, ~ 34-20) . Sec. 40-17. Violations. It shall be unlawful for any person to do any of the things prohibited, or to fail to do any of the things commanded to be done in this article; and any person who shall drive, propel or run any of the vehicles named in this article used for car- riage of goods or merchandise for pay without first procuring a license therefore, as in this arti- cle provided, or who shall violate any of the pro- visions of this article for which a penalty is not otherwise prescribed, shall be deemed guilty of a misdemeanor. (Code 1966, ~ 34-28) Sees. 40-18-40-25. Reserved. .Cross references-Streets, sidewalks and other public places, Ch. 35; traffic and motor vehicles, Ch. 38. 2341 ~ 40-26 SALINA CODE DIVISION 2. LICENSE* Sec. 40-26. Required. It shall be unlawful for any person to run, use or drive upon the public streets and thorough- fares of the city any coach, automobile, transfer wagon, express wagon, dray or wagon or vehicle of any kind or description used for carrying, con- veying or transporting of baggage, goods, wares or merchandise within the city for pay, without first having and procuring a license therefor, as in this division provided. (Code 1966, ~ 34-19) Sec. 40-27. Fee. The license fee for any vehicle used in the city in the business of transporting for hire therein any goods, wares, merchandise, baggage, parcels, furniture or other thing or property of any kind or nature whatsoever shall be as prescribed in section 2-2. (Code 1966, ~ 34-22) Sec. 40-28. Issuance, contents of license. The license provided for in this division shall be issued by the city clerk with the corporate seal of the city affixed thereto, and shall recite the number of the license, the name of the person to whom issued, the amount paid for such license and a description of the vehicle licensed. (Code 1966, ~ 34-21) Sec. 40-29. Display. (a) The license shall be displayed in the cab of the vehicle for which such license fee was paid. (b) It shall be unlawful for any person to dis- play in any vehicle any license issued by the city clerk upon the payment of the license fee for any other vehicle. (c) If any license issued for one vehicle for hire is used upon any other vehicle, the license cover- ing the vehicle for which such license was issued shall be revoked and no license shall thereafter during the same year be issued for such vehicle, and it shall be unlawful to drive or operate any such vehicle on the streets of the city for hire .Cross reference-Licenses generally, Ch. 20. after any such license is revoked and before a new license is issued therefor. (Code 1966, ~~ 34-2-34-4) Sec. 40-30. Revocation. All licenses required by 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, ~ 34-27) Sees. 40-31-40-45. Reserved. ARTICLE III. TAXICABS DIVISION 1. GENERALLY Sec. 40-46. Definitions. Whenever used in this article, the following terms shall be respectively defined as follows: (1) Street shall mean and include every public street, alley, avenue, road, highway, thorough- fare or public place in the city. (2) Taxicab shall include any and all motor ve- hicles carrying passengers for hire for which a charge is made and for which public pa- tronage is solicited; provided, that motor buses operating under a franchise from the city or operating under authority and jurisdiction of the state corporation commission shall not be termed taxicabs within the meaning hereof. (3) Taximeter shall mean and include a mechan- ical device affixed to taxicabs and designed to measure the distance driven and calculate the charge therefor, which is so installed that the figures or fares as stamped by the ma- chine may be given to the passenger as a receipt. Such term shall be deemed to include a mechanism for the accurate measurement of time and distance and the timing device shall correctly tabulate and calculate the charge for waiting time. (Code 1966, ~ 34-39) Cross reference-Definitions and rules of construction gen- erally, ~ 1-2. 2342 e e e VEHICLES FOR HIRE Sec. 4047. Scope of tenns "owner," "operator." Wherever in this article the owner or operator of a taxicab is referred to, such term or terms shall apply to the agent, officer, manager or mem- bers of any corporation, firm, partnership or asso- ciation owning or operating any such taxicab and any such agent, officer, manager or member of any such corporation, firm, partnership or associ- ation shall be subject to any and all of the penal- ties provided for the violation of any of the terms hereof by any such owner or operator. (Code 1966, ~ 34-40) Sec. 40-48. Exemption for vehicles used at funerals, weddings. The provisions of this article shall not include any passenger vehicle for hire while being used for service at funerals or weddings. (Code 1966, ~ 34-41) Sec. 40-49. Driving unlicensed, improperly li- censed vehicle. It shall be unlawful for any person to use, drive or operate either as owner, operator or driver, any taxicab within the city which shall not have been duly licensed, or which is not being operated by the owner and/or operator to whom the license for such vehicle was issued or on which any li- cense has been cancelled or revoked, or which has ceased to be operated by the owner or operator named in the license or in the duly approved transfer thereof. (Code 1966, ~ 34-50) Sec. 40-50. Operating unfit vehicle. It shall be unlawful for any person either as owner, operator or driver to drive, operate or use on the streets of the city any taxicab which is not in good sound, safe and fit condition mechanically and otherwise, including brakes, lights and other equipment, or which is in any manner defective, unsafe or unfit for use. (Code 1966, ~ 34-60) Sec. 40-51. Requirements for vehicles. No taxicab shall be licensed unless it shall meet the following specifications and requirements: (1) Frames for cards; manner of posting. Every taxicab shall be equipped with a frame for ~ 40-52 the proper display of the owner's fare rate card and the owner's and driver's identifica- tion cards, as required by this article and the laws of the state. Such cards shall be so placed that they can be plainly seen by the passen- gers riding in such taxicab. The fare rate card shall state clearly the rates offare to be charged. If the fare to be charged is upon a mileage basis, it shall so state and shall give the schedule of rates; if the fare to be charged is based upon the carrying of passengers within certain locations bounded by streets, it shall so state, and shall state the rate to be charged for the carrying of passengers through each district. The type used for the printing of the names and the rates of fare shall be of suffi- cient size and shall be so illuminated at night that it can be clearly read at a distance of three (3) feet. (2) Knobs or handles of doors. Every taxicab shall have a knob or handle upon the inside of all doors thereof by which doors may be easily opened from the inside. (3) Name and number on outside of cab. Every taxicab that is authorized and licensed to op- erate in the city shall be assigned a number by the city clerk and it shall be unlawful to operate a taxicab within the city unless said number is printed on a door on each side, on the windshield and on the rear of the taxicab, in plainly visible numerals at least three (3) inches in height. Each taxicab shall have painted thereon on each side the name or names of the persons or company owning and operat- ing the same; the letters constituting such names shall be block letters and at least two (2) inches in height. (Code 1966, ~ 34-62) Sec. 40-52. Appointment of manager required; name to be filed. Two (2) or more owners or operators of taxicabs associated together in any partnership, associa- tion or joint enterprise or doing business under a joint or common name or from the same office or headquarters and every corporation owning and/or operating taxicabs within the city shall elect or appoint some one individual as manager of such partnership, association, joint enterprise or cor- 2343 ~ 40-52 SALINA CODE poration who shall be responsible for the opera- tion of all taxicabs and automobiles for hire of such partnership, association, joint enterprise or corporation in the city. The name of such man- ager shall be immediately reported to the city clerk and to the chief of police. No such partner- ship, association, joint enterprise or corporation shall hereafter operate or be licensed to operate any taxicab or automobile for hire upon the streets of the city without first having placed on file with the city clerk and the chief of police the name of such manager. (Code 1966, ~ 34-63) Sec. 40-53. Arrangements considered single firm or owner. Two (2) or more owners or operators of taxicabs associated together in any partnership or joint enterprise or doing business under a joint or com- mon name or from the same offices or headquar- ters shall for the purposes of this article be deemed and considered to be a single firm or owner. (Code 1966, ~ 34-64) Sec. 40-54. Cruising, soliciting passengers prohibited. No owner, operator or driver of any taxicab shall solicit passengers on or adjacent to the streets of the city or cruise on or over the street of the city for the purpose of looking for or soliciting passengers or pick up any passenger on or adja- cent to the streets of the city except in response to a call from such passenger to the place of busi- ness or the station of such taxicab, unless such passenger shall hail such taxicab and specifically request its services without solicitation from the driver thereof. (Code 1966, ~ 34-65) Sec. 40-55. Telephones prohibited on streets. No owner, operator or driver of any taxicab shall maintain at any place within the limits of any public street in the city any telephone for the purpose of placing or receiving taxicab calls. (Code 1966, ~ 34-66) Sec. 40-56. Taximeter required. No license shall be issued for a taxicab unless the same is equipped with an accurate and work- ing taximeter mechanism so as to measure dis- tance of transportation and dock mechanism to measure passage of time. (Code 1966, ~ 34-67) Sec. 40-57. Rates to be iIled with city clerk and posted in cabs. The rates of fare of taxicabs operating under license from the city must be kept on file with the city clerk at all times and must be posted in a conspicuous place within each cab. No change of fares shall become effective until such schedule of fares has been on file with the city clerk for a period of fifteen (15) days. (Code 1966, ~ 34-68) Sec. 40-58. Intermediate pickup of passengers. No intermediate pickups shall be made without the consent of the passengers then in the taxicab. In the event of intermediate pickups the first passen- ger in shall be the first delivered and shall pay the accumulated fare on deliver, thereupon the taximeter shall be started at the minimum fare and the next delivered passenger or passengers shall pay the then accumulated fare and so on until all deliveries are affected. (Code 1966, ~ 34-69) Sec. 40-59. Violation of fares. Any charge made to a passenger at a rate other than that fixed in this article shall be deemed a separate violation. (Code 1966, ~ 34-70) Sec. 40-60. Requirements for taximeters. Whenever any taxicab shall have affixed thereto a taximeter, such taximeter shall be of a size and design approved by the city clerk; shall be set to conform to the rates provided for in this article and as posted and filed by the owner of such cab; and shall be in proper mechanical condition and in operation at all times, and shall at the conclu- sion of each trip discharge a printed slip showing the distance traveled and the fare, which shall be given to the passenger paying such fare. (Code 1966, ~ 34-71) 2344 e e e VEHICLES FOR HIRE Sec. 40-61. Using incorrect, unapproved taximeter; connection to drive wheel prohibited. No person shall use or permit to be used upon any taxicab a taximeter or other registering meter which shall be in such condition as to be over five (5) percent incorrect to the prejudice of any pas- senger or which shall be operated from any wheel to which the power is applied, or which has not been duly inspected and approved. (Code 1966, ~ 34-72) Sec. 40-62. Taximeters, speedometers to be lighted. After sundown, the face of every taximeter or other registering meter shall be illuminated by a suitable light so arranged as to throw continuous steady light thereon. (Code 1966, ~ 34-73) Sec. 40-63. Maintenance of meters. It shall be unlawful for any person to use or permit to be used or driven for hire a taxicab equipped with a taximeter, the case of which is unsettled and not having its covers and gears intact, or a taxicab without a taximeter whose registering meter has not been examined and ap- proved and which is not at all times in good work- ing condition, or any taxicab, the use of which has not been duly licensed. (Code 1966, ~ 34-74) Sec. 40-64. Taximeter signals. It shall be unlawful for any driver of a taxicab equipped with a taximeter while carrying passen- gers or under employment to display the signal affixed to such taximeter is such position as to denote that he is unemployed. While carrying passengers the signal must be in such position that the taximeter will record the distance trav- eled and the fare. (Code 1966, ~ 34-75) Sec. 4().65. Charging for certain time prohibited. No charge shall be made for the time consumed in response to a call or in returning to the place from which a taxicab has been called, whether the taxicab is equipped with a meter or not. (Code 1966, ~ 34-76) ~ 40-68 Sec. 40-66. Inspection, testing of meters. It shall be the duty of the person designated by the city manager to examine, inspect and seal, at least every six (6) months, all taximeters or other registering meters used on any taxicabs in the city; provided, that in the event complaint is made to the inspector that any taximeter registers improp- erly or inaccurately or at any time that he deems it necessary, it shall be the duty of the inspector to immediately examine said taximeter or other registering meter, and in case it does not properly and accurately measure the distance traveled and register the amount of fare, in the case of a taxi- meter, to be determined and charged therefor, then in that event, it shall be unlawful for the owner or person in charge of such taxicab to per- mit its use until such taxicab is equipped with a taximeter or other registering meter approved by the inspector. For every meter inspection made by the inspector, as provided for in this article, there shall be paid to the inspector a fee of fifty cents ($0.50) by the owner or operator of such taxicab; provided, however, that in case the in- spection is made upon complaint as herein pro- vided and such taximeter or other registering meter is found to be correct, the inspection fee shall be paid by the person making the complaint and not by the owner or operator of such taxicab. (Code 1966, ~ 34-77) Sec. 40-67. Refusing to pay fare. It shall be unlawful for any person to refuse to pay the legal fare for a taxicab, as prescribed in this article, after having hire the same, and any person who shall hire any taxicab with the inten- tion of defrauding the person from whom the same is hired shall be guilty of a misdemeanor. (Code 1966, ~ 34-78) Sec. 40-68. Number of passengers. It shall be unlawful for the owner, operator or driver of any taxicab to carry or to cause, permit or direct to be carried more passengers in any cab at anyone time than the regular seating capacity provided for, and in no event more than five (5). Not more than one passenger shall be carried in the front seat of such cab. (Code 1966, ~ 34-79) 2345 ~ 40-69 SALINA CODE Sec. 40-69. Using, permitting use for immoral purposes. It shall be unlawful for any person owning, operating, driving or maintaining any taxicab, automobile, or other vehicle or conveyance, to use or permit the same to be used for the transporta- tion, carrying or conveying, within the city, of any persons to any place for the purpose of engag- ing in illicit or unlawful sexual intercourse, whether such sexual intercourse actually takes place within or without the limits of the city, or permits or allows any persons to engage in illicit or unlaw- ful sexual intercourse in or on such taxicab, au- tomobile or other vehicle or conveyance, or any part thereof. (Code 1966, S 34-80) Sec. 40-70. Using to transport liquor, for other illegal purpose. It shall be unlawful for any person to drive, operate or use any taxicab for transporting liquor from any place within the city to any place within or without the city or from any place without the city to any place therein, or for any other unlaw- ful purpose. (Code 1966, S 34-81) Cross reference-Alcoholic beverages generally, Ch. 5. Sec. 40-71. Pool cab service. (a) Who may operate. Any person who has been duly authorized and licensed to operate a taxicab under the provisions of this article is hereby au- thorized to operate and provide pool cab service within the city. (b) Pool cab service defined. For the purpose of this section, pool cab service is defined as a con- veyance for hire of three (3) or more persons who are picked up from one area of the city and are delivered to another area within the city. (c) Rate of fare. The rate of fare for pool cab service shall be as provided in section 40-57. (d) Availability of service. Pool cab service shall be available in all areas within the city limits, except the Salina Municipal Airport, Salina Air- port Industrial Center and Schilling Manor. (e) Provisions applicable to service. All provi- sions of this article relating to license require- ments for vehicles, inspection of vehicles, licens- ing of drivers, insurance requirements and suspension of licenses shall be applicable to persons operat- ing pool cab service. (Code 1966, S 34-82) Sees. 40-72-40-80. Reserved. DIVISION 2. BUSINESS LICENSE* Sec. 40-81. Required. It shall be unlawful for any person, either act- ing as owner, principal, agent, employee, lessee or licensee to operate or permit to be operated upon the streets of the city any taxicab without first having procured a license therefor as pro- vided in this division. (Code 1966, S 34-43) Sec. 40-82. Application. Any person desiring to secure a license for the operation of a taxicab within the city shall file with the city clerk a written application contain- ing the following information: (1) The full name and address of the owner and operator; (2) Make, motor and type of vehicle; (3) Seating capacity (including driver); (4) Motor and serial number and state license number of the vehicle; (5) Principal place of business, office address and name, and night and day telephone numbers, of the manager in charge of operation of such taxicab, and if the owner or operator is a corporation, the name of officers and direc- tors of such corporation, and if a partnership, the name of all partners; (6) Name of insurance carrier carrying the lia- bility insurance on such taxicabs as required in this article and the number and date of issuance and date of expiration of such poli- cy, and such other information, statements and agreements as may be required on a printed form furnished by the city clerk for such pur- pose; and (7) The character and type of taximeter. (Code 1966, ~ 34-44) *Cross reference-Licenses generally, Ch. 20. 2346 e e e - e VEHICLES FOR HIRE Sec. 40-83. Residence required of licensee. No person shall be eligible for a license under this division until he has resided in the city for four (4) months. (Code 1966, ~ 34-45) Sec. 40-84. Title certificate required. The application for a license under this division shall be accompanied by the title certificate is- sued by the state showing ownership of such ve- hicle, which certificate shall be left with the city clerk while any license issued on such application is in effect. (Code 1966, ~ 34-46) Sec. 40-85. Vehicle covered by license. Any license for the operation of a taxicab shall apply to and cover only the specific vehicle de- scribed in the application therefor until on applica- tion duly made by the same owner and operator the right to transfer such license to another vehi- cle is granted by the board of commissioners. (Code 1966, * 34-47) Sec. 40-86. Signing of application, identifica- tion of interested parties. Every application for a license under this divi- sion shall be signed by the owner of the vehicle described in the application and by any other person in any manner interested in the direction, operation or control thereof and under whose name it is to be operated, and such additional persons shall be described in such application and in any license issued pursuant thereto as the operator. (Code 1966, ~ 34-48) Sec. 40-87. Approval of application. The applicant for any license under this divi- sion shall at the time the application is filed with the city clerk, pay to the city clerk the fee for such license as provided for by this division and the city clerk shall thereupon after inspection and approval of such vehicle present such appli- cation to the board of commissioners at the next regular meeting of such board. The board of com- missioners shall if they consider that the public convenience and necessity require the licensing of such taxicab, in addition to any other taxicabs which may at that time be operating under li- Supp. No.6 ~ 40-88 censes issued by the city, and if they deem the applicant therefor to be of good moral character and that such applicant or any person employed by him will operate the taxicab for which a li- cense is desired properly and for the best interest of the public and that they will conform to and obey the ordinances of the city relative to the operation of taxicabs and all other ordinances of the city, grant a license to such applicant cover- ing the taxicab described in his application and direct the city clerk to issue such license; provid- ed, that the board of commissioners shall not ap- prove or have in effect at anyone time licenses for taxicabs in a number in excess of the number which the board of commissioners may deem nec- essary for the best interests and convenience of the inhabitants of the city or the general public, or in such number that the owners and operators of the licensed taxicabs and their employees might, in the opinion of the board of commissioners, be apt to engage in practices which would be detri- mental to the best interest of the city and its inhabitants and the general public, and shall re- ject and deny any application in the event that they consider that the granting of such license would increase the number of taxicabs licensed to operate in the city beyond the number necessary for the best interests and convenience of the in- habitants of the city and the general public, or if for any other reason they deem that the granting of such license would be detrimental to the public interest. (Code 1966, ~ 34-51) Sec. 40-88. Insurance required. It shall be unlawful for any person to operate a taxicab for hire or to permit the same to be oper- ated in the city and no license for the operation thereof shall be granted by the board of commis- sioners until the applicant for a license shall de- posit with the city clerk a policy of public liability insurance issued to and covering such applicant and the taxicab described in his application, in such form as shall be acceptable to and approved by the board of commissioners, and issued by an insurance company or association approved by the board, with limits of liability, exclusive of interest and costs, of no less than those required by Kansas law for any policy of motor vehicle liability insurance issued by an insurer to an owner 2347 ~ 40-88 SALINA CODE residing in this state. Any such insurance policy shall have incorporated therein, or attached thereto by endorsement thereon, recitals to the effect that the policy is issued in accordance with and under the requirements of this article pertaining thereto and that it is issued for the benefit of and for the purpose of protecting the public, including pas- sengers therein, against injuries or damages re- sulting from the negligent operation of the taxi- cab and that it shall remain effective until cancelled as herein provided for, irrespective of any state- ments, declarations, misrepresentations, acts or omissions of the assured or of any agent, servant, employee, or representative of assured either in the application for the policy or in the schedule of statements or declarations contained or referred to in the policy, including statements as to own- ership, or made, committed or omitted before or after the occurrence of any injury or damages caused by the operation of such vehicle, and shall provide that no cancellation of the policy or any endorsement thereon shall be effective until the expiration of ten (10) days after notice of such cancellation shall have been delivered to the City Clerk, and such other recitals as may be approved by and required by the board of commissioners, and any policy or certificate of insurance issued by any company or association with knowledge that the vehicle described therein is to be used as a taxicab in the city shall be deemed to include the provisions of this article whether such provi- sions are specifically recited therein or not. (Code 1966, ~ 34-52; Ord. No. 87-9182, ~ 1,5-4-87) Sec. 40-89. Inspection of vehicles; maintenance; revocation, suspension of license of unfit vehicles. When an application for a taxicab license or for the transfer of a license from one vehicle to an- other is filed with the city clerk, he shall refer the same to the city manager, who shall designate some responsible person to examine such vehicle as to its' physical and mechanical condition, in- cluding its brakes, lights and other equipment and its registering meter, if any, and to certify to the board of commissioners his approval or rejec- tion of such taxicabs, and no application for a license shall be approved by the board of commis- sioners and no license shall be issued by the city Supp. No.6 clerk until the condition of such vehicle has been approved and certified by the city manager. The decision of the city manager with reference to such condition shall be final and conclusive, ex- cept that the board of commissioners may, if they deem it proper and necessary, direct the issuing of a license for any taxicab which may be rejected by the city manager and the board may also at any time inquire with reference to the condition of any taxicabs and may at any time revoke the license of such taxicab if, in the opinion of such board, its physical and mechanical condition rend- ers it unfit for use as a taxicab. In addition to the inspection required for the issuing of a license, it shall be the duty of the operator of every licensed taxicab to have each taxicab examined by the party designated by the city manager at least once each six (6) months from the date of the original inspection, oftener if necessary, as to its physical and mechanical condition and the city manager is hereby empowered to suspend the li- cense of such taxicab until the owner or operator of such taxicab shall have repaired the same or restored such taxicab to such physical and me- chanical condition as shall meet the approval of the city manager and it shall be the duty of the city manager upon the suspension of any such taxicab license by him, to report such suspension of the license to the city clerk and to the chief of police and no owner, operator or driver of any taxicab, the license for which has been so sus- pended by the city manager, shall allow or permit such taxicab to be used until the same shall be reinspected and approved by the city manager. (Code 1966, ~ 34-53) Sec. 40-90. Inspection fee. Before the issuance of any taxicab license, the applicant for a license shall pay the actual cost incurred by the city in securing such inspection if done by a private concern of the sum as prescribed in section 2-2 if such examination is performed by an employee of the city, which shall be paid by him into the city treasury and no license shall be issued or transferred from one vehicle to another until such inspection fee is paid, or if inspection is required for a vehicle already licensed, such li- cense shall be revoked upon the failure of the licensee to pay such fee. (Code 1966, ~ 34-54) 2348 e e e VEHICLES FOR HIRE Sec. 40-91. Issuance. After the application for any taxicab license has been filed with the city clerk and the condi- tion of the vehicle described therein inspected and approved and the insurance covering such vehicle approved by the board of commissioners and after the license fee provided for herein has been paid to the city clerk and the application for license approved by the board of commissioners, the city clerk shall issue a license for the owner- ship of such taxicab which shall contain the name of the licensee including both owner and operator and a description of the vehicle licensed and be- fore any such license is delivered to the licensee it shall be endorsed thereon in the presence of the city clerk with the signature of the owner and operator named in such license. (Code 1966, ~ 34-55) Sec. 40-92. License register required. The clerk shall keep a register of all licenses issued by him under this division showing the name of the owner and operator to whom the license is issued, the description of the vehicle including motor and serial number, the name of any person to whom any assignment and transfer of any license or of any licensed vehicle is made, the date when issued or transferred, the amount paid for such license, the date of its expiration, the name of the insurance carrier with the num- ber and date of expiration. (Code 1966, ~ 34-56) Sec. 40-93. Vehicle, driver's license to be posted; inspection; signature required for identification. The license issued by the city clerk for the op- eration of any taxicab and also the driver's li- cense issued by the city to the driver thereof, or identification cards issued by the city clerk, shall at all times, while the taxicab is being used or maintained or offered for use for hire to the pub- lic, be kept in a conspicuous place in the taxicab itself, and shall be subject to inspection at any time by any officer of the city. The owner and driver thereof shall also upon demand furnish to the officer inspecting the taxicab his signature made in the presence of such officer for the pur- pose of identification. (Code 1966, ~ 34-61) ~ 40-105 Sec. 40-94. Transfer. No license issued for the operation of any taxi- cab shall be assigned or transferred to any other person as owner or operator except upon applica- tion for such transfer made to and granted by the board of commissioners. (Code 1966, ~ 34-49) Sec. 40-95. Fee. A license issued under this division shall be as prescribed in section 2-2. (Code 1966, ~ 34-57) Sec. 40-96. Revocation. (a) 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 and the board may also revoke such license for any cause which the board deems constitutes reasonable grounds for such revocation and also for such causes as are otherwise in this article provided for. (b) If the operator of a taxicab violates any pro- visions of this article, the license for the opera- tion of the same shall be suspended by the chief of police for a period of ten (10) days. If the owner desires to appeal, he may appeal within such time to the board of commissioners by filing a notice of intent to do so with the chief of police and by filing a copy thereof with the city clerk, and there- upon the appeal shall be heard at the next suc- ceeding meeting of the board of commissioners. At such hearing the board of commissioners may reinstate any such license or may permanently revoke the same. If no appeal is effected from the suspension herein provided for by the chief of police, thereupon the suspension shall be deemed to be a revocation for the remainder of the license term. In the event of revocation resulting from a suspension as aforesaid or revocation by the board of commissioners, thereupon the taxicab shall not be relicensed at any time within a period of two (2) years from the effective date of the revocation. (Code 1966, ~~ 34-58,34-59) Sees. 40-97-40-105. Reserved. 2349 ~ 40-106 SALINA CODE DIVISION 2. DRIVER'S LlCENSE* Sec. 40-106. 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 division. (Code 1966, S 34-87) Sec. 40-107. Application. Taxicab drivers' licenses shall be applied for in writing on such forms as the city clerk may pre- scribe, and such application shall include: (1) The name, age, sex, weight, height, color of eyes and hair of applicant, his residence address and length of residence in the city; (2) Whether or not the applicant has previously been licensed as a chauffeur or taxicab driv- er, and if so, when and by what city or state, and whether such license has been revoked or suspended, and if so, the date of such revocation and suspension; (3) The number of times and places arrested, and/or convicted for traffic violations; (4) The experience the applicant has had in driving motor vehicles; (5) The name of the person by whom the ap- plicant is employed and the name and ad- dress of the employer during the preceding two (2) years and the kind of employment; (6) Whether or not the applicant has even been convicted of a felony or misdemeanor, giv- ing particulars of each such conviction; (7) Each applicant shall furnish four (4) recent photographs of himself, not less than two and one-half (2%) inches by three (3) inches and not more than two and one-half (21/2) inches by three and one-fourth (31,4) inches and submit to fingerprinting by the police department. One of such photographs shall be attached to the copy of the application filed in the police department, one shall be attached to the application filed with the city clerk, one shall be attached to the li- *Cross reference-Licenses generally, Ch. 20. cense issued to such driver and one to the identification card hereinafter provided for, which shall be conspicuously displayed in any taxicab being driven by such person; (8) A statement that the applicant is in good health; (9) The applicant must name three (3) reputa- ble persons who have known him for one year or more immediately prior to such ap- plication. Such persons given as reference must be residents of the city. Such applica- tion shall be made in duplicate and both copies shall be referred by the city clerk to the chief of police. The chief of police shall endorse his report and recommendation on both copies, one of which shall be returned by him to the city clerk and one retained in the files of the police department, together with the fingerprints of the applicant. (Code 1966, S 34-88) Sec. 40-108. Fee. Each application for a license under this divi- sion shall be accompanied by the payment of an examination and license fee as prescribed in sec- tion 2-2, and in the event the applicant is refused a license such fee shall be returned to the appli- cant by the city. (Code 1966, S 34-89) Sec. 40-109. Age, residence of applicant. Every applicant for a taxicab driver's license must have resided within the state for a period of one (1) year and have been a bona fide resident of the county for at least ninety (90) days next preced- ing the filing of such application. (Code 1966, S 34-90) Sec. 40-110. Investigation, report on criminal 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 he may have reason to be- lieve the applicant has a record, and shall report to the city manager all information secured from 2350 e e e VEHICLES FOR HIRE such investigation relative to the applicant's rec- ord in any court. (Code 1966, ~ 34-91) Sec. 40-111. Licensing of person with crimi- nal record. The city manager shall not approve the issu- ance of a license to any person who has been convicted of the violation of any of the criminal laws of the state or has been convicted of a felony in any other state or has been convicted of violat- ing any of the ordinances of the city involving moral turpitude; provided, that the chief of police may in any case where more than three (3) years has elapsed since any such person has been con- victed of any offense herein described, and where he believes the general reputation and integrity and responsibility of the applicant during such times is such that such applicant would at the time of the application be a fit person for such occupation, recommend to the city manager that a license be granted. (Code 1966, ~ 34-92) Sec. 40-112. Examination, report on traffic law knowledge, city geography, ability to drive. The chief of police shall also cause the appli- cant for a driver's license to be examined as to his knowledge of the provisions of this Code and the ordinances of the city relating to traffic, as well as geography of the city, and ifthe applicant fails to show a reasonable knowledge of such matters, he shall be refused a license. Each applicant must, if required by the police department, demonstrate his skill and ability to safely handle an automo- bile by driving it through a crowded section of the city, accompanied by a member of the police de- partment. If the applicant is found to be a fit and proper person to operate and drive a taxicab by the chief of police, he may recommend to the city manager that a license be granted. (Code 1966, ~ 34-93) Sec. 4(}.113. Approval of application; issuance. The city manager shall consider the applica- tion for a taxicab driver's license and the report and recommendation of the chief of police and any other information which may come to him concerning the applicant, and if the city manager ~ 40-115 is satisfied that the general reputation for integ- rity and responsibility of the applicant is such as to render such applicant fit for such occupation he may approve the application and direct the city clerk to issue the applicant a license. (Code 1966, ~ 34-94) Sec. 40-114. Identification badge required. (a) At the time the driver's license is issued, a driver's license identification badge shall also be issued. Such badge shall be of a form prescribed by the city clerk. The driver's license number, badge number and the expiration date of the li- cense shall also be shown thereon. (b) The driver's license identification badge shall be conspicuously displayed, and the only driver's license identification badge displayed shall be the one belonging to the driver who is on duty at that time. No driver shall operate a taxicab and livery car unless he shall have his identification badge displayed. The driver shall be responsible for keep- ing the badge in good condition. (c) In case of loss of a license identification badge the owner may file with the city clerk a sworn statement of the facts concerning such loss, and if the city clerk is satisfied that the facts justify the issuance of a replacement badge, he shall on the payment of a fee of fifty cents ($0.50) issue a duplicate badge. Such duplicate badge shall be plainly marked "duplicate" and the number of the original badge shall be furnished to the police department, as well as the number of the dupli- cate badge. (Code 1966, ~~ 34-98, 34-99, 34-101) Sec. 40-115. Renewal. Prior to the expiration of any license under this division, the driver may file an application for renewal and may obtain a new license upon the payment of a fee as prescribed in section 2-2 if such renewal application is filed on or before De- cember twentieth of the year in which the exist- ing license expires, and in such event, no new license application shall be required; provided, that before any renewal is issued, the applicant must secure approval of the chief of police in the same manner and upon the same requirements as provided for in sections 40-109-40-112, and new 2351 ~ 40-115 SALINA CODE photographs shall be furnished, if, in the opinion of the chief of police, they are necessary for proper identification. (Code 1966, ~ 34-96) Sec. 40-116. Revocation or suspension. (a) A taxicab driver's license shall be revoked by the chief of police for any of the following reasons: (1) Upon conviction of violation of any federal or state law; (2) For operating any vehicle while intoxicated; (3) For leaving the scene of an accident; (4) For failure to make full report of an acci- dent to the police department; (5) For permitting any other person to use his license; (6) For obliterating any official entry on his license identification badge; (7) Upon conviction of a third major traffic vi- olation during anyone license year. A major traffic violation is hereby defined to be: a. Speeding; b. Reckless driving; c. Nonobservance of lights or signs; d. Driving while drunk; e. Improper brakes; f. Making a left or U-turn where not permitted; g. Driving on the wrong side of the street. (8) For violation of or failure to comply with any of the provisions of this article and the amendments and supplements thereto. (b) A taxicab driver's license may be suspended by the chief of police for a period of not exceeding ninety (90) days for any of the following reasons: (1) First and second offenses of any major traffic violation; (2) Repeated infractions of minor traffic laws or rules. (c) If the operator of any taxicab violates any provisions of this article, the taxicab driver's li- cense shall be suspended by the chief of police for a period of ten (10) days. If the driver desires to appeal, he may appeal with such time to the board of commissioners by filing a notice of intent to do so with the chief of police and by filing a copy thereof with the city clerk, and thereupon the appeal shall be heard at the next succeeding meet- ing of the board of commissioners. At such hear- ing the board of commissioners may reinstate any such license or licenses or may permanently re- voke the same. In the event no appeal is effected from the suspension herein provided for by the chief of police, thereupon the suspension shall be deemed to be a revocation for the remainder of the license term. In the event of revocation re- sulting from a suspension as aforesaid or revoca- tion by the board of commissioners, thereupon the person, whose driver's license is revoked in any of the manners aforesaid or the taxicab, shall not be relicensed at any time within a period of two (2) years from the effective date of the revoca- tion (Code 1966, ~~ 34-59, 34-102, 34-103) Sec. 40-117. License to be taken up; report of revocation, suspension. Whenever a taxicab driver's license is revoked or suspended, the chief of police shall take up the driver's license and license identification badge and forward the same to the city clerk's office, together with a full report of the reasons for such revocation or suspension. (Code 1966, ~ 34-104) [The next page is 2403] 2352 e WATER AND SEWERS. Chapter 41 e Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. Art. VIII. Art. IX. e e e In General, It 41-1-41-19 Water, It 41.20-41.70 Div. 1. Generally, ~~ 41-20-41-50 Div. 2. Water Conservation, ~~ 41-51-41-70 Sewers, U 41-71-41-85 Rates and Charges, It 41-86-41-109 Use of Public and Private Sewers and Drains, It 41-110-41-124 Installation and Connection of Building Sewers and Drains, It 41-125-41-144 Discharge Criteria, ~~ 41-145-41-170 Penalties and Violations, It 41-171-41-180 Industrial Pretreatment, It 41-181-41-219 ARTICLE I. IN GENERAL Sec. 41.1. Systems combined. 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, including 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 consump- tion of water and from the management and opera- tion 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 de- partment 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 distribut- ing water and providing sewer service and repair- ing and maintaining the water and sewer sys- tems and equipment, and such other items as shall be necessary for the intelligent management of the water and sewerage department. (Code 1966, ~ 35-4) Sec. 41-4. Petty cash fund. (a) There is hereby established a petty cash fund in the sum of two thousand five hundred dollars ($2,500.00) for the use of the water and sewerage department for the purpose of paying postage, freight, temporary labor, and other emer- gency expenses, including refund of deposits made to secure payment of accounts. (b) The petty cash fund shall be deposited in the designated city depository bank as a separate -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. 30; solid waste, Ch. 34; streets, sidewalks and other public places, Ch. 35; subdivision regulations, Ch. 36; sewer and water facilities regulated by zoning ordinance, t 42-62; special fund for paying utility costs, App. A, Charter Ord. No. 17; franchises, App. B. Supp. No.3 2403 ~ 41-4 SALINA CODE 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 servicE:s 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 lbecomes low or depleted, the cashier shallprEU>are vouchers covering such expenses as have been paid from the petty cash fund, and .shaIl:submit such vouch- ers together with the paid checks to the city clerk for audit, and allowance of the amount from the contributing funds. Warrants issued therefor shall by 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) State law reference-Authority to create petty cash fund, K.S.A. 12-B25a. Sec. 41-5. Reserved. Sec. 41~. Regulations declared contractual; dis- continuing service for violators. The rates, rules and regulations herein estab- lished shall be considered a part of the contract with every person supplied with water or sewer service by the city, either within or without the corporate limits of the city. Such person, by ap- plying for and accepting water or sewer 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 sewer service discontinued from the premises or place of violation and not turned on again or resumed except by order of the director of utilities, after satisfactory assurance that there be no further cause for complaint and upon payment of any charges. (Code 1966, ~ 35-9) Supp. No.3 Sec. 41-7. Director's right of entry. The director of utilities or persons authOrized by him, may enter at any reasonable hour any premises supplied with water or sewer service in order to inspect or repair sewer or water facili- ties, meters, pipes or fixtures or to investigate the use of water, or to obtain meter readings. (Code 1966, ~ 35-10) Sec. 41-8. Tampering with meters, facilities. It shall be unlawful for any person to tamper with any water main, water meter, or other water appurtenance, or any sewer line or sewer appur- tenance, or to make any connection to the water and sewerage system of the city without written permission from the city, or to reconnect water or sewer service when it has been discontinued for nonpayment of a bill for service, until such bill has been paid in full, including the amount of any charge for delinquency and the disconnection and reconnection fees herein specified. (Code 1966, ~ 35-11) 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 operation of said utility not inconsistent with this Code. (Ord. No. 83-8986, ~ 1, 12-19-83) Sees. 41-10-41-19. Reserved. 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 prop- erty classified as follows: (1) Apartment: A room or a suite of rooms within an apartment house arranged, intended, or 2404 e e e e e WATER AND SEWERS designed for a place of residence 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 occupancy 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 offices, shops or stores, using in common one hall and one or more means of ingress and egress. (5) Dwelling, tWlrfamily: A building arranged, intended or designed for occupancy by two (2) families, each household unit of which shall be considered an individual consumer. (6) Apartment house: A building arranged, in- tended, or designed for more than two (2) families, each household unit of which shall be considered an individual consumer. (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 per- sons for compensation, pursuant to previ- ous arrangement, but not for the public or transients. (8) Hotel: A building occupied or used as a more-or-less temporary abiding place of in- dividuals 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 cooking in in- dividual rooms. (bl 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 maximum rate as prescribed by section 41-86 per hundred cubic feet or per thousand ~gallons for two thousand (2,000) cubic feet as it now exists or as hereafter amended shall be made. (Code 1966, * 35-44) Cross reference-Definitions and rules of construction gen. erally. * 1-2. Supp. No.7 ~ 41-24 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 sewer- age department providing the property to be sup- plied adjoins a water main or distributing pipe. Except ~s otherwise provided, all applicants for water shall be on a form to be furnished by the department and shall be signed by the person making such application and shall state the loca- tion of the premises for which water is to be fur- nished and all purposes for which water is re- quired and any other information required by the department. Application for extra service by ex- isting customers or for the transfer of service may be made by telephone. (Code 1966, ~ 35-23) Sec. 41-22. Deposit required. Unless the applicant for water service shall have established a satisfactory credit record with the water and sewerage department through past deal- ings, such application must be accompanied by a cash deposit for an amount equal to double the estimated monthly utility bills and service fees for such premises, which are to be billed on the monthly water bill, but in no case less than ten dollars ($10.00) and any applicant for service or existing consumer shall, upon demand of the di- rector of utilities, increase such deposit when, if in the opinion of the director, such increase may be necessary to protect the city from loss. (Code 1966, ~ 35-24) 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 thereaf- ter to the credit of the customer's outstanding account, unless prior to the first day of January 2405 ~ 41-24 SAUNA CODE such customer shall request the payment 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 of the maximum service rendered; and such ad- vance deposit, together with the interest due there- on, may be applied to the payment of any bills due on discontinuance of service. (Code 1966, ~ 35-27) Sec. 41-26. Refund of deposits. The city may at its discretion refund such depos- it, together with interest, at any time it so de- sires. Two (2) years following the date of such deposit, the city shall refund the deposit plus ac- crued interest upon demand of the depositor, pro- viding the depositor shall have established and maintained a satisfactory credit record with the water and sewerage department to the satisfac- tion of the director of utilities. (Code 1966, ~ 35-28) 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 sewer- age department shall be processed in accordance with the terms of the Kansas Disposition of Un- claimed 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 hereafter be installed by the water and sewerage 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. Supp. No.7 (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 precedent to the installation of such service, pay a connec- tion charge based on front footage of property to be served. The director of utilities shall annually determine that charge. It shall be the duty of any person applying for a new water service to cor- rectly state the lineal front 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 water service to any such property where the lineal front footage was mis- represented. No charge shall be made to property that can be served from paralleling 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 sewerage department customer service office. 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 sewerage department at their customer service office. The plumbing inspector for the city also shall approve all the plumbing on private property served by the service line prior to its being turned on. (d) If a customer or property owner requests the replacement or relocation of all or any part of an existing water service line due to size or loca- 2406 e e e - e WATER AND SEWERS tion the water utility shall make the change or replacement. The cost of such change or replace- ment shall be determined by the director of utili- ties and born by the customer or property owner. Such costs shall be paid at the customer service office before the water service will be turned on. (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, ~ 2, 12-19-83) Sec. 41-29. Maintenance of plumbing, etc.; wasting water. All water consumers shall keep their own fix- 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; repairs. 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 mains, service lines, make connections, fro- zen meters, or for any other purpose that becomes necessary. The right is hereby reserved to cut off water at any time when deemed necessary. De- fective 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 Supp. No.2 ~ 41.37 is to be utilized at a later date the line will be reactivated by the water and sewerage depart- ment 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 accord- ance 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. Meter location. Should it not seem practicable to locate the meter adjacent to the curb box, written permis- sion shall be obtained from the director of utili- ties to place the meter at such point as the direc- tor of utilities shall provide. (Code 1966, ~ 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 non- 2407 ~ 41-37 SALINA CODE cooperation of the customer, the director of utili- ties 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 owner 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 damaged by hot water or steam or by an improper method ofthawing 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 with- out notice to the water and sewerage department and without payment for the same as provided by the rules and regulations herein contained. No person shall turn on or shut off the water at any Supp. No.2 valve, curb cock, corporation cock or other places regulating the supply of water to any premises or part of the waterworks system except duly au- thorized employees of the department or persons authorized to do so by the director of utilities. (Code 1966, ~ 35-43) Sec. 41-42. Fluoridating water supply system authorized. (a) The water and sewerage department is hereby directed and authorized to install and operate equip- ment which will introduce sufficient fluoride com- pound to raise the fluoride concentration 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 concen- tration 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) Sees. 41-43-41-50. Reserved. DIVISION 2. WATER CONSERVATION Sec. 41-51. Definitions. 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 com- bination of equipment, whether compressor or other type, by which heat is removed from the air and from which the accumulated or effluent heat is wholly or partially removed by the use of water. (2) Person shall mean all users of air condition- ing equipment connected with the municipal water supply or emptying water into munici- pal storm or sanitary sewers, including natu- ral persons, partnerships, corporations or as- sociations. Whenever used with respect to a 2408 e e e WATER AND SEWERS penalty, the term "person" as applied to part- nerships or associations shall mean the part- ners thereof, and as applied to corporations, the officers thereof. (3) System shall mean a single air conditioning unit or group or collection of such units or any other combination of air conditioning appara- tus connected to the municipal water supply in a common location, or a municipal storm sewer or sanitary sewer, such as an apart- ment or office building or supplied with water through any single customer service pipe con- nected to the municipal water supply system or emptying into municipal storm or sanitary sewers. (4) Tons shall mean the manufacturers rating of the compressor on an air conditioning system so operated based on American Society of Re- frigeration Engineers or American Refriger- ation Institute standards of ratings. (5) Water conservation equipment or facilities shall mean evaporative condensers, cooling towers, spray ponds, recirculating pumps or return disposal wells. (Code 1966, ~ 35-79) Cross reference-Definitions and rules of construction gen- erally, ~ 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) Sec. 41-53. Permit required to install air con- dition; fee. No person shall install, remodel or add to any air conditioning system which uses water from the municipal water supply or emptying into the municipal storm or sanitary sewer without first having procured a written permit therefor from the building official. The chief building inspector shall charge a fee of three dollars ($3.00) for the issuance of such permit. (Code 1966, ~ 35-81) Sec. 41-54. Who may install air conditioners; notice, inspection required. No one other than a plumber licensed by the city shall connect any such air conditioning sys- ~ 41-56 tem to the municipal water system or municipal storm or sanitary sewer system, nor shall anyone other than an electrician licensed by the city do any electrical work in connection with such in- stallation. Within forty-eight (48) hours following the completion of any such work authorized by the permit required by section 41-53, the person doing such work shall file in the office of the chief building inspector written notice of such comple. tion and request for inspection which inspection shall be promptly made by the chief building in- spector. (Code 1966, ~ 35-82) Sec. 41-55. Violators not to receive permits. Licensed plumbers or electricians who violate any of the provisions and regulations of this divi- sion may be denied the privilege of securing fur. ther permits from the chief building inspector. (Code 1966, ~ 35-83) Sec. 41-56. Surcharge for air conditioners. Inasmuch as the conservation of water and regu- lation of sewer load during periods of peak de- mands is in the public interest, a surcharge is hereby authorized against all air conditioning sys- tems connected to the municipal water supply or emptying into municipal storm or sanitary sew- ers, which surcharge is hereby fixed at two dol. lars and fifty cents ($2.50) per month per ton rated capacity for the months of June, July, Au- gust and September in each year. This surcharge shall be in addition to the regular charges for water consumed and the city commission shall assess and collect the surcharge in the interest of the conservation of the municipal water supply and/or the limitation of use of the municipal storm and sanitary sewers; provided, that this surcharge shall not apply to any of the following air condi- tioning systems: (1) Systems heretofore installed and now in use for single family units or duplex residential purposes: Provided, that the water is used for irrigation; (2) Any system equipped with water conserva- tion equipment or facilities. (Code 1966, ~ 35-84) 2409 ~ 41-57 SALINA CODE Sec. 41-57. Prevention of back siphonage. In order to prevent back siphonage into the municipal water supply, there shall be no direct or indirect connection between the municipal water supply and any air conditioning system using water from a source other than the municipal supply. (Code 1966, ~ 35-85) Sec. 41-58. Priorities established. Whenever the city board of commissioners shall deem it necessary in the interest of the conserva- tion of the municipal water supply and/or the limitation of use of the municipal storm or sani- tary sewers it shall restrict the partial or total use of water from the municipal water system in the following order of sequence: (1) Irrigation; (2) Air conditioning without water conservation facilities; (3) Industry-Air conditioning and other indus- trial or commercial uses; (4) Sanitary use. (Code 1966, ~ 35-86) 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 ofthis division shall be deemed waste. Water flowing into a gutter or into a street, alley or sidewalk, directly or indirectly, from an air con- ditioning system shall be deemed waste. (Code 1966, ~ 35-87) Sees. 41-60-41-70. Reserved. ARTICLE III. 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 the judgment of the joint city-county board of health for the protection of the health of the public, for the purpose of disposing of all substances from any such building affecting the public health which may be lawfully and properly disposed of by means of such sewer. (b) If any person shall fail or 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) To 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 as- sessment 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) Prior to the issuance of any permits for any connections with the sewer mains or laterals of the city, the following fees shall be paid: (1) For each connection for the use of property included within the boundaries of the city since January 1, 1950, if such property has never been since January 1, 1950, and is not now in any sewer benefit district of the city, the sum of two hundred fifty dollars ($250.00). (2) For each connection for the use of property not within the city limits and not in any sewer benefit district of the city, the sum of five hundred dollars ($500.00). (3) No fee shall be required for connections of the use of property located in a sewer benefit district of the city. (b) Application for a permit may be made by telephone at the discretion of the administrative authority. Twenty-four (24) hour notification for inspection is waived. No building tile sewer water test will be required. (Code 1966, ~ 9-204) 2410 e e e - e WATER AND SEWERS Sec. 41-71.2. Work not requiring a pennit. 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, howev- er, 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 in- spection made as hereinbefore provided. No per- mit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or fix- tures, where such repairs do not involve or re- quire 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 prem- ises not served with city water shall make appli- cation therefor in the same manner and subject to the same conditions as applications for water ser- vice as provided in section 41-21. 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 sewers, 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 ay street, alley br other place from which the same may run or drain into any sewer or into any river or creek, any fuel oil, lubricating oil, crank case oil or grease or any other kind of oil or grease whatsoever. (Code 1966, ~ 23-152) Secs. 41-74-41-85. Reserved. 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 Supp. No. 3 ~ 41-90 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 fixed 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 register. 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 utilities, such estimate to be based on the average amount reg- istered during a like preceding period and such other information as is available. (Code 1966, ~ 35-57) Sec. 41-89. Hydrant rental. For all fire hydrants located in water mains outside of the limits of the city, the person for whose benefit such fire hydrants are installed shall pay a fire hydrant rental of twenty-five dol- lars ($25.00) per annum per hydrant which shall be payable quarterly in advance. No fire hydrant shall be connected to any water main outside of the city without notice and without securing per- mission from the director of utilities and no such hydrant shall be or remain connected to any such water main unless the rental due thereon shall be paid within ten (10) days after the same be- comes due. (Code 1966, ~ 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 2411 ~ 41-90 SAUNA CODE maintained by such user and open for inspection by the city's representatives, more than one-fourth of the water so used by the customer was not discharged 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 discharged into the city's sewage disposal system. (Code 1966, ~ 35-61) Sec. 41-91. Covenant not to decrease rates. The city hereby agrees, in consideration of per- sons buying revenue bonds, to extend, enlarge and improve the waterworks plant and system or sewer system; not to decrease the rates prescribed as aforesaid until all such bonds and interest thereon are fully paid. (Code 1966, ~ 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 accounts and discon- nection of service for nonpayment. (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 sewerage service (or either) rendered monthly, and such bills shall be collected as a combined bill for water and sewerage service furnished each customer. Each bill shall be payable upon the rendering 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 delinquency penalty. (b) All bills unpaid fifteen (15) days after date of issue shall be considered delinquent and sub- ject to an additional charge of ten (10) percent on the gross amount of the billing. (c) If the rendered bill and delinquency penalty are not paid within ten (10) days after the bill is Supp. No. 3 declared delinquent, then a termination notice shall be issued. The termination notice shall pro- vide the customer of record with the following 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 ter- mination date; (3) Notice that service will be terminated in seven (7) days if the bill remains unpaid. If the customer of record is not the occupant where water service is provided, then the depart- ment shall provide similar notification to the oc- cupant. The request for a hearing must be no later than three (3) working days before the date of discontinuance. Such hearings will be conducted by one or more of the following representatives: Director of utilities, water office supervisor, or such other representative of similar management grades as may be appointed by the director of utilities. The department is authorized to discon- tinue and disconnect water service for any cus- tomer who shall be delinquent in the payment of bills. Customers are responsible for furnishing the department with their correct address for bill- ing purposes. (d) If the service to the property shall be dis- connected, it shall remain disconnected until such customer shall pay the full amount of all water and sewer bills, including such cash deposit as the director of utilities may require and a service charge of ten dollars ($10.00). (e) All water meters which are installed for the sole and specific purpose of irrigating yards and lawns shall be read and bills for such water service 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 period rendered with the May reading. Payment for such water service furnished would be due and payable in the same procedure therein provided for the col- lection, notification and disconnection of service for delinquent accounts shall be applicable. 2412 e e e - e WATER AND SEWERS (f) It shall be the duty of the representative of the city at the time in charge of the collection of water and sewerage service rates, to notify the director of utilities of all delinquencies in the payment of monthly bills, and said director shall proceed immediately to disconnect service to any customer who is in arrears for the period herein- before specified. (Code 1966, ~ 35-64; Ord. No. 84-9048, ~ 1, 11-19-84) 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 director of utilities shall have authority to make corrections or refunds of overpayments or improper water bills due to error in the water and sewerage department, but shall have no author- ity to remit or diminish a bill for any other rea- son. (Code 1966, ~ 35-66) 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 off at any premises on account ofthe failure of the consumer to pay the water charges for water used on any such premises, or whenever any consumer or applicant for water service is indebted to the water and sewerage department of the city for any water or sewerage service previously furnished to him either at the premises for which an appli- cation is made or at any other place in the city, the director of utilities shall refuse to turn on or authorize the turning on of water for any such consumer or applicant at any place until all pre- vious 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 deposits, shall have been paid, Supp. No. 3 ~ 41-110 and no applicant or consumer shall be entitled to have water turned on at any premises until all such charges and requirements have been fully paid and complied with. (Code 1966, ~ 35-67) Sec. 41-97. Regulations to secure payment authorized. The director of utilities 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 judg- ment, be necessary. (Code 1966, ~ 35-68) Sec. 41-98. Combined reading of multiple me- ters; 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 plumb- ing 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) Secs. 41-99-41-109. Reserved. ARTICLE V. USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS Sec. 41-110. Definitions. The following definitions shall apply to the en- forcement 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 U.S.C. 1251, et seq. (2) Approval authority: The regional adminis- trator of the Environmental Protection Agency and/or director of the Division of Environment of the Kansas Department of Health and Environment. (3) ASTM' The American Society of Testing Materials or publications thereof. (4) Authorized representative: An authorized rep- resentative of a user may be: 2413 t 41-110 SALINA CODE (1) A principal executive officer of at least the level of vice-president, if the user is a corporation; (2) A general partner or proprietor if the user is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated above if such rep- resentative is responsible for the over- all operation of the facilities from which the indirect discharge originates. (5) BOD (Biochemical oxygen demand): 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, expressed in milligrams per liter (mg/l). (6) Building drain: That part of the lowest hori- zontal 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 build- ing drain to the public wastewater collec- tion system or other place of disposal. (8) City: The Municipality of Salina, Kansas. (9) Combined sewer: A sewer receiving both surface runoff and sewage. (10) Composite sample: Combination of individ- ual samples of water or wastewater taken at selected intervals (generally hourly or some similar specified period), to minimize the effect of the variability of the individ- ual sample. Individual samples may have equal volume or may be proportional to the flow at time of sampling. (11) Control authority: "Approval authority," de- fined hereinabove; and/or the director of utilities for the City of Salina. (12) Cooling water: The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat. Supp. No. 3 (13) Direct discharge: The discharge of treated or untreated wastewater directly to the wa- ters of the State of Kansas. (14) Director: The director of utilities of the City of Salina, Kansas, and/or his authorized deputy, agent or representative. (15) Domestic wastewater: Any wastewater dis- charged from any user that has character- istics that could be reasonably expected from a household. (16) 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. (17) Garbage: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. (18) Grab sample: A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. (19) Governing body: The board of commission- ers of the City of Salina, Kansas. (20) Health officer: A person having public health responsibility by the State of Kansas and/or by Saline County. (21) Holding tank waste: Any waste from hold- ing tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks. (22) Indirect discharge: The discharge or the in- troduction of nondomestic wastewater from any source regulated under section 307(b) or (c) of the act (33 U.S.C. 1317), into the sanitary sewerage system (including hold- ing tank waste discharged into the system). (23) Industrial wastes: The liquid wastes from industrial manufacturing processes, trade, or business as distinct from domestic waste- water. 2414 WATER AND SEWERS t 41-110 e (24) Interference: The inhibition or disruption promulgated later than one hundred twenty of the sanitary sewerage system treatment (120) days after proposal, a new source means processes or operations which contributes any source, the construction of which is e to a violation of any requirement of the commenced after the date of promulgation city's NPDES permit. The term includes of the standard. prevention of sewage sludge use or disposal (30) Person: Any individual, firm, company, as- by the sanitary sewer system in accordance s~iation, society, corporation or group. with section 405 ofthe act (33 U.8.C. 1345), or any criteria, guidelines or regulations (31) pH: The logarithm of the reciprocal of the developed (present or future) pursuant to weight of hydrogen ions in grams per liter the Solid Waste Disposal Act (SWDA), the of solution. Clean Air Act, and Toxic Substances Con- (32) Pollution: The man-made or man-induced trol Act, or more stringent state criteria alteration of the chemical, physical, biolog- (including those contained in any state sludge ical or radiological integrity of water. management plan prepared pursuant to Title IV of SWDA) applicable to the method of (33) Pollutant: Any dredged spoil, solid waste, disposal or use employed by the sanitary incinerator residue, sewage, garbage, sew- sewerage system. age sludge, munitions, chemical wastes, bio- (25) National categorical pretreatment standard logical materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, or pretreatment standard: Any (present or cellar dirt and industrial, municipal and future) regulation containing pollutant dis- agricultural waste discharged into water. charge limits promulgated by the EP A in e accordance with section 307(b) and (c) of (34) Pretreatment or treatment: The reduction of the act (33 U.S.C. 1317) which applies to a the amount of pollutants, the removal of specific category of industries. pollutants or the alteration of the nature of (26) National prohibitive discharge standard or pollutant properties in wastewater to a less harmful state prior to or in lieu of discharg- prohibitive discharge standard: Any (present ing or otherwise introducing such pollutants or future) regulation developed under the into a sanitary sewerage system. The re- authority of 307(b) of the act and 40 CFR, duction or alteration can be obtained by section 403.5. physical, chemical or biological processes (27) National pollution discharge elimination syir or process changes by other means, except tem or NPDES permit: A discharge permit as prohibited by 40 CFR section 403.6(d). issued by the approval authority pursuant (35) Pretreatment requirements: Any substantive to section 402 ofthe act (33 U.S.C. 1342). or procedural requirement relating to pre- (28) Natural outlet: Any outlet into a watercourse, treatment, other than a national pretreat- pond, ditch, lake or other body of surface or ment standard imposed on a user. groundwater. (37) Private sewer: A sewer not owned or main- (29) New source: Any source, the construction tained by the City of Salina. of which is commenced after the publica- (38) Private wastewater disposal system: Any sys- tion of the proposed regulations prescrib- tern of wastewater disposal not publicly ing a section 307(c) (33 U.S.C. 1317) cate- owned or operated. - gorical pretreatment standard which will (39) Private water supply: All water supplies not be applicable to such source, if such stan- dard is thereafter promulgated within one owned and operated by the City of Salina. hundred twenty (120) days of proposal in (40) Properly shredded garbage: The wastes from e the federal register. Where the standard is the preparation, cooking, and dispensing of Supp. No. 3 2415 fi 41-110 SALINA CODE food which have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevail- ing in public sewers, with no particles greater than one-half inch (1.27 centimeters) in any dimension. (41) Public sewer: A sewer in which all owners of abutting properties have equal rights and is controlled by public authority. (42) Public water supply: All water supplies owned and operated by the City of Salina. (43) Sanitary sewer: A sewer which carries waste- water and to which storm, surface and groundwater are not intentionally admitted. (44) Sanitary sewerage system: Any devices, units and systems used in the collection, trans- portation, storage, treatment, recycling and reclamation of municipal wastewater or in- dustrial wastes of liquid nature including all land and appurtenances thereto owned by the city and as further defined for a publicly owned treatment works (POTW) under section 211 of the Federal Water Pol- lution Control Act (33 D.S.C. 1292). (45) Sewer: A pipe or conduit for carrying wastewater. (46) Shall: is mandatory; "may" is permissive. (47) Slug: Any discharge of water, wastewater or industrial waste in which the concentra- tion of any given constituent or in which the quantity of flow for any period of dura- tion longer than fifteen (15) minutes exceeds more than five (5) times the average twenty- four (24) hour concentration or flow quan- tities during normal operation. (48) State: State of Kansas. (49) Standard industrial classification (SIC): A classification pursuant to the Standard In- dustrial Classification Manual issued by the executive office of the presidep.t, office of management and budget, 1972. (50) Storm drain (storm sewer): A sewer which carries storm and surface waters and drain- Supp. No. 3 age but excludes wastewater and industrial wastes, other than unpolluted cooling water. (51) Storm water: Any flow occurring during or following any form of natural precipitation and resulting therefrom. (52) 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. (53) Toxic pollutant: Any pollutant or combina- tion of pollutants listed as toxic in regula- tions promulgated by the administrator of the environmental protection agency under the provision of section 307(aX1) of the Clean Water Act. (54) Uniform plumbing code: The latest revision of the uniform plumbing code published by the International Association of Plumbing and Mechanical Officials. (55) User: Any person who contributes, causes or permits the discharge of wastewater into the city's sanitary sewerage system. (56) Watercourse: A channel in which a flow of water occurs, either continually or inter- mittently. (57) 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. (58) 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 2416 e e e - e WATER AND SEWERS pressurized lines, for individual structures or groups of structures when such units are owned and maintained by the City of Sali- na, Kansas. (59) Wastewater treatment plant: Any unit pro- cesses, facilities, land and appurtenances thereto, providing primary treatment, sec- ondary treatment and/or advanced treatment of wastewaters and the resulting sludges, contributed to the sanitary sewerage system. (60) WPCF: The water pollution control federa- tion or publications thereof. (61) Waters of the state:. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation sys- tems, drainage systems and all other bod- ies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. (62) 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 Engineer- ing" prepared by joint editorial board of the American Public Health Association, American Society of Civil Engineers, Amer- ican Water Works Association and Water Pollution Control Federation. (63) Abbreviations: The following abbreviations shall have the designated meanings: (a) BOD: Biochemical oxygen demand (five (5) day, unless otherwise noted as "Ul- timate BOD"). (b) CFR: Code of federal regulations. (c) COD: Chemical oxygen demand. (d) EPA: Environmental protection agency. (e) l: Liter. (f) mg: Milligrams. (g) mg/l: Milligrams per liter. (h) NPDES: National pollutant discharge elimination system. (i) SIC: Standard industrial classification. Supp. No.3 ~ 41-114 (j) SWDA: Solid Waste Disposal Act, 42 U.S.C. 6901, et seq. (k) USC United States Code. (I) TSS: Total suspended solids. (Ord. No. 84-9007, ~ 1,3-26-84) 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 waste in any unsanituy manner on public or private property within the City of Salina or in any area under the jurisdiction of said city. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-112. Treatment required. It shall be unlawful to discharge any wastewa- ter or other polluted waters into any natural out- let except where suitable treatment has been pro- vided in accordance with subsequent provisions of this chapter. (Ord. No. 84-9007, ~ 1,3-26-84) Cross reference-Private wastewater disposal system, ~ 18-75. Sec. 41-113. Private wastewater disposal systems. 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. 84-9007, ~ 1, 3-26-84) 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 his expense, toilet facilities therein and to connect such facili- ties directly with the proper public wastewater collection system in accordance with the provi- sions of this article within ninety (90) days after the official notice to do so, provided that said public wastewater collection system is within one hundred (100) feet of the property line. The direc- 2417 t 41-114 SALINA CODE tor or health officer shall have the authority to require connection to the public wastewater col- lection system when the system is over one hun- dred (100) feet from the property line in cases where a health hazard exists. (Ord. No. 84-9007, ~ 1, 3-26-84) 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 sewer lines needed to connect with existing city sewer mains and laterals must conform to city and state specifications for the same. (Ord. No. 84-9007, ~ 1, 3-26-84) 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 per- mit for residential and commercial service. The owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered per- tinent in the judgment of the director. A permit and inspection 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 costs and expenses incident to the installa- tion and connection of the building sewer shall be Supp. No. 3 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 ofthe 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- rior lot and no sewer is available or can be con- structed to the rear building through an adjoin- ing 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 build- ing 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, installing 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 build- ing 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: 2418 e e e - e WATER AND SEWERS (1) Extra-strength vitrified clay pipeline and fit- tings 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. (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 federal specifi- cation WW-P421b, or American National Standards Institute (ANSI) A21.51, A21.6 or A21.8, except that iron used in the manufac- ture of the pipe shall have minimum design strength value, in pounds per square inch, of twenty-one thousand (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. Intlow sources. No person shall make connection of roof down- spouts, exterior or interior foundation drains, area- way drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly 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 conform 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 approved by the director before installatioh. (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 Supp. No.3 A 41-146 sewer is ready for inspection and connection 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) 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 direc- tor. (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, uncontam- inated cooling water, or unpolluted industrial pro- cess 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. 84-9007, ~ 1,3-26-84) Sec. 41-146. General discharge prohibitions. No person shall contribute or cause to be con- tributed, directly or indirectly, any pollutant or wastewater which will interfere with the opera- tion or performance of the sanitary sewerage sys- tem whether or not the person(s) is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. When the director de- termines that person(s) are contributing to the sanitary sewerage system, any of the enumerated substances in such amounts as to interfere with the operation of the sanitary sewer system, the director shall: (1) Advise the person(s) of the im- pact of the contribution, and (2) Develop effluent limitation(s) for such person to correct the inter- ference with the sanitary sewerage system. A per- 2419 ~ 41-146 SALINA CODE son(s) may not contribute the substances enumer- ated in sections 41-147 through 41-158 to any sanitary sewerage system. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-147. Explosive materials. Any liquids, solids or gases which, by reason of their nature or quantity, are, or may he, suffi- cient either alone or by interaction with other substances to cause fire or explosion or be injuri- ous in any other way to the sanitary sewerage system or to the operation of the sanitary sewer- age system. At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter. Prohib- ited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xy- lene, ethers, alcohols, ketones, aldehydes, perox- ides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the city, the state or EP A has notified the user is a fire hazard or a hazard to the system. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-148. Solid or viscous substances. Solid or viscous substances which may. cause obstruction to the flow in a sewer or other inter- ference with the operation of the sanitary sewer- age system such as, but not limited to: Grease or garbage with particles greater than one-half inch in any dimension, 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, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud or glass grinding, polishing wastes, or any waste containing fats, wax, grease, or oil whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l) or containing substances which may solid- ify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hun- Supp. No.3 dred twenty (120) degrees Fahrenheit. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-149. pH limitation. 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 personnel. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-150. Toxic pollutants. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interac- tion with other pollutants, to injure or interfere with any wastewater treatment process, consti- tute a hazard to humans or animals, create a toxic effect in the receiving waters of the sanitary sewerage system or to exceed the limitation set forth in a federal categorical pretreatment stan- dard: A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the Clean Water Act. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-151. Noxious or malodorous materials. 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. 84-9007, ~ 1,3-26-84) Sec. 41-152. Reuse or reclamation of waste. Any substance which may cause the wastewa- ter 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 reclamation process. In no case shall a substance discharged cause the sanitary sewerage system to be in non- compliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the act; any criteria, guidelines or regula- tions affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act 2420 e e e - e WATER AND SEWERS or state criteria applicable to the sludge manage- ment method being used. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-153. NPDES permit violation. Any substance which will cause the sanitary sewerage system to violate its NPDES and/or state disposal system permit or the receiving water qual- ity standards. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-154. Color, taste or odor limitations. 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 solu- tions. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-155. Temperature limitations. Any wastewater having a temperature which will inhibit biological activity in the wastewater treatment plant resulting in interference, but in no case heat in such quantities that the influent temperature at the wastewater treatment plant exceeds forty (40) degrees Centigrade (104 degrees Fahrenheit). (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-156. Oxygen demanding pollutants. Any pollutants, including oxygen demanding pollutants (BOD, eta.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the sanitary sewerage system. In no case shall a slug load have a flow rate or contain concentrations or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration, quantities or flow during normal operation. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-157. Radioactive waste. Any wastewater containing any radioactive waste or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable state or federal regu- lations. (Ord. No. 84-9007, ~ 1,3-26-84) Supp. No. 3 ~ 41-160 Sec. 41-158. Hazardous or nuisance materials. Any wastewater which causes a hazard to human life or creates a public nuisance. (Ord. No. 84-9007, ~ 1, 3-26-84) 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), (2) Require pretreatment to an acceptable condi- tion for discharge to the public wastewater 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 covered by existing taxes or user charges. If the director permits the pretreatment or equal- ization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the director, and sub- ject to the requirements of all applicable codes, ordinances, and laws. Where preliminary treat- ment or flow-equalizing facilities are provided for any water wastes, they shall be maintained con- tinuously in satisfactory and effective operation by the owner, at his expense. (Ord. No. 48-9007, ~ 1, 3-26-84) 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 dwell- ing units. All interceptors shall be of a type and capacity approved by the director and shall be 2421 ~ 41-160 SALINA CODE located as to be readily and easily accessible for cleaning and inspection. (Old. No. 9007, ~ 1, 3-26-84) Sec. 41-161. Control manhole. When required by the director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances to the building sewer, to fa- cilitate observation, sampling, and measurement of the wastes. Such a manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-162. Measurement, tests and analysis. All measurements, tests and analyses of the characteristics of waters and wastes to which ref- erence is made in this chapter shall be performed by a laboratory approved by the director and shall be determined in accordance with the latest edi- tion of "Standard Methods for the Examination of Water and Wastewater," published by the Amer- ican Public Health Association, and shall be de- termined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of the constituents upon the sanitary sew- erage system and to determine the existence of hazards to life, limb, and property. (Old. No. 84-9007, ~ 1, 3-26-84) 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 mini- mum requirements by the director as 'applied to this chapter. (Ord. No. 84-9007, ~ 1,3-26-84) Sees. 41-164-41-170. Reserved. Supp. No.3 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- purtenance, or equipment which is a part of the sanitary sewerage system. Any person violating this provision shall be subject to immediate ar- rest under charge of disorderly conduct. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-172. Notice. Any person 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 violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Old. No. 84-9007, ~ 1,3-26-84) Sec. 41-173. Penalties. Any person who shall continue any violation of articles V through VII beyond the time limit pro- vided for in section 41-172 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding one hundred dollars ($100.00) for each violation, or a jail sen- tence not exceeding thirty (30) days, or by both such fine and incarceration. If the conviction is for a violation committed after a first conviction, punishment shall be a fine not exceeding three hundred dollars ($300.00) per day of such viola- tion, together with imprisonment of not more than ninety (90) days as may be assessed by the court for each day of violation. Each day in which any such violation shall continue shall be deemed a separate offense. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, fines, penalties or damage occasioned by the city, by reason of such violation. (Ord. No. 84-9007, ~ 1,3-26-84) Sees. 41-174-41-180. Reserved. 2422 e - e - e WATER AND SEWERS ARTICLE IX. INDUSTRIAL PRETREATMENT 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 resulting sludge; (2) To prevent the introduction of pollutants into the sanitary sewerage system which could pass through the system, inadequately treat- ed, into receiving waters or the atmosphere or otherwise be incompatible with the sys- tem; and (3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the system. (Ord. No. 84-9007, ~ 1,3-26-84) 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 de- termined by the director, and through enforce- ment of general requirements for the other users, authorizes 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. 84-9007, ~ 1, 3-26-84) Sec. 41-183. Application. This article shall apply to all users that dis- charge industrial wastes into the sanitary sewer- age system. Except as otherwise provided herein, the director shall administer, implement and en- force the provisions of this article. (Ord. No. 84-9007, ~ 1, 3-26-84) 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 Supp. No.3 fi 41-189 performance of the sanitary sewerage system as listed under section 41-146. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-185. Federal categorical pretreatment standards. Upon ~he promulgation of the federal categori- cal pretreatment standards for a particular in- dustrial subcategory, the federal pretreatment stan- dard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations im- posed under this article. The director shall notify all affected users of the applicable reporting re- quirements under 40 CFR, section 403.12. (Ord. No. 84-9007, ~ 1,3-26-84) 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 stand- ards if the requirements contained in 40 CFR, part 403, section 403.7, are fulfilled. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41.187. State requirements. State requirements and limitations on discharges shall apply in any case where they are more strin- gent than federal requirements and limitations or those in this chapter. (Ord. No. 84-9007, ~ 1, 3-26-84) 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. 84-9007, ~ 1, 3-26-84) Sec. 41.189. Dilution. No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treat- 2423 ~ 41-189 SALINA CODE ment. Measures such as dilution will not be al- lowed when used to achieve compliance 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. 84-9007, ~ 1,3-26-84) 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 required to prevent accidental discharge of prohibited ma- terials shall be provided and maintained at the user's own cost and expense. Detailed plans, show- ing facilities and operating procedures to provide this protection, shaH be submitted to the city for review and approval by the city before construc- tion of the facility. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the director of the incident. The notification shall include location of discharge, type of waste, concentration and volume and cor- rective actions. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-191. Written notice. Within five (5) days following an accidental dis- charge the user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sanitary sewerage system, fish kills or other damage to person or property; nor shall such notification relieve the user of any fines, civil peildlties or other liability which may be imposed by this arti- cle or other applicable law. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-192. Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place Supp. No. 3 advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure. (Ord. No. 84-9007, ~ 1, 3-26-84) 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. 84-9007, ~ 1, 3-26-84) 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 surveil- lance 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. 84-9007, ~ 1, 3-26-84) Sec. 41-195. Wastewater discharges. It shall be unlawful to discharge without a city permit to any area under the jurisdiction of the city and/or to the sanitary sewerage system any wastewater except as authorized by the director in accordance with the provisions of this article. (Ord. No. 84-9007, ~ 1,3-26-84) 2424 e - e - e WATER AND SEWERS 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 sewer- age 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. 84-9007, ~ 1,3-26-84) ~ 41-197 sewer connections and appurtenances 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 pollu- tants in the discharge which are limited by any city, state or federal pretreatment stand- ards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards; (9) If pretreatment or other measures will be required to meet the pretreatment stand- ards, the shortest schedule by which the user will provide such additional pretreat- ment. The completion date in this schedule shall be later than the compliance date es- tablished 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 construction and operation of additional pretreatment re- quired for the user to meet the appli- cable pretreatment standards (e.g., hir- ing an engineer, completing preliminary plans, completing final plans, review and approval of construction plans by the director, executing contract for major components, commencing construction, completing construction, 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 direc- tor including, as a minimum, whether or not it complied with the increment of progress to be met on such date and , 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 dollar~ ($100.00). Existing users shall apply for a waste- water discharge permit within thirty (30) days after the effective date of this article and pro- posed 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 evaluation, 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 characteristics including, but not limited to, those men- tioned in sections 41-184 through 41-190 as determined by a reliable analyticallabora- tory; sampling and analysis shall be per- formed in accordance with the procedures established by the EP A pursuant to section 304(g) of the act and contained in 40 CFR, 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 plumb- ing plans and details to show all sewers , Supp. No.3 2425 ~ 41-197 SALINA CODE if 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 processed (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) 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. 84-9007, ~ 1, 3-26-84) Sec. 41-198. Permit modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of the users subject to such standards shall be revised to require com- pliance with such standard within the time frame prescribed by such standard. Where a user, sub- ject to a national categorical pretreatment stan- dard, has not previously submitted an application for a wastewater discharge permit as required by section 41-197 the user shall apply for a wastewa- ter discharge permit within one hundred eighty (180) days after the promulgation of the applica- ble national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the director within one hundred eighty (180) days after the promul- gation of an applicable federal categorical. pretreat- ment standard, the information required by sub- sections (8) and (9) of section 41-197. (Ord. No. 84-9007, ~ 1, 3-26-84) Supp. No.3 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 established by the city. Permits may contain the following: (1) Limits on the average and maximum waste- water constituents and characteristics; (2) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; (3) Requirements for installation and mainte- nance of inspection and sampling facilities; (4) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (5) Compliance schedules; (6) Requirements for submission of technical reports or discharge reports (see section 41-202); (7) Requirements for maintaining and retain- ing plant records of the user relating to wastewater discharge as specified by the city and affording city access thereto; (8) Requirements for notification of the city of any new introduction of wastewater con- stituents or any substantial change in the volume or character of the wastewater con- stituents being introduced into the sanitary sewerage system. (9) Requirements for notification of slug dis- charges as per section 41-212. (10) Other conditions as deemed appropriate by the city to ensure compliance with this ar- ticle. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-200. Permit duration. Permits shall be issued for a specific time peri- od, 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 apply for permit reissuance a minimum of ninety 2426 e e e - . WATER AND SEWERS ~ 41-203 (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 condi- tions in the permit shall include a reasonable time schedule for compliance. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-201. Permit transfer. Wastewater discharge permits are issued for a specific user for a specific operation. A wastewa- ter discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the director. (Ord. No. 84-9007, ~ 1, 3-26-84) 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, follow- ing commencement of the introduction of waste- water 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 pollutants in the discharge from the regulated process which are limited by pretreatment standards and require- ments 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 necessary to bring the user into compliance with the applicable pre- treatment standards or requirements. This state- me~t shall be signed by an authorized represen- tatIve of the user, and certified by a licensed pro- fessional engineer in the State of Kansas. (Ord. No. 84-9007, ~ 1,3-26-84) Supp. No. 3 Sec. 41-203. Periodic compliance reports, self- monitoring. (a) Any user subject to a pretreatment standard after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the sanitary sewerage system shall submit to the director dur- ing the months of June and December, unless required more frequently in the pretreatment stan- dard or by the director, a report indicating the nature and concentration of pollutants in the ef- fluent which are limited by such pretreatment standards. In addition this report shall include a record of the estimated average and maximum daily flows during the reporting period. At the discretion of the director and in consideration of such factors as local high or low flow rates, holi- days, budget cycles, etc., the director may agree to alter the months during which the above re- ports 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(1) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sam- pling and analysis of the discharge, including the ~ow 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 in accordance with the procedures established by the EP A pursuant to section 304(g) of the act and contained in 40 CFR, part 136 and amendments thereto or with any other test pro- cedures approved by the EP A. Sampling shall be performed in accordance with the techniques ap- proved by the administrator. (c) Where 40 CFR, part 136, does not include a sampling or analytical technique for the pollu- tant in question, sampling and analysis shall be performed in accordance with the procedures set 2427 ~ 41-203 SALINA CODE forth in the EPA publication "Sampling and Anal- ysis Procedures for Screening of Industrial Efflu- ents for Priority Pollutants," April 1977 and amendments thereto, or with any other sampling and analytical procedures approved by the EP A. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-204. Monitoring facilities. (a) The city shall require monitoring facilities to be provided and operated at the user's own expense and to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facil- ity should normally be situated on the user's prem- ises, 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 stand- ards and specifications. Construction shall be com- pleted within ninety (90) days following written notification by the city. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-205. Inspection and sampling. The city may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being com- plied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative(s) ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of their duties. The director shall have the right to install Supp. No.3 on the user's property such devices as are neces- sary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identifica- tion, personnel will be permitted to enter, with- out delay, for the purposes of performing their specific responsibilities. (Ord. No. 84-9007, ~ 1, 3-26-84) 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 limi- tations 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 and oper- ating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent 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. 84-9007, ~ 1, 3-26-84) Sec. 41-207. Publication of noncompliance. The director shall annually publish in the offi- cial city newspaper a list of the users which were not in compliance with any pretreatment require- ments or standards at least once during the twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months. (Ord. No. 84-9007, ~ 1,3-26-84) 2428 e e e - e WATER AND SEWERS Sec. 41-208. Availability of records. All records relating to compliance with pretreat- ment standards shall be made available to the director upon request, except that information deemed confidential as defined in section 41-209. (Ord. No. 84-9007, ~ 1,3-26-84) 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 in- formation, processes or methods of production en- titled 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 review or enforcement proceedings involving the person furnishing the report. Wastewater constitu- ents and characteristics will not be recognized as confidential information. (c) Information, accepted by the director as con- fidential, shall not be transmitted to any govern- mental agency or to the general public until and unless a ten-day notification is given to the user. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-210. Harmful contributions. The director may suspend the sanitary sewer- age 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 threat- ened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes Supp. No.3 ~ 41-213 interference to the sanitary sewerage system or causes the city to violate any condition of its NPDES permit. (Ord. No. 84-9007, ~ 1, 3-26-84) Sec. 41-211. Suspension order. Any person notified of a suspension of the sani- tary 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 submit- ted to the director within fifteen (15) days of the date of occurrence. (Ord. No. 84-9007, ~ 1,3-26-84) 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 accordance with the procedures in sections 41-210 through 41-215: (1) Failure of a user to factually report the waste- water constituents and characteristics of his discharge; (2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics; (3) Refusal of reasonable access to the user's prem- ises for the purpose of inspection or monitor- ing; or (4) Violation of conditions of the permit. (Ord. No. 84-9007, ~ 1,3-26-84) Sec. 41-213. Notification of violation. Whenever the director finds that any user has violated or is violating this article, the wastewa- 2429 ~ 41-213 SALINA CODE ter discharge permit, or any prohibition, limita- tion or requirements contained herein, the city may serve upon such person a written notice stat- ing the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satis- factory correction thereof shall be submitted to the director by the user. (Ord. No. 84-9007, 9 1, 3-26-84) Sec. 41-214. Show cause hearing. (a) The director may order any user who causes or allows an unauthorized discharge to enter the sanitary sewerage system to show cause before the governing body why the proposed enforcement action 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 regard- ing the violation, the reasons why the action is to be taken, the proposed enforcement action and directing 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 any of its members or any officer or employee of the director to: (1) Issue in the name of the governing body no- tices of hearings requesting the attendance and testimony of witnesses and the produc- tion of evidence relevant to any matter in- volved in such hearings; (2) Take the evidence; (3) Transmit a report of the evidence and hear- ing, including transcripts and other evidence, together with recommendations to the gov- erning body for action thereon. (c) At any hearing held pursuant to this arti- cle, testimony taken must be under oath and re- corded stenographically. The transcript, so record- ed, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. Supp. No.3 (d) After the governing body has reviewed the evidence, it may issue an order to the user re- sponsible for the discharge directing that, follow- ing a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices 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 necessary and appropriate may be issued. (Ord. No. 84-9007,9 1,3-26-84) Sec. 41-215. Legal action. If any person discharges wastewater, industrial wastes or other wastes into the city's sanitary sewerage system contrary to the provisions of this article, federal or state pretreatment requirements, or any order of the director, the city attorney may commence an action for appropriate legal and/or equitable relief in the district court of Saline Coun- ty. (Ord. No. 84-9007, 9 1,3-26-84) Sec. 41-216. Civil penalties. Any user who is found to have violated an order of the governing body or who willfully or negli- gently failed to comply with any provision of this article and the orders, rules, regulations and per- mits issued hereunder, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each offense. Each 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, court reporters' fees and other ex- penses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and per- mits issued hereunder. (Ord. No. 84-9007, 9 1, 3-26-84) Sec. 41-217. Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to 2430 e e e - e WATER AND SEWERS ~ 41-219 this article or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method re- quired under this article shall, upon conviction, be punished by a fine of not more than one thou- sand dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both. (Ord. No. 84-9007, n, 3-26-84) 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. 84-9007, ~ 1,3-26-84) 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. 84-9007, ~ 1, 3-26-84) Supp. No. 3 [The next page is 2463] 2431 e e e e - Chapter 42 ZONING REGULATIONS. In General, If 42-1-42-20 Amendments, If 42-21-42-39 Districts, Maps and Boundaries, If 42-40-42-55 General Use RegulatiQns, If 42-56-42-75 General Bulk Regulations, If 42-76-42-100 District Regulations, If 42-101-42-400 Div. 1. Generally, ~~ 42-101-42-110 Div. 2. A-I Agricultural District, ~~ 42-111-42-125 Div. 3. RS Single-Family Residential Suburban District, ~ ~ 42- 126-42-140 Div. 4. R Single-Family Residential District, ~~ 42-141-42-155 Div. 5. R-l Single-Family Residential District, ~~ 42-156-42- 170 Div. 6. R-2 Multiple-Family Residential District, ~~ 42.171-42- 185 Div. 7. R-2.5 Multiple-Family Residential District, ~~ 42-186- 42-200 Div. 8. R-3 Multiple-Family Residential District, ~~ 42-201-42- 215 Div. 9. MH Manufactured Home Park District, ~~ 42-216-42- 235 Div. 10. U University District, ~~ 42-236-42-250 Div. 11. C-l Restricted Business District, ~~ 42-251-42-265 Div. 12. C.2 Neighborhood Shopping District, ~~ 42-266-42-280 Div. 13. C-3 Shopping Center District, ~~ 42-281-42-300 Div. 14. C-4 Central Business District, ~~ 42-301-42-315 Div. 15. C-5 Service Commercial District, ~~ 42-316-42-330 Div. 16. C-6 Heavy Commercial District, ~~ 42.331-42-345 Div. 17. 1-1 Industrial Park District, ~~ 42-346-42-360 Div. 18. 1-2 Light Industrial District, ~~ 42-361-42.380 Div. 19. 1-3 Heavy Industrial District, ~~ 42-381-42-400 VII. Planned Development Districts, ~~ 42-401-42-425 Div. 1. Generally, ~~ 42-401-42-408 Div. 2. Rezoning to a Planned Commercial District, ~~ 42-409- 42-425 Art. VIII. Flood Plain Zoning District, ~~ 42-426-42-455 Div. 1. Statutory Authorization, Findings of Fact and Purposes, ~~ 42-426-42-428 Div. 2. General Provisions, ~~ 42-429-42-433 Div. 3. Development Permit, ~~ 42-434-42-436 Div. 4. Establishment of Zoning Districts, ~ 42-437 Div. 5. Standards for Floodway Overlay District and the Flood- way Fringe Overlay District, ~~ 42-438-42-440 Div. 6. Floodway Fringe (FF) Overlay District, ~~ 42.441, 42-442 Div. 7. Floodway (FW) Overlay District, ~ 42.443 Div. 8. Variances, ~~ 42-444-42-447 Div. 9. Violations, ~~ 42-448 Div. 10. Amendments, ~~ 42-449-42-455 .Cross references-Ordinances amending the zoning map or zoning or rezoning specific property saved from repeal, ~ 1-5(17); airport zoning, ~ 4-46 et seq.; proximity of public dances to residences, ~ 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. Supp. No.6 Art. Art. Art. Art. Art. Art. I. II. III. IV. V. VI. Art. II 2461 ~ 42-1 SALINA CODE Art. IX. Heritage Conservation District, U 42-456-42-500 Diy. 1. Generally, ~~ 42-456-42-470 Diy. 2. Heritage Commission, ~~ 42-471-42.500 Art. X. Signs, U 42-501-42-540 Diy. 1. Generally, H 42-501-42.515 Diy. 2. District Regulations, ~~ 42-516-42-540 Art. XI. Off-Street Parking and Loading, U 42-541-42-575 Diy. 1. Generally, H 42-541-42-550 Diy. 2. OfT.Street Parking, H 42-551-42-560 Diy. 3. OfT.Street Loading, ~~ 42-561-42-575 Art. XII. Nonconforming Uses, Bulk and Signs, U 42-576-42-595 Art. XIII. Administrative Provisions, U 42-596-42-615 Art. XIV. Definitions, n 42-616-42-806 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- mg purposes: (1) To protect and promote the public health, safety, 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- ings appropriate to the various districts es- tablished by this chapter; Supp. No.6 (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 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- 2462 e e e e e ZONING REGULATIONS ~ 42-4 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.4 2463 e - e e e ZONING REGULATIONS 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 or 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.6 S 42-23 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. Secs. 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 (bX2) and (bX3) 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 ~ 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 ihstances 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 referred to, filed with, or initiated by the planning com- mission. 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 hold at least one public hearing on the pro- posed amendment, twenty (20) days notice of the time and place of which shall be published in the Supp. No.6 official city newspaper stating the date, time and place of the hearing and containing a statement regarding the proposed amendment. If the pro- posed amendment would change the zoning clas- sification of any property, or the boundaries of any zoning district, such notice shall contain the legal description and street address or general street location of such property, its present zon- ing classification, and the proposed classification. In such case, the planning commission shall mail a written notice of the public hearing thereon, containing the same information as the published notice thereof, to the owner or owners of the prop- erty affected, and to the owners of all property within two hundred (200) feet of the boundaries thereof, at least twenty (20) days prior to the date of the hearing. The planning commission may give such additional notice to other persons as it may, from time to time, provide by its rules. (c) Conduct of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the planning commission may, from time to time, prescribe by rule. Any inter- ested 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 governmen- tal official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested person in the offices of the plan- ning commission. (Code 1966, ~ 36-203) Sec. 42-25. Findings of fact and recommen- dation 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 office of the zon- ing administrator and such copies shall be kept available for public inspection. A copy of the re- port shall be mailed to the owner of the specific property affected by the proposed amendment. Such report shall contain findings based upon the evi- dence presented and a recommendation as to whether the proposed amendment should be adopt- 2466 e e e - e ZONING REGULATIONS ed. The report submitted to the board of commis- sioners shall be accompanied by a copy of the record of the hearing on the proposed amendment. (Code 1966, ~ 36-204; Ord. No. 87-9195, ~ 1,7-27-87) Sec. 42-26. Action by board of commissioners. (a) Adoption of amendments. The board of com- missioners shall not act upon a proposed amend- ment to this chapter until it shall have received a written report and recommendation from the plan- ning commission. If a proposed amendment is not acted upon finally by the board of commissioners within one hundred twenty (120) days of the date upon which the planning commission report is received, such proposed amendment shall be deemed to have been denied, unless the applicant for such amendment shall have consented to an extension of such period of time. Whenever a proposed amend- ment has been denied, such amendment shall not thereafter be passed without a further public hear- ing and notice thereof as provided in section 42-24. (b) Protest. If a written protest against a pro- posed amendment shall be filed in the office of the city clerk within fourteen (14) days after the date of the conclusion of the hearing on the pro- posed amendment pursuant to the published no- tice, which protest is duly signed and acknowl- edged by the owners of twenty (20) percent or more of any property proposed to be rezoned, or by the owners of twenty (20) percent or more of the total area, excepting public streets and ways, located within or without the corporate limits of the city and within two hundred (200) feet of the boundaries of the property proposed to be rezoned, then such amendment shall not be passed except by at least three-fourths vote of all the members of the board of commissioners. (Code 1966, ~ 36-205) 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) Supp. No.6 ~ 42-41 Sec. 42-28-42-39. Reserved. 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 A-I RS R R-l R-2 R-2.5 R-3 MH U C-l C-2 C-3 C-4 C-5 C-6 I-I 1-2 1-3 Title 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-l 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, S 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 2467 ~ 42-41 SALINA CODE herein as the "zoning map", together with every- thing shown thereon, are hereby made a part of this chapter. (b) Area covered. It is the intent of this 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-1 single-family residential district. (Code 1966, ~ 36-301) Sec. 42-42. District boundaries on zoning 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. .eo (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-of-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 asa 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, .~ 36-302) Supp. No.6 Sec. 42-43. Zoning classifications. For the purpose of establishing a table of zon- ing classifications of lesser change for the purpose specified in K.S.A. 12-708 the following is hereby adopted: Number Symbol 1 A-1 2 RS 3 R 4 R-1 5 R-2 6 R-2.5 7 R-3 8 MH 9 U 10 C-1 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 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 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 K.S.A. 12-708. (Ord. No. 85-9065, ~ 1,3-11-85; Ord. No. 87-9187, ~ 2, 5-11-87) Sees. 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 occu- pancy 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 of a structure or land that is designated as a conditional use in any zoning district shall 2468 e e e e e ZONING REGULATIONS hereafter be established, and no existing condi- tional use shall hereafter be changed to another 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 that the following permitted accessory uses will be allowed in any zoning district in connec- tion with any principal use which is permitted: (1) Permitted uses. Permitted accessory uses in- clude, but are not limited to the following: a. A structure for storage incidental to a permitted use, provided no such structure that is accessory to a residential build- ing shall exceed one hundred sixty (160) square feet in gross floor area, the use shall be in keeping with the principal structure, and provided that no such struc- ture is located in the front yard setback; 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, provided that no part of such structure is located in the front yard setback, and provided that such struc- ture shall not contain space for more than two (2) vehicles unless the lot is in excess of six thousand (6,000) square feet in which one additional vehicular space shall be permitted for each additional three thou- sand (3,000) square feet of lot area. For purposes of this section, a vehicular space shall not exceed three hundred sixty (360) square feet. d. A private swimming pool and bathhouse, 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 for guests in an accessory building, provided such facilities are used for the occasional Supp. No.6 2469 ~ 42-58 housing of guests of the occupants of the principal building, and not as rental units, for permanent occupancy as housekeep- ing 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 struc- ture is located in the front yard setback; h. Signs, when permitted by article X of this chapter and by the individual dis- trict regulations; 1. 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 cafeterias, when located in a permitted business, manu- facturing or industrial building; 1. Outdoor storage or overnight parking, in a residential district, of boats, boat trail. ers, or recreational vehicles, 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 adja- cent residential district; m. Wind energy conversion systems (WECS) under the following restrictions: 1. The minimum distance from all zon. ing lot lines to any tower, pole or other support base of the WECS shall be determined by the following table: Setback Distance (feet) 100 165 220 Rotor Diameter (feet) 5 10 15 ~ 42-58 Supp. No.6 SALINA CODE Rotor Diameter (feet) 20 25 30 35 40 Setback Distance (feet) 270 310 340 365 385 2. Intermediate rotor size distances shall be interpolated. The WECS shall not be located in any required yard. The WECS shall not cause interfer- ence to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed sixty (60) dBA in a residential zone. To limit climbing access to a WECS tower, or other support structure, a six (6) foot high fence with locking portal shall be placed around the WECS support 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 con- structed of non-metallic substances. If the applicant can prove, in writ- ten form, that no electromagnetic in- terference will result, a metal con- tent of up to twenty-five (25) percent will be acceptable. The WECS shall be located in com- pliance with the guidelines of the federal aviation regulations with re- gard to airport approach (15.503) and clearance around VOR and DVOR stations. Height of the WECS shall not exceed the maximum height restriction 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 diameter. Data pertaining to the WECS's safety and structural integrity shall be cer- 3. 4. 5. 6. 7. tified by a licensed engineer and filed with the building permit application. The tower or support and top adap- tor shall meet the restrictions speci- fied in the city's building code. 8. The WECS, if interconnected to a utility system, shall meet the require- ments for interconnection and oper- ation as set forth in the electric util- ity's current service regulations appli- cable to WECS. 9. A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within two hun- dred (200) feet of the exterior lot lines. 10. The owner/operator shall provide cov- enants, easements or similar docu- mentation to assure sufficient wind to operate the WECS unless adequate accessability [accessibility] to the wind is provided by the site. 11. The owner/operator shall certify that the WECS does not violate any cov- enants of record. 12. The applicant shall provide a certif- icate of liability insurance. Annually the owner/operator shall present ev- idence to the zoning administrator that the liability insurance is still in effect. (2) Bulk regulations. Accessory structures and uses shall comply with the bulk regulations 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 ex- ists and ten (10) feet when an alley exists; b. Shall maintain a three (3) foot side yard, except that no part of any accessory build- ing 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, unless it is attached to, or forms a part of, such principal structure; 2470 e e e - e ZONING REGULATIONS c. Shall, on corner lots, be set back from the side street a distance not less than that required for the principal structure; d. Fences shall comply with article XII of chapter 8; and e. In no event shall an accessory building or structure be allowed which is larger in size or area than the principal build- ing, structure or use it serves. (3) Use limitations. Accessory structures and uses shall comply with the use regulations appli- cable in the zoning district in which they are located, but no accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is acces- sory. (Code 1966, ~ 36-402; Ord. No. 81-8874, ~ 1,9-14-81; Ord. No. 87-9179, ~ 1,4-13-87) Sec. 42-59. Temporary uses. The following temporary uses of land are per- mitted subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which the use is permitted: (1) Christmas tree sales in any commercial or industrial district for a period not to exceed forty-five (45) days; display of such trees need not comply with the yard and setback require- ments of these regulations provided that no tree shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets; (2) Contractors office and equipment sheds (con- taining no sleeping or cooking accommoda- tions) accessory to a construction project, and to continue only during the duration of such project; (3) Real estate offices (containing no sleeping or cooking accommodations) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development; (4) Seasonal sale of farm produce (including Christ- mas trees) grown on the premises in an A-I Supp. No.6 ~ 42-60 or RS district, to continue for not more than four (4) months per year; structures inciden- tal to such sale need not comply with the applicable front yard requirements if the struc- tures are removed or moved back of required front yard setback line at the end of the sea- son during which they are used; (5) Promotional activities of retail merchants in- volving the display only of goods and mer- chandise that are for sale within the princi- pal structure, conducted outside of such struc- ture for a period of not more than two (2) consecutive weeks in any three (3) month pe- riod provided that: a. No portion of the display shall be on pub- licly owned property unless the applicant shall first have obtained approval for such use from the city; b. No required off-street parking or loading area will be utilized for such display, stor- age or dispensing; c. No food or drink shall be displayed out- side the building except in accordance with standards and prior written approval of the health department; and d. These provisions shall in no way be deemed to authorize the outdoor display of au- tomobiles, trailers and equipment rental or the sale of used furniture, appliances, plumbing, housewares, building materi- als or similar display or sale in any busi- ness district except as otherwise permit- ted by this chapter. (6) Garage sale, as defined, in any residential district limited to three (3) consecutive days in any six (6) month period. Where such sale is conducted on premises exterior to any struc- ture, all sale items shall be removed from such exterior premises within one day follow- ing the day the sale is concluded. (Code 1966, ~ 36-403) Sec. 42-60. Home occupations. A profession or other occupation not otherwise permitted in the district where located, which is conducted as an accessory use on a residential lot 2471 ~ 42-60 SALINA CODE by one or more members of the family residing on c. Day care homes, provided such homes the premises, may be permitted if it conforms to shall have all yard areas enclosed that the following restrictions: are devoted to such use; (1) In the districts where permitted: d. Dressmaker, seamstress, tailor; a. No stock in trade (except articles produced e. Hobby breeder, provided that no more by members of the immediate family re- than ten (10) dogs are kept on the zoning siding on the premises) shall be displayed lot and that the provisions of section 7-102 or sold on the premises; have been complied with; b. No alteration of the principal residential f. Home crafts, provided that no machin- building shall be made which changes ery or equipment shall be used or em- the character thereof as a dwelling; ployed, other than that which would cus- c. No more than twenty-five (25) percent of tomarily be found in the home, including the area of one story of a single-family machinery or equipment that would cus- tomarily be employed in connection with dwelling, nor more than twenty (20) per- a hobby or avocation not conducted for cent of the area of any other dwelling gain or profit; unit, shall be devoted to the home occu- pation, provided, however, that rooms let g. Ministers, rabbis, priests; to roomers are not subject to this limitation; h. Music and dancing teaching limited to a d. No mechanical or electrical equipment single pupil at a time, except for occa- other than normal domestic or household sional groups; equipment shall be used; 1. Office facility for salesman, sales repre- e. No outdoor storage of equipment or ma- sentative, manufacturer's representative, terials used in the home occupation shall when no retail, wholesale, or exchange be permitted; of goods is made or transacted on the f. No person other than a member of the premIses; immediate family occupying such dwell- J. Professional office for physician, dentist, ing unit shall be employed; lawyer, engineer, architect, accountant, The home occupation shall be conducted real estate agent, or similar use. g. entirely within the principal residential (3) Prohibited home occupations. Home occupa- building; tions shall not be deemed to include: h. No exterior sign or display shall be per- a. Automobile repair service; mitted, except one nonilluminated wall sign, not over two (2) square feet in sign b. Funeral homes; area. c. Medical or dental clinics or hospitals; (2) Permitted home occupations. In particular, home d. Nursery schools and group day care cen- occupations may include, but are not limited ters, unless specifically permitted by the to: district regulations; a. Artists, sculptors, authors, composers, e. Renting of trailers, cars or other equipment; photographers; Barber and beauty shops, provided that f. Restaurants; b. only one operator shall be permitted; g. Stables, kennels and animal hospitals; Supp. No.6 2472 e e e ZONING REGULATIONS h. Tourist homes, unless specifically permit- ted by district regulations. (Code 1966, ~ 36-404; Ord. No. 81-8863, ~ 1, 8-3-81) Sec. 42-61. Number of structures and uses on the zoning lot and access to the lot. (a) Not more than one principal residential struc- ture 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 located. (c) No land which is located in a residential district 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) 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) Cross reference-Water and sewers generally, Ch. 41. Sees. 42-63-42-75. Reserved. 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 by used, occupied, arranged or de- signed for use of occupancy: ~ 42-78 (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 specified for the zoning district in which such structure or use of land is located or maintained; (3) Which is smaller in area than the minimum area, or minimum lot area per dwelling 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 re- modeled 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 min- imum 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 per- mits a different minimum setback, front, side or rear yard. The front, side and rear yards shall not be required on zoning lots used for garden pur- poses without structures, or on zoning lots used for open public recreation areas. (Code 1966, ~ 36-501) Sec. 42-78. Restrictions on allocation and dis- position 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 2473 ~ 42-78 SALINA CODE 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 struc- ture 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 thereoD 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. Pennitted obstructions in required yards. The following shall not be considered to be ob- structions 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 perma- nently roofed-over terrace or porch; awnings or canopies; steps thirty-six (36) inches or less above grade which are necessary for access to a permanent structure or for access to a lot from a street or alley; arbors and trellises; flagpoles; and signs, when permitted by arti- cle X of this chapter. (2) In any yard except a front yard. Accessory uses permitted by article IV of this chapter; recreational and laundry drying equipment; and open space and enclosed fences not ex- ceeding 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 obstruction within the mean- ing of this section. (3) In front yards. Open, unenclosed porches pro- jecting eight (8) feet or less and fences on corner or double frontage lots in accordance 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 facilities. Notwithstanding any other provision of this chap- ter, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located: (1) Cable TV poles; (2) Electric and telephone substations and dis- tribution systems; (3) Gas regulator stations; (4) Poles, wires, cables, conduits, vaults, later- als, pipes, mains, valves, or other similar equip- ment for the transmission of electricity, gas or water; (5) Pumping stations; (6) Radio, television and microwave transmitting or relay stations and towers; (7) Transformer stations; (8) Water towers or standpipes; (9) Any other similar use. (Code 1966, ~ 36-504) 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) Sees. 42-82-42-100. Reserved. ARTICLE VI. DISTRICT REGULATIONS DIVISION 1. GENERALLY Sees. 42-101-42-110. Reserved. DIVISION 2. A-1 AGRICULTURAL DISTRICT Sec. 42-111. Design. The A-1 district is designed to reflect the pat- tern of land uses that are found in the rural areas of the city. (Code 1966, ~ 36-600) 2474 e e - ZONING REGULATIONS 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; e. - f. g. h. e Supp. No.2 ~ 42-112 1. 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 nunnenes; 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) 2475 ~ 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 residcl1tial 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, ~ 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, ~ 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: 1. 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 e ZONING REGULATIONS DIVISION 3. RS SINGLE-F AMIL Y RESIDENTIAL SUBURBAN DISTRICT Sec. 42-126. Design. The RS district is designed for single-famil; dwellings and compatible uses, at a density not less than one acre per dwelling unit (1 unitiacre). (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; Parks and playgrounds; Accessory and temporary uses and home occupations, as permitted by article IV of this chapter; Signs, as permitted by article X of this chapter; 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) e (5) (6) (7) (8) e e Sec. 42-128. Conditional uses. Conditional uses in the RS 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; Supp. No.7 ~ 42.130 (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 secondary; (8) S\\'imming 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, ~ 36-60lf3)) 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) 2477 ~ 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 hundreu (l00l 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 OO! 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 (l0l 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, ~ 36-601141; 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-FAMILY 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; (2) 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 chapt:€r; (8) Off-street parking and loading, as required by article XI of this chapter. (Code 1966, ~ 36-602(1); Ord. No. 80-8796, S 5, 7-7-80l 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 e -- e ZONING REGULATIONS (7) Schools: primary. intermediate and secondaJy; (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 (15,0001 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 (701 feet. c. All other permitted and conditional uses: one hundred (1001 feet. (31 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: l1J Maximum structure height: thirty-five (35) feet. (2) Yard requirements: a. Front yard: Supp. No.7 2479 ~ 42.145 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 (251 feet from the property line or fifty.five (55) feet from the cen. tel' 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. Ill. 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 structw-e 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 structw-e, provided that the front yard so affected does not abut an arterial street with right-of-way less than one hundred (l00) 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-l SINGLE-FAMILY RESIDENTIAL DISTRICT Sec. 42-156. Design. The R-l 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 0.26 unit.s;acreJ. (Code 1966, S 36-603) Sec. 42-157. Permitted uses. Permitted uses in the R-l district are as follows: (1) Dwellings, single-family detached: i 2) Family-care facilities; (31 Golf courses, but not including accessory clubhouses, or golf driving ranges, pitch and putt or miniature golf courses: 14) Home occupations; 151 Parks and playgrounds; i 61 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; 181 Off-street parking and loading, as required by article XI of this chapter. ICode 1966. ~ 36-603(1); Ord. No. 80-8796, ~ 7. 7-7.80l Sec. 42-158. Conditional uses. Conditional uses in the R-1 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 ill) 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 nurs- iJ1g 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 3 landscape plan or screening plan, if nec. essary, is first approved by the planning commlSSlOn: 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, 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, ~ 36-603(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 e e - e ZONING REGULATIONS 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 thou- sand (6,000) 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: 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 ex- isting 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) Sec. 42-160. Bulk regulations. Bulk regulations in the R-1 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 require- ments regardless of whether it is a front, side, or rear yard, or any com- bination 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 Supp. No.7 2481 ~ 42-160 fifty-five (55) feet from the cen- ter line, whichever is greater. 111. 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: 1. The adjacent property to be matched has not been granted a variance for front yard setback. 11. Neither adjacent land use is used for nonresidential purposes. 111. 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. 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 op- erating such a facility: seven and five- tenths (7.5) feet on each side of the zoning lot. 3. All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except acces- ~ 42-160 SALINA CODE sory uses which shall be permitted and governed by article IV of the chapter. c. Minimum rear yard: twenty-five (25) per- cent 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 MUL TIPLE-F AMIL Y RESIDENTIAL DISTRICT Sec. 42-171. Design. The &-2 district is designed to provide for multiple- family development at a minimum of three thou. sand (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/aCfl~). (Code 1966. ~ 36-604) Sec. 42-172. Permitted uses. Permitted uses in the R-2 district are as follows: (1) Dwellings: a. Single-family; b. Two-family; c. Multifamily; d. Rooming and boardinghouses. (2) Family-care facilities; (3) Golf courses, but not including accessory clubhouses or commercial golf driving rang. es, pitch and putt or miniature golf courses; (4) Home occupations; (5) Parks and playgrounds; (6) Accessory and temporary uses, as permit- ted 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) Supp. No.7 Sec. 42-173. Conditional uses. Conditional uses in the &-2 district are as follows: (1) Armories; (2) Churches, chapels, temples, synagogues, ca. thedrals and shrines; (3) Group-care facilities; (4) 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; (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 nurs- ing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street; (7) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (8) Pharmacies when located in a medical or dental office building, provided they can be entered only from an interior lobby or hall- way and that there is no advertising or display visible from the exterior of the structure; (9) Professional offices of doctors, dentists, at- torneys, accountants and other similar professions; (10) 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 ~tations; d. Pumping stations; 2482 e e e - e ZONING REGULATIONS e. Substations; f. Water towers and standpipes. (11) Schools: primary, intermediate and secondary; (2) Swimming clubs, tennis clubs and clubhouses 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, ~ 4, 11-14-88) Sec. 42.174. wt size requirements. Lot size requirements in the R.2 district are as follows: (1) Minimum lot area: a. Single.family detached dwellings: six thou- sand (6,000) square feet. b. Single-family attached or two-family dwell- ings: not less than three thousand (3,000) square feet per family. c. Group day care centers located in an ex- isting 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 11. Single-family attached or two-family dwelling: three thousand (3,000) square feet per family. d. Multifamily: three thousand (3,0001 square feet per family but not less than six thou- sand (6,000) square feet. e. Other permitted and conditional uses: fif- teen thousand 05,000) square feet. (2) Minimim lot width: a. Single-family dwellings: fifty (50) feet. b. Two-family dwelling: fifty (501 feet. c. Group day care centers located in an ex- isting 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. Supp. No.7 ~ 42-175 d. Multiple-family dwellings and other per- mitted and conditional uses: sixty (601 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) Sec. 42-175. Bulk regulations. Bulk regulations in the R-2 district are as follows: (1) Maximum structure height: fifty (50) feet ex- cept as provided in subsection (2)b.3. (2) 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: 1. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the cen- ter 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 properly 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: 1. Residential buildings: seven and five- tenths (7.5) feet on each side of the 2483 ~1217S SAUNA CODE zoning lot, except that residential build- ings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (0) feet on the side of the build- ing on which such entrances are located. 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: 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 (0) feet on the side of the building on which such en- trances are located. 3. All other permitted and conditional uses shall have a side yard on each side of twenty (20l feet, except acces- . sory 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 i feel. c. Minimum rear yard: twenty-five 1251 feet. (3) Maximum lot coverage: forty (40) percent. (Code 1966, S 36-604(4); Ord. No. 84-9003, S 5, 1-13-84; Ord. No. 85-9116, S 7, 12-23-85; Ord. No. 86-9142, S 3, 7-21-86; Ord. No. 87-9209, S 3, 9-28-87) Sees. 42-176-42-185. Reserved. DIVISION 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 (6,000l square feet in area (21.8 units/acre). (Code 1966, S 36-604A) Supp. No.7 Sec. 42-187. Permitted uses. Permitted uses in the R-2.5 district are as follows: (1) Dwellings: a. Single-family; b. Two-family; c. Multiple-family; d. Rooming and boardinghouses. (2) Family-care facilities; (3) Golf courses, but not including accessory clubhouses or commercial golf driving rang- es, pitch and putt or miniature golf courses; (4) Group-care facilities; (5) Home occupations; (6) Parks and playgrounds; (7) Accessory and temporary uses, as permit- ted 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, S 36-604A(I); Ord. No. 80-8796, S 11, 7-7-80l Sec. 42-188. Conditional uses. Conditional uses in the R-2.5 district are as follows: (1) Armories; (2) Churches, chapels, temples, synagogues, ca- thedrals and shrines; (3) Group day-care centers providing care for no more than twelve (12) children in an occupied dwelling, fifteen (15) children in an unoccupied dwelling or with no maxi- mum limitation if located in a nonresiden- tial building; (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 nurs- ing homes, provided that they shall be 2484 e e e e e ZONING REGULATIONS screened from adjacent residential property and shall be located on an arterial street; (6) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (7) 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 hundred fifty (150) feet except as provided in subsection (9)b.2. 2. Minimum yard requirements: i. Front yard: thirty (30) feet on all sides abutting a street. 11. Side yard: fifteen (15) feet ex- cept there shall be an additional side yard setback of one foot for each two (2) feet of height over fifty (50) feet. 111. Rear yard: twenty-five (25) feet. (8) Pharmacies when located in a medical or dental office building, provided they can be entered only from an interior lobby or hall- way and that there is no advertising or display visible from the exterior of the structure; (9) Professional offices of doctors, dentists, at- torneys, accountants and other similar professions; (10) 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. Supp. No.7 ~ 42-189 (11) Schools: primary, intermediate and second- ary; (12) Swimming clubs, tennis clubs and clubhouses accessory to golf courses; (13) 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) 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 thou- sand (6,000) square feet. b. Single-family attached or two-family dwell- ings: not less than three thousand (3,000) square feet per family. c. Group day care centers located in an ex- isting 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 11. 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 thou- sand (6,000) square feet. e. Other permitted and conditional uses: fif- teen 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 ex- isting 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. 2485 ~ 42-189 SALINA CODE d. Multiple-family dwellings and other per- mitted 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 follows: (1) Maximum structure height: seventy-five (75) feet except as provided in subsection (2)b.3. (2) Yard requirements: a. Front yard: 1. Property located adjacent to the fol- lowing various types of streets shall maintain the following yard reguire- ments regardless of whether it is a front, side, or rear yard, or any com- bination thereof: 1. Residential street: twenty.five (25) feet from the property line or flfty-five (55) feet from the cen- ter 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: 1. Residential buildings: seven and five- tenths (7.5) feet on each side of the Supp. No.7 wning lot, except that residential build- ings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (0) feet on the side of the build- ing on which such entrances are located. 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: 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 a minimum side yard often (10) feet on the side of the building on which such entrances are located. 3. All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet. except acces- sory uses which shall be permitted and governed by article IVaI' the chapter. 4. There shall be an additional side yard setback of one foot for each two (2 i feet of height o\-er forty (401 feet. c. Minimum real' 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-:~1-86; Ord. No. 87-9210. ~ 3, 9-28-87) Sees. 42-191-42-200. Reserved. DIVISION 8. R-3 MUL TIPLE-F AMIL Y RESIDENTIAL DISTRICT Sec. 42-201. Design. The R-3 district is designed to provide for multiple family development at a minimum of one thou sand n,OOO) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area (436 units/acre!. (Code 1966, 9 36-605) Sec. 42-202. Permitted uses. Permitted uses in the R-3 district are as follows: 2486 e e e e e ZONING REGULATIONS (1) Dwellings: a. Single-family; b. Two-family; c. Multiple-family; d. Rooming and boardinghouses. (2) Family-care facilities; (3) Golf courses, but not including accessory clubhouses or commercial golf driving rang. es, pitch and putt or miniature golf courses; (4) Group-care facilities; (5) Home occupations; (6) Parks and playgrounds; (7) Accessory and temporary uses, as permit- ted by article IV of this chapter; (8) Signs, as pennitted by article X of this chapter; (9) OfT-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 follows: ( 1) Armories; (2) Churches, chapels, temples, synagogues, ca- thedrals and shrines; (3) Group day-care centers providing care for no more than twelve (12) children in an occupied dwelling, fifteen (15) children in an unoccupied dwelling or with no maxi- mum limitation if located in a nonresiden- tial building; (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; (51 Hospitals, sanitariums, rest homes, and nurs- ing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street; (6) Mortuaries and funeral homes; including crematories, providing that such facility is Supp. No.7 ~ 42-203 completely enclosed and that no odor or noise is discernible outside the structure; m 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 pro- vided in subsection (7)b.2.ii. 2. Minimum yard requirements: i. Front yard: thirty (30) feet on all sides abutting a street. H. Side yard: fifteen (15) feet ex- side yard setback of one foot for each two (2) feet of height over fifty (50) feet. HI. Rear yard: twenty-five (25) feet. (8) Pharmacies when located in a medical or dental office building, provided they can be entered only from an interior lobby or hall- way and that there is no advertising or display visible from the exterior of the structure; (9) Professional offices of doctors, dentists, at- torneys, accountants and other similar professions; (10) 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. !II) Schools: primary, intermediate and secondary; (12) Swimming clubs, tennis clubs and clubhouses accessory to golf courses; 2487 ~ 42-203 SALINA CODE (13) YMCA, YWCA and other similar uses, as defined in this chapter. (Code 1966, ~ 36-605(2); Ord. No. 80-8796, ~ 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) 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 thou- sand (6,000) square feet. b. Single-family attached or two-family dwell- ings: not less than three thousand (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 ex- isting 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: fif- teen thousand (15,000) square feet. (2) Minimum lot width: a. Single-family dwellings: fifty (50l feet. b. Two-family dwelling: fifty (50l feet. c. Group day care centers located in an ex- isting 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 per- mitted and conditional uses: sixty (60) feet. Supp. No.7 (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 follows: (1) Maximum structure height: seventy-five (75) feet except as provided in subsection (2)b.3. (2) 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: 1. Residential street: twenty-five (25) feet from the property line or fifty-five 155) 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. 1I1. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center hne, 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: 1. Residential buildings: seven and five- tenths (7.5) feet on each side of the zoning lot, except that residential 2488 - e e e e e ZONING REGULATIONS ~ 42-205 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 one or more members of the family op- erating 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 a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. 3. All other permitted and conditional uses shall have a side yard on each Supp. No.7 2488.1 - e e e - e . ZONING REGULATIONS ~ 42-219 side of twenty (20) feet, except acces- sory 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 a dis- trict in which the density of development will remain relatively low. Two (2) subdistricts are created within the manufactured home district, "MH-S" (manufactured home - subdivision) and "MH-P" (manufactured home - park). In the "MH- S" district all manufactured homes are to be placed on owner-occupied zoning lots. The "MH-P" dis- trict does not allow individual manufactured homes to be placed on individual zoning lots. No manu- factured home subdivision or park shall be per- mitted, except when served by an approved sani- tary sewer and water supply system. (Code 1966, ~ 36-606; Ord. No. 81-8851, ~ 1, 6-8-81; Ord. No. 87-9183, ~ 1,5-11-87) Sec. 42-217. MH-S Manufactured home sub- divisions-Permitted uses. Permitted uses in the MH-S district are as follows: (1) Dwellings, single-family detached; (2) Family-care facilities; (3) Golf courses, but not including accessory clubhouse, or golf driving range, pitch and putt or miniature golf courses; '"Cross reference-Mobile homes and trailers generally, Ch.22. Supp. No.6 (4) Home occupations; (5) Manufactured homes; (6) Accessory and temporary uses as permit- ted 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, ~ 36-606(1); Ord. No. 81-8851, ~ 1,6-8-81; Ord. No. 87-9183, ~ 1,5-11-87) 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 facilities; (4) Hospitals, sanitariums, rest homes and nurs- ing homes; (5) 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. (6) Schools: primary, intermediate and secondary; (7) Swimming clubs, tennis clubs and clubhouses accessory to golf courses; (8) YMCA, YWCA and other similar uses, as defined in this chapter. (Code 1966, ~ 36-606(2); Ord. No. 81-8851, ~ 1,6-8-81; Ord. No. 87-9183, ~ 1,5-11-87) Sec. 42-219. Same-Use regulations. (a) The tract to be used for a manufactured home subdivision shall not be less than four (4) 2489 ~ 42-219 SALINA CODE acres in area, unless it is an extension of or addi- tion to an existing manufactured home subdivision. (b) All manufactured homes shall comply with the following requirements; (1) Each manufactured home shall be placed on a full perimeter, permanent foundation with running gear and tongue removed. (2) Each manufactured home shall be secured with over-the-top tie-downs spaced per Kan- sas Statutes. (3) Permanent connections shall be made to all utilities. (4) Each manufactured home placed within the district shall be in compliance with the United States Department of Housing and Urban De- velopment Manufactured Home Construction and Safety Standards. (Code 1966, ~ 36-606(3); Ord. No. 81-8851, ~ 1,6-8-81; Ord. No. 87-9183, ~ 1, 5-11-87) Sec. 42-220. Same-Lot size requirements. Lot size requirements in the MH-S district are as follows: (1) Minimum lot area: a. Single-family detached dwellings and man- ufactured homes: six thousand (6,000) 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: six thousand (6,000) square feet. c. Other permitted and conditional uses: fif- teen thousand (15,0001 square feet. (2) Minimum lot width: a. Single-family detached dwellings and man- ufactured homes: sixty (60) feet. Group day care centers located in an ex- isting structure resided in by one or more members of the family operating such a facility: sixty (60) feet. All other permitted and conditional uses: One hundred (1001 feet. b. Supp. No.6 (3) Minimum lot depth: eighty (80) feet. (Code 1966, ~ 36-606(3); Ord. No. 81-8851, ~ 1, 6-8-81; Ord. No. 85-9116, ~ 12, 12-23-85; Ord. No. 87-9183, ~ 1,5-11-87) Sec. 42-221. 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 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 sixty-five (65) feet from the cen- ter line, whichever is greater. Ill. 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 or mo- 2490 e e e - e ZONING REGULATIONS ~ 42-224 bile home 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 setback. 11. Neither adjacent land use is used for nonresidential purposes. 111. 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. b. Minimum side yard: 1. Residential buildings: ten (10) 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 a facility: ten (10) feet on each side of the zoning lot. 3. All other permitted and conditional uses: twenty-five (25) feet on each side of the zoning lot, except acces- sory uses which shall be permitted and governed by article IV of the chapter. c. Minimum rear yard: twenty-five (25) per- cent of the depth of the lot but need not exceed thirty (30) feet. (3) Maximum lot coverage: thirty (30) percent. (Code 1966, S 36-606(3); Ord. No. 81-8851, S 1,6-8-81; Ord. No. 84-9003, S 8,2-13-84; Ord. No. 85-9116, S 13, 12-23-85; Ord. No. 86-9142, S 6, 7-21-86; Ord. No. 87-9183, S 1,5-11-87) Cross reference-Placement of mobile homes, ~ 22-17. Sec. 42-222. MH-P Manufactured home parks- Permitted uses. Permitted uses in the MH-P district are as follows: (1) Manufactured homes; (2) Customary accessory uses, such as laundry facilities, manager's office, clubhouse, com- munity buildings, etc.; Supp. No.6 _ (3) Parks and playgrounds. (Code 1966, S 36-606(1); Ord. No. 81-8851, S 1,6-8-81; Ord. No. 87-9183, S 1, 5-11-87) Sec. 42-223. Same-Conditional uses. Conditional uses in the MH-P district are as follows: (1) Campgrounds, subject to the regulations speci- fied in section 42-224(b) and (cl, (21 Churches, chapels, temples, synagogues, ca- thedrals and shrines; (3) Schools: primary, intermediate and secondary. (Code 1966, S 36-606(2); Ord. No. 81-8851, S 1,6-8-81; Ord. No. 87-9183, S 1,5-11-87) Sec. 42-224. Same-Use regulations. (a) The applicant for a manufactured home park shall prepare, or cause to be prepared, a manu- factured home park plan, which shall accompany the application for amendment to the MH-P dis- trict. Such plan shall be drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and two (2) copies of the plan shall accom- pany the application. Such plans shall comply with the following minimum requirements: (1) The tract to be used for a manufactured home park shall not be less than two (2) acres in area, unless it is an extension of or addition to an existing park, and shall be permitted only when served by a sanitary sewer and water supply system approved in accordance with city health regulations. (2) A manufactured home park shall not be used for other than residential purposes. (3) Contours shall be indicated on the plan. (4) The park shall be located on a well-drained site, properly graded to insure rapid drain- age and freedom from stagnant pools of water: (5) Manufactured home parks hereafter approved shall have a minimum area of five thou- sand (5,000) square feet per mobile home, exclusive of streets and rights-of-way. Each manufactured home space shall provide a 2491 ~ 42-224 SALINA CODE minimum area of four thousand five hun- dred (4,500) square feet. (6) Each manufactured home park shall devote a minimum of five hundred (500) square feet per manufactured home space for re- creational or open area. This recreational or open area may be included in each manu- factured 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. A min- imum of fifty (50) percent of the separate recreational or open space area shall be constructed or provided prior to the devel- opment of one-half (lh) 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 developed. (7) Each manufactured home 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 minimum width of forty-five (45) feet. (8) All structures shall maintain the following minimum setbacks: a. Residential or private streets: twenty- five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. b. Collector street: twenty-five (25) feet from the property line or sixty-five (65) feet from the center line, whichever is greater. c. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. d. "MH-P" district boundary: fifty (50) feet from the boundary of any other zoning district unless: 1. The boundary is common to a pub- lic street, in which case the set- backs specified in subsections (aX8Xa., b., and c.) shall apply; or unless Supp. No.6 2. Sight obscuring screening of not less than six (6) feet in height is provided along the district bound- ary, in which case a setback of twenty- five (25) feet is required. (9) All manufactured homes shall be located so as to maintain a clearance of not less than twenty (20) feet from another manu- factured home or appurtenance thereto, ex- cept when placed end-to-end there shall be a minimum separation of twelve (12) feet. No manufactured home shall be located closer than twenty-five (25) feet from any build- ing within the park, other than accessory buildings located on the same space. (10) All manufactured home spaces shall front upon an improved roadway of not less than twenty-four (24) feet in width, provided, how- ever, that if parking is permitted on the street, the minimum improved width shall be increased to thirty-two (32) feet. (11) All roadways shall be surfaced with asphalt, concrete, rock, gravel, or suitable substi- tute and adequately lighted. (12) All weather-surfaced walks shall be provided between required parking areas and the structure each area serves. (13) Vented storm shelters shall be provided in a central or other convenient location at a rate of eighteen (18) square feet per mobile home space. (14) Structures shall not exceed thirty-five (35) feet in height. (b) The applicant for a campground shall pre- pare or cause to be prepared a preliminary camp- ground plan, drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and three (3) copies of the plan shall be submitted to the board of zoning appeals for its review and rec- ommendations. 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 a sanitary sewer and water supply system 2492 e e e - e ZONING REGULATIONS approved in accordance with city health regulations. (2) Campgrounds shall, under no circumstances, be utilized for the occupancy of manufac- tured homes. (3) Contours shall be indicated on the plan. (4) The campground shall be located on a well- drained site, properly graded, where nec- essary, to insure rapid drainage and free- dom 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 use or zoning district other than "A-I". The suitability of said screening shall be deter- mined by the board of zoning appeals. (6) A minimum setback of fifty (50) feet must be maintained along all boundaries of the campground unless the boundary is com- mon to a public street. (7) Service buildings shall be provided at a rate of one for each one hundred (100) camp- ing spaces. Each service building shall: a. Be located in a reasonably central lo- cation within the campground; b. Be of permanent construction; c. Have one flush-type toilet, one lavato- ry, and one shower or bathtub for fe- males; and one flush-type toilet, one lavatory, and one shower or bathtub for males for each thirty (30) camping spaces. All lavatories, bathtubs, and showers shall be connected with both hot and cold running water; d. Have an accessible, adequate, safe and potable supply of cold water; e. Comply with all applicable chapters of the building code regarding the construc- tion of buildings and the installation 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 menace the health of any oc- cupants or the public or will constitute a menace. Supp. No.6 S 42-236 (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. (c) Upon approval of the preliminary campground plan by the board of zoning appeals, the applicant shall prepare and submit three (3) copies of a final campground plan, which shall incorporate any changes or alterations requested, to the sec- retary of the board of zoning appeals. Upon the determination by the secretary that the final camp- ground plan accurately reflects the desires of the board of zoning appeals, an approved copy shall be forwarded, within seven (7) days, to the zoning administrator, who may issue the required per- mits upon proper application. (Code 1966, ~ 36-006(3); Ord. No. 81-8851, ~ 1,6-8-81; Ord. No. 87-9183, ~ 1,5-11-87) Sec. 42-225. Compliance. The manufactured home subdivision, park or campground shall be in compliance with this di- vision and all other applicable regulations of the city or the state. (Code 1966, ~ 36-606(4); Ord. No. 81-8851, ~ 1,6-8-81; Ord. No. 87-9183, ~ 1,5-11-87) Sec. 42-226. 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 ac- tion and hold a public hearing to rezoning the . property back to a more appropriate zoning dis- trict. (Code 1966, ~ 36-606(5); Ord. No. 81-8851, ~ 1,6-8-81; Ord. No. 87-9183, ~ 1,5-11-87) Sees. 42-227-42-235. Reserved. DMSION 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- 2492.1 ~ 42-236 SALINA CODE 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 located in a residential district; and (2) To permit the establishment of the types of uses which ordinarily cluster about a univer- sity, but which are not located on university 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 offices, class- rooms, laboratories, chapels, auditoriums, 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 research organizations 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 follows: (1) Private or public parking lots or garages op- erated for profit or not for profit, provided that there shall not be any accessory or per- mitted uses in conjunction with such use, and that no parking garage shall exceed 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 Supp. No.6 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 otherwise 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 requirement. b. Structures providing lodging rooms for unmarried students: three hundred sev- enty-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 district with which the university district is combined. (2) Minimum lot width: a. Colleges, universities, and theological school structures: no minimum requirement. b. All other permitted and conditional uses shall comply with the minimum lot width required in the residential district with which the university district is combined. (3) Minimum lot depth: a. Colleges, universities, and theological school structures: no minimum requirement. b. All other permitted and conditional uses shall comply with the minimum lot depth required in the residential district with which the university district is combined. (Code 1966, ~ 36-607(3)) Sec. 42-240. Bulk regulations. Bulk regulations in the U district are as follows: (1) When the university district regulations are applied in combination with the restrictions 2492.2 e e e - e ZONING REGULATIONS 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, Ii 36-607(4)) Sees. 42-241-42-250. Reserved. DIVISION 11. C-l RESTRICTED BUSINESS DISTRICT Sec. 42-251. Design. The C-l 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-l 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 ~ 42-252 (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, Ii 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-1 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. lll. 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: 1. 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. Ill. 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 e e e - e ZONING REGULATIONS c. Minimum rear yard: twenty-five (25) feet. (3) Maximum lot coverage: thirty (30) percent. (Code 1966, S 46-608(4); Ord. No. 84-9003, S 9,2-13-84; Ord. No. 9142, S 7,7-21-86) Sec. 42-256. Use limitations. Use limitations in the C-1 district are as follows: (1) All business, service, storage and display of goods shall be conducted within a completely 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; how- ever, if the property actually utilized for per- mitted 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. (4) Off-street parking and loading areas associ- ated with the uses permitted in this district shall not be permitted in any required front yard. (Code 1966, ~ 36-608(5); Ord. No. 84-9002, ~ 1, 2-13-84) Secs. 42-257--42-265. Reserved. DIVISION 12. C-2 NEIGHBORHOOD SHOPPING DISTRICT Sec. 42-286. 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 residen- tial neighborhoods. (Code 1966, ~ 36-609) Sec. 42-267. Permitted uses. Permitted uses in the C-2 district are as follows: (1) Apparel stores; (2) Banks and financial institutions; Supp. No.7 9 42-267 (3) Barbershops; (4) Beauty shops; (5) Bicycle shops; (6) Business and professional offices; (7) Churches, chapels, temples, synagogues, ca- thedrals and shrines; (8) Dry cleaning and laundry receiving stations where no processing or cleaning of clothing is done on the premises; (9) Florist shops; (10) Food stores, including grocery stores, meat markets, bakeries and delicatessens; (11) Gift shops and variety stores; (12) 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. (13) Hardware stores; (14) Medical and dental clinics, and guidance centers; (15) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (16) Package liquor stores; (17) Pharmacies; (18) Public utility uses including substations and ambulance services; (19) Restaurants, with or without drive-up win- dow service, other than drive-in establish- ments; (20) Self-service laundry and dry cleaning es- tablishments; (21) YMCA, YWCA, and other similar organi- zations; (22) 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; 2495 ~ 42-267 SALINA CODE (23) Accessory and temporary uses, as permit- ted by article IV of this chapter; (24) Signs, as permitted by article X of this chapter; (25) 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) Sec. 42-268. Conditional uses. Conditional uses in the C-2 district are as follows: (1) Bus stations; (2) Gasoline service stations and tire, battery and automobile accessory stores, only if the de- sign of the entrance and exit drives to such service stations or stores will not create haz- . ards for vehicular or pedestrian traffic or con- gestion in adjacent streets; (3) Multiple-family dwellings provided they shall be governed by the R-3 multiple-family resi- dential district requirements. Such require- ments shall include consideration of density, yards, off-street parking, lot coverage and all other requirements for multifamily development as required in the R-3 district, except there shall be one additional foot of setback for each two (2) feet of height over thirty-five (35) feet; (4) Research laboratories; (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 transmis- sion equipment structures. (Code 1966, ~ 36- 609(2)) 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. Supp. No.7 (2) Minimum lot depth: one hundred (100) feet. (3) Minimum zoning area: one acre, unless con- tiguous to or within two hundred (20Oi feet of a similar zoning district. The minimum zon- ing area may not be varied by more than ten (10) percent. (Code 1966, ~ 36-609(3)) 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 fol- lowing various types of streets e:hall 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 (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. Ill. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. 2. Wnen 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 alll.emaining bulk regulations. b. Side yard: none required, except when a side yard in this district abuts a residen- tial district a side yard of fifteen (15) feet shall be provided. 2496 e e e - e ZONING REGULATIONS c. Rear yard: none required, except when a rear yard in this district abuts a residen- tial district a rear yard offUleen (15) 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: thirty-five (35) per- cent. (Code 1966, ~ 36-609(4); Ord. No. 83-8970, 9 1, 8-22-83; Ord. No. 84-9003, S 10, 2-13-84; Ord. No. 86-9142, S 8,7-21-86) Sec. 42-271. Use limitations. Use limitations in the C-2 district are as follows: (1) All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the prem- ises shall be sold at retail on the premises where produced. (2) All business, service, storage and display of goods shall be conducted within a completely enclosed building, except that an area equiv- alent 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 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 hundred (l00) 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) Supp. No.7 ~ 42-282 Sees. 42-272-42-280. Reserved. DIVISION 13. C-3 SHOPPING CENTER DISTRICT See. 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 primar- ily consist of specialty shops and stores. (Code 1966, S 36-610) Sec. 42-282. Permitted uses. Permitted uses in the C-3 district are as follows: (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; (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; (9) Beauty shops; (10) Bicycle shops; (11) Blueprinting and photostating establish- ments; (12) Bookstores; (13) Business and professional offices; (14) Camera and photographic supply stores; (15) Carpet and rug stores; (16) China and glassware stores; (17) Churches, chapels, temples, synagogues, ca- thedrals and shrines; (18) Department stores; 2497 ~ 42-282 SALINA CODE (19) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (20) Dry cleaning establishments; (21) Drygoods stores; (22) Florist shops; (23) Food stores, including grocery stores, meat markets, bakeries, and delicatessens; (24) Furniture stores; (25) Furrier shops, including the incidental stor- age and conditioning of furs; (26) Gasoline service stations; (27) Gift shops; (28) Governmental buildings; (29) 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. (30l Hardware stores; (31) Hobby shops; (32) Hotels and motels; (33) Interior decorating shops, including uphol- stering, making of draperies, slipcovers and other similar articles which are conducted as a part of, or secondary to, a retail operation; (34) Jewelry stores; (35) Leather goods and luggage stores; (36) Mail-order houses; (37) Medical and dental clinics, and guidance centers; (38) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (39) Music stores and musical instrument sales and repair; (40) Newsstands; (41) Optical sales; Supp. No.7 (42) Package liquor stores; (43) Paint and wallpaper stores; (44) Pet grooming shops; (45) Pet stores; (46) Pharmacies; (47) Physical and health services such as pri- vate gymnasiums ana reducing salun;:;, (48) Private clubs (clubs and organizations, and fraternal and service clubs as defined only); (49) Printing plants; (50) Public utility uses including substations and ambulance services; (51) Radio and television broadcasting stations; (52) RecordIng studios; (53) Research laboratories; (54) Restaurants, with or without drive-up win- dow service, other than drive-in establish- ments; (55) Restricted production and repair limited to the following: Alteration and custom tail- oring of clothing for retail sale only; jew- elry from precious metal; watches; dentures; optical lenses; and other similar activities; (56) Schools: music, dance or business; (57) Self-service laundry and dry cleaning estab- lishments; (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) Tailors; (61) Telephone exchanges and telephone trans- mission equipment structures; (62) Theatres, indoor only; (63) Travel bureaus and transportation ticket offices; (64) Variety stores; 2498 e e e - e ZONING REGULATIONS ~ 42-285 (65) Any other similar retail business not spe- cifically listed is permitted if it complies with the conditions and the restrictions con- tained in section 42-286 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) 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 resi- dential district requirements. Such require- ments shall include consideration 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; (5) 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 (5)b.2.ii. 2. Minimum yard requirements: i. Front yard: thirty (30) feet on all sides abutting a street. Supp. No.7 11. 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. lll. 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 dis- trict. The minimum zoning area may not be var- ied by more than ten (10) percent. (Code 1966, ~ 36-610(3)) Sec. 42-285. Bulk regulations. Bulk regulations in the C-3 district are 88 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 require- ments regardless of whether it is a front, side, or rear yard, or any com- bination thereof: i. Residential n-eet: twenty-five (25) feet from the property line or fifty-five (55) feet from the cen- ter line, whichever is greater. ii. Collector street: twenty-five (25) feet from the property line or sixty-five (65) 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- 2499 ~ 42.285 SALINA CODE 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: none required, except when a side yard in this district abuts a residen- tial district a Bide yard of fIfteen (15) feet shall be provided. c. Rear yard: none required, except when a rear yard in this district abuts a residen- tial district a rear yard of fIfteen (15) 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: 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) Sec. 42-286. Use limitations. Use limitations in the C-3 district are as follows: (1) All business establishments shall be retail or service establishments dealing directly with the consumer. All goods produced on the prem- ises shall be sold at retail on the premises where produced. (2) All business, service, storage and display of goods shall be conducted within a completely 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 department or grocery store which may have outdoor display and sales of plants, nursery stock Supp. No.7 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 build- ing 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 circulation 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 build- ing. 3. The area used for outdoor service, display and sales shall be calculated as floor area in determining the num- ber of required off-street parking spaces. (3) No business establishment shall offer or sell food or beverages for consumption on the prem- ises 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. (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; how- ever, if the property actually utilized for per- mitted 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, S 36-610(5); Ord. No. 84-9002, ~ 3,2-13-84; Ord. No. 88-9264, S 1, 8-1-88) Sees. 42-287-42-300. Reserved. 2500 e ZONING REGULATIONS ~ 42-302 DIVISION 14. C-4 CENTRAL BUSINESS (24) Electrical contractors; DISTRICT (25) Electronic parts and supplies; e Sec. 42-301. Design. (26) Florist shops; The C-4 district is designed to provide a district (27) Food stores, including grocery stores, meat for a broad range of retail shopping facilities. markets, bakeries, and delicatessens; (Code 1966, ~ 36-611) (28) Fraternal ~nd service dubs; Sec. 42-302. Permitted uses. (29) Furniture stores; Permitted uses in the C-4 district are as follows: (30) Furrier shops, including the incidental stor- (1) Antique shops; age and conditioning of furs; (2) Apparel stores; (31) Gasoline service stations; (3) Appliance stores; (32) Gift shops; (4) Art galleries, libraries and museums; (33) Governmental buildings; (5) Auditoriums and community theatres; (34) Group day-care centers provided that such use shall be separated from any commer- (6) Automobile sales, rental and service; cial or industrial use in accordance with (7) Auto parts stores; the requirements of the city's adopted build- ing code. e (8) Banks and financial institutions; (35) Hardware stores; (9) Barbershops; (36) Hobby shops; (10) Beauty shops; (37) Hospitals, sanitariwns, rest homes, and nurs- (11) Bicycle shops; ing homes, providing that parking is pro- vided in accordance with section 42-553; (12) B1ueprinting and photostating establish- ments; (38) Hotels and motels; (13) Bookstores; (39) Interior decorating shops, including uphol- stering, making of draperies, slipcovers and (14) Bus stations; other similar articles which are conducted (15) Business and professional offices; as a part of, and secondary to, a retail operation; (16) Camera and photographic supply stores; (40) Jewelry stores; (17) Carpet and rug stores; (41) Leather goods and luggage stores; (18) China and glassware stores; (42) Mail-order houses; (19) Contractor's offices;. (43) Mechanical contractors; (20) Department stores; (44) Medical and dental clinics, and guidance (21) Dog kennels, providing that such facilities centers; - are completely enclosed and that no odor or (45) Mini-warehouses; noise is discernible outside the structure; (46) Mortuaries and funeral homes; including (22) Dry cleamng establishments; crematories, providing that such facility is e (23) Drygoods stores; Supp. No.7 2501 ~ 42-302 SALINA CODE 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; (63) Public utility uses including substations and ambulance services; (64) Radio and television broadcasting stations; (65) Radio and television repair shops; (66) Recording studios; (67) Restaurants, with or without drive-up win- dow service, other than drive-in establish- ments; (68) Restricted production and repair limited to the following: alteration and custom tailor- ing of clothing for retail sale only; jewelry from precious metal; watches; dentures; op- tical lenses; and other similar activities; (69) Schools: music, dance or business; (70) Self-service laundry and dry cleaning es- tablishments; (71) Shoe repair shops; Supp. No.7 (72) Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (73) Sporting goods stores; (74) Tailor shops; (75) Taverns; (76) Telephone exchanges and telephone trans- mission equipment structures; (77) Theatres, indoor only; (78) Travel bureaus and transportation ticket offices; (79) Variety stores; (80) YMCA, YWCA, and other similar organi- zations; (81) Any other similar retail business not spe- cifically listed is permitted if it complies with the conditions and restrictions contained in section 42-306; (82) Accessory and temporary uses, as permit- ted by article VI of this chapter. (83) Signs, as permitted by article X of this chapter; (84) Off-street parking and loading, as required 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) Sec. 42-303. Conditional uses. Conditional uses in the C4 district are as follows: (1) Multiple-family dwellings, provided that such development shall comply with the R-3 multiple- family residential district requirements for multiple-family dwellings; (2) Multiple-family dwellings for elderly and/or handicapped persons with the following per- mitted exceptions to the required bulk and lot size: 2502 e e e - e ZONING REGULATIONS a. Minimum lot area: five hundred (500) square feet per dwelling unit. b. Bulk regulations: 1. Maximum structure height: no limi. tations. 2. Minimum yard requirements: i. Front yard: thirty (30) feet on all sides abutting a street. 11. 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. 111. Rear yard: twenty-five (25) feet. 3. Maximum lot coverage: fort)' (40) percent. (3) Storage in bulk of, or warehouse for such materials as: clothing, drugs, dry goods, food, furniture, glass, groceries, hardware, house- hold goods, liquor or alcoholic beverages, lu- bricating oil, millinery paint, paint materi- als, pipe, rubber, shop supplies, tobacco, turpentine, and varnish; (4) Testing and research laboratories; (5) Wholesale office and sample rooms. (Code 1966, ~ 36-611(2)) 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 limitations. (2) Yard requirements: a. Front yard: none. b. Side yard: none required, except as pro- vided below. c. Rear yard: none required, except as pro- vided below. d. Where any side and/or rear yard abuts a residential district, a landscaped side and/or Supp. No.7 9 42-316 rear yard shall be provided along such side and/or rear yard that is ten (10) feet in width. (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 follows: (1) All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the prem- ises shall be sold at retail on the premises where produced. No products 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 completely enclosed building, except as provided by this chapter. (3) No business establishment shall offer or sell food or beverages for consumption on the prem- ises 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)) 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 typical retail uses are permitted in other com- mercial districts, most of these permitted in this district would not blend well into a prime retail area. (Code 1966, ~ 36-612) 2503 ~ 42-317 SALINA CODE Sec. 42-317. Permitted uses. Permitted uses in the C-5 district are as follows: (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, ca- thedrals and shrines; (21) Commercial off-street parking as a princi- pal use; (22) Contractor's office; (23) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; (24) Equipment sales and rental, not including heavy equipment type such as bulldozers and cranes; (25) Florist shops; (26) Food stores and delicatessens; (27) Fraternal and service clubs; Supp. No.7 (28) Furniture stores; (29) Garden stores; greenhouses and nurseries; (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 build- ing 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) Newstands; (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 service; (55) Restaurants, including drive-in establish- ments, serving food or beverages to custom- ers for consumption on the premises or in parked motor vehicles; 2504 e e e e e ZONING REGULATIONS (56) Self-service laundry and dry-cleaning es- tablishments; (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 ~rgani- zations; (63) 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; (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 required 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) Lumber yards; (4) Mini-warehouses; (5) Outdoor theatres; (6) Taverns; (7) Telephone exchanges and telephone transmis- sion equipment structures. (Code 1966, ~ 36-612(2)) Supp. No.7 ~ 42-320 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)) Sec. 42-320. Bulk regulations. Bulk regulations in the C-5 district are as follows: (1) Maximum structure height: forty (40) feet. (2) Yard requirements: a. Minimum 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: 1. Residential street: twenty-five (25) feet from the property line or fifty-five (55) feet from the cen. ter 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. 111. 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. No side or rear yard setback shall be required other than under the conditions 2505 ~ 42-321 SALINA CODE specified in subsection (2)a., except that when located adjacent to property in a residential district there shall be a set- back of ten (10) feet. c. Each motel and hotel shall have a mini- mum 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 constructed which further 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 permitted 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. (3) Maximum lot coverage: fIfty (50) percent. (Code 1966, S 36-612(4); Ord. No. 83-8970, S 3,8-22-83; Ord. No. 84-9003, S 12, 2-13-84; Ord. No. 86-9142, S 10,7-21-86) Sec. 42-321. Use limitations. Use limitations in the C-5 district are as follows: (11 No structure shall be used for residential pur- poses except for the use of the owner or oper- ator of the business located on the premises and except that accommodation may be of- fered to transient public by motels and hotels. (2) All outdoor storage and vehicles in operating condition and off-street parking and loading spaces shall be enclosed by screening as pro- vided in section 42-320(2)e. Off-street park- ing and loading spaces and the storage of automobiles and other motor vehicles in op- erating condition shall be so enclosed when Supp. No.7 such use abuts on a residential 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 permitted as a conditional use. All goods produced on the premises shall be sold on the premises where produced. (4) Exterior lighting fIxtures shall be shaded wher- ever necessary to avoid casting direct light on any property located in a residential 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 subsection (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; how- ever, if the property actually utilized for per- mitted 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, S 36-612(5); Ord. No. 84-9002, S 4, 2-13-84) Sees. 42-322-42-330. Reserved. DIVISION 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, S 36-613) Sec. 42-332. Permitted uses. Permitted uses in the C-6 district are as follows: (1) Agricultural implement sales and service; (2) Ambulance services; (3) Amusement parks and skating rinks; 2506 e e e - e ZONING REGULATIONS 9 42-332 (4) Animal hospitals, provided that all pens shall be in an enclosed structure; (5) Antique shops; (6) Apparel stores; (7) Appliance stores; (8) Armories; (9) Auditoriums and community theatres; (10) Automobile and truck sales and rental, in- cluding accessory repair and painting op- erations and facilities, provided that all such operations or facilities shall comply with all the use limitations in section 42-336; (11) Automotive parts, wholesale; (12) Automotive sales, service and parts; (13) Banks and financial institutions; (14) Barbershops; (15) Beauty shops; (16) Bicycle shops; (17) Blueprinting and photostating establish. ments; (18) Boat sales rental and service; (19) Bonding agencies; (20) Bookstores; (21) Bowling alleys; (22) Business and professional offices; (23) Camera and photographic supply stores; (24) Car washes; (25) Carpet and rug stores; (26) China and glassware stores; (27) Commercial ofT-street parking as a princi- pal use; (28) Contractor's offices; (29) Department stores; (30) Dog kennels, providing that such facilities are completely enclosed and that no odor or noise is discernible outside the structure; Supp. No.7 (31) Dry cleaning establishments; (32) Drygoods stores; (33) Electrical contractors; (34) Electronic parts and supplies; (35) Equipment sales and rental; (36) Florist shops; (37) Food stores and delicatessens; (38) Fraternal and service clubs; (39) Furniture stores; (40) Furrier shops; (41) Garden stores, greenhouses and nurseries; (42) Gasoline service stations; (43) Gift and souvenir shops; (44) Governmental buildings; (45) 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. (46) Hardware stores; (47) Hobby shops; (48) Hospitals, sanitariums, rest homes and nurs- ing homes; (49) Hotels and motels; (50) Interior decorating shops, including uphol- stering, making of draperies, slipcovers and other similar articles; (51) Jewelry stores; (52) Leather and luggage stores; (53) Lumber yards; (54) Mail-order houses; (55) Mechanical contractors; (56) Medical and dental clinics, and guidance centers; - (57) Mini-warehouses; 2507 ~ 42-332 SALINA CODE (58) Mobile home and trailer sales and rental, but not including the use of any mobile home as a residence; (59) Mortuaries and funeral homes; including crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (60) Music stores and musical instrument sales; (61) Newspaper offices and printing; (62) Newsstands; (63) Office equipment and supply; (64) Optical sales; (65) Package liquor stores; (66) Paint and wallpaper stores; (67) Parking garages and lots; (68) Pawnshops; (69) Pest control and exterminators; (70) Pet grooming shops; (71) Pet stores; (72) Pharmacies; (73) Physical and health services; (74) Printing plants; (75) Private clubs; (76) Public utility uses, including substations; (77) Radio and television broadcasting stations; (78) Radio and television repair shops; (79) Recording studios; (80) Recreational vehicle rental, sales and service; (81) Restaurants, including drive-in establish- ments; (82) Restricted production and repair limited to the following: Alteration and custom tail- oring of clothing for retail sale only; jew- elry from precious metals; watches; dentures; optical lenses; and other similar activities; (83) Schools: music, dance or business; Supp. No.7 2508 (84) Self-service laundry and dry cleaning es- tablishments; . (85) Shoe repair shops; (86) Sporting goods stores; (87) Tailor shops; (88) Taverns; (89) Telephone exchanges and telephone trans- mission equipment structures; (90) Theatres, indoor only; (91) Travel bureaus and transportation ticket offices; (92) Variety stores; (93) YMCA, YWCA, and other similar organ- izations; (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 permit- ted 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, S 36-613(1); Ord. No. 81-8863, S 11, 8-3-81; Ord. No. 83-8954, S 6, 1-24-83; Ord. No. 84-9020, S 8, 5-7-84; Ord. No. 88-9241, S 6, 4-11-88) Sec. 42-333. Conditional uses. Conditional uses in the C-6 district are as follows: (1) Dog racing tracks; (2) Horse racing tracks; (3) Outdoor theatres; (4) Tire repair shops, recapping, etc.; (5) Warehouse and wholesale houses. (Code 1966, S 36-613(2); Ord. No. 80-8808, S 1, 8-25-80; Ord. No. 81-8863, S 12,8-3-81; Ord. No. 86-9159, S 1,9-22-86; Ord. No. 87-9173, S 1,2-9-87) e e e - e ZONING REGULATIONS 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~ district are as follows: (1) Maximum structure height: fifty (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 require. ments regardless of whether it is a front, side or rear yard or any com- bination 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. Ill. 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. No side or rear yard setback shall be required other than under the conditions specified in subsection (2)a., except that Supp. No.7 ~ 42-336 when located adjacent to a property in a residential district there shall be a set- back of ten (10) feet. c. Each motel and hotel shall have a mini. mum 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 constructed which further extends to, but not beyond, the front property line. (3) Maximum lot coverage: fifty (50) percent. (Code 1966, ~ 36~13(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) AU 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 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) 2509 ~ 42.337 SALINA CODE Sees. 42-337-42-345. Reserved. DIVISION 17. I-I INDUSTRIAL PARK DISTRICT Sec. 42-346. Design. The 1.1 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; (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; Supp. No.7 (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; (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; e (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 I-I 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 1-1 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 adjoiningresidential uses, however, if the property actually utilized for permitted or conditional nonresidential pur- poses (including accessory parking areas) lies 2510.2 e e e e e ZONING REGULATIONS !i 42-362 two hundred (200) feet or more from an ad- joining residential lot line, no screening is required along that lot line. (6) No building shall be used for residential pur- poses except that a watchman may reside on the premises. (7) Exterior lighting shall be shaded so that no direct light is cast upon any property located in a residential district or upon any street where glare is visible to traffic. (Code 1966, ~ 36-614(5); Ord. No. 84-9002, ~ 6, 2-13-84) Sees. 42-352-42-360. Reserved. DIVISION 18. 1-2 LIGHT INDUSTRIAL DISTRICT Sec. 42-361. Design. The 1-2 district is designed to permit industrial activities of a limited nature. This includes uses which in many cases are compatible with adja- cent use districts. (Code 1966, ~ 36-615) Sec. 42-362. Permitted uses. Permitted uses in the 1-2 district are as follows: (1) Any retail or commercial use, except those listed as conditional uses in the 1-2 or 1-3 districts; (2) Adding machine manufacture; (3) Armories; (4) Artificial flower manufacture; (5) Automobile assembly; (6) Automobile and truck washes; (7) Automobile rental agency; (8) Automobile repair (no wrecking yard); (9) Bakery, wholesale; (10) Beverage manufacturing and bottling (ex- cluding malts and spirits); (11) Bicycle manufacture; (12) Blacksmith (no salvage yard); (13) Book publishing; Supp. No.7 (14) Boot and shoe manufacture; (15) Bottling works; (16) Broom manufacture; (17) Building materials yard; (18) Cabinet maker; (19) Candy manufacture; (20) Canning and preserving factory; (21) Cap and hat manufacture; (22) Carpenter shop; (23) Carpet cleaning; (24) Cleaning and pressing; (25) Clock factory; (26) Clothing manufacture; (27) Coffin manufacture; (28) Cold storage warehouse; (29) Commission house; (30) Concrete burial vault company; (31) Condensed milk manufacture; (32) Contractor's storage yard and offices; (33) Cosmetic manufacture; (34) Creamery, wholesale; (35) Dairy, wholesale; (36) Dental laboratory; (37) Drug manufacture; (38) Dry cleaning establishment; (39) Drygoods, wholesale; (40) Dyeing and cleaning; (41) Electrical repair; (42) Electrical sign manufacture; (43) Enameling and painting; (44) Engraving plant; (45) Envelope manufacture; (46) Express storage and delivery station; 2510.3 ~ 42-362 SALINA CODE (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 2510.4 - ZONING REGULATIONS ~ 42-362 (53) Fruit and vegetable drying; (85) Mobile home sales and service; (54) Fur warehouse; (86) Motorcycle repair; e (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; - (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; . (84) Mini-warehouses; (116) Screw and bolt manufac' ure; Supp. No.2 2511 ~ 42-362 SALINA 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, ~ 3(H)15(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: fifty (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 ~ 42-382 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 often (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 (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, ~ 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; 2513 ~ 42-382 SALINA CODE (8) Beet sugar manufacture; (41) E~:evator 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 foundl.'Y; 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; e (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 of this chapter. (Code 1966, ~ (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- e (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 9 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. Minimum 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 often (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. 42-386. 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 e e ZONING REGULATIONS 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 ~ 42-403 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 It e e ZONING REGULATIONS (2) The planned development will not substan- tially injure or damage the use, value and enjoyment of surrounding property nor hin- der or prevent the development of surround- ing property in accordance with the land use plan. (3) The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development and the streets and driveways on the site of the proposed development will be adequate to serve the residents, oc- cupants, or users of the proposed develop- ment. Traffic-control signals will be provided without expense to the city when the board of commissioners determines that such sig- nals are required to prevent traffic hazards or congestion in adjacent streets. (4) The development will not impose an undue burden on public services and facilities, such as fire and police protection. (5) The entire tract or parcel of land to be occupied by the planned development shall be held in a single ownership, or if there are two (2) or more owners, the application for such planned development shall be filed jointly by all such owners. (6) The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential buildings, nonresiden- tial uses and structures, and public facili- ties as are necessary for the welfare of the planned development and are not inconsis- tent with the best interests of the area. Such covenants, easements and other pro- visions, if part of the development plan as finally approved, may be modified, removed or released only with the consent of the board of commissioners after a public hear- ing before, and recommendations by, the planning commission as provided in section 42-404(bX1). All such covenants shall spe- cifically provide for enforcement by the city in addition to the landowners within the development. (7) The planning commission may designate divisible geographic areas of the entire par- ~ 42-403 cel to be developed as a planned unit de- velopment and shall, in such case, specify reasonable periods within which develop- ment of each such area must be commenced. In the case of residential planned develop- ments and general planned developments which contain residential buildings, the plan- ning commission may permit in each area deviations from the number of dwelling units per acre established for the entire planned development, provided such deviation shall be adjusted for in other sections of the de- velopment so that the number of dwelling units per acre authorized for the entire planned development is not affected. The period of time established for the comple- tion of the entire development and the com- mencement date for each section thereof may be modified from time to time by the planning commission, upon the showing of good cause by the developer, provided that in no case shall any extension of time ex- ceed twelve (12) months. The developer shall provide and record easements and covenants or shall make such other arrangements, and shall furnish such performance bond, escrow deposit, or other financial guaran- tees as may be determined by the planning commission to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment ofthe plan before completion. (8) The location and arrangement of structures, parking areas, walks, lighting and appur- tenant facilities shall be compatible with the surrounding land uses, and any part of a planned development not used for struc- tures, parking and loading areas, or access- ways, shall be landscaped or otherwise im- proved, unless said open space would ac- complish the intent of this section if left in its natural state. (9) When business or manufacturing structures or uses in a planned development district abut a residential district or residential build- ings in the same development, screening shall be provided. In no event shall a busi- 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 ofthe 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 ofthe 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 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 ~ 42-404 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 structur8s; 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. 1. 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 e e - e ZONING REGULATIONS to the developer specific findings of fact with respect to the extent to which the prelimi- nary development plan complies with the stand- ards set out in this section, together with its recommendations to the board of commission- ers with respect to the action to be taken on the preliminary development plan. The com- mission may recommend disapproval, approv- al, or approval with amendments, conditions or restrictions. Copies of the findings and rec- ommendations of the planning commission shall be made available to any other inter- ested persons. (2) Action by the board of commissioners. The board of commissioners shall approve or dis- approve the preliminary development plan within twenty-one (21) days after it receives the findings and recommendations of the plan- ning commission thereon. If the preliminary development plan is disapproved, the devel- oper shall be furnished with a written state- ment 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 (bX3) of this section, adopt an ordinance approving the pre- liminary 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 com- missioners may alter the preliminary devel- opment plan, and impose such restrictions and conditions on the planned development as it may deem necessary to insure that the development will be in harmony with the gen- eral purpose and intent of this chapter and with the comprehensive plan of the city. When the board of commissioners alters the prelim- inary development plan, or imposes any re- strictions or conditions on such plan, the de- veloper shall have fifteen (15) days within which to file an acceptance of such alterations, restrictions or conditions with the board of commissioners. When an acceptance is required by this section, no ordinance approving a pre- liminary development plan and establishing Supp. No.6 ~ 42-405 a planned development district shall be adopted until such acceptance has been filed with the planning commission. (4) Form of ordinance. An ordinance approving a planned development and establishing a planned development district shall specify the zoning regulations and restrictions that will, pursuant to the development plan, apply in the planned development district and shall describe the boundaries of such district or set such boundaries out on a map that is incor- porated and published as a part of such ordi- nance. Such ordinance shall also specify the conditions and restrictions that have been imposed by the board of commissioners on the planned development, and the extent to which the otherwise applicable district regu- lations have been varied or modified. When the planning commission has designated di- visible geographic areas that may be devel- oped as a planned development, the ordinance shall authorize the planning commission to modify 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 development plan after approval. (a) Within seven (7) days after the adoption of an ordinance approving a preliminary development plan and establishing a planned development dis- trict, 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 devel- opment plan which has been given preliminary approval as submitted or which has been given preliminary approval with alterations, conditions and restrictions, which have been accepted 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 2521 ~ 42-405 SALINA CODE or revoked or otherwise impaired by action of the city pending an application or applications 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 applications are filed, within the time or times specified in the ordinance grant- ing approval of the preliminary plan. If no time is specified in such ordinance, 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 no- tify the planning commission in writing; 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) Sec. 42-406. Application for approval of final development plan. (a) An application for approval of a final devel- opment plan may be filed for all the land included in a planned development or for a stage thereof. Such application shall be filed by the developer with the planning commission within the time specified in section 42-405(b) and shall be in sub- Supp. No.6 stantial compliance with the preliminary devel- opment plan as approved. The application shall include: (1) A detailed site plan showing the physical layout and design of all streets, easements, rights-of-way, lots, blocks, common open space, structures and uses; (2) Preliminary building plans, including ex- terior elevations; (3) Landscaping plans; (4) Copies of any proposed easements and re- strictive covenants; (5) Proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any common open space; (6) Evidence that no lots, parcels or tracts or dwelling units in such development have been conveyed or leased prior to the record- ing of any restrictive covenants applicable to such planned development; (7) Such bonds and other documents that may have been required pursuant to sections 42-403(aX7), 42-404(bX3) and 42-404(bX4); (8) A final subdivision plat for which approval has been secured pursuant to the applica- ble ordinances, rules and regulations relat- ing to subdivision approval. In accordance with the schedule proposed in the application for approval of the preliminary plan, the developer may elect to file an application for final approval of only a geographic area of the land included in the plan and may delay, within the time limits authorized by the ordinance, ap- plication for final approval of other areas. A pub- lic hearing by the planning commission on an application for approval of the final development plan, or area thereof, shall not be required pro- vided the final plan, or the area thereof submit- ted for final approval, is in substantial compli- ance with the preliminary development plan there- tofore given approval. (b) A development plan submitted for final ap- proval shall be deemed to be in substantial compli- ance with the preliminary plan, as approved, pro- 2522 e - e e e ZONING REGULATIONS vided any modification by the developer of the preliminary plan, as approved, does not: (1) Vary the proposed gross residential density or intensity of use by more than five (5) per- cent; or (2) Involve a reduction of the area set aside for common open space; or (3) Increase by more than five (5) percent the floor area proposed for nonresidential use; or (4) Increase by more than five (5) percent the total ground area covered by buildings. A public hearing shall not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewerage. (c) A public hearing shall not be held on an application for approval of a final development plan when the plan is in substantial compliance with the preliminary plan. When the application for final approval has been filed, together with all drawings, specifications and other documents re- quired in support thereof, the planning commis- sion shall, within twenty-one (21) days of filing, grant such plan final approval. (d) If the final development plan is not in sub- stantial compliance with the preliminary plan, the planning commission 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 neces- sary to bring it into compliance with the prelimi- nary plan, or he may file a written request with the planning commission that it hold a public hearing on his application for final approval. If the developer shall fail to take either of these alternate actions within sixty (60) days, he shall be deemed to have abandoned the plan. Such pub- lic hearing shall be held, notice thereof shall be given, and the hearing shall be conducted in the manner prescribed in section 42-24. Within four- teen (14) days after the conclusion of the public hearing, the planning commission shall, by reso- lution, either grant or deny approval of the final Supp. No.6 ~ 42-407 plan. The denial or approval of the final plan shall, in cases arising under this paragraph, be in the form and contain the findings required for a recommendation on an application for approval of a preliminary development plan set out in section 42-404(bX1). (e) A final development plan, or any area there- of, that has been approved by the planning com- mission shall be so certified without delay by the city clerk and shall be filed of [on] record in the office of the zoning administrator before any de- velopment shall take place in accordance there- with. If the planning commission fails to act, ei- ther by grant or by denial of final approval within the time prescribed, the final plan shall be deemed to be approved. Pending completion within a rea- sonable time of said planned development, or of any area thereof, that has been finally approved, no modification of the provisions of the plan, or area thereof, as finally approved, shall be made except with the consent of the developer. ({) If a final development plan, or area thereof, is approved and thereafter the developer shall abandon part or all of said development plan and shall so notify the planning commission in writ- ing, then no development or further development shall take place on the property included in the development plan until after the property has been reclassified by enactment of an amendment to this ordinance in the manner prescribed for such amendments in article II of this chapter. However, if the development is not completed within two (2) years after the approved completion date, the planning commission may reevaluate the plan and recommend appropriate action to the board of commissioners. (Code 1966, ~ 36.705) Sec. 42-407. Amendments. A planned development district ordinance or an approved preliminary or final 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(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(bXn Nothing in this section shall be construed as requiring a public 2523 ~ 42-407 SALINA CODE hearing in the case of minor alterations. The de- termination of the need for a public hearing shall be at the discretion of the zoning administrator. (Code 1966, S 36-706) Sec. 42-408. Recording. 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) DIVISION 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 de- velopment will be compatible with surrounding neighborhoods, then the applicant may file an application for rezoning to a planned commercial district. The rezoning of land in Salina to one of the planned commercial districts shall be for the purpose of encouraging and requiring orderly com- mercial 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 development of relatively small, separate tracts of land under one ownership, and innovative and imaginative site planning which will minimize detrimental effects on the surrounding neighborhood. Such procedures are authorized by Kansas Statutes An- notated, 12-725 through 12-733. (Ord. No. 87-9201, * 1, 9-21-87) Sec. 42-410. Standards of development. (a) A proposal to rezone land to a planned com- mercial district shall be subject to the same cri- teria relative to neighborhood compatibility, con- formance to the comprehensive plan, adequacy of streets and utilities and other land use policies normally utilized in making zoning decisions in Salina. Supp. No.6 (b) The submittal by the developer and the ap- proval by the city of site development plans rep- resents a firm commitment that actual develop- ment 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 system. (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 necessary to protect the interest of neighboring property owners. (e) The maximum height of buildings and struc- tures, setback and bulk of buildings, amount of lot coverage, paring requirements, screening, light- ing and other performance standards shall be gen- erally equal to those required in the equivalent 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 appro- priate development is produced and adverse im- pacts are avoided. (Ord. No. 87-9201, S 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 specifi- cally state what zoning classification is being re- quested (PC-I, PC-2, PC-3, PC-4, PC-5 or PC-6), provide a list of proposed uses and list any devia- tions 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 2524 e e e e e ZONING REGULATIONS 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) 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 following: (1) Proposed name of the development; (2) Location by legal description; (3) Names, addresses and telephone numbers of applicant and designer of plans; (4) Date, North Arrow, Scale of Plan (one inch to fifty (50) feet or one inch to one hundred (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, dimensions 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, together with related parking and loading areas, en- trances, exits, vehicular drives, walkways, screening, drainage handling, public streets, and any existing easements; (9) A schedule indicating total floor area, land area, parking spaces, total estimated em- ployment on site, building site coverage and any other quantities needed to determine compliance with this article; Supp. No.6 S 42.414 (10) Preliminary sketches of building elevations depicting the general style, size and exte- rior construction materials of the buildings proposed; (11) Location, height and type of walls and fenc- es, lighting, signage, and landscape mate- rial. (Ord. No. 87-9201, ~ 1,9-21-87) Sec. 42-413. Review procedun:~s for site devel- opment plans. (a) The city staff shall review the site devel- opment 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 rezon- ing application is to be considered. (c) The planning commission shall review the plan to determine if it demonstrates a satisfac- tory 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 complies with the standards set out in this section together with its recommendation to the board of commis- sioners with respect to the action to be taken on the site development plan. The planning commis- sion 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) 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 2524.1 ~ 42-414 SALINA CODE district and shall describe the boundaries of such district. Such ordinance shall also specify the con- ditions and restrictions that have been imposed 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 ap- proved 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 ordinance creat- ing 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 speci- fied 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, li 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 avail- able in the office of the zoning administrator. The statement shall specify the area covered by the plan, the proposed density or intensity of land uses and other pertinent information sufficient to Supp. No.6 notify any prospective purchasers or users of land of the existence of such a plan. The recorded state- ment shall specify that the site development plan shall become binding upon all successors and as- signs unless it is formally amended or expires for failure to obtain building permits. (Ord. No. 87-9201, ~ 1,9-21-87) Sec. 46-417. 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, li 1, 9-21-87) Sec. 42-418-42-425. Reserved. ARTICLE VIII. FLOOD PLAIN ZONING DISTRICT* DIVISION 1. STATUTORY AUTOHRIZATION, 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 governmen- tal 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 of the same ordinance enacted new provisions included herein as ~~ 42-426-42-449. Former ~~ 42-426-42-439, derived from the Code of 1966, ~~ 36-800-36-813. Cross reference-Flood prevention and control, Ch. 15. State law reference-Floodplain regulation, K.S.A. 12-734 et seq. 2524.2 e e e - e 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 re- sult in loss oflife 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 e e e - e 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, S 1,2-3-86) DIVISION 2. GENERAL PROVISIONS Sec. 42-429. 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, S 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, S 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, S 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 flood way 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 e e e - e ZONING REGULATIONS S 42.440 (e) Be signed by the permittee or his authorized agent who may be required to submit evi- dence to indicate such authority. (f) Give such other information as reasonably may be required by the zoning administra- tor. (Ord. No. 86-9119, * 1,2-3-86) DIVISION 4. ESTABLISHMENT OF ZONING DISTRICTS Sec. 42-437. Establishment of zoning districts. The mapped flood plain areas within the juris. diction of this article are hereby divided into 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 :;hall be prohibited. These zones shall be consis- tent with the numbered and unnumbered A zones (including the AH zone) as identified on the official FIRM and identified in the flood insurance study provided by the federal emergency management agency. (Ord. No. 86-9119, ~ 1, 2-3-86) DIVISION 5. STANDARDS FOR FLOODW A Y 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 unnumbered A zones unless the conditions of this division are satisfied. (Ord. No. 86-9119,9 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 zones shall be subject to all development provi- Supp. No.6 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, 9 1, 2-3-86; Ord. No. 87-9184,92,5-11-87) Sec. 42-440. Development standards. New construction, subdivision proposals, sub- stantial improvements, prefabricated buildings, placement of manufactured homes and other de- velopment shall require: (a) Design or anchorage to prevent flotation, col- lapse 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 dam- age; and (2) Use construction methods and practices that will minimize flood damage, consis. tent 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 accumulat- ing within components during conditions of flooding. (e) All utility and sanitary facilities be elevated to up to the base flood protection elevation or floodproofed to one foot above the base flood elevation; (f) That until a floodway has been designated, where appropriate, no development, includ- 2527 ~ 42-440 SALINA CODE ing landfill, may be permitted within Zones AI-30 on the city's FIRM unless the appli- cant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the one hundred-year flood more than one foot on the average cross section of the reach in which the development or landfill is lo- cated as shown on the flood insurance rate study, incorporated by reference (s~ction 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, flam- mable, explosive, or could be injurious to human, animal or plant life is prohibited. (2) Storage of other material or equipment may. be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable 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 systems are located, elevated and constructed 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, in- clude within such proposals the base flood elevation. (Ord. No. 86-9119, ~ 1,2-3-86; Ord. No. 87-9185, ~ 1,5-11-87) DIVISION 6. FLOODW A Y FRINGE (FF) OVERLA Y DISTRICT* Sec. 42-441. Permitted uses. Any use permitted in division 7 shall be per- mitted in the floodway fringe (FF) overlay dis- *Editor's note-Including the AH zone. Supp. No.6 trict. No use shall be permitted in the district unless the standards of divisions 5 and 6 are met. fOrd. No. 86-9119, ~ 1,2-3-86) Sec. 42-442. Standards for the floodway fringe overlay district. (a) New construction or substantial improvements of residential structures shall be required to have the lowest floor, including basement, elevated 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 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 dam- age will occur if this design is exceeded. The flood-proofed design elevation is the one-hundred- year base flood elevation plus one foot. (1) The bottom of the lowest basement openings, such as doors and windows, must be placed at least one foot above the one hundred-year base flood elevation. (2) The basement floor must not be lower than five (5) feet below the floodproofed 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 constructed within the floodway. (5) Basements constructed in accordance with this regulation shall not be used for sleeping purposes. (6) A registered professional engineer or archi- tect shall certify that the floodproofing mea- sures used in the structure satisfy the stand- ards of this subsection. This certification shall include the specific elevation (in relation to mean sea level) to which the structure is floodproofed. 2528 e e e - e ZONING REGULATIONS (7) The zoning administrator shall certify that the structure has been built in accordance with this design. (b) New construction or substantial improvements of nonresidential structures shall be required to have the lowest floor, including basement, ele- vated to or above the base flood elevation or, to- gether with attendant utility and sanitary facili- ties, to be floodproofed so that below one foot above the base flood level the structure is water- tight with walls substantially impermeable to the passage of water and with structural components having the capability ofresisting hydrostatic 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(bX7). (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 engineer 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 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 foot above grade; and (3) Openings may be equipped with screens, lou- vers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (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 Supp. No.6 ~ 42-443 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 inter- mediate locations and manufactured homes less than fifty (50) feet long requiring one additional tie per side; (2) Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured 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. (D 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 anchored to an adequately anchored foundation system in accordance with the provisions of section 42-442(e). (g) No manufactured home shall be placed in a floodway except in an existing manufactured home park or existing manufactured home subdivision. (Ord. No. 86-9119, S 1,2-3-86; Ord. No. 86-9133, S 1,5-5-86; Ord. No. 86-9145, S 1, 7-21-86; Ord. No. 87-9186, S 1,5-11-87) DIVISION 7. FLOODWA Y (FW) OVERLA Y DISTRICT Sec. 42-443. Permitted uses. Only uses having a low flood damage potential and not obstructing flood flmvs 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 zon. ing district. All encroachments, including fill, new 2528.1 ~ 42-443 SALINA CODE construction, substantial improvements and other developments shall be prohibited unless approved as a variance and certification by a registered professional engineer or architect is provided dem- onstrating that encroachments shall not result in any increase in flood levels in the flood way dur- ing occurrence of the base flood discharge. 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, park- ing and play areas. (c) Nonresidential areas such as loading and park- ing 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 preserves. (Ord. No. 86-9119, S 1, 2-3-86) DIVISION 8. VARIANCES Sec. 42-444. Conditions for approval. Where by reason of exceptional narrowness, shal- lowness, shape, topography or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this article would result in peculiar and exceptional hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, the board of zoning appeals may authorize a vari- ance from strict application so as to relieve the demonstrable difficulties or hardships, provided that such a variance may be granted generally 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 existing structures constructed below the base flood protection elevation, or (b) The structure is listed on the National Regis- ter of Historic Places, the State Inventory of Supp. No.6 Historic Places or carries a local landmark (HC) designation. (Ord. No. 86-9119, S 1,2-3-86) 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 expense, create nuisances, cause fraud on or victim- ization of the public, or conflict with existing local ordinances or state laws, particularly K.S.A. 12-734. (Ord. No. 86-9119, S 1,2-3-86; Ord. No. 86-9146, S 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, S 1, 2-3-86) Sec. 42-447. Notification of increased insur- ance rates. The zoning administrator shall notify the ap- plicant 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 notorized acknowledgement of such notification. (Ord. No. 86-9119, S 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 provision of this article, the attorney general and the chief engineer of the Division of Water Re- sources of the Kansas State Board of Agriculture 2528.2 e e e - e ZONING REGULATIONS ~ 42-458 may institute injunction, mandamus or other ap- propriate action or proceedings to prevent the un- lawful erection, construction, maintenance or use, 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) DIVISION 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, Kan- sas 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 DIVISION 1. GENERALLY Sec. 42-456. Purpose. The heritage conservation district is designated to be used in conjunction with any existing zon- ing district. The purposes of this district are: (1) To safeguard the city's historic and cultural heritage; (2) To protect and enhance historic landmarks which represent distinctive and important el- ements of the city's cultural, social, econom- ic, political, natural, archaeological and/or archi- tectural history; (3) To stabilize and improve values in areas hav- ing culturally, socially, economically, politi- cally, naturally, archaeologically, and/or Supp. No.6 architecturally significant properties. (Code 1966, ~ 36-8AOO) Sec. 42-457. Permitted uses. All permitted and conditional uses in the un- derlying district and all other requirements of that zoning district shall apply. (Code 1966, ~ 36-8A01) Sec. 42-458. Heritage conservation plan. (a) The heritage commission shall thoroughly familiarize itself with the buildings, structures, lands, areas' and districts within the city which may be eligible for designation as heritage land- marks. Upon completion of such study by the her- itage commission, a heritage conservation plan shall be prepared. (b) The heritage conservation plan shall address the following items: (1) Inventory buildings, structures, lands and areas of historical, architectural, archaeological or cultural value, along with statements of fact which verify their significance; (2) Evaluate all districts against the criteria uti- lized in the National Register of Historic Plac- es. Properties in those districts which meet the National Register Criteria shall carry the zoning designation "HC-NR" (Heritage Con- servation-N ational Register). Properties con- tained in districts which could qualify for in- centives under the Tax Reform Act of 1976 shall utilize the criteria designated by the act; (3) Identify criteria to be used in determining whether certain buildings, structures, lands, areas and districts should be designated as 2528.3 ZONING REGULATIONS e historic landmarks, employing in the criteria consideration of integrity of location, design, setting, materials, workmanship and historic association. Cemeteries, birthplaces or graves of historical significance, structures which have been moved from their original locations, re- constructed historic buildings, properties pri- marily commemorative in nature and prop- erties which have achieved significance within the past fifty (50) years shall not be consid- ered eligible, unless they are integral parts of districts which do meet the criteria to be established in the heritage conservation plan, or if they fall in the following special categories: a. A religious property deriving primary sig- nificance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is significant primarily for architectural value, and/or association with a historic person or event; or e c. A birthplace or grave of a historical fig- ure of outstanding importance if there is no other appropriate site or building di- rectly associated with his productive life; or e d. A cemetery which derives its primary significance from graves of persons of tran- scendent importance, from age, from dis- tinctive design features, or from associa- tion with historic event; or e. A reconstructed building when accurately executed in a suitable environment and presented in a suitable environment and presented in a dignified manner as a part of the heritage conservation plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in interest if design, age, tradition or sym- bolic value has invested it with its own historical significance; or g. A property achieving significance within the past fifty (50) years if it is of excep- tional importance. ~ 42-458 (4) Identify guidelines to be used in the deter- mination of whether to grant or deny certifi- cates of appropriateness (see section 42-460) for proposed alterations to the exterior of a designated historic landmark; (5) Formulate criteria to be utilized in the selec- tion and evaluation of work to be done on natural sites; (6) Formulate a program for private and public action which will state the role of various city agencies in the conservation and resto- ration activities and for acquisitions. This pro- gram is to include federal, state, municipal, private and foundation activities and fund- ing sources; (7) Recommend incentives for heritage conserva- tion to the board of commissioners. (c) The heritage conservation plan and any sub- sequent amendments shall be presented to the planning commission for inclusion in the compre- hensive plan for informational purposes. (d) The heritage commission shall, through the heritage conservation plan, recommend to the board of commissioners that certain buildings, structures, land areas and/or districts in the city be desig- nated a heritage conservation landmark. A two- thirds majority vote of the heritage commission shall be necessary to recommend designation of a structure or property as a heritage landmark. Des- ignation as a heritage landmark may be either at the property owner's request or the designation may be recommended for placement on the prop- erty without consent provided that the property owners were notified and given an opportunity to comment thirty (30) days in advance of the heri- tage conservation hearing. The recommendation shall include: (1) A legal description of those properties to be designated; (2) Identification of historic materials and/or fea- tures important to the preservation of the premises within the designated building, struc- tures, land areas and/or districts. (e) If the heritage commission finds that cer- tain buildings, structures, land areas or districts 2529 ~ 42-458 SALINA CODE cannot be preserved without acquisition, a rec- ommendation shall be made to the board of com- missioners that fee title or lesser interest in the property be acquired by gift or purchase, using funds or facilities available for preservation or restoration. CD If the heritage commission finds that cer- tain buildings, structures, or land cannot be pre- served without a change in use, a recommenda- tion shaH be made to the planning commission or the board of mning appeals, whichever is appro- priate. (g) Annually, the heritage commission shall re- view the status of the designated heritage land- marks and/or district and include, in the heritage commission minutes, a report of such review. Said report shall be submitted to the board of commis- sioners within thirty (30) days of its completion. (Code 1966, ~ 36-8A07) Sec. 42-459. Public hearing. (a) Generally. The heritage commission shall hold a public hearing on each tract to be desig- nated as a heritage conservation landmark at a reasonable time and place as established by the heritage commission. It shall hold such hearing within forty-five (45) days from the date the ap- plication is filed or within thirty (30) days from the notification of the property owner of the pro- ceedings in effect. (b) Notice of hearing. The heritage commission shall hold at least one public hearing on the pro- posed designation, twenty (20) days notice of which shall be published in the official city newspaper stating the date, time and place of the hearing, and containing a statement regarding the proposed amendments. The heritage commission shall also mail a written notice of the public hearing, con- taining the same information as the published notice to the owners of all property within two hundred (200) feet of the boundaries of the tract at least twenty (20) days prior to the hearing. From time to time, as provided by its rules, the heritage commission may give such additional notice to other persons as it desires. (c) Conduct of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved and filed 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 official or agency or any other person, firm or corporation. If such re- port is made, a copy thereof shall be made avail- able in the office of the heritage commission to the owner of the affected property and any other interested person. (Code 1966, ~ 36-8A08) Sec. 42-460. Certificate of appropriateness review. (a) No work for which a building permit is nec- essary shall commence which would alter the in- tegrity of any portion of a designated heritage landmark controlled by the heritage conservation plan until such time as a certificate of appropri- ateness has been issued by the heritage commis- sion. Owners of designated heritage landmarks are encouraged to contact the heritage commis- sion prior to commencing any work on the exte- rior of designated landmarks. In any emergency situation the secretary of the heritage commis- sion shall be empowered to authorize emergency repairs to a designated heritage landmark with- out the authorization of the heritage commission. (b) Design standards for exterior alterations of existing heritage landmarks shall be "The Secre- tary of Interior's Standards for Historic Preserva- tion Projects." (c) When applying for such a certificate, the applicant shall forward copies of all detailed plans, elevations, perspectives, specifications and/or other documents pertaining to the work to the heritage commission. The secretary of the heritage commis- sion shall then distribute the plans to and solicit comments from any city departments, organiza- tions or companies affected. (d) The deadline for filing of certificates of ap- propriateness shall be fourteen (14) days prior to the public meeting at which the heritage com- mission shall consider the application. (e) Upon review of the application, the heritage commission shall determine whether the proposed work is in compliance with the heritage conser- vation plan and if the proposed work will adversely 2530 e e e ZONING REGULATIONS affect any historical, architectural, archaeologi- calor cultural feature of the heritage landmark. The heritage commission shall also determine if the proposed work is appropriate and consistent with the spirit and intent of this article. The heri- tage commission shall approve or disapprove the application within forty-five (45) days of the first meeting at which the application was considered. The secretary of the heritage commission shall immediately notify the applicant and the build- ing official of the heritage commission's action and if warranted issue a certificate of appropri- ateness to the building official with a copy to the applicant. CO If the heritage commission votes to deny the application for a certificate of appropriateness, the applicant shall have the right to appeal their decision to the board of commissioners. The ap- plicant shall have a maximum of fourteen (14) days to file the appeal. The board of commission- ers shall then, through the secretary of the heri- tage commission, contact the state historic pres- ervation officer and obtain a written report from him on the effect of the issuance of a certificate of appropriateness for the work proposed by the ap- plicant on the historic integrity of the property or structure. Within forty-five (45) days of the ap- peal, the board of commissioners shall then make a decision. (g) If no action has been taken by the heritage commission within said forty-five (45) days the secretary of the heritage commission shall issue upon demand a certificate of appropriateness to the building official with a copy to the applicant. (h) No major change shall be made in the pro- posed work after the issuance of a certificate of appropriateness without resubmittal to the heri- tage commission, and approval thereof, in the same manner as provided above. (Code 1966, ~ 36-8A09) Sec. 42-461. Demolition or removal of heri- tage landmark. If the application is received by the building official for the demolition or removal of any des- ignated heritage landmark, the heritage commis- sion shall hold a public hearing within forty-five (45) days after the application is originally filed to determine the appropriateness of the demoli- ~ 42-471 tion, and a recommendation forwarded to the board of commissioners. Notice of the public hearing shall be placed in the official city newspaper at least ten (10) days prior to the public hearing. The heritage commission shall consider the state of repair of the building, the reasonableness of the cost of restoration, taking into account the purpose of preserving the designated heritage land- mark, the character of the neighborhood and all other factors which it finds appropriate. The heri- tage commission may determine that, in the in- terest of preserving historical values, the struc- ture should not be demolished or removed and, in that event, the application be suspended for a period of ninety (90) days. This period of time shall be utilized to attempt to reach a compro- mise which would allow the structure to remain intact and may not be reduced. Within the sus- pension period, upon advice of the heritage com- mission, after notice to the applicant, public hear- ing and upon determination that there are rea- sonable grounds for preservation, the board of commissioners may extend the suspension period for an additional period not to exceed ninety (90) days. During the period of suspension of the ap- plication, no permit shall be issued for such de- molition or removal, nor shall any person demol- ish or remove the building or structure. If no action is taken by the board of commissioners within two hundred twenty-five (225) days from the date of application, the demolition permit shall be issued upon demand and the building official shall so advise the applicant. (Code 1966, ~ 36-8AlO) Sees. 42-462-42-470. Reserved. DIVISION 2. HERITAGE COMMISSION* Sec. 42-471. Created; purposes. The heritage commission is hereby created, whose purposes will be to inventory, promote, list, re- cord, protect, preserve and enhance places, areas, features or sites within the city that have special significance in the architectural, archaeological, cultural or historical sense. The commission shall also advise the board of commissioners and other groups concerning preservation of the city's his- toric and cultural heritage. (Code 1966, ~ 36-8A02) *Cross references-Administration, Ch. 2; boards and com- missions generally, ~ 2-136 et seq. 2531 ~ 42-472 SALINA CODE 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 commis- sioners. The membership of the commission shall include, but not be limited to, one architect, one member of the real estate profession, one city planning commissioner, one representative ofthe Saline County Historical Society, one trained his- torian or archaeologist, if available, and two (2) or three (3) other individuals that the board of commissioners may wish to consider. (Code 1966, ~ 36-8A03) 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) 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-chairman, whose terms of office shall be one year. The heri- tage 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 donations, grants and other financial assistance from any public body or any agency, including but not lim- ited 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 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 com- mission in carrying out its functions, duties and powers. (Code 1966, ~ 36-8A06) Sees. 42-479-42-500. Reserved. ARTICLE X. SIGNS* DIVISION 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 paint- ed, constructed, erected, remodeled, relocated 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) .Cross reference-Sign code, ~ 8-381 et seq. 2532 e e e ZONING REGULATIONS Sec. 42-502. Zoning certificate (sign permit) required. (a) The zoning certificate (sign permit) must be obtained from the office of the zoning administrator. (b) A zoning certificate (sign permit) shall be either issued or refused by the zoning adminis- trator 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, S 36-901) Sec. 42-503. Sign standards. (a) The gross surface area of a sign shall be the sum of all surface areas of all the 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 by the district regulations. For computing the area of any wall sign which consists of letters, numbers and sym- bols mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectan- gular figure which can encompass all of the let- ters, numbers or symbols. (b) Sign height shall be measured from ground level at the base of or below the sign to the high- est 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 wherever necessary to avoid direct casting of light upon property located in any residential district or upon ~ 42-503 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 between the hours of 7:00 a.m. and 10:00 p.m. (e) No flashing signs are permitted. No animated signs, signs with moving lights, or signs which create the illusion of movement shall be permit- ted in any residential district, or in any C-l or C-2 district. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals in- dicating the time and/or temperature. No revolv- ing beacons shall be allowed in any district. (f) No sign shall block any required accessway or window. (g) No sign shall be attached to a tree or utility pole whether on public or private property. (h) On corner and through lots, each lot line that abuts a street or highway shall be consid- ered a separate street frontage, and restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable num- ber 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 tri- angle formed by the curb lines of any two (2) intersecting streets, except signs mounted ten (10) feet or more above the ground whose supports do not constitute an obstruction. (See also section 42-81). 2533 ~ 42-503 SALINA CODE (l) No sign shall be permitted to locate on pub- lic property in any district. In any commercial district, signs may extend over public property no farther than eight (8) feet or to within two (2) feet of the back of the curb, whichever distance is smaller. Any sign so extending must be a mini- mum of ten (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, re- painting or cleaning, or due to an act of God, if not reinstalled within thirty (30) days of the re- moval, then the structural support shall be re- moved within twenty-four (24) hours. (Code 1966, 9 36-901; Ord. No. 80-8821, 9 1, 11-24-80; Ord. No. 81-8857, 9 1,6-22-81) 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 religious organi- zation, displayed on private property; (2) Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.; (3) Memorial signs and tablets displayed on pri- vate property; (4) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the signs does not exceed the re- quirements of such law, order, rule or regula- tion; (5) Small signs, not exceeding five (5) square feet in area, displayed on private property for the convenience of the public, including 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. (Code 1966, 9 36-903) 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 ap- plicable district regulations: (1) Illuminated nameplate signs not exceeding two (2) square feet in gross surface area ac- cessory to a single-family or two-family dwelling; (2) Illuminated identification signs not exceed- ing forty (40) square feet in gross surface area accessory to a multiple-family dwelling; (3) Illuminated bulletin board signs not exceed- ing forty (40) square feet in gross surface area accessory to a church, school or public or non- profit institution, subject to the provisions of section 42-503(d); (4) Illuminated business signs when located on property used for agricultural purposes and pertaining to the sale of agricultural prod- ucts produced on the premises. (Code 1966, 9 36-904) Sec. 42-506. Classification of signs-Functional types. The following signs are classified by function: (1) Advertising sign. A sign which directs atten- tion to a business, commodity, service or enter- tainment conducted, sold, or offered at a loca- tion other than the premises 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 2534 e e e - e ZONING REGULATIONS premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it, and announcements of persons, events or ac- tivities appearing or occurring at the institu- tion. Such signs may also present a greeting or similar message. (3) Business sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufac- tured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. (4) Construction sign. A temporary sign indicat- ing the names of architects, engineers, land- scape architects, contractors, and similar ar- tisans involved in the design and construction of a structure or project only during the con- struction 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, develop- ment or establishment. Such signs may be wholly or partly devoted to a readily recog- nized symbol. (6) Nameplate sign. 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. (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 by types: (1) Awning, canopy and marquee sign. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is other- wise permitted by this chapter. No such sign shall project more than twenty-four (24) inches above, below, or twelve (12) inches beyond the physical dimensions of the awning, can- opy or marquee, and a minimum of eight (8) feet of clearance shall be provided above grade. Supp. No.7 ~ 42-508 (2) Decorative sign. A sign or display fabricated of canvas, cloth, fabric, plastic, plywood, or other light, impermanent material 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 sup- ported by, the ground independently of the principal building or structure on the proper- ty. Signs on accessory structure shall be con- sidered ground signs. (4) Mobile sign. A sign that is not permanently affixed to the ground or a building and is designed or constructed to be easily moved from one location to another, including 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 free- standing 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 support and which projects more than twelve (12) inches from such building. (7) Roof sign. A sign erected, constructed, and maintained wholly upon or over the roof of a building and having the roof as the principal means of support. (8) Wall sign. A sign fastened to or painted on a wall of a building or structure in such a man- ner that the wall becomes merely the sup- porting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. (Ord. No. 88-9283, ~ 1, 11-14-88) 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 other requirements of this article and of the ap- plicable district regulations: (1) Advertising signs for special public events sponsored by governmental, philanthropic, and 2535 ~ 42-508 SALINA CODE non-profit organizations, subject to the follow- ing provisions: a. Only one sign shall be allowed on a zon- ing 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. (b) Mobile signs may be permitted upon issu- ance of a zoning certificate (sign permit) and when in compliance with all of the other requirements of this article, the applicable district regulations, and of the following provisions: (1) Only one mobile sign shall be allowed on a zoning lot. (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 and driveway. (4) Mobile signs shall not be placed on the prem- ises of an establishment which has an exist- ing pole sign or ground sign located in the front yard. (5) Mobile sign permits shall be valid for not more than thirty (30) days. Each establish- ment may be issued no more than four (4) permits during a calendar year for a com- bined 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 per- mitted. Use of aboveground extension cords is prohibited. All wiring shall comply with the electrical code of the city. (8) Use of red, yellow or green external lighting shall be prohibited. Any light shall be con- stant in intensity or color at all times. Supp. No.7 (c) Mobile signs which exist at the time of pas- sage of this section will be permitted for a period of one hundred fifty (150) days thereafter. At the conclusion of this time period, all such existing mobile signs will be subject to the restrictions of this article. (Ord. No. 88-9283, ~ 2, 11-14-88) Secs. 42-509-42-515. Reserved. DIVISION 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 per zoning lot provided that advertising signs shall not be permitted within five hundred (500) feet of a residence and not closer than five hundred (500) feet from another advertising sign. (4) Maximum gross surface area: a. Advertising sign: four nuncired (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 main- tain 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 prohib- ited. (Code 1966, ~ 36-907\1!) Sec. 42-517. RS, R, R-1, R-2, R-2.5, R-3 and MH residential districts. The followlng sign regulations shall apply in the RS, R, R-l, R-2, R-2.5, R-3 and MH residential districts: 2536 . e e e - e ZONING REGULATIONS ~ 42-518 (1) Functional types permitted: a. Bulletin board signs; b. Business signs (when used in conjunction with a garage sale or in conjunction with a conditional use along a collector or ar- terial street only); c. Construction signs; d. Identification signs; e. Nameplate signs; f. Real estate signs. (2) Structural types permitted: a. Ground signs; b. Pole signs: c. Wall signs; d. Awning. canopy and marquee signs (when used in conjunction with a conditional use along a collector or arterial street only). (3) Number of signs permitted: one per zoning lot, except that a maximum of three (3) construc- tion signs permitted. i4) Maximum gross surface area: a. Bulletin board signs: sixteen (16) square feet. b. Business signs: eight (8) square feet per lot. c. Construction signs: thirty-two (32) square feet. d. Identification signs: twelve (12) square feet. e. Nameplate signs: two (2) square feet. f Real estate signs: eight (8) square feet per lot. provided that one sign of not more than one hundred noO) 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 issuance of permit, or when seventy-five (75) percent of the lots Supp. No.7 in the subdivision or development have been sold, whichever occurs sooner. g. When used in conjunction with a condi- tional use and only along a collector or arterial street: one square foot of sign area for each lineal foot of building front- age, 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 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 construc- tion signs, shall maintain the same set- back required for principal structures. b. ,X/hen used in conjunction with a condi- tional use and only along a collector or arterial street, the entire sign shall be set back at least ten (10) feet. (71 Illumination: No sign shall be illuminated, except that bulletin board signs may be in- directly illuminated so as to avoid the direct casting of light upon any residential building. iCode 1966, ~ 36-907(2); Ord. No. 80-8825, ~ 1, 12-15-80; Ord. No. 85-9074, ~ 1,6-3-85) S~c. 42-518. U University district. The following sign regulations shall apply In the university district: (l) Functional types permitted: i1. Bulletin board signs; 2536.1 e e e e e ZONING REGULATIONS ~ 42-552 (5) Maximum height: thirty (30) feet. (6) Required setback: ten (10) feet. (7) Illumination: illuminated signs shall be per- mitted. (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 high- est 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 per- mitted. (Code 1966, ~ 36-907(8)) Sees. 42-525-42-540. 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 regu- .Cross reference-Stopping, standing and parking gener- ally, ~ 38-41 et seq. Supp. No.7 lations of this division. When an existing struc- ture or use is expanded, accessory off-street park- ing 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. Standards for required off-street parking. (a) Utilization. Required accessory off-street park- ing facilities provided for the uses hereinafter 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 an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such park- ing space. (d) Open and enclosed parking. No off-street park- ing, driving, or maneuvering areas open to the sky shall cover more than sixty (60) percent of the total area of any front yard nor shall any motor vehicle or recreation vehicle be parked in any front yard except upon a driveway or parking area. (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 areas and access drives shall be surfaced with a permanent asphalt or concrete pavement meeting standards and specifications of the city. Existing off-street parking areas not in compliance with this surfacing standard must be brought into compliance with this standard if there is: 2539 - ~ 42-552 a. A change in use to a more intensive occupancy group as per the adopted building code; b. A change in use which requires addi- tional off-street parking; c. An expansion or modification of the structure which requires additional off- street parking; d. Or in any event, within five (5) years from the effective date of this amend- ment. This surfacing requirement shall not apply to access drives and off-street parking spaces serving single-family dwellings or any per- mitted use in the A-I, RS, R, R-I, 1-2, or 1-3 zoning districts. Such drives and parking spaces shall be graded, drained and improved with gravel or other all-weather material. (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, fence or densely planted compact evergreen 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 dam- age 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) Repair and service. No motor vehicle re- pair work or service of any kind shall be permitted in association with any off-street parking facilities. (6) Computation. When determination of the number of off-street parking spaces required by this division results in a requirement 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 parking space. (7) Collective provisions. Off-street parking fa- cilities for separate uses may be provided Supp. No.7 2540 SALINA CODE collectively if the total number of spaces so furnished is not less than the sum of the separate requirements for each such use, and provided that all regulations covering the location of accessory parking spaces in relation to the uses served are 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 re- quired 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 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 per- mit is issued. CIO) 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. Not\vithstanding 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 parking, (2) Detaminatlon of' required spaces When de- termining the required number of off-street parking spaces for apartment houses, lodg- ing, boarding or rooming houses. fraterni- ties, sororities, and dormitories, an occu- pant shall mean an individual separate and distinct from the immediate family of the e e e - e ZONING REGULATIONS ~ 42-552 owner, landlord or operator. (Code 1966, ~ 36-1000(2); Ord. No. 87-9205, ~ 1,9-28-87; Ord. No. 88-9243, ~ 1,4-11-88) Sec. 42-553. Off-street parking space require- ments. Off-street parking spaces accessory to the uses hereinafter designated shall be provided as follows: (1) Dwelling and lodging uses. a. Dormitories, fraternities, sororities and other lodging facilities and rooms for un. married students: at least one (1) parking space for each occupant for the first twenty (20) occupants and a total number of spaces equal to seventy.five (75) per. Supp. No.7 2540.1 - e e e - e ZONING REGULATIONS !l 42-596 (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 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 e e e - e ZONING REGULATIONS S 42-597 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 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.8.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. (f) 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, S 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 e e e - e ZONING REGULATIONS ~ 42-597.2 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. 1. 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 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) ofthis chapter. CD 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 e e e e e ZONING REGULATIONS S 42-601 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 de- velopment, construction, reconstruction, alteration, relocation, maintenance or use, or to restrain, 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) Sec. 42-600. Interpretation, conflict and separability. (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) ConfZict with public and private provisions: (1) Public provisions. The provisions of this chap- ter are not intended to interfere with, abro- gate or annul any other law, ordinance, reso- lution, rule or regulation; where any provi- sion of this chapter imposes restrictions different from those imposed by any other statute, or- dinance, 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 restriction, provided, however, that where this chapter is more restrictive or imposes higher standards or requirements than Supp. No.7 such easements, covenants, private agreements or restrictions, the requirements of this chap- ter 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 zon- ing regulations, or as discontinuing, abating, modi- fying or altering any penalty accruing or to ac- crue, or as affecting the liability of any person or as waiving any rights of the city under any provi- sion 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) 2552.3 e It e - e ZONING REGULATIONS 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) Secs. 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 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 chap- ter, unless such definition is expressly limited 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 singular num- ber 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, cor- porations, partnerships, associations, gov- ernmental 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 de- signed 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) .Cr088 reference-Definitions and rules of construction generally, ~ 1-2. Supp. No.4 S 42-619 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)) 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 ac- cordance 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, flori- culture, 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 there- of; provided, however, such agricultural use shall not include the following uses: 0) The maintenance and operation of commer- cial 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 permitted by these regulations; 2553 ~ 42-619 SALINA CODE (3) The feeding, grazing, or sheltering of animals or poultry in either penned enclosures or in open pasture within one hundred (100) feet of any lot line. (Code 1966, ~ 36-1301(3)) 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, S 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, S 36-1301(5)) Sec. 42-622. Alteration. "Alteration," as applied to a building structure, is a change or rearrangement of the supporting members, or an enlargement, or the moving of one 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, S 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, S 36-1301(8)) Sec. 42-625. Apparel stores. "Apparel stores" are stores selling clothing for men, women or children at retail. (Code 1966, S 36-1301(9)) Supp. No.4 Sec. 42-625.1. Appeal. "Appeal" is a written request for a review of the zoning administrator's interpretation of any provision of this chapter. (Ord. No. 86-9119, S 2, 2-3-86) Sec. 42-626. Appliance repairs. "Appliance repairs" is the repairing and ser- vicing of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators. (Code 1966, S 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 appli- ances as are sold on the premises where such repairs are incidental or accessory to the sale of such types of appliances. (Code 1966, S 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, S 36-1301(12)) Sec. 42-629. Area. "Area" is a piece of land capable of being de- scribed with such accuracy that its location may be established and boundaries definitely ascertained. (Code 1966, S 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 precent or greater annual chance of flooding to an average depth of one to three (3) feet where a clearly defined channel is unpredict- able and where velocity flow may be evident. Such 2554 e e e - e ZONING REGULA TIONS flooding is characterized by ponding or sheet flow. (Ord. 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, S 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, S 36-1301(14); Ord. No. 87-9196, S 2, 7-27-87) Sec. 42-630.1. Automobile repair. "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, S 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 other 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, S 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.6 S 42-638 window from the elements. (Code 1966, S 36- 1301(16)) Sec. 42-633. Awning sign. See "sign, awning, canopy, and marquee." (Code 1966, S 36-1301(17)) Sec. 42-634. 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, S 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, S 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-of-way, shorelines or bound- ary lines of municipalities. (Code 1966, S 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, S 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, S 36-1301(22)) 2555 S 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" is the office of an engineer, dentist, doctor, attorney, real es- tate broker (agent), insurance broker, architect, or other similar professional person, and any of- fice used primarily for accounting, correspondence, research, editing or administration. (Code 1966, ~ 36-1301(26)) 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, 9 36-1301(28)) Supp. No.6 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, 9 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", 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 open space does not include streets, alleys, parks, 2556 e ,e e - e 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. "Corner 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, ~ 36-1301(37)) 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 kin- dergarten age including the family's own children in this age group and four (4) additional children kindergarten age and over, with a maximum of ten (10) children including the provider's children. Day care homes shall meet all requirements of the Kansas Department of Health and Environ- Supp. No.6 S 42-658 ment, 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 there- of. The holder of an option or contract to pur- chase, 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 im- proved or unimproved real estate, including but not limited to buildings or other structures, min- ing, dredging, filling, grading, paving, excavation or drilling operations. (Ord. No. 86-9119, ~ 2, 2-3-86) Sec. 42-657. Dog kennel. "Dog kennel" is any place where more than four (4) dogs are kept, maintained, boarded, and/or bred for a fee and/or offered for sale except those places/persons meeting the minimum requirements 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 entertainment, 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 automobiles on the prem- ises or elsewhere on the premises but outside any completely enclosed structures; or an establish- ment which customarily packages food for carry out. (Code 1966, ~ 1301(42); Ord. No. 82-8918, ~ 4, 8-9-82) 2557 ~ 42-658.1 SALINA CODE 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's 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 establishment 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 building or portion thereof, but not a mobile home, designed or used for residen- tial occupancy. (Code 1966, ~ 36-1301(45)) 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)) Supp. No.6 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 resi- dential building or residential portion of a build- ing which are arranged, designed, used or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof. (Code 1966, ~ 36-1301(51)) Sec. 42-668. Easement. "Easement" is authorization by a property owner for the use by another, and for a specified pur- pose, of any designated part of his property. (Code 1966, ~ 36-1301(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 ~ 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) Sec. 42-668.4. Reserved. Editor's note-Section 7 of Ord. 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. 2558 e e e - e ZONING REGULATIONS Sec. 42-669. Family. "Fa~ily" is either: (l) An individual or two (2) or more persons re- lated by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or (2) A group of not more than four (4) persons who need not be related by blood, marriage, or adoption, living together as a single house- keeping unit in a dwelling unit; plus in ei- ther case, usual domestic servants. A family may include any number of gratuitous guests or minor children not related by blood, marriage or adoption. (Code 1966, ~ 36-1301(53)) Sec. 42-670. Family care facility. "Family care facility" is a facility which pro- vides resident services in a single-family dwell- ing to six (6) or fewer individuals who need not be related. These individuals may be handicapped, aged, disabled, or in need of adult supervision, are undergoing rehabilitation, and are provided service and supervision in accordance with their individual needs. (Code 1966, ~ 36-1301(54)) 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 different from those which are allowed as of right within the zoning district in which the land is situated. (Code 1966, ~ 36-1301(57)) Supp. No.4 ~ 42-676 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. (Ord. 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. "Flood way" is the channel of a river or other watercourse and the adjacent land areas that must 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) 2559 ~ 42-676.1 SALINA CODE Sec. 42-676.1. Floodway fringe. "Floodway fringe" is that area of the flood plain, outside of the flood way, that on the average is likely to be flooded once everyone hundred (100) years (i.e., 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 rooD; 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 off-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 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- Supp. No.4 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 su- 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, ~ 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 compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and flood- 2560 e e e e e ZONING REGULATIONS way conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbaniza- tion of the watershed. (Ord. No. 86-9119, ~ 2, 2-3-86) Sec. 42-680. Front lot line. See "lot line, front." (Code 1966, ~ 36-1301(64)) Sec. 42-681. Front yard. See "yard, front." (Code 1966, ~ 36-1301(65)) Sec. 42-682. Frontage. "Frontage" is the length of a front lot line or lines. (Code 1966, ~ 36-1301(66)) Sec. 42-683. Garage. "Garage" is a building for the storage of motor vehicles. (Code 1966, ~ 36-1301(67)) Sec. 42-684. 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, ~ 36-1301(67a)) Sec. 42-685. 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, ~ 36-1301(68)) Sec. 42-686. Gasoline service station. "Gasoline service station" is any use of land, including any building or structure thereon, that is used for the supply of gasoline or other fuel for the propulsion of vehicles, including any area, building or structure used for polishing, greasing, washing, cleaning or servicing, or repairing of motor vehicles. (Code 1966, ~ 36-1301(69)) Supp. No.6 ~ 42-690 Sec. 42-687. Ground sign. See "sign, ground." (Code 1966, ~ 36-1301(70)) Sec. 42-688. Group care facility. "Group care facility" is a facility which pro- vides resident services to seven (7) or more indi- viduals of whom one or more are unrelated. These individuals may be handicapped, aged or disabled, are undergoing rehabilitation, and are provided services to meet their needs. (Code 1966, ~ 36-1301(71)) 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, ~ 36-1301(72); Ord. No. 82-8914, ~ 2, 6-21-82; Ord. No. 87-9206, ~ 1,9-28-87) 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 shall 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, 2561 * 42-690 SALINA CODE 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::t ~ 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, S 2,2-3-86) 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)) Supp. No.6 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)) 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, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposi- tion of the same. (Code 1966, ~ 36-1301(78)) Sec. 42-697. Landscaping. "Landscaping" is the improvement of a lot, par- cel 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 cloth- ing and other fabrics are laundered professional- ly. (Code 1966, 9 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, 9 36-1301(81)) Sec. 42-700. Lodging 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, 9 36-1301(82)) 2562 e e e - e ZONING REGULATIONS Sec. 42-701. Lot 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. Lot, corner. See "corner lot." (Code 1966, ~ 36-1301(84)) 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)) Supp. No.6 ~ 42-712 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 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 Jot 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 2563 ~ 42-712 SALINA CODE 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) Sec. 42-712.2. Manufactured home. "Manufactured home" means a structure trans- portable in one or more sections, which is built on a permanent chassis and which is not and cannot be determined to have been built in accordance with the building codes of the city, and is de- signed for use with or without a permanent foun- dation when connected to the required utilities. For flood plain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. (Ord. No. 87-9184, ~ 5,5-11-87) Sec. 42-712.3. Manufactured home park or subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. This term does not include sales lots on which unoccupied manufactured homes, whether new or used, are located for the purposes of stor- age, inspection or sale. (Ord. No. 87-9184, ~ 5, 5-11-87) Sec. 42-712.4. Manufactured home space. "Manufactured home space" is a plot of land within a manufactured home park which can ac- commodate one manufactured home and which Supp. No.6 provides the necessary utility services for water, sewerage and electricity. (Ord. No. 87-9184, ~ 5, 5-11-87) Sec. 42-713. Marquee sign. See "sign, awning, canopy, and marquee." (Code 1966, ~ 36-1301(95)) Sec. 42-714. Mini-warehouse. "Mini-warehouse" is a building or group of build- ings in a controlled-access and/or fenced compound 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 May 11,1987, repealed ~~ 42-715-42-718 in their entirety. Former ~~ 42-715-42-718, concerning definitions for mobile home provisions, derived from the Code of 1966, ~ 36-1301(96)-(99). Sec. 42-719. Mobile sign. See"sign, mobile." (Code 1966, ~ 36-1301(100)) Sec. 42-719.1. Modular home. "Modular home" means a home which the manufacturer certifies is constructed in accord- ance with City of Salina building codes, meaning a structure transportable in one or more sections, which is not constructed on a permanent chassis and which is designed to be used as a dwelling on a permanent foundation when connected to re- quired utilities including plumbing, heating, air- conditioning and electrical systems contained there- in. (Ord. No. 87-9184, ~ 6,5-11-87) Sec. 42-720. Motor freight terminal. "Motor freight terminal" is a building or area in which freight brought by truck is assembled 2564 . e e e - e ZONING REGULATIONS ~ 42-726 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 part of the completed vehicle. (See "recreational vehicle.") (Code 1966, ~ 36-130H102)) Sec. 42-722. Nameplate sign. See "sign, nameplate." (Code 1966, ~ 36-1301(103)) Sec. 42-722.1. New construction. "N ew construction" means any structure for which the "start of construction" or "substantial improvement" is commenced on or after the effec- tive date of the FIRM. (Ord. No. 86-9119, ~ 2, 2-3-86) Sec. 42-723. Nonconforming lot of record. "Nonconforming lot of record" is an unimproved lot which does not comply with the lot size re- quirements for any permitted use in the district in which it is located. (Code 1966, ~ 36-130H104)) 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, ~ 36-130H105)) 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, ~ 36-130H106)) Supp. No.6 Sec. 42-726. Nonconformity. "Nonconformity" is a nonconforming use, non- conforming structure, or a nonconforming lot of record. (Code 1966, ~ 36-130H107)) 2564.1 e - e - e ZONING REGULATIONS 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. (Code 1966, ~ 36-1301(113)) Supp. No.4 ~ 42-739 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, S 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, S 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 2565 S 42-739 SALINA CODE submitted to the planning commission for its ap- proval. (Code 1966, S 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, S 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, S 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, S 36-1301(123)) Sec. 42-743. Projecting sign. See "sign, projecting." (Code 1966, S 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 ofland 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, S 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)) Supp. No.4 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, S 36- 1301(127)) Sec. 42-747. Real estate sign. See "sign, real estate." (Code 1966, S 36-1301(128)) Sec. 42-748. Rear lot line. See "lot line, rear." (Code 1966, S 36-1301(129)) Sec. 42-749. Rear yard. See "yard, rear." (Code 1966, S 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, S 36-1301(138)) Sec. 42-751. Regulatory flood. This term and definition is to be deleted. (Code 1966, S 36-1301(131); Ord. No. 86-9119, S 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, S 36-1301(132)) Sec. 42-753. Residential building. "Residential building" is a building all or part of which contains one or more dwelling units, 2566 e e e - e ZONING REGULATIONS including single-family dwellings, two-family dwell- ings, multiple-family dwellings, lodging houses, mobile homes, dormitories, sororities and frater- nities. (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 shall be considered uses accessory to the use of the premises of a riding stable. (Code 1966, S 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, S 2, 2-3-86) Supp. No.4 S 42-765 Sec. 42-759. Roof sign. See "sign, roof." (Code 1966, S 36-1301(140)) 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; (2) Is used to announce, direct attention to, or advertise; and (3) Is not located inside a building. (Code 1966, ~ 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 2567 ~ 42-765 SALINA CODE other than the premises on which the sign is lo- cated, or to which it is affixed (off-premise sign). (Code 1966, ~ 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, ~ 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, ~ 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)) 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)) Supp. No.4 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, ~ 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, ~ 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, ~ 36- 1301(157)) 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, ~ 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, ~ 36-1301(159)) 2568 e e - - e ZONING REGULATIONS 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, ~ 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, ~ 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, ~ 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 flood plain regulations) includes substantial im- provements, and means the date the building per- mit was issued, provided the actual start of con- struction, repairs, reconstruction, 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 excavation; or the placement of a manufactured home on a foundation. Perma- nent construction does not include land prepara- tion, such as clearing, grading and filling; nor does it include the installation of streets and/or Supp. No.6 * 42-785.1 walkways; nor does it include the excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (Ord. No. 86-9119, ~ 2, 2-3-86; Ord. No. 87-9184, ~ 3,5-11-87) 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 two (2) or more lots for the purpose of offer, 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. (a) "Substantial improvement" is any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) per- cent of the market value of the structure either: 2569 ~ 42.785.1 SALINA CODE (1) Before the improvement or repair is started, or (2) If the structure has been damaged and is being restored, before the damage occurred. (b) For the purpose of this definition, "substan- tial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the exter- nal dimensions of the structure. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing, state or local health, sanitary or safety code specifications which are solely necessary to assure safe living con- ditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (Ord. No. 86- 9119, ~ 2, 2-3-86) Sec. 42-786. Tavern. "Tavern" is an establishment in which the prin- cipal function is the selling or serving of beer 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, ~ 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, ~ 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, ~ 36-1301(169)) Supp. No.6 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, ~ 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, ~ 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, ~ 36-1301(172)) 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, ~ 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, ~ 36-1301(174)) 2570 e e e - e ZONING REGULATIONS 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, ~ 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, ~ 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 of the 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- tended in a straight line to a point of intersection, (Code 1966, ~ 36-1301(176)) Cross reference-Obstructing visibility at intersections, ** 35-51 et seq., 42-81. Sec. 42-796. Wall sign. See "sign, wall." (Code 1966, ~ 36-1301(177)) Sec. 42-797. Wholesale sales. "Wholesale sales" are the sale of goods, mer- chandise and commodities for resale. (Code 1966, ~ 36-1301(178)) Sec. 42-798. Width, lot. See "lot width," (Code 1966, ~ 36-1301(179)) Sec. 42-799. Wind energy conversion system (WECS). "Wind energy conversion system CWECS)" means any device such as wind generator, wind charger, Supp. No.4 * 42-804 windmill or wind turbine which converts wind energy to another form of useable energy. (Ord. No. 81-8875, ~ 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, ~ 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 ~onsidered a front yard. (Code 1966, ~ 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 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, ~ 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, ~ 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- 2571 ~ 42-804 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, ~ 36-1301(184)) Sec. 42-805. Zoning lot. See "lot, zoning." (Code 1966, ~ 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, ~ 36-1301(186)) Supp. No.4 SALINA CODE [The next page is 2869] 2572 e e No. 1. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. 9. No. 10. No. 11. No. 12. No. 13. No. 14. No. 15. No. 16. e No. 17. No. 18. No. 19. No. 20. No. 21. No. 22. No. 23. No. 24. No. 25. APPENDIX A CHARTER ORDINANCES. Limitation on Tax Levies Urban Renewal, n 1-7 Limitation on Tax Levies Longevity Pay for Fire Department Payment Upon Retirement to Certain Members of the Police and Fire Departments Contribution By Officers and Members of the Fire and Police Departments for Retirement Systems Investment of Money for Policemen's and Firemen's Pension Funds Band Limitation on Tax Levies, H 1-4 Cereal Malt Beverage Licenses, H 1-3 Licensing of Pawnbrokers Licensing of Pawnbrokers General Improvements, ~~ 1-4 Consumption of Alcoholic Liquor in Public Places, H 1-4 Payment Upon Retirement to Certain Members of the Police and Fire Departments, H 1-3 Special Fund for Paying Utility Costs and Employee Benefits Special Fund for Paying Utility Costs and Employee Benefits, H 1-8 Municipal Court Costs and Fees, H 1-4 Licensing of Pawnbrokers and Precious Metal Dealers, H 1-4 Fixed Asset Records for Buildings and Land, H 1-3 Municipal Court Costs and Fees, ~~ 1-6 Promotion of Tourism and Conventions, ~~ 1-6 General Improvements and Issuance of Bonds, H 1-5 Salaries of Members of Governing Bodies, ~~ 1-4 General Improvements and Issuance of Bonds, ~~ 1-5 NO. 1. LIMITATION ON TAX LEVIESt NO.2. URBAN RENEW AL:j: 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. A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PRO- VISIONS OF K.S.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 - tEditor's note-Charter ordinance no. 1 was adopted on March 22, 1965, and was later repealed by charter ordinance no. 3. :j:Cross reference-Economic development, Ch. 11. e .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(5); administration, Ch. 2. Supp. No.7 2869 No. 2, ~ 1 SALINA CODE 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 of the 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. 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 with- out consideration, as it may determine: (a) Dedicate, sell, conveyor lease any of its in- terest in any property or grant easements, licenses or other rights or privileges therein to a municipality; (b) Incur the entire expense of any public im- provements made by such public body in ex- ercising the powers granted in this section; (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 munici- pality; (e) Enter into agreements (which may extend over any period, notwithstanding any provi- sion or rule of law to the contrary) with a municipality or other public body respecting action to be taken pursuant to any of the powers granted by this act, including the fur- nishing of funds or other assistance in con- nection with an urban renewal project; and Supp. No.7 (D 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 fur- nished; 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 pub- lic body or make exceptions from building regulations; and cause administrative and other services to be furnished to the municipality. If at any time title to or possession of any urban renewal project is held by any public body or governmental agency, other than the municipality, which is authorized by law to engage in the undertaking, carrying out, or administration or urban renewal projects (in- cluding 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 governmental agency. As used in this ordinance, the term "munici- pality" shall also include an urban renewal agency vested with all of the urban renewal project powers pursuant to the provisions of K.S.A. 17-4756 and any amendments thereto. Section 3. Transactions without notice or ad- vertising, 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, under- taking or carrying out of an urban renewal proj- ect 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 fur- nishing of financial and other assistance. 2870 e e e APPENDIX A-CHARTER ORDINANCES Section 5. Issuance of bonds. For the purposes of this ordinance, or for the purp~se of aiding in the planning, undertaking or carrymg out of an urban renewal project within the city, the governing body may (in addition to any authority to issue bonds pursuant to KS.A. 17 -4 7 51) 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 KS.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 ~wo-thirds (2/3) vote of the members elect voting m favor thereof, and approved by the mayor this 4th day of April, 1966. No.5 NO. 3. LIMITATION ON T AX 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. LONGEVITY PAY FOR FIRE DEPARTMENTt A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PRO- VISIONS OF KS.A. 13-791 WHICH PROVIDES LONGEVITY PAY FOR REGULAR APPOINTED MEMBERS OF THE FIRE DEPARTMENT. NO.5. PAYMENT UPON RETIREMENT TO CERTAIN MEMBERS OF THE POLICE AND FIRE DEPARTMENTS:!: A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PRO- VISIONS OF KS.A. 13-14a08 WHICH PROVIDES FOR PAYMENTS UPON RETIREMENT TO CER- TAIN MEMBERS OF THE POLICE DEPART- MENT OR FIRE DEPARTMENT AND PROVID- ING SUBSTITUTE AND ADDITIONAL 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-Charter 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. :/:Editor's note-Charter 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 ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PRO- VISIONS OF KS.A. 13-14a06, WHICH PROVIDES FOR MEMBERSHIP FEES AND CONTRIBU- TIONS BY OFFICERS AND MEMBERS OF THE FIRE AND POLICE DEPARTMENTS FOR THEIR RETIREMENT SYSTEMS AND PROVIDING FOR REFUNDS UPON TERMINATION OF SERVICES WITH SAID DEPARTMENTS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT. NO.7. INVESTMENT OF MONEY FOR POLICEMEN'S AND FIREMEN'S PENSION FUNDSt A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PRO- VISIONS OF KS.A. 13-14a05, WHICH 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 THEIR RETIREMENT SYSTEMS AND PROVID- ING SUBSTITUTE AND ADDITIONAL PROVI- SIONS ON THE SAME SUBJECT. NO.8. BAND:t: A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PRO- VISIONS OF KS.A. 12-14a05, WHICH DEFINES 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 note-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 note-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 PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT. NO.9. LIMITATION ON TAX LEVIES. A CHARTER ORDINANCE EXEMPTING 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 REPEALING 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 KS.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. 2872 e e e APPENDIX A-CHARTER ORDINANCES 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 VNLA WFUL TO SELL CEREAL MALT BEVERAGES AT RETAIL WITHOUT FIRST SE- CURING A LICENSE THEREFOR AND ESTAB- LISHING THE PROCEDURE AND LICENSE .Cross references-Cereal malt beverages generally, ~ 5-66 et seq.; retailer's license fee for cereal malt beverages, ~ 5-93. No. 10, ~ 1 FEES THEREFOR; AND PROVIDING SUBSTI- TUTE AND ADDITIONAL 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, ~ritten 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, ~ 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.n. 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 note-Charter ordinance no. 11 was adopted on December 9, 1974, and was later repealed by charter ordi- nance no. 12. 2874 e e e APPENDIX A-CHARTER ORDINANCES 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. No. 13, ~ 4 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 (c)(3) 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) ofthe members elect voting thereon this 19th day of September, 1977. NO. 14. CONSUMPTION OF ALCOHOLIC LIQUOR IN PUBLIC PLACES* A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS FROM THE PRO- VISIONS OF KS.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 KS.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 KS.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 be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200), or by imprisonment for not more than six (6) months or 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 e e e e e APPENDIX A-CHARTER ORDINANCES NO. 15. PAYMENT UPON RETIREMENT TO CERTAIN MEMBERS OF THE POLICE AND FIRE DEP ARTMENTS* A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NUMBER 5 WHICH EXEMPTS THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF KS.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. 17, ~ 1 NO. 16. SPECIAL FUND FOR PAYING UTILITY COSTS AND EMPLOYEE BENEFITS* A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM KS.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 KS.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 charter ordinanc~ no. 17. '/Cross references-Public utilities, Ch. 31; water and sew- ers, Ch. 41. 2877 No. 17, ~ 1 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; CD 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 (cX3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon. 2878 e e e - e APPENDIX A-CHARTER ORDINANCES 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 ADDITIONAL 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.4 2879 No. 19, ~ 1 (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." 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 (21:1) 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. 75-1120(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 itselff'rom 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 (cX3) 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. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: *Cross reference-Municipal court generally, Ch. 23. 2880 e e e -- e APPENDIX A-CHARTER ORDINANCES Section 1. Election to exempt. The City of Salina hereby elects to exempt it- self from the provisions of KS.A. 12-4112, pursu- ant to Article 12, Section 5(c)(1), of the Kansas Constitution. Section 2. Provision for court costs and fees. In lieu of the provisions of KS.A. 12-4112, the governing 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 fer 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 flIed 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 and approved by the Mayor this 11th day of February, 1985. Supp. No.7 No. 22, ~ 2 NO. 22. PROMOTION OF TOURISM AND CONVENTION A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM KS.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 itselffrom the provisions of KS.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 KS.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. (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 2881 No. 22, ~ 2 SALINA CODE 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 KS.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 KS.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. (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. Supp. No.7 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 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 12, Section 5 of the Consti- tution of the State of Kansas, hereby elects to exempt itself from and make applicable 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-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 e e e e e 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: 13-1024a. General improvements and land there- for; borrowing money and bond issues; when election required. For the purpose of paying for any bridge, viaduct public buildings, including the land necessa~y 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 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, ~ 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 ofthe 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 note-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 e e e - e APPENDIX A-CHARTER ORDINANCES No. 25, S 5 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 improve- ments 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 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 Sa- lina Journal, the official city newspaper. Section 5. 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 ap- proved 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 Kan- sas Constitution. Passed by the Governing Body by not less than two-thirds (%) of the members elect voting thereon this 19th day of December, 1988. Supp. No.7 [The next page is 2981] 2885 e - e - e APPENDIX A-CHARTER ORDINANCES No. 21, ~ 6 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(cX1), of the Kansas Constitution. Section 2. Provision for court costs and fees. In lieu of the provisions of K.S.A. 12-4112, the governing 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 the 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 for 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 is 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 and approved by the Mayor this 11th day of February, 1985. Supp. No.4 [The next page is 2981] 2881 e APPENDIX B FRANCHISES. e Art. I. Art. II. Art. III. Art. IV. Art. V. e - e Kansas Power and Light Company-Electric Franchise, ~~ 1-7 Kansas Power and Light Company-Natural Gas Franchise, ~~ 1-10 Salina Cable T.V. System, ~~ 1-19 Southwestern Bell Telephone Company, H 1-4 Southwestern Bell Telephone Company, ~~ 1-4 ARTICLE I. KANSAS POWER AND LIGHT COMPANY-ELECTRIC FRANCHISEt ORDINANCE NUMBER 86-9125 AN ORDINANCE GRANTING TO THE KAN- SAS POWER AND LIGHT COMPANY (ALSO KNOWN AS KPL GAS SERVICE), A KANSAS CORPORATION, ITS SUCCESSORS AND AS- SIGNS, AN ELECTRIC FRANCHISE, PRESCRIB- ING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINAN- CES OR PARTS OF ORDINANCES INCONSIS- TENT WITH OR IN CONFLICT WITH THE TERMS THEREOF. 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 corporation, 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, into and through which it has built transmission lines, the right, privilege, and authority for a period of twenty (20) years from the 1st day of June, 1986, to occupy and use the tEditor's note-Former Art. I, which was repealed by Ord. No. 86-9125, derived from Ord. No. 6981, adopted June 19, 1967. several streets, avenues, alleys, bridges, parks, parkings, and public places of said City, for the placing and maintaining of equipment and prop- erty necessary to carryon the business of selling and distributing 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 avail- able; 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 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 propertYi 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 and property, and shall hold and save harmless the City of Salina, Kansas, from any and all dam- age, injury and expense caused by the sole negli- *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, ~ 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.7 2981 Art. I, ~ 3 SALINA CODE gence 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 representations regarding the subject matter here- of, 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 II. KANSAS POWER AND LIGHT COMPANY- NATURAL GAS FRANCHISE. ORDINANCE NUMBER 86-9126 AN ORDINANCE GRANTING TO THE KAN- SAS POWER AND LIGHT COMPANY (ALSO *Editor's note-Former Art. II, which was repealed by Ord. No. 86-9126, derived from Ord. No. 6982, adopted June 19, 1967. Supp. No.7 KNOWN AS KPL GAS SERVICE), A KANSAS CORPORATION, ITS SUCCESSORS AND AS. SIGNS, A NATURAL GAS FRANCHISE, PRE- SCRffiING THE TERMS THEREOF AND RELAT- ING THERETO, AND REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES INCON- SISTENT 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 "Com- pany," said Company being a corporation operat- ing 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 equipment necessary to carryon 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 lim- its thereof; to obtain said natural gas from any source available; and to do all things necessary or proper to carryon 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. 2982 e e e - e APPENDIX B-FRANCHISES 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 connection 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 quantity and for such length of time, limited by the terms hereof, as the said sources and said pipelines 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. Supp. No.5 Art. III 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 file with the City Clerk of said City of Sali- na, 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 representations regarding the subject matter here- of, 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. 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 8544 AN ORDINANCE OF THE CITY OF SALINA, KANSAS, GRANTING TO SALINA CABLE T.V. SYSTEM, INC., A CORPORATION, ITS SUCCES- SORS, LEASEES AND ASSIGNS, FOR A TERM 2983 Art. III SALINA CODE OF FIFTEEN (15) YEARS, THE RIGHT, AUTHOR- ITY, POWER AND FRANCmSE TO ESTABLISH, CONSTRUCT, ACQUIRE, MAINTAIN AND OP- ERATE A COMMUNITY ANTENNA AND CLOSED-CIRCUIT ELECTRONIC SYSTEM WITHIN THE CITY OF SALINA, KANSAS, TO RENDER, FURNISH AND SELL COMMUNITY ANTENN AE AND CLOSED-CIRCUIT ELEC- TRONIC SERVICE THEREFROM WITHIN THE CITY OF SALINA, KANSAS, AND ENVIRONS THEREOF, AND TO USE AND OCCUpy THE STREETS AND OTHER PUBLIC PLACES OF THE CITY OF SALINA, KANSAS, FOR SUCH COMMUNITY ANTENNAE AND CLOSED- CIRCUIT ELECTRONIC SYSTEM; AND REPEAL- ING ORDINANCE NUMBER 6291. Be it Ordained by the Governing Body of the City of Salina, Kansas: Section 1. Grant of franchise. After public hearings affording an opportunity to be heard to all interested parties, and after a review of the qualifications of Salina Cable T.V. System, Inc., and after determining that Salina Cable T.V. System, Inc., is legally qualified, of good moral character and reputation, adequately financed and technically competent to provide com- munity antenna television service to the City of Salina, there is hereby granted to Salina Cable T.V. System, Inc., a corporation, duly authorized to do business in the State of Kansas (hereinafter called the "grantee"), and to the grantee's suc- cessors, lessees, and assigns, pursuant to K.S.A. 12-2006-14 for the full term of fifteen (15) years from the date hereof, the nonexclusive right, au- thority, power and franchise to establish, construct, acquire, maintain and operate a community an- tennae and closed-circuit electronic system within the City of Salina, Kansas (hereinafter called the "city"), to render, furnish, and sell community antennae and closed-circuit electronic service from such system to the inhabitants of the city and its environs, and to use and occupy the streets and other public places within the corporate limits of the city as the same now exist or may hereafter exist for its community antennae and closed-circuit electronic system, including the right to enter and construct, erect, locate, relocate, repair and Supp. No.5 rebuild in, on, under, along, over and across the streets, alleys, avenues, parkways, lanes, bridges and other public places of the city, all towers, poles, cables, amplifiers, conduits, and other fa- cilities owned, leased or otherwise used by the grantee for the furnishing of community anten- nae and closed-circuit electronic service within the city and environs thereof during the continu- ance of the franchise hereby granted. Section 2. Work performed by franchise. Any pavements, sidewalks, or curbing taken up or any and all excavations made by the grantee shall be done under the supervision and direction of the governing body of the city under permits issued for work by the proper officials of the city and shall be made and done in such manner as to give the least inconvenience to the inhabitants of the city and the public generally, and all such pavements, sidewalks, curbing and excavations shall be replaced and repaired in as good condi- tion as before, with all convenient speed, by and at the expense of the grantee, which shall at all times make and keep full and complete plats, maps and records showing the exact location of its facilities located within the public ways of the city. The grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixtures, water hydrants or mains, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. Section 3. Saving city harmless; notification of city of suits or claims. It is expressly understood and agreed by and between the grantee and the city that the grantee shall save the city harmless from all loss sus- tained by the city on account of any suit, judg- ment, execution, claim or demand whatsoever, including legal fees incurred, resulting from neg- ligence on the part of the grantee in the construc- tion, operation, or maintenance of its electric sys- tem in the city. The city shall notify the grantee's 2984 e e e - e APPENDIX B-FRANCHlSES Art. III, ~ 3 representative in the city within thirty (30) days after the presentation of any claims or demand, either by suit or otherwise, made against the city on account of any negligence as aforesaid on the part of the grantee. The grantee will file with the city clerk proof of liability insurance in such amounts Supp. No.5 2984.1 e e e APPENDIX B-FRANCHISES as directed by the city and will provide thirty (30) days notice to the city of cancellation of the in- surance policy. Section 4. Rules and regulations; rates. The grantee shall have the authority to pro- mulgate such rules, regulations, terms and condi- tions of its business as shall be reasonably neces- sary to enable the grantee to exercise its rights and perform its services under this franchise and to assure an uninterrupted service to each and all of its customers. The grantee shall have the right and power to fix, charge, collect and receive rea- sonable rates for community antennae and closed- circuit electronic service furnished within the cor- porate limits of the city; provided however, the grantee shall file with the city a schedule of its proposed rates and charges for its proposed ser- vices, which such rates and charges shall be es- tablished as maximum rates for its services and may not be exceeded without the approval of the governing body of the city; provided further how- ever, that the governing body of the city shall at no time fix a rate which shall prohibit grantee from earning a reasonable rate upon the fair value of the property used and useful in such service. Section 5. Placement of facilities. The city reserves the right of reasonable regu- lation of the erection, construction or installation of any facilities by the grantee and to reasonably designate where such facilities are to be placed within the public ways and places. Section 6. Moving of buildings. The grantee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to per- mit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same and the grantee shall have the authority to re- quire such payment in advance. The grantee shall be given not less than forty-eight (48) hours ad- vance notice to arrange for such temporary wire changes. Art. III, ~ 10 Section 7. Trimming of trees. The grantee shall have the authority to trim trees upon the overhanging streets, alleys, side- walks and other public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grant- ee, all trimming to be done under the supervision and direction of the city and at the expense of the grantee. Section 8. Changing of grades. In the event that at any time during the period of this franchise the city shall lawfully elect to alter, or change the grade of, any street, alley or other public way, the grantee, upon reasonable notice by the city, shall remove, relay, and relo- cate its poles, wires, cables, underground conduits, manholes and other telephone fixtures at its own expense. Section 9. Franchise subject to police power and reasonable regulation. The grantee shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the city, and to such reason- able regulation as the city shall hereafter, by resolution or ordinance, provide. Section 10. Franchise fee. In consideration for the rights, privileges, and franchise hereby granted, and as compensation to the city for the use of its public ways and places by the grantee, and in lieu of all occupation and license taxes, the grantee shall, on or before the 1st day of January of each year pay to the city the sum of twenty-five dollars ($25.00) and shall on or before the last day of January and the last day of July each year in which this franchise is effec- tive, pay to the city a sum equal to three (3) per cent of the gross receipts from the sale of commu- nity antennae and closed-circuit electronic service within the then existing corporate limits of the city for the preceding six-month period ending on the last day of December and the last day of June, respectively. The term "gross receipts" as applied to sales of community antennae and closed-circuit 2985 , Art. III, ~ 10 SALINA CODE electronic service, as used in this section, shall include service sold for domestic or residential consumption, and service for commercial or in- dustrial consumption, provided, however, pursu- ant to the rules and regulations of the Federal Communications Commission there shall be ex- cluded revenues from "ancillary" or "auxiliary" services such as advertising, leased channels and programming supplied on a per program or per channel charge basis, or refunds or credits made to subscribers. Similarly, there shall not be in- cluded service to educational institutions not op- erating for profit, churches, and charitable insti- tutions, as such users are construed by the United States Department of Internal Revenue Service under current revenue acts. Section 11. Local business office; filing of complaints. The grantee shall maintain a local business office for the purpose of providing service here- under and for the investigation and resolution of all complaints regarding community antennae or closed-circuit electronic service pursuant to pro- cedures adopted by the city and grantee, for his purpose, from time to time. The city manager, or his designee, shall have primary responsibility for the continuing administration of this franchise and implementation of complaint procedures, and the grantee shall notify each subscriber of the procedures for reporting and resolving complaints at the time of initial subscription. Section 12. Right to renew. As an inducement to grantee to continue to improve its systems and services offered at all times during the franchise period, the city agrees to give grantee a first right of refusal to renew said franchise, in accordance with the applicable rules of the Federal Communications Commission, provided grantee's operation has been satisfactory. Section 13. Amendment of franchise. It shall be the policy of the city to amend this franchise upon application of the grantee, when necessary to enable the grantee to take advan- tage of any developments in the field of transmis- sion of television and radio signals which will afford it an opportunity to more effectively, effi- ciently or economically serve its customers, and any modifications required by the amendment of the rules and regulations of the Federal Commu- nications Commission shall be incorporated into this franchise as of the date such modifications become obligatory under Federal Communications Commission regulations, or in the event no oblig- atory date is established, within one year of the adoption of such modification or at the time of the renewal of this franchise, whichever first occurs. Section 14. Map of lines and facilities. The grantee shall, within sixty (60) days after the effective date of this ordinance, file in the office of the city engineer of said city a map indi- cating and describing the exact location of all of its lines and facilities within the city streets, al- leys and public ways, including underground ca- bles and equipment. Grantee shall annually there- after on or before March 1st of each year, file with the city engineer such maps as may be necessary to indicate changes made in said system during the past calendar year. Section 15. Costs of publication. Grantee shall assume all costs incurred by the city for publication of this ordinance. Section 16. Repealer. Ordinance Number 6291 is hereby repealed as of the effective date of this ordinance. Section 17. Rights of successors. All provisions of this ordinance shall be bind- ing upon the grantee and all successors, lessees and assigns of the grantee whether expressly stated herein or not, and all the rights, authorities, pow- ers, grants and privileges secured by this ordi- nance to the grantee shall be held to insure to the benefit of the grantee and all successors, lessees and assigns of the grantee. Section 18. Statutory authority. This franchise herein granted shall be subject to the applicable provisions of K.S.A. 12-2006-14. 2986 e e e - e APPENDIX B-FRANCHISES Section 19. Effective date. This ordinance shall not take effect until pub- lished in the official city newspaper once a week for three (3) consecutive weeks and until after the expiration of sixty (60) days from the date of final passage; provided however if a sufficient p~tition is filed and a referendum held on the ordmance as provided in K.S.A. 12-2001 in which case the ordinance shall become effective if approved by a majority of the electors voting thereon. First Reading: February 7, 1977 Second Reading: February 14, 1977 Third Reading: February 28, 1977 ARTICLE IV. SOUTHWESTERN BELL TELEPHONE COMPANY* ORDINANCE NO. 84-8999 AN ORDINANCE GRANTING SOUTHWEST- ERN BELL TELEPHONE COMPANY A FRAN- CHISE TO OPERATE ITS TELEPHONE BUSI- NESS IN THE CITY OF SALINA; DEFINING THE MANNER AND PLACE OF CONSTRUC- TION OF ITS LINES AND PROVIDING FOR AN ANNUAL PAYMENT TO BE MADE TO THE CITY OF SALINA, KANSAS. Be it Ordained by the Governing Body of the City of Salina, Kansas: Section 1. Grant of authority. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "tele- phone company") is hereby granted the right and privilege to continue to operate its telephone sys- tem and all business incidental to or connected with the conducting of a telephone business and system in the City of Salina, State of Kansas (herein referred to as "city"). The plant construc- tion and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the tele- *Editor's note-Ord. No. 84-8999, adopted Feb. 6, 1984, granting a franchise to Southwestern Bell Telephone Compa- ny, has been set out in Art. IV of App. B in place of Ord. No. 6296, ~~ 1-8, adopted Jan. 27,1959, as amended by Ord. No. 68744, ~ 1, adopted Oct. 21, 1963. Supp. No.2 Art. IV, ~ 2 phone company in said city shall remain as now constructed, subject to such changes as may be considered necessary by the city in the exercise of its inherent powers and by the telephone com- pany in the conduct of its business, and said tele- phone company shall continue to exercise its right to place, remove, construct, and reconstruct, ex- tend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated from time to time require, along, across, on, over, through, above and under all the public streets, avenues, alleys, bridges, and the public grounds and places within the lim- its of said city as the same from time to time may be established. Section 2. Payments to city. The telephone company shall pay the city the following basic rate of compensation: (1) For the period January 1, 1984, to March 31, 1984, a sum computed at the rate of twelve cents ($0.12) per month per access line located within said city. Payment for this period will be made on or about April 1, 1984. (2) For the period April 1, 1984, through Decem- ber 31, 1988, a sum computed at no less than a rate of sixty-five cents ($0.65) per month per access line located within the city. Pay- ment for this period will be made on or about the first day of each month beginning on or about May 1, 1984, for the period April 1, 1984, through April 30, 1984, and on or about the first day of each succeeding month for the month immediately preceding, the final monthly payment being due on or about Janu- ary 1, 1989. The above basic rate shall be subject to adjust- ments in the event that the basic charge made by the telephone company for an access line located within the city is increased above the charge in effect on January 1, 1984. In the event the tele- phone company increases its basic access line charge to its customers within the city, then the sum paid to the city hereunder shall be increased at the same percentage as the increase within the city. Four (4) months prior to the expiration of this agreement the telephone company shall no- tify the city of the pending expiration of the cur- 2987 Art. IV, ~ 2 SALINA CODE rent agreement. This agreement may also be ter- minated forthwith by the telephone company if authority to collect the amount of such payments or part of such payments from its customers within the city shall be removed, cancelled or withheld by legislative, judicial or regulatory act. Section 3. Access lines. The number of access lines upon which the pay- ment specified in section 2 shall be determined shall be the number of access lines in service determined by a count made on January first and July first of each year. The payments herein pro- vided shall be in lieu of all other licenses, charg- es, fees or impositions (other than the usual gen- eral or special ad valorem taxes) which might be imposed by the city under authority conferred by law. The telephone company shall have the privi- lege of crediting such sums payable hereunder with any unpaid balance due said company for telephone service rendered or facilities furnished to said city. Section 4. Compliance with applicable laws and ordinances. The telephone company shall, at all times dur- ing the life of this franchise, be subject to all lawful exercise of the police power by the city, and to such reasonable regulation as the city shall hereafter by resolution or ordinance provide. Section 5. Telephone company liability; in- demnification. It is expressly understood and agreed by and between the telephone company and the city that the telephone company shall save the city harm- less from all loss sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the telephone company in the construction, op- eration or maintenance of its telephone system in the city. The city shall notify the telephone com- pany's representative in the city within twenty (20) days after the presentation of any claim or demand, either by suit or otherwise, made against the city on account of any negligence as aforesaid on the part of the telephone company. Supp. No.2 Section 6. City liability; indemnification. The city shall indemnify and defend the tele- phone company, its officers, agents or employees, against any and all liabilities for injury to or death of any person, or any damage to any prop- erty caused by the negligent or intentional act of the city, its boards, commissions, officers, agents and employees. Section 7. Relocation. In event that at any time during the period of this franchise the city shall lawfully elect to alter, or change the grade of, any street, alley or other public way, the telephone company, upon reason- able notice by the city, shall remove, relay, and relocate its poles, wires, cables, underground con- duits, manholes and other telephone fixtures at its own expense. Section 8. Temporary removal of wires. 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, raising or lowering of wires shall be paid by the party or parties requesting the same, and the telephone company may require such pay- ment in advance. The telephone company shall be given not less than fifteen (15) days' written no- tice from the applicant detailing the time and location of the moving operations, and not less than twenty-four (24) hours' advance notice from the applicant advising of the actual operation. Section 9. Tree trimming. Permission is hereby granted to the telephone company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said city so as to prevent the branches of such trees from coming in contact with the wires and cables of the telephone company, all the said trimming to be done under the supervision and direction of any city official to whom said duties have been or may be delegated. 2988 e e e e e APPENDIX B-FRANCHISES Section 10. Use of 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 a prerequisite to such attach- ments. Section 11. Nonexclusive franchise. Nothing herein contained shall be construed as giving to the telephone company any exclusive privileges, nor shall it affect any prior or existing rights of the telephone company to maintain a telephone system within the city. Section 12. Publication costs. The telephone company shall assume the cost of publication of this franchise as such publica- tion is required by law. A bill for publication costs shall be presented to the telephone company by the city treasurer upon the telephone compa- ny's filing of acceptance and shall be paid at the time. Section 13. Repeal of existing franchise. All other ordinances and agreements and parts of ordinances and agreements relating to the op- eration of a telephone system within said city are hereby repealed. Section 14. Approval by telephone company. The said telephone company shall have sixty (60) days from and after its passage and approval to file its written acceptance of this ordinance with the city clerk, and upon such acceptance being filed, this ordinance shall be considered as taking effect and being in force from and after the date of its passage and approval by the mayor. Introduced: Second Reading: Third Reading: January 16, 1984 January 23, 1984 February 6, 1984 Supp. No.7 Art. V, ~ 2 ARTICLE V. SOUTHWESTERN BELL TELEPHONE COMPANY ORDINANCE NUMBER 88-9278 AN ORDINANCE REGARDING SOUTHWEST- ERN BELL TELEPHONE COMPANY'S OPER- ATION OF ITS TELEPHONE BUSINESS IN THE CITY OF SALINA; DEFINING THE MANNER AND PLACE OF CONSTRUCTION OF ITS LINES AND PROVIDING FOR A MONTHL Y PAYMENT TO BE MADE TO THE CITY OF SALINA KANSAS. ' Be it Ordained by the Governing body of the City of Salina, Kansas: Section 1. Grant of authority. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "tele- phone company") may continue to operate its tele- phone system and all business incidental to or connected with the conducting of a telephone busi- ness and system in the City of Salina, State of Kansas (herein referred to as "city"). The plant construction and appurtenances used in or inci- dent to the giving of telephone service and to the maintenance of a telephone business and system by the telephone company in said city shall re- main as now constructed, subject to such changes as may be considered necessary by the city in the exercise of its inherent powers and by the tele- phone company in the conduct of its business, and said telephone company shall continue to exer- cise its right to place, remove, construct, recon- struct, extend and maintain its said plant and appurtenances as the business and purpose for which it is or may be incorporated from time to time require, along, across, on, over, through, above and under all the public streets, avenues, alleys, bridges, and the public grounds and places within the limits of said city as the same from time to time may be established. Section 2. Payments to city. The telephone company shall pay to the city the following basic rate of compensation: (1) For the period January 1, 1989, through De- cember 31,1990, a sum computed at the rate 2989 Art. V, ~ 2 SALINA CODE of sixty-eight cents ($0.68) per month per ac- cess line located within the city. Payment for this period will be made on or about the first day of each month beginning on or about February 1, 1989, and on or about the first day of each succeeding month for the month immediately preceding, the final monthly pay- ment being due on or about January 1, 1991. (2) For the period January 1, 1991, through De- cember 31,1992, a sum computed at the rate of seventy-one cents ($0.71) per month per access line located within said city. Payment for this period will be made on or about the first day of each month beginning on or about February 1, 1991, and on or about the first day of each succeeding month for the month immediately preceding, the final monthly pay- ment being due on or about January 1, 1993. (3) For the period January 1, 1993, through De- cember 31,1994, a sum computed at the rate of seventy-four cents ($0.74) per month per access line located within the city. Payment for this period will be made on or about the first day of each month beginning on or about February 1, 1993, and on or about the first day of each succeeding month for the month immediately preceding, the final monthly pay- ment being due on or about January 1, 1995. (4) For the period January 1, 1995, through de- cember 31, 1996, a sum computed at the rate of seventy-seven cents ($0.77) per month per access line located within the city. Payment for this period will be made on or about the first day of each month beginning on or about February 1, 1995, and on or about the first day of each succeeding month for the month immediately preceding, the final monthly pay- ment being due on or about January 1, 1997. (5) For the period January 1, 1997, through De- cember 31, 1998, a sum computed at the rate of eighty cents ($0.80) per month per access line located within the city. Payment for this period will be made on or about the first day of each month beginning on or about Febru- ary 1, 1997, and on or about the first day of each succeeding month for the month preced- ing, the final monthly payment being due on or about January 1, 1999. Supp. No.7 Four (4) months prior to the expiration of this agreement, the telephone company shall notify the city of the pending expiration of the current agreement. This agreement may also be termi- nated forthwith by the telephone company if au- thority to collect the amount of such payments or part of such payments from its customers within the city shall be removed, cancelled or withheld by legislative, judicial or regulatory act. Section 3. Access lines. The number of access lines upon which the pay- ment specified in Section 2 shall be determined shall be the number of access lines in service determined by a count made on January 1 and July 1 of each year. The payments herein pro- vided shall be in lieu of all other licenses, charges, fees or impositions (other than the usual general or special ad valorem taxes) which might be im- posed by the city under authority conferred by law. Section 4. Compliance with applicable laws and ordinances. The telephone company shall, at all times dur- ing the life of this ordinance, be subject to all lawful exercise of the police power by the city, and to such reasonable regulation as the city shall hereafter by resolution or ordinance provide. Section 5. Telephone company liability; in- demnification. It is expressly understood and agreed by and between the telephone company and the city that the telephone company shall save the city harm- less from all loss sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the telephone company in the construction, op- erations or maintenance of its telephone system in the city. The city shall notify the telephone company's representative in the city within twenty (20) days after the presentation of any claim or demand, either by suit or otherwise, made against the city on account of any negligence as aforesaid on the part of the telephone company. 2990 - e e e - e APPENDIX B-FRANCHISES Art. V, ~ 14 Section 6. City liability; indemnification. The city shall indemnify and defend the tele- phone company, its officers, agents or employees, against any and all liabilities for injury to or death of any person, or any damage to any prop- erty caused by the negligent or intentional act of the city, its boards, commissions, officers, agents and employees. Section 7. Relocation. In the event that at any time during the period of this ordinance the city shall lawfully elect (a) to alter, or change the grade of, any street, alley or other public way, or (b) install, maintain or alter water, sanitary sewer, or storm sewer lines in public easements or rights-of-way, the telephone company, upon reasonable notice by the city, shall remove, relay, and relocate its poles, wires, ca- bles, underground conduits, manholes and other telephone fixtures at its own expense. Section 8. Temporary removal of wires. 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, raising or lowering of wires shall be paid by the party or parties requesting the same, and the telephone company may require such pay- ment in advance. The telephone company shall be given not less than fifteen (15) days written no- tice from the applicant detailing the time and location of the moving operations, and not less than twenty-four (24) hours advance notice from the applicant advising of the actual operation. Section 9. Tree trimming. Permission is hereby granted to the telephone company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said city so as to prevent the branches of such trees from coming in contact with the wires and cables of the telephone company, all the said trimming to be done under the supervision and direction of any city official to whom said duties have been or may be delegated. Supp. No.7 Section 10. Use of 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 attachments. Section 11. Nonexclusive. Nothing herein contained shall be construed as giving to the telephone company any exclusive privileges, nor shall it affect any prior or existing rights of the telephone company to maintain a telephone system within the city. Section 12. Publication costs. The telephone company shall assume the cost of publication of this ordinance as such publica- tion is required by law. A bill for publication costs shall be presented to the telephone company by the city clerk upon the telephone company's filing of acceptance and shall be paid at the time. Section 13. Repeal of existing ordinance. All other ordinances and agreements and parts of ordinances and agreements relating to the op- eration of a telephone system within said city are hereby repealed. Section 14. Approval by telephone company. The said telephone company shall have sixty (60) days from and after its passage and approval to file its written acceptance of this ordinance with the city clerk, and upon such acceptance being filed, this ordinance shall be considered as taking effect and being in force from and after the date of its passage and approval by the mayor. Introduced: September 12, 1988 Second Reading: September 19, 1988 Third Reading: September 26, 1988 [The next page is 3489] 2991 - e CODE COMPARATIVE TABLE 1966 CODE This table gives the location within this Code of those sections of the 1966 Code as 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 Seetion Section this Code Seetion 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 5-103, 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, 7-23 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 5-23, 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 Section Section Section this Code Section 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 10%-1-10%-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-lO 13-16-13-21 9-137,9-138 8-119,8-120 11A-11 13-22 9-139 8-113 11A-30, 11A-31 13-26 9-145, 9-146 8-131, 8-132 11A-40 13-27 9-146.1 8-133 11A-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-62-11A-64 13-42-13-44 9-179-9-181 8-66-8-68 11A-70-11A-73 13-56-13-59 9-200, 9-201 8-176, 8-177 11A-80 13-3 9-204, 9-205 41-71.1, 41-71.2 11A-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 16-1-16-5 18-1-18-5 9-433 22-63 16-7,16-8 18-6, 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 CODE COMPARATIVE TABLE e 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 33-37-33-39 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 22-351,22-352 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--'-19-33 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 20-12,20-13 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 32-16 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 38-2 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 25-43 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 38-41.7,38-63 23-155.1 28-3 e 22-184-22-189 38-64-38-69 23-156 25-5 3491 SALINA CODE Seetion Section Section this Code Section this Code 23-166 7-34 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 32-302-32-305 35-251-32-254 29-22 23-36 32A-11-32A-13 37-16--37-18 29-23-29-29 23-37-23-43 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 33-21 39-21 31-11 34-16 33-22 39-2, 39-22 31-18 34-34, 34-35 33-23, 33-24 39-31,39-32 31-19, 31-20 34-36, 34-37 33-26-33-28 39-33-39-35 31-23 34-38 33-30 39-36 31-35-31-41 34-16-34-22 33-41-33-43 39-51-39-53 31-43, 31-44 34-24, 34-25 34-1 40-1 31-45-31-51 34-27-34-33 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 34-51, 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 35-3-35-7 34-39-34-41 40-46-40-48 32-23 35-21 34-43-34-48 40-81-40-86 32-37-32-43 35-36--35-42 34-49 40-94 32-55-32-59 35-51-35-55 34-50 40-49 32-70-32-73 35-81-35-84 34-51-34-56 40-87-40-92 3492 CODE COMPARATIVE TABLE e Section Section Section this Code Section this 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 40-93 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--35-87 41-51-41-59 36-901 42-502, 42-503 36-100, 36-101 42-1,42-2 36-903-36-905 42-504-42-506 e 36-102(1)--36-102(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 36-300-36-302 42-40-42-42 36-1000(1)- 42-551- 36-400--36-406 42-56-42-62 36-1000(3) 42-553 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)-36-601(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) 42-64] 36-603 42-156 36-1301 (24) 42-639 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-'713 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)-36-608(5) 42-252-42-256 36-1301 (186) 42-806 36-609 42-266 3493 CODE COMPARATIVE TABLE e 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 Section Number Date Section this Code 1-20(Charter Ords.) App.A 1576(Res.) 6-28-55 1-5 17-16-17-20 6296 1-27-59 1-8 App. B, Art. IV, @@ 1-8 68744 10-21-63 1 App. B, Art. IV, @ 2 6944 11-21-66 3 1-5 6981 6-19-67 1-7 App. B, Art. I, @@ 1-7 6982 6-19-67 1-10 App. B, Art. II, @@ 1-10 7039 1-29-68 1-11 4-46-4-56 3245(Res.) 9- 8-75 1-10 10-16-10-25 8544 2-28-77 1-19 App. B, Art. III, @@ 1-19 3311 (Res.) 3-14-77 17-16 80-8788 4-28-80 1 2-161 80-8789 4-28-80 1 2-162 e 80-8794 4-28-80 1 (8-1) 7-1 1 (8-12) 7-16 1 (8-13) 7-17 1(8-14) 7-18 1(8-15) 7-19 1(8-26) 7-31 1 (8-27) 7-32 1(8-28) 7-33 1(8-39)-1(8-49) 7 -46-7 -56 1 (8-51) 7-58 1 (8-54) 7-57 1 (8-62) 7-71-7-78 1(8-73)- 7-91- 1(8-84) 7-102 1(8-94) 7-116,7-117 1(8-94,8-95,8-98) 7-118 1(8-96) 7-119 1(8-97) 7-121 1(8-99) 7-120 1(8-110) 7-103 1(8-110) 7-122 1 (8-121)- 7-136- 1(8-125) 7-140 1(8-136) 7-2 1 (8-137) 7-3 1(8-148) 7-4 80-8795 6-23-80 1 42-79 8()"8796 7- 7-80 1 42-112 2 42-113 3 42-127 e 3495 SALINA CODE Ordinance Adoption Section Number Date Section this Code 4 42-128 5 42-142 6 42-143 7 42-157 8 42-158 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)- 36-26- 1 (2.1-3) 36-28 1(2.2-1)- 36-36- 1 (2.2-7) 36-42 1(2.3-1)- 36-51- 1 (2.3-8) 36-58 1(3.1)-(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)- 38-151- 1(22-130) 38-157 81-8874 9-14-81 1 42-58 81-8875 9-14-81 1 42-799 3496 - CODE COMPARATIVE TABLE ()rdIaaaee AdoptIoa SedIoa N..... Date Seetlea W. c.Ie e 81-8881 10-19-81 1,3 2-2 81-8882 10-19-81 1,2 29-1 81-8885 11- 2-81 1 38-41. 7 38-63 81-8886 11- 2-81 1 38-41.7,38-70 81-8887 5- 3-82 1 42-403 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 33-49 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 82-8925 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 82-8932 8- 2-82 1 8-331 82-8942 10-25-82 1 1-12 82-8943 11- 1-82 Adopting Ordinance, p. vii 83-8954 1-24-83 1 42-252 2 42-267 3 42-282 4 42-302 5 42-317 6 42-332 83-8957 3-21-83 1 42-579 83-8962 5- 2-83 1 8-461-8-468 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 83-8984 12-19-83 1 14-1 83-8986 12-19-83 1 41-9 e 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 1-16-84 1 2-170-2-172 . 84-8998 1-23-84 1 16-11-16-22 Supp. No. 3 34" SALINA CODE Ordinance Adoption Section Number Date Section this Code 84-8999 2- 6-84 1-14 App. B, Art. IV, U 1-14 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 42-145 4 42-160 5 42-175 6 42-190 7 42-205 8 42-221 9 42-255 10 42-270 11 42-285 12 42-320 13 42-335 14 42-365 15 42-385 ~4-9006 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 e 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 38-11 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 e 8,9 42-189,42-190 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, 42-7311, 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, ~~ 1-8 e 86-9126 4- 7-86 1-11 App. B, Art. II, ~~ 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. ~o. 6 3500 e CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code e 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-H 7 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 3-6 34-86-34-89 88-9241 4-11-88 1 42-252 e 2 42-267 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 e 2 5-138 3 5-139 4 5-146 Supp_ No.7 3501 SALINA CODE Ordinance Adoption Section Number Date Section this Code 88-9278 9-26-88 1-14 App. B, Art. V, \\\\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 Supp. No.7 [The next page is 3547] 3502 e STATUTORY REFERENCE TABLE e 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. Article Section Subdivision Section this Code 12 5 12 5 3 App.A, Chart. Ord. No.2, o App.A, Chart. Ord. No.9, ~ 1(1) App.A, Chart. Ord. No. 10, o App.A, Chart. Ord. No. 14, ~ 1 App.A, Chart. Ord. No. 17, o App. A, Chart. Ord. No. 19, ~ 1 App.A, Chart. Ord. No. 20, ~ 1 App.A, Chart. Ord. No. 22, o App.A, Chart. Ord. No. 23, o App.A, Chart. Ord. No. 24, o App.A, Chart. Ord. No. 25, o App.A, Chart. Ord. No. 15, ~ 3 App.A, Chart. Ord. No.2, n App. A, Chart. Ord. No.9, S4 App. A, Chart. Ord. No. 10, ~ 3 App. A, Chart. Ord. No. 19, S4 App. A, Chart. Ord. No. 13, S4 e (c) e (cX3) e Supp. No.7 3547 SALINA CODE Const. Section Article Section Subdivision this Code App. A, Chart. Ord. No. 14, ~ 4 App.A, Chart. Ord. No. 17, ~ 8 App. A, Chart. Ord. No. 20, ~ 3 (CX1) App.A, 13 Chart. Ord. No. 18, 5 App.A, Chart. Ord. No. 13, Section ~ 1 K.S.A. this Code Section Ch.3 Ch.4(note) K.S.A. this Code Ch. 3, Art. 7 4-33 36-7,86-8 3-701 Ch.4,Art.rv(note) 42-426 3-705(2) Ch. 4, Art. IU(note) 42-785 3-707 4-51 12-705a-c 86-8 3-709 4-56 12-705a 36-2(d) (63) Ch.8 Ch.38 12-705b 86-2(d) (68) 8-237 88-5, 88-6 12-705c 36-2(d) (68) Ch. 8, Art. 19 38-131 12-707 36-2(d) (70) 38-188(b) Ch. 42 (note) 8-1901(a) 38-131 42-426 8-1901(e) 88-182 12-707-12-721 "-2 8-1902 38-133 12-708 Ch.42, 8-1~03 88-134 Art. II(note) 8-1904 38-135 45-597.2 8-1908 38-136 12-710 42-426 8-1909 38-187 12-712 "-28 8-1910 38-188 12-714 42-597(a) 8-1911 86-185 (d) 12-715 42-597(d) 38-135(f) 42-597.1 8-1911(g) 38-138 12-716 Ch.29, Ch. 8, Art. 20 Ch.38 Art. III(note) 8-2012 38-7 12-716-12-721 29-40 8-2118 38-1.1 12-725 Ch.42, 10-120 App.A, Art. VII(note) Chart. Ord. No. 2, ~ 5 12-725-12-733 42-401, 42-409 12-1, 115 24-5(6) 12-734 Ch. 15(note) 24-9 Ch.42, 12-101 2-1 Art. VIII(note) 12-107 42-806 42-426 12-137 Ch.20(note) 12-735 42-426 Ch. 12, Art. 6a 35-137 12-750 8-503 Ch. 12, Art. 7 29-21 8-504 12-701 Ch. 29 (note) 12-824 App.B, 29-16 Art. I, !i 8 Ch.42(note) App. B, 42-737 Art. II, ~ 10 12-702 29-17-29-20 12-825a 41-4 12-705 36-2(d)(42) 12-832 85-176 36-2(d) (63) 12-833 85-177-35-179 36-8 12-856-12-868 41-1 12-822 41-24 Supp. No.7 3548 e STATUTORY REFERENCE TABLE Section Section K.S.A. this Code K.S.A. this Code e 12-1001 Ch.2, App.B, Art. III (note) Art. III, 6 18 12-1006 Ch.2, 12-3009 8-36 Art. II (note) 8-66, 8-67 12.1008 App.A, 8-176 Chart. Ord. No. 24 8-281 12-1015 Ch.2, 8-331 Art. V(note) 8-381 12-11a03 App.A, 14.41 Chart. Ord. No. 17, 12-3014, 12-3015 1-3 63 12.3014-12-3016 1-1 Ch. 12, Art. 12 Ch.19(note) 12.3201 Ch. 39(note) 12-1215--12-1285 19-35(6) 12.4101 Ch. 23(note) 12-1215 19-38 12-4112 App. A, 12-1222 Ch.19, Chart. No. 18 Art. II (note) App. A, 19-21 Chart. Ord. No. 18, 19-28-19-29 ~~ 1,2 12-1223 19-80, 19-81 Ch. 12, Arts. 41-47 23.1 12-1224 19-82-19-84 13.14a02 App.A, 12-1225 19-815 Chart. Ord. No. 17, 12-1226 19-88,19-87 ~ 3 12-1227 19-1 13.14a05 App.A, 12-14.05 App.A, Chart. Ord. No.7 e Chart. Ord. No.8 13-14a06 App.A, Chart. Ord. No.6 12-1501 Ch.8, 13.14a08 App.A, Art. VI, Chart. Ord. No.5 Di....2(note) App.A, 12-1817 20-21 Chart. Ord. No. 15 12-1817h App.A, 14-436 Ch. 24(note) Chart. Ord. No. 17, 13-791 App.A, 18 Chart. Ord. No.4 12-18715 2-181 13-1024a App.A, 2-182 Chart. Ord. No. 13 12-1679 30-18 App.A, 12-1697 App.A, Chart. Ord. No. 13, Chart. Ord. No. 22 U 12-1698 App.A, App.A, Chart. Ord. No. 22 Chart. Ord. No. 23 12-16,101 App.A, App.A, Chart. Ord. No. 22 Chart. Ord. No. 25 12-1740 Ch.11 13-1108-13-1114 36.3 '12-1740-12-1749 App.A, 13-1417 14-58 Chart. Ord. No. 14, 13-1441 App.A, U Chart. Ord. No. 17, Ch. 12, Art. 18 35-137 18 12-1811 35-138( d) 13-2105 2-107 12-1812 35-138(d) 13-2106 2-1 12-1814 35-138(d) 13-14100 App.A, - 12-1901 Ch.27(note) Chart. Ord. No. 17, 12-2001 App. B(note) 63 App.B, 14-10a02 App.A, Art. III, 6 19 Chart. Ord. No. 17, 12-2006-14 App.B, 18 e Art. III, 6 1 16-706 Ch.38, Art. II (note) Supp. No.7 3549 SALINA CODE Section Section K.S.A. this Code K.S.A. this Code 16-707 App.A, 21-3801 Ch.25, Chart. Ord. No. 11 Art.lI(note) App.A, 21-3807 25-22 Chart. Ord. No. 12 21-3808 25-28 App.A, 21-3809 25-23, 25-24 Chart. Ord. No. 19 21-3811 25-25 App.A, 21-3818 25-26 Chart. Ord. No. 19, 21-3824 25-27 Al 21-4101 Ch.25, 17-1801 Ch.9(note) Art. V(note) 17 -2386 Ch.18(note) 25-81,25-82 17-4742 Ch. 11 (note) 21-4102 15-85 17-4751 App.A, 21-4106 Oh.24(note) Chart. Ord. No.2, 21-4107 Ch.24(note) fi5 21-4109 25-88 17-4754 App.A, 21-4110 25-84 Chart. Ord. No.2 21-4118 25-48 App.A, 21-4201 Ch.25, Chart. Ord. No.2, Art. VI (note) ~1 Ch.25, 17-4756 App.A, Art. VI, Chart. Ord. No.2, Div. 2(note) A2 25-116 Ch.21 Ch. 25 ( note) 21-4212 25-101 21-8101 Ch.25(note) 21-4218 25-6 21-4302 Ch. 25, Art. VII, 21-8205 25-2 Div. 4(note) 21-8801 25-8, 25-4 Ch.25 Cll.12(note) 21-8401 Ch.25, Ch. 27, Art. 8 4-16 Art. III (note) 4-18 21-8408 25-41 27-815 Ch.4, 21-8409 25-21 Art. II (note) 21-8412 25-42 Ch.81 Ch. 14(note) Ch.35 38-58 21-8418 7-81 85-107 1-14 21-8501 Ch.25, 36-501 5-116(7) Art. VlI(note) 5-118 Ch.25, 5-140(13)a., b. Art. VII, Ch. 40, Art. 17 14-22, 14-23 Div.2(note) 40-1701 Ch.14, 21-3508 25-148 Art. II (note) 21-3512 25-147 40-2305 App.A, 25-151 Chart. Ord. No. 17, 25-152 18 21-8513 25-146 40-2404 8-506 25-150 40-3901 8-500 21-3515 25-149 Ch.41 Ch.5(note) 21-3701 Ch.25, Ch. 41, Arts. 1-11 5-16(4) Art. IV(note) 5-23 25-60-25-65 5-36 21-3705 25-66 41-102 5-16 21-3713 1-9 41-104 5-17 21-3720 25-58, 25-59 41-105 5-17 21-3721 25-56 41-301 Ch. 5, Art. II, 21-3722 25-57 Div.2(note) 21-8739 3-3 Supp. No.7 3550 e STATUTORY REFERENCE TABLE Section Section K.S.A. this Code K.S.A. this Code e Ch. 5, Art. II, 41-2703 5-94 Div.3(note) 5-96 41-310 5-38 41-2704 5-67 41-407 5-17(a)(1) 5-69-5-72 5-23 41-2706 5-81(b) (2) 41-501 0-16(8) 41-2708 5-102-5-104 41-712 5-18 Ch. 44, Art. 10 5-146 (8) 41-713 5-19 44-1001 Ch.13(note) 5-20 44-1003 Ch.13, 41-715 5-21 Art. II (note) 5-124 45-205: 214 2-170 41-718 5-22 Ch.48 Ch.10(note) 41-719 5-24 48-904 Ch.10(note) App.A, 48-929 10-17 Chart. Ord. No. 14 50-619 Ch.33, App.A, Art. III (note) Chart. Ord. No. 14, Ch.55 Ch.26(note) 11 Ch. 58, Art. 10 32-1 41-803 ~26 58-2001 36-92(a) (7) 5-119(a) (1), (8), (4) 41-804 5-23 Ch.65 Ch.17(note) 41-805 5-120 Ch. 65, Art. 6 Ch.16(note) 41-1103 5-17(a) (1) 65-205 Ch.17, Ch. 41, Art. 26 5-16(12) Art. II (note) e 5-17(a) (7) 68-2231 Ch.3(note) 5-26 Ch. 8, Art. XI(note) 5-146(2) 74-4920 App.A, 41-2601 Ch.5, Chart. Ord. No. 17, Art. IV(note) ~3 5-116-6-118 74-4967 App.A, 41-2602 5-119 Chart. Ord. No. 17, 41-2603 5-119 ~3 41-2604 5-120 75-1120(a) App.A, 41-2610 5-121 Chart. Ord. No. 20 5-146(5) 75-1211 Ch.22(note) 41-2611 5-146 75-1226--75-1232 22-17(a) 41-2612 5-144 77-201 1-2 41-2613 5-122 78-111 2-66 41-2614 5-123 Ch. 79, Art. 50 App.A, 41-2615 5-124 Chart. Ord. No. 17, 41-2619 5-125 ~3 41-2620 5-136 79-1951 App.A, 41-2622 5-139 Chart. Ord. No.1 41-2623 5-140 App.A, 41-2627 5-142 Chart. Ord. No.3 Ch. 41, Art. 27 5-102(2) App.A, 41-2701 Ch.5, Chart. Ord. No.9 Art. III (note) 79-3608 App.A, 5-66 Chart. Ord. No. 19, 41-2702 Ch. 5, Art. III, ~ 1 - Div.2(note) 79-3837 5-81 (f) 5-92, 5-93 5-81(g) (2) App.A, 79-5001-79-5016 App.A, Chart. Ord. No. 10 Chart. Ord. No. 17, App.A, U e Chart. Ord. No. 10, ~ 1 Supp. No.7 3551 K.S.A. 79-5011 80-1502 K.A.R. 28-36-20-28-36-29 Supp. No.7 Section this Code App.A, Chart. Old. No. 16 App.A, Chart. Ord. No. 17 App.A, Chart. Ord. No. 17, P 14-1(a) Section this Code SALINA CODE 16-13 (The next page is 3577] 3552 e e e e e A ABANDONED ARTICLES Nuisances enumerated and prohibited ABANDONED ICEBOXES, OTHER CONTAINERS Procedure for abandonment . . . ABANDONED VEHICLES Inoperable vehicles on roadway See: TRAFFIC ACCIDENTS Indemnification and liability See: INDEMNIFICATION ACCOUNTANTS Home occupations regulated See: ZONING ACROBATIC SHOWS Carnival shows See: CARNIVALS, CIRCUSES AND TENT SHOWS AD MINI STRA TIO N Administrative departments . See: DEPARTMENTS AND OTH- ER AGENCIES OF CITY Board of commissioners See: BOARD OF COMMISSION- ERS Boards and commissions See: BOARDS, COMMITTEES AND COMMISSIONS City manager See: CITY MANAGER Generally See also specific subjects Officers and employees See: OFFICERS AND EMPLOY- EES ADMINISTRA TIVE PROCEEDINGS Indemnification and liability See: INDEMNIFICATION ADULTERATED FOOD Food and food handlers, establishments Examination, condemnation of un whole- some, adulterated food or drink . . . See: FOOD AND FOOD HANDLERS ADVERTISING Going-out-of-business sales ....... See: GOING-OUT-OF-BUSINESS SALES Handbills, circulars and similar ad- vertising matter Distributing; placing on or in motor vehicles .......... Supp. No.7 CODE INDEX Section 24-2 25-101 38-81 et seq. 2-76 et seq. 42-60 6-16 et seq. 2-96 et seq. 2-21 et seq. 2-136 et seq. 2-36 et seq. 2-1 et seq. 2-51 et seq. 2-76 et seq. 16-18 32-16 et seq. 3-1 ADVERTISING-Cont'd. Throwing, scattering on private property ............ Lawfully posted advertising Damaging, defacing, etc. Loudspeakers and sound trucks Licenses, required . . . . . . '" . Prohibited hours of operation Minors Displaying harmful materials . . . . . . . See: INDECENCY AND OBSCENITY Offering animals as prizes or busi- ness inducements Sign code adopted See: SIGN CODE Temporary uses See: ZONING Utility poles, public or private prop- erty Posting advertising, etc., on Zoning requirements for signs. See: ZONING ADVISORY BOARDS. See: BOARDS, COMMITTEES AND COMMIS- SIONS AGENCIES OF CITY. See: DEPART- MENTS AND OTHER } GEN- CIES OF CITY AGING PERSONS Equal opportunity, affirmative ac- tion policy . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION AGREEMENTS. See: CONTRACTS AND AGREEMENTS AIDING AND ABETTING Commission of an offense, in See: OFFENSES AIR CONDITIONING Permits, water conservation, etc. See : WATER AND SEWERS AIR POLLUTION Emergency proclamation See: CIVIL EMERGENCIES AND DISASTERS Nuisances enumerated and prohibited AIR RAIDS Emergency proclamation .......... See: CIVIL EMERGENCIES AND DISASTERS 3577 Section 3-2 3-4 3-5 3-6 25-200 et seq. 7-73 8-381 et seq. 42-59 3-3 13-1 et seq. 25-2 41-51 et seq. 10-39 et seq. 24-2 10-39 et seq. AIR RIFLES N onpowder propelled guns .. Weapons in general. See: FIRE- ARMS AND WEAPONS AIRPORTS AND AIRCRAFT Airport authority Board of directors . . . . . . . . Created ........................ Rules and regulations ........ Statutes, authority subject to .... Airport zoning Abandoned or destroyed uses Nonconformance ..... . . . . . . . . Airport elevation, defined Airport hazard, defined Airport reference point, defined Appeals Board of adjustment Appeals Judicial review Defined Judicial review Conical zone Described Height limits Definitions Enforcement Excepted height limits Hazard marking and lighting Permits Height, defined Height limitations Excepted height limitations More restrictive limitations to prevail, when Horizontal zone Described Height limits Instrument approach zone Described Height limits Instrument runway, defined Judicial review Landing area, defined Marking and lighting, as to Nonconforming uses Defined N oninstrument approach zone Described . . . . . . . . . . Height limits Noninstrument runway, defined Permits Enforcement . Existing uses Future uses Hazard marking and lighting .. Nonconforming uses abandoned or destroyed .............. Variances .................... Supp. No.7 SALINA CODE Section 25-120 4-17 4-16 4-19 4-18 4-52(c) 4-47(2) 4-47(3) 4-47 (4) 4-55 4-54 4-55 4-56 4-47(5) 4-56 4-48(6) 4-49(5) 4-47 4-53 4-49(a) (6) 4-52(e) 4-47 (6) 4-49 4-49(a) (6) 4-49 (b) 4-48 (5) 4-49(4) 4-48(1) 4-49(a)(1) 4-47(7) 4-56 4-47(8) 4-51(b) 4-51 4-47 (9) 4-48(2) 4-49(a) (2) 4-47(10) 4-52 4-53 4-52(b) 4-52(a) 4-52(e) 4-52(c) 4-52(d) AIRPORTS AND AIRCRAFT-Cont'd. Person, defined ................. Runway, defined . . . . . . . . Salina municipal airport, defined . . Short title ..................... Structure, defined Transition zones Described Height limits Tree, defined Use restrictions Variances Enforcement Board of adjustment to hear and decide . . . . . . . . Permits . . . . . . . . . . . . . . . . VFR approach zone, described . . . . Zones established and described .. Airport zoning commission Created Duties Membership Board of adjustment. See herein: Airport Zoning Electrical interference with radio communications Glare, lights causing Marking and lighting Nonconforming uses Police power extended over airport . . Visibility of aircraft operator, im- pairing . . . . . . . . . . AIRTIGHT CONTAINERS Abandoned iceboxes, other containers ALARMS False calls and reports to police . . . . False fire alarms . Smoke detectors, housing provisions re . ALCOHOLIC BEVERAGES (Alcoholic liquor) Children. See herein: Minors Consumption in public places Charter ordinance No. 14 See: CHARTER ORDINANCES Salina bicentennial center . . . . . . . . Definitions . . . . . . . . Distributor's licenses Distributor's license tax levied .. State distributor's license prerequi- si te to city license .......... Violations, penalties ............ Employees Employment of certain persons prohibited .................. Entertainment in food establishments Exceptions . . . . . . . . . . . . . . . General prohibition ............... 3578 Section 4-47(11) 4-47 (12) 4-47(1) 4-46 4-47(13) 4-48( 4) 4-49( 3) 4-47(14) 4-50 4-53 4-54 4-52(d) 4-48(3) 4-48 4-31 4-33 4-32 4-50 4-50 4-51 (b) 4-1 4-50 25-101 25-26 25-84 18-22, 18-81 5-24 5-25 5-16 5-52 5-51 5-53 5-20 6-77 5-17 5-17 e e e - e ALCOHOLIC BEVERAGES (Alcoholic Ii. quor}-Cont'd. Minors Employment Unlawful acts by Mixing drinks Retailer's premisell Open saloons ........ Original packages Sale required only in ........... Poolroom and billiard hall conduct Possession, transportation regulated Retail dealers Employment of certain persons prohibited Retail sales Days and hours Retailer's licenses City retailer's license Penalty for failure to have State retailer's license prerequi- si te to . . . . . . . . . State retailer's licenses Prerequisite to city license Required .................... Tax levied . . . . . . . . Retailer's premises Mixing drinks on Salina bicentennial center Consumption in Salina Community Theatre Consumption in . . . . . . . . . . . . . . . . . . . Taxicabs transporting liquor, etc. Transportation ALCOHOLIC BEVERAGES (Cereal malt beverages) Act as grounds for revocation, com- mitting . . . . . . . . . . . . Alcoholic liquor Possession of alcoholic liquor on premises .................. Brewers, manufacturers, etc. Restrictions regarding . . . . . . . . . . . Cereal malt beverage licenses Charter ordinance No. 10 See: CHARTER ORDINANCES Consumption in public places Charter ordinance No. 14 See: CHARTER ORDINANCES Definitions ........ . . . . . . . . . . . . Disorderly conduct ................ Distributors, wholesalers, etc. Restrictions regarding State license required . . . . . . . . . Employees Licensee responsible for acts of General cleanliness and sanitation of premises . . . . . . . . . . . Supp. No.7 Section 5-20 5-21 5-19 5-26 5-22 6-158 5-23 5-20 5-18 5-39 5-37 5-37 5-36 5-38 5-19 5-25 5.25 40-70 5-23(1) 5-74 5-70 5-81 5-66 5-75 5-81 5-80 5-76 5-77 CODE INDEX 3579 ALCOHOLIC BEVERAGES (Cereal malt beverages)-Cont'd. Hours, days of sale and consumption Inspection of premises ............ Intoxication ...................... Licensee Responsible for acts of employees Loitering Persons under age Min.ora Furnishing to minors ............... Loitering ........................ Misrepresenting age . . . . . . . . . . . . . . . Possession by . . . . . . . . . . . . . . . . . . . . . Place of business open to police and public Police, premises to be open to Public intoxication Public streets, consuming on Retailer's license Applications Acceptance of regulations, con- stitutes Journal to show action on Contents . . . . . . . . . . . Examinations . . . . . . . . . Fees Investigations Issuance Persons not entitled to Posting Prohibited in prohibited zones Required Revocation Appeals Committing act that is grounds for Notice, grounds. . . . . . . . . . . . Relicensing after . . . . . . . . . . . . Transferability Zone requirements .......... Samples of product for analysis Wholesalers, distributors State licenses required .......... ALCOHOLIC BEVERAGES (Private clubs) Alcoholic liquor Defined . . . . . . . . . . . . . . . . . . . . . . . . . . Beneficial interest, defined . . . . . . . . . . . . Class A clubs . . . . . . . . . . . . . . . . . . . . . . . Class B clubs . . . . . . . . . . . . . . . . . . . . . . . Club, defined. . . . . . . . . . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . Drinking establishments Business regulations . . . . . . . . . . . . . . . License Fees .......................... Required . . . . . . . . . . . . . . . . . . . . . . . Section 5-67 5-78 5-75 5-76 5-73 5.71 5-73 5-72 5.72.1 5-69 5-69 25-83 5-68 5-92 5-98 5-97 5-101 5-96 5-93 5-96 5-96 5-94 5-100 5-95 5-91 5-103 5-74 5-102 5-104 5-99 5-95 5-79 5-80 5-116(1) 5-116(2) 5.117 5.118 5-116(3) 5-116 5-149 5-148 5.147 ALCOHOLIC BEVERAGES (Private clubs)-Cont'd. Violation and penalty . . . . . . . . . . . . . . Food. defined . . . . . . . . . . . . . . . . . . . . . . . Hours of operation . . . . . . . . . . . . . . . . . . . Inspections Right of inspection by city. . . . . . . . . . . Licenses Applications. . . . . . . . . . . . . . . . . . . . . . Application to one premises. . . . . . . . Contents. . . . . . . . . . . . . . . . . . . . . . . . . Drinking establishments. See herein that subject Issuance Restrictions barring issuance . . . . . . Posting . . . . . . . . . . . . . . . . . . . . . . . . . . Required ........................ State license required . . . . . . . . . . . . . . Suspension or revocation. . . . . . . . . . . . Tax levied Transferability Liquor Consumption authorized ........ Minors Consumption prohibited Defined N onlicensed clubs, search of Original package, defined Regulations governing licensees Restaurant, defined Sale, defined Search of nonlicensed clubs "To sell", defined Violations on property Responsibility, abatement ALLEYS Business improvement district Use of air space above alleyways within Fences, walls, hedges, etc. See: FENCES, WALLS, HEDGES, AND ENCLOSURES Street defined re Public ways in general. See: STREETS AND SIDE- WALKS Subdivision regulations See: SUBDIVISIONS AMUSEMENTS AND ENTERTAIN- MENT Arcades See: ARCADES Billiards and pool tables See: BILLIARDS AND POOL TABLES Carnivals, circuses and tent shows See : CARNIVALS, CIRCUSES AND TENT SHOWS Supp. No.7 SALINA CODE Section 5-150 5-116(4) 5.123 5.122 5.137 5-142 5-145 5-140 5-144 5-136 5-138 5.146 5-139 5-143 5-119 5-124 5-116 (5) 5-125 5-116( 6) 5-121 5-116(7) 5-116(8) 5-125 5-116(9) 5-120 35-40.1 8-401 et seq. 1-2(23) 36-1 et seq. 6-106 et seq. 6-156 et seq. 6-16 et seq. AMUSEMENTS AND ENTERTAINMENT- Cont'd. Food establishments, entertainment in See: FOOD AND FOOD SERV- ICES Licensing of amusements Generally Loitering or trespassing in certain places Music machines See: MUSIC MACHINES Public dances See: DANCING AND DANCE HALLS ANIMAL HOSPITALS Stables, kennnels and animal hos- pitals Home occupations regulated . . See: ZONING ANIMALS AND FOWL Abandoning animals Administration. See herein specific subjects Adoption of animals Procedure, fees, etc. Animal, defined Animal hospital, defined Animal protection responsibilities of all persons Birds, killing or molesting Chick, baby rabbits, etc. Coloring and selling Cruelty, generally See also herein: Responsibilities of Persons Owning Animals Motor vehicles striking animals, reports Offering animals as prizes or busi- ness inducements Poison, exposing to animals Retention of animals unlawful Selling of certain animals pro- hibited Spring steel traps restricted Animal shelter Defined Impoundment of animals See herein: Impoundment Automobiles Leaving unattended animals in Bees, keeping Birds, killing or molesting Bull fights, bear-baiting, etc. 3580 Section 6-76 et seq. 6-1 25-86 6-131 et seq. 6-46 et seq. 42-60 7-46 7-140 7-1(1) 7-1(2) 7-77 7-74 7-71 7-72 7-73 7-75 7-78 7-74 7-76 7 -1 (3) 7-136 et seq. 7-46(a) (3) 7-34 7-77 7-71 e e e - e ANIMALS AND FOWL-Cont'd. Cat Adoption of animals, procedure and fees Defined Impoundment See herein: Impoundment Registration of dogs and cats See herein: Registration of Cats and Dogs Sick or injured, emergency treat- ment Cats and dogs Annual registration Dogs trained to assist blind or deaf Exemptions from provisions Feces, excreta, etc. Removal and disposal Public buildings, animals in Rabies vaccination Domestic animals, generally Seeing-eye dogs Animals in public buildings Catterie Defined Chicken coop, location Chief of police Defiried Enforcement procedure Supp. No.7 Section 7-140 7-1(4) 7-136 et seq. 7-91 et seq. 7-3 7-53 7-55 7-56 7-55 7-54 7-55 7-1(5) 7-33 7-1(6) 7-HI CODE INDEX 3580.1 e e e ANIMALS AND FOWL-Cont'd. City-county board of health . . . See: HEALTH AND SANITA- TION City manager Animals, administrative duties Cock fight, permitting Commercial animal establishment Defined ...................... Licensing Applications Denial ........ Expiration ..... J<'ees, exemptions Procedure ........... Reinstatement Renewal .. Required Revocation .......... Transferability ......... Cruelty to animals Animal protection responsibility of all persons ................ Persons owning animals, responsi- bilities Dangerous animals. See herein: Vi- cious, Dangerous Animals Dead animals Removal and disposal Definitions . . . . . . . . Diseases, duties of health officer Dog fight, permitting Dogs Adoption of animals, procedure and fees ............... Defined . . . . . . . . . . . . Impoundment . . . . . . . . See herein: Impoundment Registration of cats and dogs See herein: Registration of Cats and Dogs Sick or injured, emergency treat- ment Dwellings Location of yard housing for ani- mals ............ Emergency treatment, when ..... Enforcement. See also herein specific subjects Procedure for enforcement ...... Euthanizing Required, when ................. Female cats Adoption of animals, procedure and fees .... . . . . . . . . . . . . . . . Fighting of animals ........ Fowl, defined .................... Health officer Defined .......... . . . . . . . . . . . . Duties ......................... CODE INDEX Section 17-16 et seq. 7-16 7-71 7-1(7) 7-117 7-122 7-121 7-118 7-119 7-122 7-121 7-116 7-122 7 -120 7-71 7 -46 et seq. 7-2 7-1 7-18 7-71 7-140 7-1(8) 7-136 et seq. 7 -91 et seq. 7-3 7-33 7-3 7-19 7-46 7-140 7-71 7-1(9) 7-1(10) 7-18 ANIMALS AND FOWL-Cont'd. Enforcement procedure .......... Specific duties. See elsewhere here- in specific subjects Hobby breeder Defined Home occupations regulated See: ZONING Licenses See herein: Registration of Cats and Dogs Household, defined Human live animal trap Defined Humane officer, defined . . . . . . . . Humanely euthanize, defined Impoundment Adoption of animals Procedures and fees Animal care requirements Notification of capture and im- poundment . . . . . . . . . . Period for holding animals Recovery of animals Procedures and fees .......... Violations Owner of impounded animal may be processed, etc. Inhumane or cruel treatment or man- ner Defined Kennel, defined Killing, beating, cruel treatment Killing or molesting birds Large animal, defined Licenses Cats and dogs. See herein: Cats and Dogs Commercial animal establishments See herein: Commercial Animal Establishments Motor vehicles striking animals Reporting Neutered, defined Noises Nuisances enumerated and pro- hibited Overloading, overworking Own or owner, defined ..... Owning animals, restrictions on Bees, keeping .............. Number of animals owned Limitations, exemptions .. Prohibited owning; exemptions Responsibilities of persons owning animals . . . . . . . . . . . . . . See herein: Responsibilities of Persons Owning Animals Yard housing for animals, locatiun 3581 Section 7-19 7-1(11) 42-60 7-102 7-1(12) 7-1(13) 7-1(14) 7-1(15) 7-140 7-46 7-136 7-138 7-139 7-137 7-1(16) 7-1(17) 7-71 7-77 7-1(18) 7-116 et seq. 7-72 7-1(19) 24-2 7-71 7-1(20) 7-34 7-32 7-31 7-46 et seq. 7-33 ANIMALS AND FOWL-Cont'd. Parks, animals prohibited in Permits Beekeeping permits Pests Health officer, duties Pet shops, grooming shops, etc. Commercial animal establishment Defined . . . . . . . . Pigeon cote, location .. Poison, exposing to animals Police department Duties Enforcement procedure Premises, defined . . . . . . . . . . . Proper tattoo, defined Protection. See also herein: Animal Protection Responsibility of All Persons Responsibilities of persons owning animals Rabbit hutch, location Rabies vaccination of cats and dogs Collar and tag to be worn by ani- mal ........ Health officer, duties Procedure for adopting animals Registration of cats and dogs Certificates Receipt constitutes certificate of registry Denial, revocation, reinstatement Exemptions Fees, exemptions Hobby breeders, licenses Household head, registered in name of Licenses Denial, revocation, reinstate- ments ......... Hobby breeders . . . . . . . . . . . Issuance Procedure Records Duplicate records, city clerk to provide Maintenance .. . . Registry certificates City clerk to maintain file of Required .,................... Supervisor City clerk to provide duplicate records to ................ Tags Veterinarians Registration assistance by Registration tag, defined SALINA CODE Section 27 -17 7-34 7-18 7-1(7) 7-33 7-75 7-17 7-19 7-1(21) 7-1(22) 7 -46 et seq. 7-33 7-54 7-47 7-18 7-140 7-96 7-103 7 -92, 7-93 7-93 7-102 7-97 7-103 7-102 7-95 7-94 7-99 7-101 7-100 7-100 7-91 7-101 7-98 7-99 7-1(23) ANIMALS AND FOWL-Cont'd. Responsibilities of persons owning animals Animal bites Owner to meet requirements for reporting . . . . . . . . . . Animal care requirements . . Animal cruelty, prevention and prohibition ................. Animal yard structures and pens Proper maintenance Barking, howling, mewing, etc. Cats and dogs Proper identification required Cats and dogs in heat Proper confinement .,....,.. Damaging public or private prop- erty . .. ... .. Excessive animal noise . . . . . . . . Excrement, feces deposits, etc. Guard dogs Posting of premises ......... Special registration Health or well being of persons Conditions threatening or en- dangering ................ Molesting, attacking, injuring per- sons, etc. Nuisance animals ......... Running at large . . . . . . . . . . . . Scattering bagged refuse Retention of animals unlawfully Sick or injured cats and dogs Emergency treatment .......... Small animal, defined Spring steel traps Summons, defined ........ Supervisor, defined Tormenting Trapping Humane live animal trap, defined Vicious, dangerous animals Limitations on keeping .. Violations Health officer, police officers, etc. Enforcement procedures ...... Penalties . . . . . . . . . . . . . . . . Summons, defined Wild animal Defined ........................ Vicious or dangerous animals, keeping Zoning Limitation on numbers of animals owned ............. Zoonosis control Health officer, duties 3582 Section 7-57 7-46 7-46 7-58 7-50 7-47 7-51 7-49 7-50 7-49 7-52 7-52 7-49 7-49 7-49 7-48 7-49 7-78 7-3 7-1(24) 7-76 7-1(25) 7-1(26) 7-71 7-1(13) 7-31 et seq. 7-19 7-4 7-1(25) 7-1(27) 7-31 7-32 7-18 e e e - e ANNEXED LAND Certain provisions saved from repeal Zoning .......................... See: ZONING ANNOYING VIBRATIONS, ETC. Nuisances enumerated and prohibited APIARY Keeping of bees .................. APPEALS Cereal malt beverage license revo- cation ........,.............. See: ALCOHOLIC BEVERAGES Flood prevention and control ap- peals ........................ Housing advisory and appeals board See: HOUSING Uniform building board of appeals . . See: BUILDING CODE APPOINTIVE PERSONNEL. See: OFFICERS AND EMPLOYEES APPRENTICE ELECTRICIAN Electrical mechanics .............. See: ELECTRICAL MECHANICS APPROPRIATIONS, ORDINANCES, ETC. Certain provisions saved from repeal ARCADES Defined .......................... Licenses Fees.......................... . Forms ......................... Issuance ....................... Required ....................... Revocation ..................... Music machine licenses. . . . . . . . . . . . See: MUSIC MACHINES ARCHITECTS Home occupations regulated See: ZONING ARRESTS Resisting an officer ARTERIAL STREETS Subdivision regulations ............ See: SUBDIVISIONS ARTISTS Home occupations regulated See: ZONING ARTS AND HUMANITIES COMMISSION Director of arts .. .. . . . . . . .. .. . . . . . .. Duties and powers . . . . . . . . . . . . . . . . . . . Established ........................ Membership; appointment, term . . . . . . . Organization . . . . . . . . . . . . . . . . . . . . . . . Supp. No. 3 CODE INDEX Section 1-5 42-7 24-2 7-84 5-103 15-21 18-41 et seq. 8-38 8-131 et seq. 1-5 6-106 6-117 6-118 6-118 6-116 6-119 6-141 et seq. 42-60 25-28 86-1 et seq. 42-60 2-165 2-164 2-161 2-162 2-163 ARTS COMMISSION Appointment ..................... Bylaws, rules, adoption ........... Commissions, etc., other. See: BOARDS, COMMITTEES AND COMMISSIONS Established . . . . . . . . . . . . . . . . . MeInbership ...................... Organization ..................... Powers and general duties ........ TerInS of IneInbers ................ ASSAULT Assaulting an officer . . . . . . . . . . . . . . COInInitting ...................... ASSEMBLIES Loitering, etc., on school grounds .. Persons spitting on floors, etc. .... Unlawful asseInblies .............. ASSESSMENTS Certain provisions saved froIn repeal Nuisance abateInEmt costs ......... Snow and ice reInoval ........... Transient guest tax ............... See: TRANSIENT GUEST TAX ASSOCIA TIONS Person defined re ................. ASTROLOGISTS Licensing of aInuseInents, generally See: AMUSEMENTS AND EN- TERTAINMENT ATHLETIC EVENTS Loitering or trespassing on certain places ....................... ATOMIC BOMB ATTACK EInergency proclamation .......... See: CIVIL EMERGENCIES AND DISASTERS ATTEMPT Attempt to comInit an offense See also: OFFENSES ATTORNEY FOR CITY. See: CITY ATTORNEY ATTORNEYS Bail bondsmen representing See: BONDSMEN AUCTIONS AND AUCTIONEERS Going-out-of-business sales ....... See: GOING-OUT-OF-BUSINESS SALES Licensing of . . . . . . . . . . . . . . . . . . . . . . New goods, auction of . . . . . . . . . . . . . 8583 Section 2-145 2-146 2-144 2-145 2-146 2-147 2-145 25-21 25-41 25-86 25-5 25-85 1-5 24-9 35-254 87-16 et seq. 1-2(16) 6-2 25-86 10-39 et seq. 25-8 23-16 et seq. 82-16 et seq. 7.5-1 82-1 AUDITORIUMS Assembly regulations. See: ASSEM- BLIES Salina bicentennial center, consump- tion of alcohol in . . . . . . . . . . . . . . See: SALINA BICENTENNIAL CENTER AUTHORS Home occupations regulated See: ZONING AUTO GRAVEYARDS Junkyards, etc. ................... See: JUNK AND JUNK DEAL- ERS AUTO REPAIR SERVICE Home occupations regulated See: ZONING AUTOMOBILE RENTALS Home occupations regulated See: ZONING AUTOMOBILES. See also: MOTOR VEHICLES AND OTHER VE- HICLES Taking, using property of another temporarily .................. Unattended animals left in ........ AVENUES Street defined re ................. Public ways in general. See: STREETS AND SIDEWALKS A WARDS Offering animals as prizes or busi- ness inducements ............. B BABY ANIMALS Selling dyed or colored animals BAD CHECKS Obtaining property, etc., by false pretenses .................... BAIL BONDSMEN. See: BONDSMEN BAND Charter ordinance No. 8 See: CHARTER ORDINANCES BANKRUPT SALES Going-out-of-business sales ........ See: GOING-OUT-OF-BUSINESS SALES Supp. No.3 SALINA CODE Section 5-25 42-60 33-36 et seq. 42-60 42-60 25-66 7-46(a) (3) 1-2(23) 7-73 7-74 25-62 32-16 et seq. BANKS Equal opportunity, affirmative ac- tion policy ................... See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION BARBED WIRE FENCES Fences, walls, hedges, etc. ......... See: FENCES, WALLS, HEDGES, AND ENCLOSURES Fencing of petroleum storage facili- ties. . . . . . . . . . . . . . . . . . . . . . . . . . See: OIL AND GAS BARBERSHOPS Home occupations regulated See: ZONING BARNS Proper maintenance of animal en- closures ...................... BARRICADES AND WARNING LIGHTS Obstructions, excavations, other mat- ters relative to street construc- tion, etc. See: STREETS AND SIDEWALKS BARS AND SALOONS Alcoholic beverage regulations See: ALCOHOLIC BEVERAGES Entertainment in food establishments See: FOOD AND FOOD SERV- ICES BASEMENTS Demolition, removal, or relocation of buildings . . . . . . . . . . . . . . . . . . . . . See: BUILDING CODE Housing code requirements ........ See: HOUSING BATHROOMS Housing code requirements See: HOUSING BATTERY Committing ...................... BB GUNS Nonpowder propelled guns ........ Weapons in general. See: FIRE- ARMS AND WEAPONS Offenses re ...................... See: FIREARMS AND WEAPONS BEA UTY SHOPS Home occupations regulated See: ZONING 3584 Section 13-1 et seq. 8-401 et seq. 26-4 42-60 7-58 5-16 et seq. 6-76 et seq. 8-851 et seq. 18-1 et seq. 18-1 et seq. 25-42 25-120 25-121 42-60 e e e e e BEER PARLORS Alcoholic liquor regulations . . . . . . . . . . . Cereal malt beverages, etc. . . . . . . . . . . . . See: ALCOHOLIC BEVERAGES Entertainment in food establishments. . . See: FOOD AND FOOD SERVICES Intoxication and disorderly conduct. . . . . BEES Keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . BELL TELEPHONE Franchises, Art. IV of App. B BENCH MARKS Established ........................ Surveys, etc. See: SURVEYS, MAPS AND PLATS BENEFITS Firemen's relief association . . . . . . . . . . . See: FIREMEN' RELIEF ASSOCIATION BETTING. See: GAMBLING BEVERAGES Food and food handlers, establishments . . See: FOOD AND FOOD HANDLERS BICENTENNIAL CENTER. See: SA- LINA BICENTENNIAL CENTER BICYCLES Traffic regulations See: TRAFFIC BIGOTRY, PREJUDICE, ETC. Equal opportunity, affirmative ac- tion policy . . . . . . . . . . See: EQUAL OPPORTUNITY' AND AFFIRMATIVE AC- TION BILLBOARDS Zoning requirements for signs. See: ZONING BILLIARDS AND POOL TABLES Age of plaY'llrs . . . . . . . . . Alcoholic liquor, permitting Arcades .... . See: ARCADES Connecting rooms .. Gambling or disorder, permitting Licenses Applications . . . . . . . . . . . . . . . . . . . . Fees................... . Required .................. Revocation ................. Suspension .......... Supp. No.7 CODE INDEX Section 5-16 et seq. 5-66 et seq. 6-76 et seq. 5-75 7-34 35-21 14-17 et seq. 16-11 et seq. 38-1 et seq. !J-t et seq. 6-156 6-158 6-106 et seq. 6-159 6-158 6-167 6-168 6-166 6-170 6-169 BILLIARDS AND POOL TABLES- Cont'd. Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT Minors Profane, indecent language Riotous, disorderly conduct BIRDS Killing or molesting . . . . . . . . . . . . . . . . . Cruelty to animals in general. See: AN. IMALS AND FOWL BLACK RACE Equal opportunity, affirmative action policy . See: EQUAL OPPORTUNITY AND AF- FIRMA TIVE ACTION BLANK CARTRIDGES Certain fireworks exceptions . . . . . . . . . . BLIGHT Inoperable vehicles on roadway . . . . . . . . See: TRAFFIC BLIGHTED AREAS Housing code requirements See: HOUSING BLIND OR DEAF PERSONS Dogs trained to assist in public build- ings . . ... . .. Handicapped persons, other. See: HANDICAPPED PERSONS Impersonating a blind person BI:.OCKS Subdivision regulations See: SUBDIVISIONS BOARD OF COMMISSIONERS Action on zoning amendments See: ZONING City manager plan of government, adoption . . . . . . . . . . . . . . . Code references to departments, boards, etc., construed Definitions Delegation of authority construed Elections See: ELECTIONS Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION Indemnification and liability provi- sions . .. ... . .. See: INDEMNIFICATION 3585 Section 6-1 6-156 6-157 6-157 7.77 13-1 et seq. 14-56 38.81 et seq. 18-1 etseq. 7-55 38-25 36-1 etseq. 42-26 2-36 1-2 1-2(1) 1-2(6) 12-1 et seq. 13-1 et seq. 2-76 et seq. BOARD OF COMMISSIONERS-Cont'd. Joint authority construed . . . . . . . . . . . . . Journal of commission actions Retail license application to be shown. . Salaries of members . . . . . . . . . . . . . . . . . BOARDINGHOUSES Food service provisions reserved . . . . . . . BOARDS, COMMI'ITEES, AND COMMIS- SIONS Airport authority ................... See: AIRPORTS AND AIRCRAFT Airport zoning commission . . . . . . . . . . . . See: AIRPORTS AND AIRCRAFT Arts and humanities commission . . . . . . . See: ARTS AND HUMANITIES COM- MISSION Arts commission . . . . . . . . . . . . . . . . . . . . See: ARTS COMMISSION Board of adjustment Airport board of adjustment . . . . . . . . . See: AIRPORTS AND AIRCRAFT Board of directors Airport authority . . . . . . . . . . . . . . . . . . See: AIRPORTS AND AIRCRAFT Board ofzoning appeals. . . . . . . . . . . . . . . See: ZONING Building codes advisory and appeals board See: BUILDING CODES ADVISORY AND APPEALS BOARD City-county board of health . . . . . . . . . . . . See: HEALTH AND SANITATION City-county emergency preparedness board See: CITY-COUNTY EMERGENCY PREPAREDNESS BOARD City manager plan of government, adoption. City planning commission . . . . . . . . . . . . Code references to departments, boards, etc., construed .................. Delegation of authority construed . . . . . . Evaluation committee for equal opportu- nity, affirmative action. . . . . . . . . . . Equal opportunity in general. See: EQUAL OPPORTUNITY AND AF- FIRMATIVE ACTION Firemen's relief association . . . . . . . . . . . See: FIREMEN'S RELIEF ASSOCIA- TION Heritage commission ................ See: ZONING Joint authority construed. . . . . . . . . . . . . Mobile home craftsman board of examiners See: MOBILE HOMES AND TRAILERS North central regional planning commission See: PLANNING Salina Business Improvement District De- sign Review Board . . . . . . . . . . . . . . . See: SALINA BUSINESS IMPROVE- MENT DISTRICT DESIGN RE- VIEW BOARD Supp. No.7 SALINA CODE Section 1-2(9) 5-97 2-21 Chap. 16(Notes) 4-16 et seq. 4-31 et seq. 2-161 et seq. 2-144 et seq. 4-54 4-17 42-597 8-16 et seq. 17-16 et seq. 10-16 2-36 29-16 et seq. 1-2 1-2(6) 13-76 14-17 et seq. 42-471 et seq. 1-2(9) 22-55 et seq. 29-36 et seq. 2-200 et seq. BOARDS, COMMITTEES AND COMMIS- SIONS-Cont'd. BOMB RAIDS Emergency proclamation . . . . . . . . . . . . . See: CIVIL EMERGENCIES AND DIS- ASTERS BONDS Advertising sign business. . . . . . . . . . . . . Building moving operations . . . . . . . . . . . Building moving in general. See: STREETS AND SIDEWALKS Certain provisions saved from repeal. . . . Contractors, licenses, etc. . . . . . . . . . . . . . Defined ........................... Demolition, removal, or relocation of buildings Permit requirements ............... Elevator contractors . . . . . . . . . . . . . . . . . Excavations, requirements. . . . . . . . . . . . See: STREETS AND SIDEWALKS Library board treasurer . . . . . . . . . . . . . . Mechanical contractors . . . . . . . . . . . . . . . See: MECHANICAL CONTRACTORS Merchant police service, etc. . . . . . . . . . . . See: MERCHANT OR PRIVATE PO- LICE Mobile home contractor's license require- ments ......................... Official bonds . . . . . . . . . . . . . . . . . . . . . . . Other matters regarding bonds of per- sonnel. See: OFFICERS AND EM- PLOYEES Oil and gas drilling, etc. . . . . . . . . . . . . . . See: OIL AND GAS Plumbers . . . . . . . . . . . . . . . . . . . . . . . . . . Sidewalk and driveway construction bonds Sign business . . . . . . . . . . . . . . . . . . . . . . . Subdivision regulations . . . . . . . . . . . . . . See: SUBDIVISIONS Tree trimmer and treaters bond . . . . . . . . BONDSMEN Attorney Recommending particular attorney pro- hibited . . . . . . . . . . . . . . . . . . . . . . . Authorization for attorney to represent client Obtaining prohibited .. .. .. . . .. .... . Compensation Presumption of receiving . . . . . . . . . . . Referral of bail bond business for com- pensation Prohibited except by licensed agent or employee . . . . . . . . . . . . . . . . . Courtroom Sitting in spectator section Employment of particular attorney Requiring prohibited Legal advice, giving 3586 Section 10-39 et seq. 8-385 35-86 1-5 2-3 1-2(2) 8-364 8-436 35-202 19-36 8-296 30-42 22-61 2-61 et seq. 26-1 et seq. 8-218 35-158 8-384 36-1 et seq. 39-34 23-22 23-23 23-16 23.24 23-21 23-20 23-20 e e e e e BONDSMEN-Cont'd. Licenses Applications Denial Examination of application Fees Fingerprint requirement Issuance List of licensees and fee schedule, posting Required Revocation Suspension for violations not justifying Suspension, when List of licensees and fee schedules Posting Outstanding bail bonds Limitation on amount Police department Entering without previous request Loitering at Soliciting business at Property Sale of acquisition by licensee, notice Referring client to particular at- torney Sitting in spectator section of court- room BOOK SALESMEN Peddlers, licensing of ............ See: PEDDLERS, CANVASSERS AND SOLICITORS BOOKKEEPERS Embezzlement BOOTLEGGING Taxicabs transporting liquor, etc. BOULEVARDS Street defined re Public ways in general. See: STREETS AND SIDEWALKS BOUNDARIES Certain provisions saved from repeal BOVINE ANIMALS Animal regulations See: ANIMALS AND FOWL BOWLING ALLEYS Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT BOWS AND ARROWS Nonpowder propelled guns Weapons in general. See: FIRE- ARMS AND WEAPONS Supp. No.7 Section 23-37 23-39 23-39 23-40 23-38 23-39 23-43 23-36 23-41 23-42 23-42 23-43 23-26 23-17 23-19 23-18 23-25 23-23 23-21 28-1 et seq. 25-61 40-70 1-2(23) 1-5 7-1 et seq. 6-1 25-120 CODE INDEX BRIDGES Street defined re Public ways in general. See: STREETS AND SIDEWALKS BRUSH. See also: WEEDS AND BRUSH Shrubbery See: TREES AND SHRUBBERY BRUSH FIRES . Open fires BUDGETS Library board BUILDING CODE (Buildings and structures in general) Bond requirements Building Code, definitions Building official Defined Notices of violations Charter ordinance No. 20 See: CHARTER ORDINANCES City, defined Code for abatement of dangerous buildings Fences, walls, hedges, etc. See: FENCES, WALLS, HEDGES, AND ENCU)- SURES Corporation counsel, defined Dangerous buildings' Uniform code for abatement adopted . . . . . . . . . . . . . . . . Demolition removal or relocation of buildings Fences, walls, hedges, etc. See: FENCES, WALLS, HEDGES AND ENCLO- SURES Permits Applications Bond required Issuance Required Permittee, duties required Driveway and sidewalk construction Electrical code See: ELECTRICAL CODE Elevators, installation, etc. See: ELEVATORS AND ELE- VATOR INSTALLATION Explosion, structures damaged by. See here- in: Structures Damaged by Fire or Explosion 3587 Section 1-2(23) 39-1 et seq. 14-77 19-38 8-364 8-37 8-37 8-3 8-37 (b) 8-401 et seq. 8-37(c) 8-331 8-401 et seq. 8-362 8-364 8-363 8-361 8-351 35-121 et seq. 8-66 et seq. 8-426 et seq. BUILDING CODE-Cont'd. Fees License suspended when not paid . . . . . Payment of . . . . . . . . . . . . . . . . . . . . . . . Permit fees . . . . . . . . . . . . . . . . . . . . . . . Fences, walls, etc. . . . . . . . . . . . . . . . . . . . See: FENCES, WALLS, HEDGES, AND ENCLOSURES Fire, structures damaged by. See herein: Structures Damaged by Fire or Ex. plosion Fire hydrants, obstructing Fire prevention code See: FIRE PREVENTION CODE Fireworks storage, etc. See: FIREWORKS Flood plain zoning district See: ZONING Gas code See: GAS FITTERS Housing code requirements See: HOUSING Licenses Suspended if inspection fee not paid Mechanical code See: MECHANICAL CODE Mobile home regulations See: MOBILE HOMES AND TRAILERS Moving buildings See: STREETS AND SIDE- WALKS Numbering See: STREETS AND SIDE- WALKS Other technical codes. See: TECH- NICAL CODES Owner defined re Permits Permit fees. , . , , , Withholding re flood control provi- sions Zoning certificates, permits, other permit requirements, etc. See: ZONING Plumbing code See: PLUMBING CODE Removal or relocation. See herein: Demolition, Removal, or Reloca- tion of Buildings Sandblasting See: SANDBLASTING Sewer installations See: WATER AND SEWERS Sidewalk construction See: STREETS AND SIDE- WALKS Supp. No.7 SALINA CODE Section 8.2 8.1 8.36.1 8.401 et seq. 14-2 14-1 et seq. 14-51 et seq. 42-426 et seq. 8-246 et seq. 18-1 et seq. 8-2 8-281 et seq. 22-18 35-61 et seq. 35-101 et seq. 1-2(15) 8.36.1 15-20 8-176 et seq. 8-476 et seq. 41-71 et seq. 35-121 et seq. BUILDING CODE-Cont'd. Sign code See: SIGN CODE Street obstructions and encroach- ments See: STREETS AND SIDE- WALKS Structures damaged by fire or explosion Authorization .................... Building inspector Investigation, removal of structures . Fund created; deposit of moneys . . . . . . Insurance Insurers; liability. . . . . . . . . . . ',' . . . Relation to insurance policies . . . . . . Procedure . . . . . . . . . . . . . . . . . . . . . . . . Regulations authorized . . . . . . . . . . . . . Removal of structures . . . .. " .. .. .. . Subdivision regulations .. . . . . . . . . . . . . See: SUBDIVISIONS Technical codes, other. See: TECHNICAL CODES Temporary uses . . . . . . . . . . . . . . . . . . . . . See: ZONING Tenant, occupant, etc., construed re . . . . . Uniform building code Adopted ......................... Amendments ... . . . . . . . . . . . . . . . . . . Code for abatement of dangerous buildings Violations, notice Water and sewer connections See: WATER AND SEWERS Zoning in general See: ZONING BUILDING CODES ADVISORY AND AP. PEALS BOARD Appeal procedure . . . . . . . . . . . . . . . . . . . Appointment and term . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . Created ........................... Housing, provisions re appeals. . . . . . . . . See: HOUSING Meeting ... . . . . . . . . . . . . . . . . . . . . . . . . Membership ....................... Officer ............................ Purpose ........................... Quorum .. . . . . . . . . . . . . . . . . . . . . . . . . . BULLET WOUNDS Physicians, etc., to report BURGLARY Embezzlement Theft BURIAL GROUNDS. See: CEME- TERIES 3588 Section 8-381 et seq. 35-36 et seq. 8.500 8.503 8.502 8.506 8-505 8.501 8-507 8.503, 8.504 36.1 et seq. 42.59 1.2(24) 8.36 8.37.1,8.38 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 8.20 8.22 8.21 25-6 25-61 25-60 e e e - e BURNING Garbage, rubbish Open fires BUSES Smoking, lighting matches, etc., on . Vehicles for hire, general regulations. See: VEHICLES FOR HIRE BUSHES Shrubbery . . . . . . . . . See: TREES AND SHRUBBERY BUSINESS INDUCEMENTS Offering animals as prizes or busi- ness inducements CODE INDEX Section 34-32 14-77 40-2 39-1 et seq. 7-73 BUSINESS LICENSES. See: LI- CENSES AND PERMITS BUTANE GAS Liquefied petroleum gases See: FIRE PREVENTION CODE C CABLE TELEVISION LINES Franchise rights and regulations, Art. III of App. B Tampering with Underground wires required, where See: POLES AND WIRES. See also: UTILITIES CABS. See: TAXICABS CAFES, CAFETERIAS, ETC. Entertainment in food establishments 6-76 et seq. Food service provisions reserved Chap. 16(Notes) See also: FOOD AND FOOD SERVICES CALLINGS Occupational licenses. See: LI- CENSES AND PERMITS CANALS Nuisances enumerated and prohibited CANVASSERS Peddlers, licensing of See: PEDDLERS, CANVASSERS AND SOLICITORS CARCASSES OF ANIMALS Nuisances enumerated and prohibited CARDS OR DICE Gambling prohibitions See: GAMBLING CARNIVALS, CIRCUSES AND TENT SHOWS Amusements, etc., other. See: AMUSEMENTS AND ENTER- TAINMENT Supp. No.7 14-66 et seq. 31-5 31-9 24-2 28-1 et seq. 24-2 25-176 et seq. CARNIVALS, CIRCUSES AND TENT SHOWS-Cont'd. Carnivals, defined .... Circuses, defined . Definitions Gambling prohibited ........... Licenses Applications Fees.. .................. Required Permits Compliance with regulations .. Required . . . . . . . . . . Tent shows . . . . . . . . . CARS AND OTHER EQUIPMENT Generally. See: MOTOR VEHICLES AND OTHER VEHiCLES Home occupations regulated See: ZONING Unattended animals left in without sufficient ventilation CARTRIDGES Certain fireworks exceptions CATS Animal regulations See: ANIMALS AND FOWL CATTLE, COWS, ETC. Animal regulations See: ANIMALS AND FOWL CELLARS Demolition, removal, or relocation of buildings See: BUILDING CODE Housing code requirements See: HOUSING CEMETERIES Employees Management CEREAL MALT BEVERAGES Alcoholic liquor regulations See: ALCOHOLIC BEVERAGES CERTIFICATE OF APPROPRIATE- NESS REVIEW Heritage conservation district .. See: ZONING CERTIFICATE OF OCCUPANCY Zoning certificates ........ See: ZONING CERTIFICATES Bonds and insurance certificates Contractors. licensees. etc. 3589 Section 6-16(1) 6-16(2) 6-16 6-18 6-32 6-33 6-31 6-17 6-17 6-16(3) 42-60 7-46(a) (3) 14-56 7-1 et seq. 7-1 et seq. 8-351 et seq. 18-1 et seq. 9-2 9-1 5-16 et seq. 42-460 42-5 2-3 CERTIFICA TES-Cont'd. Business license requirements. See: LICENSES AND PERMITS Plumbers . . . . . . . . . . . . . . See: PLUMBERS Trades, occupations, etc. See specific trades, occupations, etc. CESSPOOLS Nuisances enumerated and prohibited CHAIN LINK FENCES Fences, generally. See: FENCES, WALLS, HEDGES AND EN- CLOSURES Fencing of petroleum tanks, etc. See: OIL AND GAS CHARTER ORDINANCES Certain provisions saved from repeal Charter ordinances are entered in Appendix A numerically CHAUFFEURS' LICENSES Taxicab drivers' licenses See: TAXICABS CHECKS Obtaining property, etc., by false pretenses CHICKEN COOPS Animal housing locations CHICKS, BABY RABBITS, ETC. Selling dyed or colored animals CHILDREN. See also: MINORS Abandoned iceboxes, etc., available to CHRISTMAS TREE SALES Temporary uses See: ZONING CIGARETTES Smoking on buses CINDERS, SOOT OR GAS Nuisances enumerated and prohibited CIRCULARS Advertising matter, distributing See: ADVERTISING CIRCUSES. See : CARNIVALS, CIR- CUSES AND TENT SHOWS CISTERNS Demolition, removal, or relocation of buildings .......... See: BUILDING CODE CITY Defined Supp. No.7 SALINA CODE Section 8-201 et seq. 24-2 26-4 1-5 40-106 et seq. 25-62 7-33 7-74 25-101 42-59 40-2 24-2 3-1 et seq. 8-351 et seq. 1-2(3) CITY ATTORNEY Assistant attorneys Duties . . . . . . . . . Qualifications Duties Qualifications CITY CLERK Official bonds, amount Official bonds in general. See: OFFICERS AND EMPLOY- EES CITY COMMISSION. See: BOARD OF COMMISSIONERS CITY-COUNTY EMERGENCY PRE- PAREDNESS BOARD Appointment, terms of members Budget . Civil emergencies. See also: CIVIL EMERGENCIES AND DISAS- TERS Definitions Disaster, defined ................. Emergency preparedness, defined Expenditures Necessity declared Organization Organization of emergency prepared- ness Powers and duties Purposes Salina-Saline county emergency pre- paredness department Authority and duties of the co- ordinator of Succession Termination CITY COURT. See: MUNICIPAL COURT CITY DEPARTMENTS. P ARTMENTS AND AGENCIES OF CITY CITY EMPLOYEES. See: OFFICERS AND EMPLOYEES See: DE- OTHER CITY MANAGER Flood prevention and control regula- tions Liceme and permit fees, review of Official bonds, amount ......... Official bonds in general. See: OFFICERS AND EMPLOY- EES CITY OFFICERS. See: OFFICERS AND EMPLOYEES 3590 Section 2-108 2-106 2-107 2-106 2-63 10-18 10-23 10-17 10-17 10-17 10-23 10-25 10-18 10-22 10-19 10-16 10-20 10-21 10-24 15-5 2-2 (b) 2-63 e CITY PLANNING COMMISSION Created See: PLANNING e CITY PROPERTY. See: PROPERTY CITY REVENUE. See: FINANCES CITY SEAL. See: SEAL e - e Supp. No.7 CODE INDEX Section 29-16 et seq. 3590.1 e e e - e CITY TREASURER Official bonds, amount ............ Official bonds in general. See: OF- FICERS AND EMPLOYEES CITY'S INDEBTEDNESS Certain provisions saved from repeal CIVIC CENTER. See: SALINA BI- CENTENNIAL CENTER CIVIL EMERGENCIES AND DIS- ASTERS City-county emergency preparedness board ... See: CITY-COUNTY EMER- GENCY PREPAREDNESS BOARD Curfew, authority of mayor to impose Emergency proclamation Authority of mayor Effective time . . . . . . . . . Failure to comply with proclama- tion .......... Termination of proclamation Emergency resulting from mob action See: CIVIL EMERGENCIES AND DISASTERS Succession in event of death of co- ordinator . . . . CIVIL PROCEEDINGS Indemnification and liability See: INDEMNIFICATION CLAIMS Indemnification and liability .... See: INDEMNIFICATION CLAIRVOYANTS Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT CLERK. See: CITY CLERK CLINICS Bullet wounds, knife wounds, etc. Duty to report ................. City-county board of health . . . . . . . . See: HEALTH AND SANITA- TION Home occupations regulated ....... See: ZONING CLOSETS Abandoned iceboxes, etc. CLOSING-OUT-SALES Going-out-of-business sales ........ See: GOING-OUT-OF-BUSINESS SALES Supp. No.2 CODE INDEX Section 2-63 1-5 10-16 et seq. 10-39 10-32 10-40 10-42 10-41 10-39 10-21 2-76 et seq. 2-76 et seq. 6-1 25-6 17-16etseq. 4260 25-101 32-16 et seq. CLUBS AND LOUNGES Alcoholic beverage regulations See: ALCOHOLIC BEVERAGES Entertainment in food establishments See: FOOD AND FOOD SERV- ICES CODE OF ORDINANCES* Altering or tampering with code . . Amendments to code Zoning amendment procedure See: ZONING Catchlines or headings of sections Effect . . . . . . . . . . . Certain provisions saved from repeal Conflict of ordinances .......... Definitions Designated and cited, how General penalty See herein: Violations New ordinances, effect Parenthetical and reference 'Ilatter Effect Penalties . . . . . . . . . See herein: Violations Repeal of ordinances Effect Rules of construction . . . Technical regulations. See: TECHNI- CAL CODES Violations Continuing . . . . . . . . . . . . . . . General penalty. . . . . . . . . . . . . . Repeal of ordinances, effect . . . . . . Words and phrases construed AMUSEMENT COIN-OPERA TED MACHINES Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT COIN-OPERATED BOWLING AL- LEYS Arcades See: ARCADES COIN-OPERATED MACHINES AND DEVICES Music machines ................. See: MUSIC MACHINES Parking meters, damaging or defac- ing, etc. ... .................. See: TRAFFIC Section 5-16 et seq. 6-76 et seq. 1-9 1-6 42-21 et seq. 1-4 1-5 1-8 1-2 1-1 1-10 1-6 1-3 1-10 1-7 1-2 1-10 1-10 1-7 1-2 6-1 6-106 et seq. 6-131 et seq. 38-66 *Note-The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopt- ing ordinance and preface which are to be found in the preliminary pages of this volume. 3591 SALINA CODE COIN-OPERA TED MACHINES AND DEVICES-Cont'd. Punchboards, slot machines, etc. See: GAMBLING COMBUSTIBLES Fire prevention code .............. See: FIRE PREVENTION CODE Open fires ...................... Section 25-183 et seq. 14-1 et seq. 14-77 COMMISSIONERS. See: BOARD OF COMMISSIONERS COMMUNICABLE DISEASES. See: DISEASE CONTROL COMMUNICA TIONS Radio interference ................ 25-7 COMPLAINTS Equal opportunity, affirmative action complaints . . . . . . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION COMPOSERS Home occupations regulated See: ZONING COMPRESSED AIR GUNS N onpowder propelled guns ........ Weapons in general. See: FIRE- ARMS AND WEAPONS COMPUTATION OF TIME Rules for interpreting code ........ CONCEALMENT An offense, concealing ............ 13-56 et seq. 42-60 25-120 1-2 25-22 CONCERTS Circus and tent show requirements . . 6-16 et seq. See: CARNIVALS, CIRCUSES AND TENT SHOWS CONCRETE CONSTRUCTION WORK Sandblasting ..................... 8-476 et seq. See: SANDBLASTING CONDEMNATION Certain provisions saved from repeal 1-5 Code for abatement of dangerous buildings ..................... 8-33:1, Demolition, removal, or relocation of buildings ...... . . . . . . . . . . . . . . . 8-351 et seq. See: BUILDING CODE Food and food handlers, establishments Condemnation of unwholesome, adulter- ated food or drink. . . . . . . . . . . . . . 16-18 See: FOOD AND FOOD HANDLERS Housing code requirements ........ 18-1 et seq. See: HOUSING Supp. No.2 CONFIDENCE GAMES, RACKETS, ETC. Obtaining property by false pre- tenses, etc. .................. CONFLAGRATIONS Authority to remove structures to check fire .................... CONFLICTING PROVISIONS Conflict of ordinances . . . . . . . . . . . . . Interpretation of code, etc., other matters. See: CODE OF OR- DINANCES CONSERVATION Heritage conservation district . . . . . . See: ZONING Swimming pools, private Construction, design and maintenance generally . . . . . . . . . . . . . . . . . . . . . Water conservation ............... See: WATER AND SEWERS CONSTITUTION Severability of unconstitutional parts of code ...................... CONSTRUCTION Driveway construction ............ See: STREETS AND SIDE- WALKS Flood plain zoning districts . . . . . . . . See: ZONING Generally. See: BUILDINGS CONTAGIOUS DISEASES. See: DIS- EASE CONTROL CONTAMINATION Nuisances enumerated and prohibited CONTRACTORS Electrical contractors ............. See: ELECTRICAL CONTRAC- TORS Elevator contractors .............. See: ELEVATOR CONTRAC- TORS Mechanical contractors ............ See: MECHANICAL CONTRAC- TORS Mobile home contractors ......... See: MOBILE HOMES AND TRAILERS Plumbers ........................ See: PLUMBERS CONTRACTORS' OFFICES Temporary uses .................. See: ZONING 3592 Section 25-62 14-5 1-8 42-456 et seq. 8-464 41-51 et seq. 1-11 35-151 et seq. 42-426 et seq. 24-2 8-111 et seq. 8-436 et seq. 8-291 et seq. 22-51 et seq. 8-201 et seq. 42-59 e e e - e CONTRACTS AND AGREEMENTS Bonds, insurance, etc. ... Certain provisions saved from repeal Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION Fire protection for property outside city limits Charge for ..................... COPYING Public records, copying and inspection . . . See: PUBLIC RECORDS CORNER INTERSECTIONS. See: IN- TERSECTIONS CORNER LOTS Fences, walls, hedges, etc. See: FENCES, WALLS, HEDGES, AND ENCLOSURES CORPORATE SEAL. See: SEAL CORPORATION Person construed re CORPORA TION COUNSEL City attorney and assistants See: CITY ATTORNEY Defined for building code ....... CORRALS Proper maintenance of animal enclo- sures .................... COUNSEL FOR CITY City attorney and assistants See: CITY ATTORNEY COUNTY Defined COUNTY TREASURER Library board, duties COURTS Municipal court .................. See: MUNICIPAL COURT Severability of invalid parts of code COWS, CATTLE, ETC. Animal regulations . . . . . . . . . . See: ANIMALS AND FOWL CRAFTSMEN Mobile home craftsmen ........... See: MOBILE HOMES AND TRAILERS CRIMES AND OFFENSES. See: OF- FENSES Supp. No.7 CODE INDEX Section 2-3 1-5 13-1 et seq. 14-1 2.170 et seq. 8-401 et seq. 1-2(16) 2-106 et seq. 8-37(c) 7-58 2-106 et seq. 1-2 (5) 19-37 23-1 et seq. 1-11 7-1 et seq. 22-51 et seq. CRIMINAL PROCEEDINGS Indemnification and liability See: INDEMNIFICATION CROSSBOWS Nonpowder propelled guns .. Weapons in general. See: FIRE- ARMS AND WEAPONS CUBAN AMERICANS Equal opportunity, affirmative ac- tion policy . . . . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION CURBS AND GUTTERS Flood protection works . . . . . . . . See: FLOOD PREVENTION AND CONTROL CURFEW Emergency proclamation See: CIVIL EMERGENCIES AND DISASTERS Minors . See: MINORS D DAMAGES Contractor's bonds, insurance, etc. Desecration of property. See: VAN. DALISM Indemnification and liability ....... See: INDEMNIFICATION DANCING AND DANCE HALLS Carnival shows ................... See: CARNIVALS, CIRCUSES AND TENT SHOWS Entertainment in food establishments See: FOOD AND FOOD SERV- ICES Music machines ........... See: MUSIC MACHINES Public dances Defined ........ .............. Licenses Applications . . . . . . . . . . Denial ... . . . . . . . . . . . . . . . . . . Fees. . ..... . .. .. .. ........... Issuance ..................... N onissuance .................. Required ..................... Revocation . . . . . . . . . . . . . Residences, proximity to ........ 3593 Section 2-76 et seq. 25-120 13-1 et seq. 15-16 et seq. 10.39 et seq. 21-16 et seq. 2-3 2-76 et seq. 6-16 etaeq. 6-76 et seq. 6-131 et seq. 6-46 6-57 6-59 6-58 6-59 6-60 6-56 6-61 6-47 DANCING TEACHERS Home occupations regulated See: ZONING DANGEROUS BUILDINGS Uniform code for abatement adopted See: BUILDING CODE DA Y CARE HOMES Home occupations regulated See: ZONING DEAD ANIMALS Nuisances enumerated and prohibited Removal and disposal Other animal regulations. See: ANIMALS AND FOWL DEAD TREES Removal of dead trees and limbs See: TREES AND SHRUBBERY DEAF AND BLIND PERSONS Animals trained to assist, exemp- tion from certain provisions Handicapped persons, other. See: HANDICAPPED PERSONS Impersonating a blind person .. DELEGA TION OF AUTHORITY Word usage for interpreting code DELIVERY TRUCKS Freight vehicles See: FREIGHT VEHICLES DEMOLITION Authority to remove structures to check fire Code for abatement of dangerous buildings See: BUILDING CODE Housing code requirements See: HOUSING DENSE SMOKE Nuisances enumerated and prohibited DENTAL CLINICS Home occupations regulated See: ZONING DENTISTS City-county board of health See: HEALTH AND SANITA- TION Home occupations regulated See: ZONING DEPARTMENTS AND OTHER AGENCIES OF CITY Airport authority See: AIRPORTS AND AIRCRAFT Supp. No.7 SALINA CODE Section 42-60 8-331 42-60 24-2 7-2 39-5 7-56 38-25 1-2 40-16 et seq. 14-5 8-331 18-1 et seq. 24-2 42-60 17-16 et seq. 42-60 4-16 et seq. DEPARTMENTS AND OTHER AGEN- CIES OF CITY-Cont'd. Boards, etc. ...................... See: BOARDS, COMMITTEES AND COMMISSIONS City manager plan of government, adopted ..................... Code references to departments, boards, etc., construed .. Creation . . . . . . . . . . . . . . . . . . . . Delegation of authority construed .. Department of law ............... See: LA W DEPARTMENT Department of public health ....... See: HEALTH AND SANITA- TION Equal opportunity, affirmative action policy . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION Firemen's relief association See: FIREMEN'S RELIEF ASSO- CIA TION Health department, defined ........ See: HEALTH AND SANITA- TION Joint authority construed Municipal court ........ . . . . . . . . See: MUNICIPAL COURT Police department. See: POLICE DEPARTMENT Salina-Saline County emergency pre- paredness department ..... See: CITY-COUNTY EMER- GENCY PREPAREDNESS BOARD Section 2-136 et seq. 2-36 1-2 2-96 1-2(6) 2-106 et seq. 2-121 13-1 et seq. 14-17 et seq. 17-1 1-2(9) 23-1 et seq. 10-20 DESECRA TION OF PROPERTY. See: VANDALISM DEVELOPMENTS Demolition, removal, or relocation of buildings 8-351 et seq. See: BUILDING CODE Driveway and sidewalk construction 35-121 et seq. Economic development provisions re- served ....... . Chap. 11 (Notes) Excavations in streets 35-201 et seq. See: STREETS AND SIDE- WALKS Flood protection works 15-16 et seq. See: FLOOD PREVENTION AND CONTROL Housing code requirements ........ 18-1 et seq. See: HOUSING Mobile homes and trailers 22-1 et seq. See: MOBILE HOMES AND TRAILERS 3594 e e e - e DEVELOPMENTS-Cont'd. Oil and gas drilling, etc. ... See: OIL AND GAS Planned development district require- ments . . . . . . . . . . . . . . . . . . . See: ZONING Planning .................... See: PLANNING Sidewalk construction ..... See: STREETS AND SIDE- WALKS Subdivision regulations . . . . . . . . . . . . See: SUBDIVISIONS Trees and shrubbery, regulation of See: TREES AND SHRUBBERY Zoning regulations See: ZONING DIAMONDS Precious metals dealers, etc. See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. DICE OR CARDS Gambling prohibitions . See: GAMBLING DlLAPIDA TED STRUCTURES Code for abatement of dangerous buildings See: BUILDING CODE Housing code requirements ........ See: HOUSING DISABLED PERSONS. See also: HANDICAPPED PERSONS Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION DISAGREEABLE ODORS Nuisances enumerated and prohibited DISASTERS Civil emergencies ................ See: CIVIL EMERGENCIES AND DISASTERS DISCRIMINATION Equal opportunity, affirmative ac- tion policy ................... See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION DISEASE CONTROL Animal bites, responsibility for re- porting ...................... Supp. No.5 CODE INDEX Section 26-1 et seq. 42-401 et seq. 29-1 et seq. 35-121 et seq. 36-1 et seq. 39-1 et seq. 42-1 et seq. 33-16 et seq. 25-176 et seq. 8-331 18-1 et seq. 13-1 et seq. 24-2 10-16 et seq. 13-1 eheq. 7-68 DISEASE CONTRO~Cont'd. City-county board of health .. See: HEALTH AND SANITA- TION Dead animals .................... Animal care in general. See: ANI- MALS AND FOWL Diseased plants, trees, and shrubs . See: TREES AND SHRUBBERY Emergency proclamation ........... See: CIVIL EMERGENCIES AND DISASTERS Food service provisions reserved . . Chap. 16(Notea) Inoperable vehicles as breeding ground for mosquitoes, etc. Inoperable vehicles on roadway See: TRAFFIC Nuisance animals, animals breeding flies, etc. . . . . . . . . Nuisances . . . . . . . . See: NUISANCES Rabies vaccination of cats and dogs Sick or injured cats or d'Ogll Emergency treatment .......... Solid waste disposal See: GARBAGE AND TRASH DISMANTLED, DISCARDED AUTO- MOBILES Inoperable vehicles on roadway .... See: TRAFFIC J unkyards, etc. See: JUNK AND JUNK DEAL- ERS DISORDERLY CONDUCT Cereal malt beverage premises Entertainment in food establish- ments, as to ...... . . . . . . . . . . . . Generally . . . . . . . . . . . . . . . . Poolrooms, etc., in ................ DISPLAYING MATERIAL HARMFUL TO MINORS Provisions enumerated . . . . . . . . . . . . .. . . See: INDECENCY AND OBSCENITY DISTURBING THE PEACE Generally ........................ DITCHES Excavations in streets See: STREETS AND SIDE- WALKS Flood protection works .. . . . . . . . . . . See: FLOOD PREVENTION AND CONTROL DOCTORS Bullet wounds, knife wounds, etc. Duty to report ................. 3696 Section 17-16 eheq. 7-2 39-51 et seq. 10-39 et aeq. 38-81 et seq. 7-31 24-1 et seq. 7-54 7-3 34-16 et seq. 38-81 et seq. 33-36 et seq. 5-75 6-77 25-81 6-157 25-200 et seq. 25-82 35-201 et seq. 15-16 et seq. 25-6 DOCTORS-Cont'd. City-county board of health .... . . . . See: HEALTH AND SANITA- TION DODGERS Handbill distribution .............. See: ADVERTISING DOG AND PONY SHOWS Circus and tent show requirements See : CARNIVALS, CIRCUSES AND TENT SHOWS DOGS. See also: ANIMALS AND FOWL Barking and howling Nuisances enumerated and pro- hibited ..................... DOOR-TO-DOOR SALESMEN Peddlers, licensing of ............. See: PEDDLERS, CANVASSERS AND SOLICITORS DRAINAGE Flood protection works ............ See: FLOOD PREVENTION AND CONTROL Housing code requirements ........ See: HOUSING Mobile home parks ............... See: MOBILE HOMES AND TRAILERS Oil, grease, etc., draining into sew- ers, rivers, etc. ............... See: WATER AND SEWERS Plumbing code adopted ... . . . . . . . . . See: PLUMBING CODE Subdivision regulations ... See: SUBDIVISIONS DRAYS Freight vehicles .................. See: FREIGHT VEHICLES DRESSMAKERS Home occupations regulated See: ZONING DRILLING Oil and gas drilling, etc. See: OIL AND GAS SALINA CODE Section 17-16 et seq. 3-1 et seq. 6-16 et seq. 24-2 28-1 et seq. 15-16 et seq. 18-1 et seq. 22-19 41-73 8-176 et seq. 36-1 et seq. 40-16 et seq. 42-60 26-1 et seq. DRIVE-IN RESTAURANTS Food service provisions reserved .., Chap. 16(Notes) DRIVE-IN THEATERS Licensing of amusements, generally 6-1 See: AMUSEMENTS AND EN~ TERTAINMENT Supp. No.5 DRIVERS' LICENSES Taxicab drivers license ............ See: TAXICABS DRIVEWAYS Construction . . . . . . . . . . . . . . . . . . . . . . See: STREETS AND SIDE. WALKS DRUGS AND MEDICINES Public intoxication ................ 25-83 Section 40-106 et aeq. 35-121 et aeq. DRUGSTORES Food service provisions reaerved ... Chap. 16(Notea) DUMBWAITERS AND HOISTS Elevators, installation, etc. ........ See: ELEVATOR AND ELEVA. TOR INSTALLATION DWELLINGS Demolition, removal, or relocation of buildings .......... . . . . . . . . . . . See: BUILDING CODE Housing code requirements ........ See: HOUSING Mobile homes. See: MOBILE HOMES AND TRAILERS One and two family dwelling code adopted ...................... See: BUILDING CODE Trees and shrubbery, regulation of . . See: TREES AND SHRUBBERY DYED OR COLORED ANIMALS Selling .. . . . . . . . . . . . . . . . . . . . . . . . . . 8-426 et seq. 8-351 et seq. 18-1 et aeq. 8-51 39-1 et seq. 7-74 E EARTHQUAKES Emergency proclamation .......... See: CIVIL EMERGENCIES AND DISASTERS EASEMENTS Certain provisions saved from repeal Defined for mobile home provisiona . See: MOBILE HOMES AND TRAILERS Subdivision regulations ........... See: SUBDIVISIONS EATING ESTABLISHMENTS Entertainment in food establiah- ments ....................... See: FOOD AND FOOD SERVo ICES Food service provisions reserved '" Chap. 16(Notea) 10-39 et seq. 1-5 22-1(1) 36-1 et aeq. 6-76 et aeq. ECONOMIC DEVELOPMENTS Provisions reserved ............... Chap. 11 (Notea) 3596 e - e - - ELASTIC GUNS Nonpowder propelled guns ......... Weapons in general. See: FIRE- ARMS AND WEAPONS ELECTIONS City to consist of one ward .. . . . . . . Precincts City divided into ............... Territory outside city but in city school districts ............. ELECTRIC FENCES Fences, walls, hedges, ete. ........ See: FENCES, WALLS, HEDGES, AND ENCLOSURES ELECTRICAL CODE Administration. See herein specific subjects Building official Acting as inspector ............. See herein: Inspector Condemnation Unsafe articles and materials Defective or dangerous conditions Inspection, condemnation, correc- tion of ...... , . . . . . . . . . . . . . . Division of electrical wiring Elevator requirements ...... See: ELEVATOR AND ELEVA- TOR INSTALLATIONS Electrical inspectors. See herein: In- spector Elevators, installation, etc. See: ELEVATOR AND ELEVA- TOR INSTALLATIONS Enforcement. See herein specific sub- jects Fires Removal of wires, turning off cur- rent .................... Housing code requirements See: HOUSING Inspections Defective or dangerous conditions Inspector Building official acting as ...... Enforcement by Fires Removal of wires, turning off current in case of . . . . . . . . . General duties .................. Liabilities not affected .......... Qualifications .................. Questions, deciding ............. Wires, removal ................. Liabilities, construed .............. Supp. No.5 CODE INDEX Section 26-120 12-1 12-2 12-3 8-'01 et leq. 8-78 8-83 8-84 8-428 8-426 et seq. 8-82 18-1 et seq. 8-84 8-78 8-80 8-82 8-79 8-86 8-76 8-81 8-82 8-86 ELECTRICAL CODE-Cont'd. Mobile home regulations .......... See: MOBILE HOMES AND TRAILERS National electrical code Adopted ....................... National electrical safety code Adopted . . . . . . . . . . . . . . . . . . . Other technical codes. See: TECH- NICAL CODES Sign code See: SIGN CODE Swimming pools, private Compliance with electrical code . . . . . . Unsafe items and materials Condemnation ' . , . . . . . . . . Violations, generally "............ ELECTRICAL CONTRACTORS Bond requirement . . , . . . . . . . . . . . Exemptions from new contractors fees . . , . . . .. .. Insurance requirement . . . . . . . . . . Licenses Bonds ' Display of Exemptions Fees Insurance Required Scope .. Suspension, revocation Transfer of ....,... Requirements Doing work without meeting re- quirements ELECTRICAL MECHANICS Apprentice electricians Requirements .................... Classes established . . . . . . . . . . . . . . . . . . Examinations Reexamination after failure . . . . . . . . . Industrial electricians Requirements .................... Journeymen electricians Requirements .................... Licenses Expiration Fees Issuance Renewal Suspension, revocation ,......... Master electricians Generally Required, when ., Nonresident electricians Requirements . ' 8697 Section 22-18 8-66 8-67 8-381 et seq. 8-466 8-83 8-86 8-116 8-297 8-116 8-115 8-118 8-113 8-114 8-115 8-111 8-112 8-120 8-119 8-117 8-131(3) 8-131 8-137 8-131(5) 8-131(2) 8-140 8-139 8-138 8-140 8-141 8-131(1) 8-132 8-131(4) ELECTRICAL PERMITS AND IN- SPECTIONS Certificate of approval Required before setting meter or connecting current Connections Prerequisite 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 accom- plished Inspector Right of entry Meters Prerequisites to setting Permits Fees Failure to pay Payment of Issuance Conditions to issuance Not required, when Record of Required ............ ELECTRICITY Franchises, Art. I of App. B Mobile home park distribution sys- tems, etc. Power lines. See: POLES AND WIRES Public utility provisions See: UTILITIES ELECTRONIC GAMES Arcades See: ARCADES ELEVATOR CONTRACTORS Licenses Insurance, bQnd Other cities with equal population, issued by .................. Reciprocity . . . . . . . . . Revocation .......... ELEVATORS AND ELEVATOR IN- STALLATIONS Administrative authority Defined . . . . . . . . . . . . . . . . . . . . . Enforcement of provisions ....... Definitions ....................... Division of electrical wiring Requirements .. . . . . . . . . . . . . . . . . . Elevator, defined ................. Supp. No.5 SALINA CODE Section 8-163 8-163 8-162 8-158 8-163 8-161 8-157 8-159 8-160 8-163 8-154 8-155 8-155 8-156 8-152 8-153 8-151 22-23 31-1 et seq. 6-106 et seq. 8-436 8-437 8-437 8-438 8-426 8-427 8-426 8-428 8-426 ELEVATORS AND ELEVATOR INST AL- LATIONS-Cont'd. Enforcement ..................... Permits and inspections Inspections Permits Release of responsibilities EMBALMING ESTABLISHMENTS Home occupations regulated See: ZONING EMBEZZLEMENT Valuables of another EMERGENCIES Civil emergencies See: CIVIL EMERGENCIES AND DISASTERS EMPLOYEES. See: OFFICERS AND EMPLOYEES EMPLOYMENT AGENCIES Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION ENCLOSURES. See: FENCES, WALLS, HEDGES, AND ENCLO- SURES ENCROACHMENTS Street encroachments in general See: STREETS AND SIDE- WALKS ENGINEERS Home occupations regulated See: ZONING ENTERTAINMENT. See: AMUSE- MENTS AND ENTERTAIN- MENT ENVIRONMENTAL PROTECTION Flood protection works See: FLOOD PREVENTION AND CONTROL 3598 Section 8-427 8-447 8-446 8-429 42-60 25-61 10-16 et seq. 13-1 et seq. 35-36 et seq. 42-60 15-16 et seq. - e e e - e EPIDEMICS Diseases in general. See: DISEASE CONTROL Emergency proclamation .. See: CIVIL EMERGENCIES AND DISASTERS EQUAL OPPORTUNITY AND AF- FIRMATIVE ACTION Affirmative action by contractors See herein: Public Contracts Chairman, defined .. City's commitment to principle of nondiscrimination Structure and responsibilities for carrying out Definitions Evaluation committee Reports Training for upward mobility Commission, defined Complainant, defined Complaints, procedure for filing and processing False, misleading, incomplete com- plaint, etc. Filing of complaints Procedure for processing com- plaints Time for filing complaint Construction of provisions Contractor, defined Contracts Defined Public contracts See herein: Public Contracts Declaration of policy Definitions Director, defined Employee, defined Employer, defined . . . . . . . . Employment agency, defined Family, defined Financial institution Defined Hotel, motel, restaurant Defined Housing accommodations Defined Human relations commission Appointment ............ Compensation ........... Composition . . . . . . . . . . . . Created . . . . . . . . . . . . Officers . . . . . . . . . .. . . . . . . . Powers and duties .............. Quorum . . . . . . . . . Terms of office .. Labor organization Defined ........ Supp. No.7 CODE INDEX Section 10-39 et aeq. 13-42 13-2(b)(1) 13-71 13-76 13-78 13-77 13-2(b) (2) 13-2(b) (3) 13-57 13-56 13-58 13-59 13-3 13-2(b) (5) 13-2(b) (4) 13-41 et seq. 13-1 13-2 13-2(b) (6) 13-2(b) (7) 13-2(b) (8) 13-2(b) (9) 13-2(b) (10) 13-2(b) (11) 13-2(b) (12) 13-2(b) (13) 13-17 13-19 13-17 13-16 13-20 13-22 13-21 13-18 13-2(b) (14) EQUAL OPPORTUNITY AND AF- F'IRMA TIVE ACTION-Cont'd. Motel. See herein: Hotel, Motel, Res- taurant Occupational qualifications Defined ......... . . . . . . . . . . . . Owner, defined Person aggrieved, defined Person, defined ................... Probable cause, defined . . . . . . . . . Public accommodations, defined Public contracts Affirmative action by contractors required Affirmative action plans Exemptions Required contract provisions Real estate broker, defined Real estate salesman or agent Defined :Real property, defined Respondent, defined Restaurant. See herein: Hotel, Motel, Restaurant Subcontractor, defined To rent, defined Unlawful discriminatory housing practices . . . . . . . . . . Unlawful employment practices Defined Unlawful public practices Defined Section 13-2(b) (15) 13-2(b) (16) 13-2(b) (18) 13-2(b) (17) 13-2(b) (19) 13-2(b) (20) 13-42 13-43 13-44 13-41 13-2(b) (21) 13-2(b) (22) 13-2(b) (23) 13-2(b) (24) 13-2(b) (25) 13-2(b) (26) 13-28 13-26 . . 13-2(b)(27), (28) accommodation ERADICATION OF VERMIN, ETC. Animals creating fly breeding or rat infested areas Nuisances enumerated and prohioited EROSION Flood protection works See: FLOOD PREVENTION AND CONTROL ESCALATORS Elevators, installation, etc. See: ELEVTORS AND ELEVA- TOR INSTALLATIONS ESCAPE Defined Persons in custody generally. See: PRISONS AND PRISONERS ETHNIC GROUP RELATIONS Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION 8599 13-27 13-2(b) (29) 7-31 24-2 15-16 et seq. 8-426 et seq. 25-23 13-1 et seq. EUTHANASIA Humanely euthanize (Animals), de- fined ... . . . . . . . . . . . . . . . . . Euthanization of animals, etc. See: ANIMALS AND FOWL EXCA V A TIONS Demolition, removal, or relocation of buildings " . . . . . . . . . See: BUILDING CODE Flood protection works .. See: FLOOD PREVENTION AND CONTROL Oil and gas drilling, etc. ........ . See: OIL AND GAS EXCRETA Removal of animal feces EXHIBITIONS Circus and tent show requirements See: CARNIVALS, CIRCUSES AND TENT SHOWS EXPECTORA TING Spitting in public places EXPENSES Finances of city in general. See: FINANCES Indemnification and liability See: INDEMNIFICATION EXPLOSIONS Emergency proclamation See: CIVIL EMERGENCIES AND DISASTERS Gasoline sales on streets, prohibited Structures damaged by fire or explosion . . See: BUILDING CODE EXPLOSIVES AND BLASTING AGENTS Fireworks . . . . . . . . See: FIREWORKS F FAIR HOUSING Equal opportunity, affirmative ac- tion policy ................... See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION FALSE CALLS AND REPORTS Police officers, giving to FALSE FIRE ALARMS Turning in ................. FARO BANK Gambling prohibitions See: GAMBLING Supp. No.7 SALINA CODE Section 7-1(15) 8-351 et seq. 15-16 et seq. 26-1 et seq. 7-56 6-16 et seq. 25-5 2-76 et seq. 10-39 et seq. 14-79 8-500 et seq. 14-51 et Beq. 13-1 et Beq. 25-26 25-84 25-176 et Beq. FAST FOOD SERVICE PLACES Food service provisions reserved FECES Removal of animal feces FENCES, WALLS, HEDGES AND ENCLOSURES Animal yard structures and pens Proper maintenance ............ Authority to remove structures to check fire ................... Barbed wire Commercial and industrial fences Electrical fences .................. Entering enclosure to steal fruit ... Fire hydrants, obstructing ........ Obscene writings, pictures on struc- tures . . . . . . . . . . . Oil and gas installations See: OIL AND GAS Permits required . . . . . . . . . . Public property Erecting, maintaining on ........ Spite fences, etc. Street, alley, etc. Barbed wire .. . . . . . . . . . Commercial and industrial fences Dilapidated, dangerous, or unsight- ly fences, removal .......... Dwelling plots Requirements for fences, etc. .. Fences classified ... . . . . . . . . Hedges along . . . . . . . . . . . . . . Maintenance of fences .......... Nuisances ...................... Yard requirements .............. Zoning requirements ............ See also: ZONING Subdivision regulations ........... See: SUBDIVISIONS Swimming pools, private Enclosure of . . . . . . . . . . . . . . . . . . . . . . Violations declared nuisances Removal . . . . . . . . . . . . . . . . . . . Yard housing for animals, locations FERRIS WHEELS Carnival regulations .............. See: CARNIVALS, CIRCUSES AND TENT SHOWS FILLING STATIONS Streets, sale of gasoline, etc., on FIN ANCES Bonds for insurance contractors, li- censees, etc. ................. Certain provisions saved from repeal Charter ordinances. See: CHARTER ORDINANCES 3600 Section . Chap. 16(Notes) 7-56 7-58 14-5 8-409 8-403 25-63 14-2 25-166 26-3 et seq. 8-401 8-404 8-402 8-408 8-409 8-410 8-407 8-406 8-405 8-410 8-411 8-407 8-407 36-1 et seq. 8-468 8-411 7-33 6-16 et seq. 14-79 2-3 1-5 e e e - e FINANCES-Cont'd. Director of finance Official bonds, amount .......... Official bonds in general. See: OFFICERS AND EMPLOY- EES Firemen's relief association ....... . See: FIREMEN'S RELIEF ASSO- CIATION Fixed asset recorda for buildinp and land Charter ordinance No. 20 See: CHARTER ORDINANCES Official bonds .................... Other matters regarding official bonds. See: OFFICERS AND EMPLOYEES Treasurer of library board ...... . See: LIBRARY BOARD FINANCIAL INSTITUTIONS Equal opportunity, affirmative ac- tion policy ............ See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION FINES, FORFEITURES AND PEN- ALTIES Certain provisions saved from repeal Forfeiture of gambling device, pro- cedure ....................... See: GAMBLING General penalties ................ Specific penalties. See specific of- fenses, crimes, misdemeanors, etc., as indexed Indemnification and liability ...... . See: INDEMNIFICATION Repeal of ordinances, effect . . . . . . . . FIRE, DAMAGED GOOD SALES Going-out-of-business sales ........ See: GOING-OUT-OF-BUSINESS SALES FIRE DEPARTMENT Authority to remove structures to check fire .................... Charge for fire protection on prop- erty outside city .............. Command at fires .. . . . . . . . . . . . . . . . Contributions by officers and mem- bers to retirement system Charter ordinance No. 6 See: CHARTER ORDINANCES Longevity pay Charter ordinance No. 4 See: CHARTER ORDINANCES Supp. No.7 CODE INDEX Section 2-63 14-17 eheq. 2-61 et seq. 19-86 et seq. 13-1 et seq. 1-5 25-181 1-10 2-76 et seq. 1-7 82-16 et seq. 14-6 14-1 14-4 FffiE DEPARTMENT -Cont'd. Resisting or hindering firemen Retirement pay to certain members Charter ordinance Nos. 5, 16 See: CHARTER ORDINANCES FIRE HAZARDS Demolition, removal, or relocation of buildings .................... See: BUILDING CODE Inoperable vehicle. OD roadway See: TRAFFIC FIRE HYDRANTS Hydrant rental fee .......... Water and sewer installations. See: WATER AND SEWERS Obstructing ..... .. . . . . . . . . . . . . FIRE PREVENTION CODE Gasoline, sale on streets, etc. ...... Liquefied petroleum gases Regulations adopted .... Violations, penalties . . . . . . . . . . . Miscellaneous hazards Open fires . . . . . . . . . . . . . . . . . . . . Pitch or tar Location for boiling .......... Streets, fires prohibited on ...... National fire code, adoption. . . . . . Violations ..................... . FIRE PROTECTION Fire prohibited on streets . . . . . . . . . . . . . Gasoline sales on streets, etc. . . . . . . . . . . Housing; smoke detectors in case of fire . . Mobile home park distribution systems, etc. ........................... Open fires . . . . . . . . . . . . . . . . . . . . . . . . . Structures damaged by fire or explosion. . See: BUILDING CODE FIREARMS AND WEAPONS BB guns ......................... Brandishing . . . . . . . . . . . . . . . . . Bullet wounds, injuries, etc. Physicians and hospitals to report Carrying weapons concealed ....... Dangerous weapons Hostile demonstrations with ... Discharge of firearms ............. Knucks Manufacture, dealing in, c:arry1nc, display of .................. Merchant or private policemen's rights. ...................... Nonpowder propelled guns ........ FIREMEN'S RELIEF ASSOCIATION Bond of treasurer ................ Bylaws, regulations authorized .... 3601 Section 14-8 8-861 et aeq. 88-81 et seq. 41-89 14-2 14-79 14-66 14-67 14-77 14-76 14-78 14-41 14-42 14-78 14-79 18-22 22-23 14-77 8-500 et seq. 26-121 26-118 26-6 26-116 26-118 26-117 26-119 80-21, 80-25 26-120 14-21 14-19 FffiEMEN'S RELIEF ASSOCIATION- Cont'd. Composition ... . . . . . . . . . . . . . . . . Custody of funds ................. Disbursements, procedure for ...... Double benefits prohibited ........ Funds Custody of ..................... Holding in trust . . . . . . . . . . . Investments of . . . . . . . . . . . . . . Loans to city .......... 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 Command at ........ Emergency proclamation See: CIVIL EMERGENCIES AND DISASTERS False fire alarms ........... Removal of wires, turning off current FIREWORKS Dealing in, using, etc. Defined Exceptions to provisions Liability insurance required for dis- play ........ Manufacture Nuisance Declared; abatement Storage, selling, dealing in Unfired fireworks, disposal Violations, seizure FIRM Person defined re FLAMMABLES Fire prevention code See: FIRE PREVENTION CODE Open fires . . . FLEA MARKETS Temporary uses See: ZONING FLOOD PLAINS Subdivision regulations See: SUBDIVISIONS Zoning district requirements See: ZONING Supp. No.7 SALINA CODE Section 14-17 14-21 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 14-4 10-39 et seq. 25-84 8-82 14-53 14-51 14-56 14-54 14-52 14-58 14-53 14-55 14-57 1-2(16) 14-1 et seq. 14-77 42-59 36-1 et seq. 42-426 et seq. FLOOD PREVENTION AND CON- TROL Flood protection works Building permits Withholding of grade sheet or . . City engineer to review plans for construction or excavation ... Appeals from decisions of . . . . . . Findings ....................... Grade sheet or building permit Withholding .................. Permit for construction or excava- tion 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, interfer- ing with property ....... FLOODS Emergency proclamation .......... See: CIVIL EMERGENCIES AND DISASTERS FLOORS Spitting on floors in public places FLOWERS, PLANTS, ETC. Animals destroying in parks .. FLUORIDA TION Water supply fluoridation authorized FLY BREEDING AREAS Animal nuisances ........... FOLLOWING. See: PRECEDING, FOLLOWING FOOD AND FOOD HANDLERS Entertainment in food establishments Alcoholic liquor, serving. . . . . . . . . . . . Disorder, gambling. . . . . . . . . . . . . . . . Gambling ................... Hours limited . . . . . . . . . . . . Licenses Applications Approval .. Denial Fees Issuance Required Revocation ................... Suspension ................... 3602 Section 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 10-39 et seq. 25-5 27-17 41-42 7-31 6-77 6-77 6-77 6-76 6-87 6-89 6-89 6-88 6-90 6-86 6-92 6-91 e e e e . FOOD AND FOOD HANDLERS-Cont'd. Sunday operations . . . . . . . . Establishments Adulterated, unwholesome food or drink Examination, condemnation of . . . . . Compliance with provisions required. . Definitions . . . . . . . . . . . . . . . . . . . . . . . Enforcement and interpretation . . . . . . Examination, condemnation of unwhole- some, adulterated food or drink. . . Inspections required . . . . . . . . . . . . . . . Second inspection required after vio- lation ...................... Permits Application for required . . . . . . . . . . Display required ................ Exemption for itinerant restaurants. Expiration ..................... Fee Established . . . . . . . . . . . . . . . . . . . Paid to treasury . . . . . . . . . . . . . . . Prerequisites to issuance . . . . . . . . . . Reinstatement of . . . . . . . . . . . . . . . . Removal of suspended, revoked. . . . . Renewal ....................... Required...................... . State regulations adopted ... . . . . . . Unwholesome, adulterated food or drink Examination, condemnation of. . . . Violation Permit suspension, revocation for fla- grant violation. . . . . . . . . . . . . Second inspection required after. . . Private clubs (Liquor)............ See: ALCOHOLIC BEVERAGES FORTUNETELLERS Licensing of amusements, generally. See: AMUSEMENTS AND EN- TERTAINMENT FOWL. See: ANIMALS AND FOWL FRANCHISES Certain provisions saved from repeal Kansas power and light company Electric franchises, 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, Art. IV, V of App. B FRAUD Library books or property, stealing or taking . . . . . . . . . . . . Supp. No.7 CODE INDEX Section 6-76 16-18 16-11 16-12 16-13 16-18 16-19 16-20 16-15 16-14 16-14 16-17 16-15 16-16 16-15 16-22 16-21 16-17 16-14 16-13 16-18 16-20 16-20 5-116 et seq. 6-1 1-5 26-1 et seq. 19-2 FRAUD-Cont'd. Obtaining property by false pre- tenses, etc. ................... Theft in general. See: THEFT FREEZER LOCKERS Abandoned iceboxes, etc. FREIGHT VEHICLES Exemptions ................... Licenses Contents Display .......... Fees...... .. .. ................. Issuance . . . . . . . . . . . . Required ....................... Revocation .................. Vehicles for hire generally. See: VE- HICLES FOR HIRE Violations ........................ FRUITS, VEGETABLES, PRODUCE, ETC. Peddlers, licensing of . . . . . . . . . . . . . . See: PEDDLERS, CANVASSERS AND SOLICITORS Stealing, entering enclosure, carry- ing away ................... FUEL Liquefied petroleum gases ........ See: FIRE PREVENTION CODE FUNERAL HOMES Home occupations regulated See: ZONING FUNERAL PROCESSIONS Traffic regulations . . . . . . . . . . . . See: TRAFFIC G GAMBLING Carnivals, etc. .................... See: CARNIVALS, CIRCUSES AND TENT SHOWS Devices, tables, places, keeping .... Food establishment entertainments, etc., places of . . . _ . . . . . . . . . . . . . Leasing premises for .. . . . . . . . . . . . . Lotteries ......................... Permitting on premises . . . . . . . . . . . . Places declared nuisances Abatement .............. Forfeiture of devices ... . . . . . . . . . Poolrooms, in . . . . . . . . . . Prohibition, generally ............ Punchboards . . . . . . . . . . . . Condemnation, destruction upon conviction .................. Seizure and confiscation ......... 3603 Section 25-62 25-101 40-16 40-28 40-29 40-27 40-28 40-26 40-30 40-17 28-1 et seq. 25-63 14-66 et seq. 42-60 38-101 et seq. 6-18 25-177 6-77 25-179 25-182 25-178 25-180 25-181 6-158 25-176 25-183 25-184 25-185 GAMBLING-Cont'd. Slot machines .... . . . . . . . . . . . . . . Destruction Seizure and confiscation ......... Taxicabs used for illegal purposes GAMEROOMS Arcades See: ARCADES GAMES OF CHANCE Gambling prohibitions See: GAMBLING GARAGE SALES Temporary uses See: ZONING GARBAGE AND TRASH Additional regulations authorized, when Animal yards, structures, and pens Proper maintenance of .......... Burning of garbage . . . . . . . . . . . . . Collection, frequency .............. Commercial enterprises, storage by . Containers Cleaning ....................... Prevention of spillage .......... Contracts for service to dwellings . . . Debris, junk, discarded building ma- terials Demolition, removal, or relocation of buildings ................ See: BUILDING CODE Definitions . . . . . . . . . . . . . . . . Discontinuance of service Delinquent bills . . . . . . . . . Draining, wrapping required, when . Dwellings Contracts for service to ... Fire hydrants, creating obstruction to Frequency of collection ........... Housing code requirements ........ See: HOUSING Landfills, solid waste disposal areas See herein: Solid Waste Disposal Areas Licenses Private haulers ................. See herein: Private Haulers Manner of disposal to be approved . . Nuisances enumerated and prohibited Occupants of dwellings, premises, etc. General duties .. Permits Solid waste; permit for disposal of waste to originating outside county. See herein: Solid Waste Disposal Area Supp. No.7 SALINA CODE Section 25-183 25-184 25-185 40-70 6-106 et seq. 25-176 et seq. 42-59 34-52 7-58 34-32 34-20 34-29 34-24 34-31 34-37 8-351 et seq. 34-16 34-36 34-30 34-37 14-2 34-20 18-1 et seq. 34-81 et seq. 34-61 et seq. 34-18 24-2 34-17 3604 GARBAGE AND TRASH-Cont'd. Person responsible fails to remove from premises Removal by city ................ Persons authorized to collect and dis- pose of refuse . . . . . . . . . . . . . Private haulers Licenses Applications Approval Exemptions Fees Issuance, contents of licenses Liability insurance Registration decals for vehicles Required Revocation ........... Transfer of .......... Standards for transportation and vehicles Public right-of-way Unlawful to store refuse, etc., on Refuse collection and sanitary land- fill Rules and regulations Service charges ... Regulations Authority to adopt . . . . . . . . Removal by city, when .. Service charges and fees Billing for, when bill due and pay- able ................... Delinquent bills . . . . . . . . . . Discontinuance of service for de- linquency ........... Refuse collection and sanitary landfill . . . . . . . . Rules and regulations Solid waste disposal area Solid waste disposal area Establishment . . . . . . . . . Permit for disposal of waste originating outside county Application. . . . . . . . . . . . . . . . . . . . . Approval . . . . . . . . . . . . . . . . . . . . . . . Nontransferable. . . . . . . . . . . . . . . . . Terms . . . . . . . . . . . . . . . . . . . . . . . . . Use fees, presentation and payment of .. .. .... .. .. .. . . .... .. .. . Removal of objects . . . . . . . . . . Rules and regulations Service fees Use restricted Spillage Prevention of spillage from trash containers Storage areas, cleanliness of Section 34-21 34-19 34-62 34-62 34-61 34-65 34-64 34-63 34-66 34-61 34-68 34-67 34-51 34-26 34-34 34-34 34-38 34-21 34-35 34-36 34-36 34-34 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 e e e - e GARBAGE AND TRASH-Cont'd. Storage facilities Adequacy of ............ Vermin proof required Unoccupied premises, disposal from . Unusual situations . . . . . . . . . . . Vehicle standards ................. Vehicles for private hauler See herein: Private Haulers Vermin Storage to be inaccessible to, ap- proved GAS Fire prevention code See: FIRE PREVENTION CODE Franchises, Art. II of App. B Liquefied petroleum gases .. See: FIRE PREVENTION CODE Mobile home park distribution sys- tems, etc. Oil and gas mining, drilling, etc. See: OIL AND GAS Public utility provisions See: UTILITIES GAS ATTACK Emergency proclamation See: CIVIL EMERGENCIES AND DISASTERS GAS CODE Mobile home regulations See: MOBILE HOMES AND TRAILERS Other technical codes. See: TECH- NICAL CODES GAS FITTERS. See also: PLUMBERS; PLUMBING, ETC. Bond requirements ................ Extension of plumbing license, etc. Certificates of qualification Applications ............. Fee to accompany Forfeiture of fees Bond and insurance Examination required, nature Renewal not subject to examina- tion fee . . . . . . . . . . . . Issuance . . . . . . . . . . . . . . . . . . . . Fee .................... Issuance of license . . . . . . . . . . . Registration, fee . . . . . . . . . . . Renewal ........ . . . . . . . . . . Fee ........... Required ....................... Exemption from new contractor fees Insurance requirement ............ Extension of plumbing license, etc. Supp. No.7 CODE INDEX Section 34-27 34-25 34-22 34-33 34-51 34-51 et seq. 34-25 14-1 et seq. 14-66 et seq. 22-23 26-1 et seq. 31-1 et seq. 10-39 et seq. 22-18 8-268 8-269 8-257 8-258 8-259 8-268 8-260 8-266 8-261 8-265 8-263 8-262 8-264 8-265 8-256 8-297 8-268 8-269 GAS FITTERS-Cont'd. Licenses Bond and insurance Certificate, renewal See herein: Certificates of Quali- fication Current license prerequisite to per- mit ..... Expiration, renewal Extension of plumbing license, bond and insurance Issuance ....... Permits Current license prerequisite to Plumbers' regulations See: PLUMBERS Registration of certificate, fee GAS GUNS Nonpowder propelled guns Weapons in general. See: FIRE- ARMS AND WEAPONS GAS LINES Service pipes, etc., ahead of See: STREETS AND WALKS paving SIDE- GAS, SOOT OR CINDERS Nuisances enumerated and prohibited GASOLINE Fire prevention code See: FIRE PREVENTION CODE GEMS Precious metals dealers, etc. See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. GENDER Word usage for interpreting code GOATS Animal regulations See: ANIMALS AND FOWL GOING-OUT-OF-BUSINESS SALES Goods which may be advertised Licenses Applications Fees Required . . . . . . . . Time limitation Waiting period GOLD AND SILVER Precious metals dealers, etc. See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. 3605 Section 8-268 8-264 8-267 8-264 8-269 8-263 8-267 8-201 et seq. 8-262 25-120 35-176 et seq. 24-2 14-1 et seq. 33-16 et seq. 1-2(7) 7-1 et seq. 32-16 32-27 32-28 32-26 32-29 32-30 33-16 et seq. GRADE SHEET Withholding relative to flood preven- tion and control . . . . . . . . . . . . . . . GRADES OF PUBLIC WAYS Certain provisions saved from repeal GRASS FIRES Open fires GRA VEY ARDS. See: CEMETERIES GREASE TRAPS Plumbing code adopted See: PLUMBING CODE GREENS FUEL Liquefied petroleum gases See: FIRE PREVENTION CODE GROCERY STORES Food and food handlers, establishments. . See: FOOD AND FOOD HANDLERS GROOMING SHOPS (Animals) Commercial animal establishment, defined . . . . . . . . . . . GROUP DAY CARE CENTERS Home occupations regulated See: ZONING GUARD-DOG SERVICE Commercial animal establishment de- fined .. . . . ..... . GUARDS Merchant or private policemen See: MERCHANT OR PRIVATE POLICEMEN GUEST TAX. See: TRANSIENT GUEST TAX GYPSUM HILL CEMETERY Management See: CEMETERIES H HANDBILLS Advertising matter, distributing. See: ADVERTISING HANDICAPPED PERSONS Deaf and blind persons Animals trained to assist, etc. Equal opportunity, affirmative ac- tion policy . . . . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION Impersonating Supp. No.7 SALINA CODE Section 15-20 1-5 14-77 8-176 et seq. 14-66 et seq. 16-1 et seq. 7 -1 (7) 42-60 7-1(7) 30-16 et seq. 9-1 3-1 et seq. 7-55 13-1 et seq. 38-25 HARASSMENT Telephone misuse HA WKING Peddlers, licensing of . . See: PEDDLERS, CANVASSERS AND SOLICITORS HAZARDOUS WASTES Sewers and sewage disposal . . . . . . . . . . . See: WATER AND SEWERS HEALTH AND SANITATION Beer parlors, etc. City-county board of health Appointment, terms, etc. Budget Expenditures Officers Organization Powers and duties Termination of Demolition, removal, or relocation of buildings See: BUILDING CODE Department of public health J oint resolution, to be prescribed by Other departments. See: DEPART- MENTS AND OTHER AGEN- CIES OF CITY Food and food handlers, establishments. . See: FOOD AND FOOD HANDLERS Health department, defined Health officer, defined Nuisances See: NUISANCES Persons owning animals, responsi- bilities Animals in general. See: ANI- MALS AND FOWL Solid waste disposal See: GARBAGE AND TRASH Water and sewer facilities Approval for zoning purposes Generally. See: WATER AND SEWERS HEARINGS Board, committee hearings, etc. See specific boards, committees, etc. Housing board See: HOUSING Zoning changes See: ZONING HEA TING Housing code requirements See: HOUSING 3606 Section 25-43 28-1 et seq. 41-71 et seq. 5-77 17-16 17-19 17-19 17 -18 17 -16 17-17 17 -20 8-351 et seq. 2-121 16-11 et seq. 17-1 17-2 24-1 et seq. 7 -46 et seq. 34-16 et seq. 42-62 18-24 42-24 18-1 et seq. e e e -- e HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HEREDITAMENTS Real property defined re Property in general. See: PROP- ERTY HERITAGE CONSERVATION DIS- TRICT Zoning regulations See: ZONING HIGHWAYS Street defined re Public ways in general. See: STREETS AND SIDEWALKS HISTORICAL AREAS Heritage conservation districts ..' See: ZONING HOBBY BREEDER Defined Breeding of animals in general. See: ANIMALS AND FOWL Home occupations regulated See: ZONING HOGS Animal regulations See: ANIMALS AND FOWL HOISTS AND DUMBWAITERS Elevators, installation, etc. See: ELEVATORS AND ELEVA- TOR INSTALLATIONS HOLIDA YS Observance Parking meters not operated on HOME CRAFTS Home occupations regulated See: ZONING HONEYBEES Keeping of bees HORNS AND SIGNALING DEVICES Motor vehicles sounding See: TRAFFIC HORSES Animal regulations See: ANIMALS AND FOWL HOSPITALS Accident, knife or pistol wounds, etc. Duty to report Animal hospital, defined ........ See: ANIMALS AND FOWL Supp. No.7 CODE INDEX Section 1-2(20) Section 42-456 et seq. 1-2(23) 42-456 et seq. 7-1(11) 42-60 7 -1 et seq. 8-426 et seq. 1-14 38-58 42-60 7-34 38-155 7 -1 et seq. 25-6 7 -1 (2) HOSPIT ALS-Cont' d. City-county board of health See: HEALTH AND SANITA- TION Home occupations regulated . See: ZONING HOSTILE MILITARY, ETC., AC- TIONS Emergency proclamation ... See: CIVIL EMERGENCIES AND DISASTERS HOTELS Equal opportunity, affirmative ac- tion policy ................... See: EQUAL OPPORTUNITY AND AFFIRM A TIVE AC- TION Food service provisions reserved .. Chap. 16(Notes) HOUSE MOVING Moving buildings through public ways.................... . See: STREETS AND SIDE- WALKS Removal or relocation of building .. See: BUILDING CODE HOUSE-TO-HOUSE SALESMEN Peddlers, licensing of ............. See: PEDDLERS, CANVASSERS AND SOLICITORS HOUSE TRAILERS. See: MOBILE HOMES AND TRAILERS HOUSING Access . . . . . . . . . . . . . . . . . . . . . . . . Administration and enforcement Inspection authorized ....... ... Notification and right of entry ... Occupant to give owner access, when..................... . Other administrative provisions. See elsewhere herein specific subjects Responsibility for enforcement ... Appeals Building codes advisory and appeals board Appeals from decisions . . . . . . . . . . . Authority ...................... Effect offailure to appeal . . . . . . . . . . Procedure Form of appeal . . . . . . . . . . . . . . . . Right of appeal . . . . . . . . . . . . . . . . Scheduling and noticing appeal for hearing .................. 3607 Section 17-16 et seq. 42-60 10-39 et seq. 13-1 et seq. 36-61 et seq. 8-351 et seq. 28-1 et seq. 18-78 18-23 18-23(b) 18-23(c) 18-21 18-47 18-41 18-43 18-42(b) 18-42(a) 18-42(c) HOUSING-Cont'd. Procedure for conduct of hearing Conduct of hearing . . . . . . . . . . . . . Form of notice of hearing . . . . . . . . Generally .................... Method and form of decision . . . . . . Subpoenas . . . . . . . . . . . . . . . . . . . . Scope of hearing . . . . . . . . . . . . . . . . . Stay order . . . . . . . . . . . . . . . . . . . . . . Artificial light and ventilation . . . . . . . . . Basements Basement and cellar dwelling units . . . Defined . . . . . . . . . . . . . . . . . . . . . . . . . . Occupancy ....................... Bathing facilities Generally . . . . . . . . . . . . . . . . . . . . . . . . Bathrooms Lighting of toilets and bathrooms. . . . . Building codes advisory and appeals board. See herein: Appeals Building official Defined ........................ Responsibility for enforcement .. See also herein: Administration and Enforcement Service of complaint or order .... Ceiling heights ................... Cellar Basement and cellar dwelling units Defined ........................ Occupancy . . . . . . . . . . . . . . . . . . . . . . Code for abatement of dangerous buildings ..................... See: BUILDING CODE Complaints, service ............... Compliance ...................... Condemnation Unfit dwellings. . . . . . . . . . . . . . . . . Corridor, lighting ................ Definitions ....................... Demolition Order to repair, remove or de- molish .................... Procedure ...................... Doors and windows . . . . . . . . . . . . . . . . Drainage of yards and courts, etc. .. Driveway and sidewalk construction Dry hopper sewers, etc. ..:........ Dwelling, defined ................. Dwelling unit, defined ............ Dwellings Use and occupancy. See herein specific subjects Electric lights Installation, maintenance ........ Enforcement . . . . . . . . . . . . . See herein: Administration and Enforcement Supp. No.7 SALINA CODE SectioD 18-46(d) 18-46(b) 18-46(a) 18-46(e) 18-46(c) 18-44 18-45 18-64 18-67 18-4(1) 18-62 18-69 18-76 18-4(2) 18-21 18-30 18-68(a) 18-67 18-4(8) 18-62 8-331 18-30 18-2 18-26 18-66(b) 18-4 18-27 18-28 18-65 18-79 35-121 et seq. 18-75( 18-4( 4) 18-4(5) 18-66(c) 18-21 et seq. 3608 HOUSING-Cont'd. Equal opportunity, affirmative ac- tion policy . . . . . . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION Floor area and ceiling height Floors, stairways, dnors, porches, etc. Maintenance and repair. . . . . . . . . . Furnace room, lighting .. . . . . . . . . . . Garages, attached garages ........ Garbage and trash receptacles ..... . Garbage, defined ................. Habitable dwelling, defined ........ Habitable room, defined ........... Hallways, ventilating ............. Heating facilities Water heating facilities ......... Heating of dwellings .............. Infestation, defined . . . . . . . . . . . . . . . . Inspections Authorization .................. Kitchen sinks. . . . . . . . . . . . . . . . . . . . . Laundry rooms Lighting ....................... Lavatory facilities ................ Leaking roofs . . . . . . . . . . . . . . . . . . . . . Lighting Habital rooms .................. Maintenance and repair ........... Means of access.................. Mechanical ventilation ............ Minimum housing code Provisions cited ................ Multiple dwelling, defined ......... Natural light and ventilation. . . . . . . Nondwelling areas Attached garages and nondwelling areas ...................... Nuisances Violations declared ............. Numbering of buildings ........... See: STREETS AND SIDE- WALKS Occupancy regulations ............ See also herein specific subjects Occupant, defined ................ Operator, defined ................. Order to vacate Unfit dwellings. . . . . . . . . . . . . . . . . Owner, defined ................... Owners, occupants, etc. Responsibilities, generally ....... Placarding unfit dwellings ........ Plumbing Defined ........................ Maintenance .. . . . . . . . . . . . . . . . . . . Section 13-1 et seq. 18-68 18-7 18-66(b) 18-80 18-77 18-4(6) 18-4(7) 18-4(8) 18-64(e) 18-72 18-63 18-4(9) 18-23 18-71 18-66(b) 18-73 18-7 18-66 18-7 18-78 18-64 (c) 18-1 18-4(10) 18-64 18-80 18-5 35-101 et seq. 18-61 et aeq. 18-4(11) 18-4(12) 18-26(2) 18-4(13) 18-6 18-26(2) 18-4(14) 18-74 e e e - e HOUSING-Cont'd. Policy and purpose declared Porch, lighting ................... Private wastewater disposal systems Additional requirements. . . . . . . . . . . . Availability of sewer . . . . . . . . . . . . . . . Compliance ...................... Generally . . . . . . . . . . . . . . . . . . . . . . . . Permit .......................... Use of public sewers required. . . . . . . . Responsibility of owner . . . . . . . . . . . . . Rain water leaking . . . . . . . . . . . . . . . . Refuse, defined .................. Removal Order to repair, remove or demolish Reoccupancy of unfit dwellings .... Repair and maintenance .......... Order to repair, remove or de- molish ..................... Procedure for repairs or demolition Rodents and pests Infestation, defined ............. Roof, maintenance ................ Rooming house, defined ........... Rooming unit, defined ............. Sewers and sewage disposal Private wastewater disposal systems. See herein that subject Short title .. . . . . . . . . . . . . . . . . . . . . . . Sidewalk construction ............. See: STREETS AND SIDE- WALKS Sleeping areas Ventilation ..................... Smoke detectors Basement . . . . . . . . . . . . . . . . . . . . . . . . Fire, smoke detectors in case of . . . . . . . Power source . . . . . . . . . . . . . . . . . . . . . Required installation .... . . . . . . . . . . Supplied, defined . . . . . . . . . . . . . . . . . . Temporary housing Defined ........................ Tents, trailers, etc. Temporary housing, defined . . . . . . Toilets Lighting of toilets and bathrooms Providing ...................... Trash, combustible Defined ........................ Trash, noncombustible Defined ........................ Unfit dwellings Conditions making struetures unfit for human use, etc. ......... Designation, eondemnation ...... Emergency abatement .......... Supp. No.7 Section 18-3 18-66(b) 18-75.5 18-75.3 18-75.2 18-75 18-75.1 41-113 18-75.4 18-7 18-4(15) 18-27 18-26(3) 18-7 18-27 18-28 18-4(9) 18-7 18-4(16) 18-4(17) 18-1 35-121 et seq. 18-64(f) 18-81(c) 18-22 18-81(b) 18-81(a) 18-4(18) 18-4(19) 18-4(19) . 18-76 18-70 18-4(20) 18-4(21) 18-29 18-26 18-31 CODE INDEX HOUSING-Cont'd. Use and occupancy regulations. . . . . Applicability ................... Scope .......................... See also herein specific subjects Vent shaft, ventilation and light .. Violations Notice Contents, service ............. Required ..................... Nuisance declared. . . . . . . . . . . . . . . Water closets .................... Water heating facilities ........... Windows and doors ............... Windows, skylights, ehimneys, toi- lets, etc. Maintenance and repair ........ Words and phrases, meaning of . . . . HUMAN RELATIONS Equal opportunity, affirmative ac- tion policy ................... See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION HUMANE OFFICER Defined .......................... Animal shelter regulations, etc. See: ANIMALS AND FOWL HUMANITIES Arts and humanities commission. . . . . . . See: ARTS AND HUMANITIES COM- MISSION HYDROGEN BOMB ATTACKS Emergency proclamation .......... See: CIVIL EMERGENCIES AND DISASTERS HYDROPHOBIA Rabies vaccination of eats and dogs Dogs and cats in general. See: ANIMALS AND FOWL I ICE CREAM VENDORS Peddlers, licensing of ............. See: PEDDLERS, CANVASSERS AND SOLICITORS ICE SKATING RINKS Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT IMPERSONA TION Impersonating personnel of eity 3609 Section 18-61 et seq. 18-61 18-61 18-64(d) 18-25 18-23 18-5 18-75 18-72 18-65 18-7 18-4(22) 13-1 et seq. 7-1(14) 2-161 et seq. 10-39 et seq. 7-54 28-1 et seq. 6-1 25-27 IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS "IN THE CITY" Defined INCAPACITATED PERSONS. See also: HANDICAPPED PERSONS Impersonating ..... INCINERATORS Open fires .......... INDEBTEDNESS OF CITY Certain provisions saved from repeal INDECENCY AND OBSCENITY Obscene material, pornography, etc. Displaying material harmful to minors Defenses . . . . . . . . . . . . . . . . . . . . . . . Definitions ....... . . . . . . . . . . . . . . Offenses ....................... Violation and penalty . . . . . Obscene telephone calls Peeping toms Poolrooms, disorderly conduct in Sex offenses Bawdy houses Houses of ill fame, frequenting Indecent exposure Lewd act, prostitution, perversion Committing, offering to commit Pimps and procurers Prostitute, obtaining ........ Prostitution, fornication, concubin- age Procuring, inducing female per- sons for .. Street walking . . . . . . . . . . . . . . Taxicabs used for immoral pur- pOleS . . . . . . . . . . . . . . . . INDEMNIFICA TION Bonds and insurance of contractors, !icenlees, etc:. ................ Indemnification for liability Authority ...................... Expense Defined ................. . . . . Requirements for payment Revocation of authorization Finding of facts Investigations Majority approval of board re INDIAN RACE Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION Supp. No.7 SAUNA CODE Section 1-2(8) 38-25 14-77 1-5 25-202 25-200 25-201 25-203 25-43 25-136 6-157 25-146 25-149 25-148 25-147 25-150 25-149 25-151 25-152 40-69 2-3 2-76 2-77 2-79 2-80 2-78 2-78 2-81 13-1et leq. INDIVIDUALS Applicable definitions INDUSTRIAL ELECTRICIANS Electrical mechanics . . . . . . . . . . . . . . . . . See: ELECTRICAL MECHANICS INDUSTRIAL WASTES Sewers and sewage disposal . . . . . . . . . . . See: WATER AND SEWERS INFECTED TREES Diseased trees and shrubs See: TREES AND SHRUBBERY INFECTIOUS DISEASES. See: DIS- EASE CONTROL INFLAM}IABLES Fire prevention code See: FIRE PREVENTION CODE Open fires INJURIES Indemnification and liability See: INDEMNIFICATION INOCULATION Rabies vaccination of dogs and cats . INSECT CONTROL Bees, keeping Garbage storage to be inaccessible to vermin Housing code requirements See: HOUSING Nuisances enumerated and prohibited Proper maintenance of animal yards, etc. . . . . . . . . . . . . See: ANIMALS AND FOWL INSURANCE Advertising sim business . . . . . . . . Contractors, licensees, ~tc:. .. Elevator contractors .............. Fire or explosion, structures damaged by Applicability ..................... Firemen's relief association provi- sions, limitation .............. Fireworks displays Mechanical contractorl ............ See: MECHANICAL CONTRAC- TORS Merchant po!ice lervice busine.. . . . . See: MERCHANT OR PRIVATE POLICE Mobile home contractor's license reo quirements Oil and gas drilling, etc. See: OIL AND GAS Plumbers . . . . . . . . . . Sign business Tree trimmers and treaters 3610 Section 42-616 8-131 et seq. 41-71 et seq. 39-51 et seq. 14-1 et seq. 14-77 2.76 et seq. 7-54 7-34 34-25 18-1 et seq. 24-2 7-58 8-38& 2-8 8-436 8-505,8-506 14-26 14-54 8-295 34-41 22-60 26-1 et seq. 8-219 8-384 39-34 - e e e e e INSTITUTIONS Loitering or trespassing on private property INTERSECTIONS Tree trimming regulations See: TREES AND SHRUBBERY INTERST A TE COMMERCE City licenses do not affect INTOXICATION Cereal malt beverage premises Public intoxication See: ALCOHOLIC BEVERAGES INUNDATION Flood protection works See: FLOOD PREVENTION AND CONTROL INVESTIGATIVE PROCEEDINGS Indemnification and liability See: INDEMNIFICATION INVESTMENTS Firemen's relief association funds See: FIREMEN'S RELIEF ASSO- CIATION IRRIGATION Flood protection works . . . . . . . . . See: FLOOD PREVENTION AND CONTROL ITINERANT MERCHANTS Peddlers, licensing of . . . . . . . See: PEDDLERS, CANVASSERS AND SOLICITORS ITINERANT RESTAURANTS Food and rood handlers, establishments. . See: FOOD AND FOOD HANDLERS J JACKASSES Animal regulations . . . . . . . . . . . . . . . . . . See: ANIMALS AND FOWL JAIL. See: PRISONS AND PRISONERS JEWELRY Precious metals dealers, etc. . . . . . . . . . . . See: PA~ROKERS, SECONDHAND DEALERS, ETC. JOINT AUTHORITY Con8trued ...... . . . . . . . . . . . . . . . . . . JOINT CITY.COUNTY RESOLUTION OR ORDINANCES Certain provisions saved from repeal. . . . Supp. No.7 CODE INDEX Section JOINT OWNER Section Owner defined re . . . . . . . . . . . . . . . . . . , 1-2(15) 25-86 JOURNEYMEN ELECTRICIANS Electrical mechanics . . . . . . . . . . . . . . . . . 8-131 et seq. 39-1 et seq. See: ELECTRICAL MECHANICS JUDGMENTS Indemnification and liability 2-76 et seq. 20-20 See: INDEMNIFICATION JUKEBOXES 5-75 Music machines 6-181 et aeq. 25-83 See: MUSIC MACHINES 16-16 et seq. JUNK AND JUNK DEALERS Automobile junk dealers, classifica- tion ,.., ' ," " ,.... Automobile junk parts dealers, classi- fication Inoperable vehicles on roadway See: TRAFFIC Junk buyers, classification Junk collectors, classification Junk dealer's classification Junk, defined Licenses Additional license for separate places of business Applications Submission, approval Classification of licensees ...... Collector's license required for each vehicle ' . . . . . . . . . . . .. ... Fees .......,... Required . . . . . . . . , . . . . . ' . . . . Scope , . . . ' . ' . . . . . . . . . . . . . Suspension, revocation .......... Nuisances enumerated and prohibited. . . Paper junk dealers, classification . . , . . . . Reports to police . . . . . . . . . . . . . ., .... Scrap metal processor, classification . . . . Storage regulations . . . . . . . . . . . . . . . . . . Storing junk at unlicensed locations. . . . . Time articles must be kept . . . . . . . . . . . . Wrecking yards Classification of licensees . . . . . . . . . . . 2-76 et seq. 14-54 15-16 et seq. 28-1 et seq. 16-11 et seq. 7 -1 et seq. 33-16 et seq. 1-2(9) 1-5 3610.1 88-49(6) 83-49(6) 38-81 et seq. 33-49(2) 33-49(3) 33-49(1) 33-86 88-53 88-47 33-48 88-49 88-52 88-50 88-46 88-51 88-54 24-2 33-49(4) 33-39 33-49(7) 33-38 33-37 33-39 33-49 - e e e - e JURISDICTION Section Police powers exteaGed over airport 4-1 Police powers extended to city prop- erty ......................... 1-12 JUVENILES. See: MINORS K KANSAS STANDARD TRAFFIC OR- DINANCE Adoption ......... 38-1 See; TRAFFIC KANSAS, STATE OF. See: STATE KENNELS Defined ................. 7-1(17) Animal kennels, etc. See: ANI- MALS AND FOWL Home occupations regulated 42-60 See: ZONING KENO Gambling prohibitions 25-176 et seq. See: GAMBLING K.S.A. Kansas statutes abbreviations con-' strued .............. 1-2(10) L LABOR RELATIONS Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION LAKES Nuisances enumerated and prohibited LAND Charter ordinance No. 20 See: CHARTER ORDINANCES Flood protection works ............ See: FLOOD PREVENTION AND CONTROL Municipal property. See: PROP- ERTY Owner defined re ................. Real property defined re .......... Property in general. See: PROP- ERTY Subdivision regulations ........... See: SUBDIVISIONS Tenant, occupant, etc., construed re LANDMARKS Heritage conservation district ..... See: ZONING Supp. No.2 13-1 et seq. 24-2 15-16 et seq. 1-2(15) 1-2(20) 36-1 et seq. 1-2(24) 42-456 et seq. CODE INDEX LANES Street defined re ................. Public ways in general. See: STREETS AND SLDEW.AlKS> LA TIN AMERICANS Equal opportunity, affirmative ac- tion policy ................... See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION LAVATORY FACILITIES Housing code' requirements See: HOUSING LA W DEPARTMENT City attorney and assistants Duties of assistants .. . . . . . . . . . . . Duties of city attorney .. Qualifications . . . . . . . . . . . Other departments of city. See: DE- P ARTMENTS AND OTHER AGENCIES OF CITY LA WSUITS. See: SUITS AND PLEAS LA WYERS City attorney and assistants See: CITY ATTORNEY Home occupations regulated See: ZONING LEAFLETS, PAMPHLETS, ETC. Advertising matter, distributing. . . See: ADVERTISING LEASING, RENTALS, ETC. Equal opportunity, affirmative ac- tion policy . . . . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION LEGAL HOLIDAYS. See: HOLIDAYS LIABILITY Contractor's bonds, insurance, etc. . Indemnification ................., See: INDEMNIFICATION LIABILITY INSURANCE Fireworks displays ............... Oil and gas drilling, etc. .......... See: OIL AND GAS Private refuse haulers ............ See: GARBAGE AND TRASH LIBRARY Books Damaging . . . . . . . . . . . . . . . . . . . . . . Failing to return after notice .... Stealing, taking ................ 3611 Section 1-2(23) 13-1 et seq. 18-1 et seq. 2-108 2-107 2-106 2-106 et seq. 42-60 3-1 et seq. 13-1 et seq. 2-3 2-76 et seq. 14-54 26-1 et seq. 34-63 19-4 19-3 19-2 SALINA CODE Section 5-66 et seq. LICENSES AND PERMITS-Cont'd. Cereal malt beverages, etc. ........ See: ALCOHOLIC BEVERAGES Certificate of occupancy . . . . . . . . . . . See: ZONING Circus permits . . . . . . . . . . . . . . . . . . . . City manager Annual review of all fees .. . . . . . . Dances . . . . . . . . . . . . . . . . . . . . See: DANCING AND DANCE HALLS Delinquencies Fee for permits when not obtained in time . . . . . . . . . . . . . . . . . . Electrical contractors ............. See: ELECTRICAL CONTRAC- TORS Electrical mechanics .............. See: ELECTRICAL MECHANICS Elevator contractors .............. See: ELEVATOR CONTRACTORS Elevator permits and inspections .. See: ELEVATORS AND ELEVA- TOR INSTALLATIONS Excavation permits . . . . . . . . . . . See: STREETS AND SIDE- WALKS Existing zoning permits .......... See: ZONING Fees Administrative provisions relative to ..................... Board of commissioners to deter- mine, etc. ................. Fees for permits when not obtained in time .. . . . . . . . . . . . Fence permits . . . . . . . . . . See: FENCES, WALLS, HEDGES, AND ENCLOSURES Food and food handlers, establishments; permit requirements . . . . . . . . . . . . . See: FOOD AND FOOD HANDLERS Gas fitters See: GAS FITTERS Going-out-of-business sales See: GOING-OUT-OF-BUSINESS SALES House moving, special permits, etc. . See: STREETS AND SIDE- WALKS Section 19-4 LIBRARY -Cont'd. Damage to books or property Loitering or trespassing on certain grounds ..................... Use of library .................... 42-5 25-86 19-1 6-17 LIBRARY BOARD Appointment ..................... Budgets and tax levies ............ Chairman, secretary, treasurer Election of ..................... Compensation of members ......... Composition ...................... Corporate status, title, powers ..... Mayor as ex officio member, powers Meetings Date, place ..................... Organization of board .., . . . . . . . . Special meetings Calling . . . . . . . . . . . . . . . . . . . . . . . Notice ..... . . . . . . . . . . . . . . . . . Officers . . . . . . . . . . . . . . . . . . . . . . . . Organization ..................... Other city officers Board members holding Powers and duties Real property Approval of board dealings in Residence of members Resignation, removal, etc. Filling vacancies Terms on board Number limited Treasurer Bond of Duties of Vacancies, filling 2-2(b) 6-56 et seq. 19-22 19-38 19-32 19-29 19-21 19-30 19-24 1-13 8-111 et seq. 19-33 19-32 8-131 et seq. 8-436 et seq. 19-33 19-34 19-32 19-32 8-446 et seq. 35-201 et seq. 19-25 19-35 42-4 19-31 19-26 19-27 19-23 19-28 2-2 2-2 19-36 19-37 19-27 1-13 8-401 et seq. LICENSES AND PERMITS Air conditioning permits .. See: WATER AND SEWERS Arcades . . . . . . . . . . . . . . . . . . . . . . See: ARCADES Auction and auctioneers ........... Bee keeping permits .............. Billiards . . . . . . . . . . . . . . . . . . . . . . See: BILLIARDS AND POOL TA- BLES Bonds and insurance Contractors, licensees, etc. Bondsmen . . . . . . . . . . . . . . . . . . . See: BONDSMEN Building permits and fees ........ See: BUILDINGS (Generally) Carnivals, circuses and tent shows ..6-17, 6-31 et seq. See: CARNIVALS, CIRCUSES AND TENT SHOWS Cats and dogs, registration See: ANIMALS AND FOWL 41-51 et seq. 16-14 et seq. 6-116 et seq. 8-256 et seq. 7.5-1 7-34 6-166 et seq. 32-16 et seq. 35-61 et seq. 2-3 23-16 et seq. 6-141 et seq. Jukeboxes See: MUSIC MACHINES Junk and junk dealers See: JUNK AND JUNK 'DEAL- ERS Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT 8-1 et seq. 33-46 et seq. 6-1 7 -91 et seq. Supp. No.2 3612 e e e - e LICENSES AND PERMITS-Cont'd. Loudspeakers .................... Mechanical contractors ..... See: MECHANICAL CONTRAC- TORS Mechanical permits and inspections See: MECHANICAL CONTRAC- TORS Merchant or private policemen . . . . . See: MERCHANT OR PRIVATE POLICEMEN Mobile home contractors and crafts- men........................ . See: MOBILE HOMES AND TRAILERS Moving buildings, special permits, etc. . . . . . . . . . .. . . . . " . . See: BUILDING CODE. See also: STREETS AND SIDEWALKS Music machines .. . . . . . . . . . . . . . . . . . See: MUSIC MACHINES Occupational licenses (Generally. See also specific subjects) Age of licensees ................ Applications . . . . . . . . . . . . . . . . . . . . Beginning business between pay- ing dates .................. Compliance prerequisite to license Contents ....................... Delinquency penalty ............ Duty to carry, exhibit license .... Exemptions Producers, growers, etc. ...... Veterans ..................... Exhibition of license ............ Duty to carry, exhibit license " Fees.......................... . Recovery by suit . . . . . . . . . . . . . . When fees due . . . . . . . . . . . . . . . . Forfeiture . . . . . . . . . . . . . . . . . . . . Inspections, regulated business subject to .................. Interstate commerce affected . . . . . Issuance .................... Other regulations not affected ... Posting of license ............ Producers, growers, exemptions " Refunds . . . . . . . . . . . . . . . . . . . . . . . . Required; compliance ........... Separate license required for each place of business .......... Transferability ............ Veterans' exemption ........... Violations Not authorized. . . . . . . . . . . . . Penalties .................... Oil and gas drilling, etc. . . . . . . . . . See: OIL AND GAS Supp. No.7 Section 3-5 8-291 et seq. 8-311 et seq. 30-16 et seq. 22-51 et seq. 35-61 et seq. 6-141 et 8eq. 20-3 20-2 20-9 20-25 20-6 20-10 20-15 20-21 20-22 20-12 20-15 20-4 20-11 20-7 20-19 20-13 20-20 20-5 20-23 20-12 20-21 20-17 20-1 20-18 20-16 20-22 20-24 20-26 26-16 et seq. LICENSES AND PERMITS-Cont'd. Parades and processions See: TRAFFIC Pawnbrokers See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. Plumbers' licenses and certificates See: PLUMBERS Poolrooms See: BILLIARDS AND POOL TA- BLES Private clubs (Alcoholic Beveraees) See: ALCOHOLIC BEVERAGES Private garbage and trash haulers . . See: GARBAGE AND TRASH Private wastewater disposal systems. . . Public dances .... . . . . . . . . . . . See: DANCING AND DANCE HALLS Registration of cats and dogs '" See: ANIMALS AND FOWL Sandblasting permits . . . . . . . . . . . See: SANDBLASTING Secondhand dealers ............ See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. Sewers and sewage disposal . . . . . . . . . . See: WATER AND SEWERS Sidewalk construction ............. 35-151 et seq. See: STREETS AND SIDE- WALKS Sign business license .............. 8-383 Sign permits . . . . . . . . . . . . . . . . . 8-382, 42-501 See: SIGN CODE. See also: ZON- ING Solid waste disposal permits . . . . . . . . . . . See: GARBAGE AND TRASH Sound trucks .................... Streets, various construction and oth- er permit requirements. See: STREETS AND SIDEWALKS Subdivision regulations . . . . . . . . See: SUBDIVISIONS Swimming pools, private Permit requirements ............... See: SWIMMING POOLS <Private) Taxicab business license See : TAXICABS Taxicab drivers' licenses See: TAXICABS Tent shows.... '" .6-17,6-31 etseq. See: CARNIVALS, CIRCUSES AND TENT SHOWS Tree trimmers and treaters See: TREES AND SHRUBBERY Water and sewers, various permit re- quirements. See: WATER AND SEWERS CODE INDEX 3613 Section 38-101 33-16 et seq. 8-201 et seq. 6-166 elseq. 5-116 et seq. 34-61 et seq. 18-75.1 6-56 et seq. 7-91 et seq. 8-486 et seq. 33-16 et seq. 41-71 et seq. 34-86 et seq. 3-5 36-1 et seq. 8462 et seq. 40-81 et seq. 40-106 et seq. 39-31 et seq. LICENSES AND PERMITS-Cont'd. Zoning, various permit requirements, certificates, etc. See: ZONING LIFE INSURANCE Firemen's relief association limita- tions re LIGHT AND POWER COMPANY Franchise, Arts I and II of App. B LIGHTING Swimming pools, private Compliance with lighting . . . . . . . . . . . LIQUEFIED PETROLEUM GASES Generally See: FIRE PREVENTION CODE LIQUIDATION SALES Going-out-of-business sales See: GOING-OUT-OF-BUSINESS SALES LIQUOR Alcoholic liquor regulations See: ALCOHOLIC BEVERAGES LITIGATION Lawsuits. See: SUITS AND PLEAS SALINA CODE Section 14-26 8.466 14-66 et seq. 32-16 et seq. 5-16 et seq. 24-2 25.57 34-1 et leq. 42-551 et seq. 21-17 LOITERING Bondsmen loitering in courtroom or police station 23-19 Cereal malt beverage premises 5-73 Parental responsibility for minors .. 21-17 Public or private school or institu- tion, on grounds 25-86 LITTERING Nuisances enumerated and prohibited Property, generally Solid waste in general See: GARBAGE AND TRASH LOADING Traffic regulations re heavy vehicles, etc. See: TRAFFIC Zoning requirements for off-street parking and loading See: ZONING LOAFERS Parental responsibility re minors LOCAL IMPROVEMENTS. See: PUB- LIC WORKS AND IMPROVE- MENTS LODGING HOUSES Food service provisions reserved . Chap. 16(Notes) Supp. No.7 LOTS Subdivision regulations See: SUBDIVISIONS LOTTERIES Prohibited . See: GAMBLING LOUDSPEAKERS AND SOUND TRUCKS Licenses Prohibited hours of use LOUNGES AND CLUBS Alcoholic beverage regulations See: ALCOHOLIC BEVERAGES Entertainment in food establishments See: FOOD AND FOOD SERV- ICES M MAD DOGS Rabies v'lccination of dogs and cats Dogs and cats in general. See: ANIMALS AND FOWL MAGAZINE SALESMEN Peddlers, licensing of ........ See: PEDDLERS, CANVASSERS AND SOLICITORS MAGIC SHOWS Carnival shows ................... See: CARNIVALS, CIRCUSES AND TENT SHOWS MALICIOUS MISCHIEF Committing . . . . . . . . . . . . See also: VANDALISM MALT BEVERAGES Cereal malt beverages ........... See: ALCOHOLIC BEVERAGES MANAGER. See: CITY MANAGER MAPS. See: SURVEYS, MAPS AND PLATS MARBLE TABLES Arcades . . . . . . . . . See: ARCADES MARRIED PERSONS Equal opportunity, affirmative ac- tion policy ...... See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION 3614 Section 36-1 et seq. 25-182 3-5 3-6 5-16 et seq. 6-76 et seq. 7-54 28-1 et seq. 6-16 et seq. 25-58 5-66 et seq. 6-106 et seq. 13-1 et seq. e e e - e MASTER ELECTRICIANS Electrical mechanics .............. See: ELECTRICAL MECHANICS MASTER STREET PLAN Streets in general. See: STREETS AND SIDEWALKS Traffic regulations to conform See: TRAFFIC MAYOR Elections . . . . . . . . . . . . . . . . . . . . . . . . . See: ELECTIONS Ex officio member of library board . MEAT MARKETS Food and food handlers, establishments . . See: FOOD AND FOOD HANDLERS MECHANICAL CODE Air condition system permits ...... See: WATER AND SEWERS Elevators, installing, etc. .......... See: ELEVATORS AND ELEVA- TOR INSTALLATIONS Mobile home regulations .......... See: MOBILE HOMES AND TRAILERS Other technical codes. See: TECH- NICAL CODES Sign code ........................ See: SIGN CODE Uniform mechanical code Adopted . . . .. . .. . .. . .. .. .. .. .. .. Amendments. . . . . . . . . . . . . . . . . . . . Permit fees ..................... Section 8-181 et aeq. 38-2 12-1 et seq. 19-24 16-11 et seq. 41-61 et seq. 8-426 et seq. 22-18 8-381 et seq. 8-281 8.283 8-282 MECHANICAL CONTRACTORS Bonds Exemptions .................... 8-296 Inspections. See herein: Permits and Inspections Insurance Exemptions .................... 8-297 Supp. No.4 CODE INDEX 3614.1 e e e - e MECHANICAL Cont'd. Licenses Applications Bond required .............. Classes of .... . . . . . . . . . . . . . . . . . . Exemptions . . . . . . . . . . Fees .. " .......... .... ....... Insurance required .............. Nevv contractors Exemptions from fees ...... . . . Required ....................... Permits and contracts Permits required ...,........... Records Permits and inspections Building official to inspect ..... Concealing vvork before inspection Inspection and approval Building official to inspect .... Concealed vvork .............. Required ..................... CONTRACTORS- MECHANICS Electrical mechanics ,............. See: ELECTRICAL MECHANICS MEDICAL HOSPITALS Home occupations regulated ....... See: ZONING MEDICINE. See: DRUGS AND MEDI- CINES MERCHANDISE Secondhand dealers ............... See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. MERCHANT OR PRIVATE POLICE- MEN Business address, change of ....... Definitions ....................... Firearms, use .................... Dravving or discharging unlavvful, vvhen ...................... License or permit Application for license .......... Approval or disapproval ...... Application for permit .......... Approval or disapproval ...... Bonds ......................... Defined ........................ Expiration of permit ............ Identification cards ............. Insurance ...................... License fee ..................... Other licenses or permits, provi- sions intended to be in addi- tion to " .................. Permit fee . . . . . . . . . . . . . . . . . . . . . . Supp. No.5 Section 8-294 8-296 8-292 8-297 8-293 8-295 8-297 8-291 8-311 8-312 8-313 8-315 8-313 8-315 8-314 8-131 et seq. 42-60 33-16 et seq. 30-24 30-16 30-21 30-25(3) 30-38 30-40 30-39 30-40 30-42 30-16(1), (4) 30-44 30-45 30-41 30-43 30-37 30-44 CODE INDEX MERCHANT OR PRIVATE POLICE- MEN-Cont'd. Required Suspension or revocation Term, duration of permit ........ Merchant police service, defined Merchant policeman, defined ,...... Permits. See herein: Licenses and Permits Personnel, changes in . . . . ,. ... Police in general. See: POLICE DE- PARTMENT Uniforms . , . , . . . . . . Unlavvful acts .,............... Vehicles Change of Markings on Radio equipment Red lights and sirens, use . . . . . . . . MERRY-GO-ROUNDS Carnival regulations See: CARNIVALS, CIRCUSES AND TENT SHOWS MEXICANS, LATINS, ETC. Equal opportunity, affirmative ac- tion policy . . . . . . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION MICE HARBORAGE Nuisances enumerated and prohibited MICROWAVES Radio interference ...:............ MILITARY ACTION Emergency proclamation .......... See: CIVIL EMERGENCIES AND DISASTERS MIND READERS Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT MINIATURE POOL TABLES Arcades , . . . . . . . . . . . . . . . . . See: ARCADES Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT MINING Oil and gas drilling, etc. . . . . . . . . . . . See: OIL AND GAS MINISTERS Home occupations regulated See: ZONING 3615 Section 30-36 30-46 30-44 30-16(2) 30-16(3) 30-22 30-17 30-25 30-23 30-18 30-19 30-20 6-16 et seq. 13-1 et seq. 24-2 25-7 10-39 et seq. 1-6 6-106 et seq. 6-1 26-1 et seq. 42-60 MINORITY RELATIONS Equal opportunity, affirmative ac- tion policy ................ See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION MINORS (Juveniles, chlidren, etc.) Abandoned iceboxes, etc., accessible to children .................. Alcoholic liquor regulations ....... See: ALCOHOLIC BEVERAGES Cereal malt beverages, etc. See: ALCOHOLIC BEVERAGES Curfew Established . . . . . . . . . . . . . . . . . . . Parental responsibility .......... Displaying harmful material . . . . . . . . . . See: INDECENCY AND OBSCENITY N onpowder propelled guns .... Weapons in general. See: FIRE- ARMS AND WEAPONS Pawnbrokers, secondhand dealers, etc. Dealing with children .......... Poolrooms, in . . . . . . . . . . . See: BILLIARDS AND POOL TA- BLES Private clubs (Alcohol) ........... See: ALCOHOLIC BEVERAGES Traffic violations, parental responsi- bility . . . . . . . . . . Other provisions relative to traffic violations. See: TRAFFIC MISDEMEANORS State law provisions re ......... . . . See: OFFENSES MOBILE HOMES AND TRAILERS Alteration of internal mechanical system ...................... Buildings New parks, etc. ................ Construction standards New parkl:l or expansions ....... Definitions ................. . . . . Drainage . . . . . . . . . . . . . . . . . . . . . New parks, etc. ................ Easement, defined ................ Electrical distribution system ...... Alteration of . . . . . . . . . . . New parks, mobile home service lines . . . . . . . . . . . . . . . . . . Environmental standards Existing regulations, applicability .. Fire protection Mobile home parks ............. New parks or expansions ........ Future mobile homes, etc. Applicability . . . . . . . . . . . . Supp. No.5 SALINA CODE Section 13-1 et seq. 25-101 5-16 et seq. 5-66 et seq. 21-16 21-17 25-200 et seq. 25-120 33-19 6-156 5-116 et seq. 38-8 25-1 22-18 22-36(c) 22-38 22-1 22-19(a) 22-36( b) 22-1( 1) 22-23(c) 22-18 22-38(e) 22-19 22-16 et seq. 22-23(e) 22-38(c) 22-16 et seq. MOBILE HOMES AND TRAILERS- Cont'd. Gas distribution system . . . . . . . . . . . . Alteration of ................... New parks, mobile service lines. . General regulations Housing code requirements See: HOUSING Inspections Contractors or craftsmen ........ See herein: Mobile Home Con- tractors and Craftsmen Licenses Mobile home contractors and craftsmen .................. See herein: Mobile Home Con- tractors and Craftsmen Licenses for mobile home parks Fees ...................... Issuance, requirements .......... Required . . . . . . . . . . . . . . . . . . . . . Revocation .... . . . . . . . . . . . Lighting New park streets, etc. ........... Location of mobile home park ..... Mobile home contractors and crafts- men Apprentice mobile home craftsmen Classification ................ Board of examiners Created, membership .......... Bond required .................. Craftsmen, classes established ... Inspections Building official to inspect .... Calls for .................... Certificate of approval, when .. Concealing work before ....... Inspection, approval required .. Meters or connections Certificate of approval re- quired before setting .... Permits. See also herein that subject Insurance required .............. Journeyman mobile home crafts- men Classification ................ Licenses Applications for craftsmen .... Contractor's applications ...... Examination, fees, expiration of licenses .................. Issuance . . . . . . . . . . . . . . . Required ..................... Suspension ................... Master craftsmen Classification ................ 3616 Section 22-23(a) 22-18 22-38(e) 22-16 et seq. 18-1 et seq. 22-71 et seq. 22-51 et seq. 22-22(c) 22-22(b) 22-21(a) 22-22(d) 22-38(d) 22-16 22-54(3) 22-55 22-61 22-54 22-76 22-80 22-79 22-78 22-77 22-79 22-60 22-54(2) 22-52 22-53 22-52 22-58 22-51 22-59 22-54(1) e e e - e MOBILE HOMES AND TRAILERS- Cont'd. Master mobile home craftsman Ccntractor required to employ Meetings, board to hold Nonresident mobile home craftsmen Permits Fees . . . .. " . .. Payment, failure to pay Inspections. See also herein that subject Records Required . . . . . . . . . . . . When permit not required Mobile horne, defined Mobile home owner Responsibilities Mobile home park or court Defined Location Mobile home park owner Responsibilities Mobile home parks Licenses. See herein: Licenses for Mobile Horne Parks Service distribution systems Mobile home space (Area unit) Defined Mobile home stand Defined New parks or expansions Placement of mobile home Mobile home zoning requirements. See: ZONING New parks or expansions Addresses to he posted Board of examiners Examination conducted by, scope Meetings Construction standards DEvelopment requirements Drain8ge, recreational areas, etc. Fire protection Streets and roadways, arrange- ment Lighting of streets Mobile home service line Mobile home stand construction Park plan Proximity to lot line, other mobile homes or buildings Roadways, construction standards Size, marking, parking, etc. Streets, construction standards Zoning, compliance Nuisances . . . . . . . . Park service distribution systems Parking New parks, etc. Supp. No.7 Section 22-62 22-56 22-63 22-74 22-75 22-73 22-71 22-67 22-1 (2) 22-21(b) 22-1(3) 22-16 22-21(a) 22-23 22-1 ( 4 ) 22-1 ( 5 ) 22-38(f) 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) 22-38(f) 22-37 22-36(c) 22-38 22-36(b) 22-38 22-36( a) 22-19(b) 22-23 22-36(b) CODE INDEX 3617 MOBILE HOMES AND TRAILERS- Cont'd. Permits Contractors or craftsmen See herein: Mobile Home Con- tractors and Craftsmen Placement Plans New park plan Plumbing systems, alteration of Recreational areas New developments, new parks Recreational space (open space) Defined Recreational vehicle Defined Responsibilities Mobile home owner . . . . . . . . Mobile home park owner Roadway, defined 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 requirements, other. See: ZONING MOBS Emergency resulting from mob ac- tion See: CIVIL EMERGENCIES AND DISASTERS Unlawful assemblies Assemblies in general. See: AS- SEMBLIES MONEY OF CITY. See: FINANCES MORALS Offenses against public morals See: INDECENCY AND OB- SCENITY MORTUARY ESTABLISHMENTS Horne occupations regulated See: ZONING MOTELS Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION Section 22-71 et seq. 22-17 22-37 22-18 22-36(b) 22-1(6) 22-1(7) 22-21(b) 22-21(a) 22-1(8) 22-23(0) 22-20 22-38 22-38( e) 22-17 22-38(e) 22-23 (b) 10-39 25-85 25-136 et seq. 42-60 13-1 et seq. MOTELS-Cont'd. Food service provisions reserved MOTOR BUSES. See: BUSES MOTOR VEHICLES AND OTHER VEHICLES Accidents involving injury, etc. Dut~, of physician or hospital to report Alcoholic liquor, transporting See: ALCOHOLIC BEVERAGES Certain provisions saved from repeal Dogs, cats or other animals Leaving in overheated cars, etc. Freight vehicles See: FREIGHT VEHICLES Handbills or other advertising mat- ter Placing in or on motor vehicles Inoperable vehicles on roadway See: TRAFFIC Private garbage and trash haulers See: GARBAGE AND TRASH Taking, using property of another temporarily Taxicabs See: TAXICABS Traffic regulations See: TRAFFIC MOVING BUILDINGS Demolition, removal, or relocation of building See: BUILDING CODE Public ways, through See: STREETS AND SIDE- vVALKS MOVING VANS Freight vehicles See: FREIGHT VEHICLES MULES Animal regulations See: ANIMALS AND FOWL MUNICIPAL AIRPORT. See: AIR- PORTS AND AIRCRAFT MUNICIPAL COURT Bondsmen See: BONDSMEN Costs and fees Charter ordinance No. 18.21 See: CHARTER ORDINANCES Creation Loitering in courtroom Bondsmen Spectator section of courtroom Bondsmen sitting in Supp. No.7 SALINA CODE Section Chap. 16(Notes) 25-6 5-23(1) 1-5 7-46(a) (3) 40-16 et seq. 3-1 38-81 et seq. 34-51 et seq. 25-66 40-46 et seq. 38-1 et seq. 8-351 et seq. 35-61 et seq. 40-16 et seq. 7-1 et seq. 23-16 et seq. 23-1 23-19 23-21 MUNICIPAL EMPLOYEES. See: OF- FICERS AND EMPLOYEES MUNICIPAL PROPERTY. See: PROP- ERTY MUNICIPAL SEAL. See: SEAL MUNICIPAL UTILITIES. See: UTILI- TIES MUNICIPALITIES. See: CITY MUSIC Entertainment in food establishments See: FOOD AND FOOD SERV- ICES MUSIC MACHINES Licenses Contents Fees Required Transferability MUSIC TEACHERS Home occupation regulated See: ZONING N NARCOTICS. See: DRUGS AND MEDICINES NATIONAL ELECTRICAL CODE Adopted See: ELECTRICAL CODE NATIONAL FIRE CODE Adoption See: FIRE PREVENTION CODE NATIONAL ORIGIN, PERSONS OF Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION NATURAL GAS Franchises, Art. II of App. B NOISES Disturbing the peace Loudspeakers and sound trucks Hours of use Lir.ense required . . . . . . . . . . Nuisances enumerated and prohibited Quiet zones, establishment .... See: TRAFFIC Traffic noise created by vehicles See: TRAFFIC 3618 Section 6-76 et seq. 6-143 6-142 6-141 6-144 42-60 8-66 et seq. 14-41 13-1 et seq. 25-82 3-6 3-5 24-2 38-4 38-151 et seq. e e e e e NONPOWDER PROPELLED GUNS Regulations governing ............ See: FIREARMS AND WEAP- ONS NORTH CENTRAL REGIONAL PLANNING COMMISSION Created ........................... See: PLANNING NOTES Certain provisions saved from repeal NOXIOUS FUMES Nuisances enumerated and prohibited NUCLEAR BOMB ATTACK Emergency proclamation .......... Sec: CIVIL EMERGENCIES AND DISASTERS NUISANCES Abatement by city ................ Assessment of city's costs ...... Animal feces, excreta, removal .... Animal nuisance activities prohibited Animals in general. See: ANI- MALS AND FOWL City health ordinances, etc. See: HEALTH AND SANITATION Defined .......................... Fences, walls, hedges, etc. ......... See: FENCES, WALLS, HEDGES AND ENCLOSURES Fireworks ........................ See: FIREWORKS Gambling places declared nuisances See: GAMBLING Housing code requirements ........ See: HOUSING Illustrative enumeration .......... Impounding, removing of nuisance vehicles ...................... See: TRAFFIC Inspections ....................... Mobile home parks . . . . . . . . . . . . . . . . See: MOBILE HOMES AND TRAILERS Notice to abate. . . . . . . . . . . . . . . . . . . . . Hearing ........................ Service ......................... Prohibited ........................ Radio interference . . . . . . . . . . . . . . . . . . Removal of dead trees and limbs . . . . . . . See: TREES AND SHRUBBERY Restrictions on owning animals . . . . . . . See: ANIMALS AND FOWL Sewers and sewage disposal Discharge regulations .. . . . . . . . . . . . Snow and ice on sidewalks . . . . . . . . . . . . Solid waste disposal . . . . . . . . . . . . . . . . . See: GARBAGE AND TRASH Supp. No.6 CODE INDEX Section 25-120 29-36 1-5 24-2 10-39 et seq. 24-8 24-9 7-56 7-46 24-1 8-411 14-58 25-180 18,,1 et seq. 24-2 38-43 24-4 22-19(b) 24.5 24.7 24.6 24.3 25.7 39.5 7.31 41.158 32.251 34-16 et seq. NUMBER Word usage for interpreting code NUMBER GAMES Gambling prohibitions . . . . . . . . . . . . . See: GAMBLING NUMBERING OF BUILDINGS Procedure ........................ See: STREETS AND SIDE- WALKS NURSERY HOMES OR NURSERY SCHOOLS Home occupations regulated See: ZONING NURSES Bullet wounds, knife wounds, etc. Duty to report . . . . . . . . . . . . . . . . . . City-county board of health . . . . . . . . See: HEALTH AND SANITA- TION o OATH, AFFIRMATION, SWEAR OR SWORN Oath, defined .................... OBLIGATIONS OF CITY Certain provisions saved from repeal OBNOXIOUS ODORS AND CONDI- TIONS Nuisances enumerated and prohibited OBSCENITY. See: INDECENCY AND OBSCENITY OBSTRUCTIONS Fire hydrants .................... Resisting or hindering firemen .... Street obstructions in general ... . . . See: STREETS AND SIDE- WALKS Trains blocking streets ............ See: TRAFFIC Water meters.................... OCCASIONAL SALES AND OCCU- PATIONS Temporary uses .................. See: ZONING OCCUPATIONAL LICENSES. See: LICENSE AND PERMITS ODORS Animal yard structures and pens, maintenance .................. 3619 Section 1-2(11) 25-176 et seq. 35-101 et seq. 42-60 25-6 17-16 et seq. 1-2(12) 1-5 24-2 14-2 14-3 35-36 et seq. 38-116 41-37 42-59 7-58 OFFENSES Accidents Duty to notify police, etc. Physicians to report wounds, in- juries ...................... Aiding and abetting Attempts to commit Merger of attempt with completed offenses . . . . . . . . . . . Prohibited, punishment Certain provisions saved from repeal Compounding or concealing Firearms, injuries, knife wounds, etc. Physician or hospital to report Gambling See: GAMBLING Government functions, affecting Hospitals Accident, wounds, etc., reporting Miscellaneous offenses and provi- sions . . . . . . . . . . . . . . . . . See also specific subjects Persons, offenses against ......... Physicians Duty to report wounds, injuries Property, offenses against Public morals, against See: INDECENCY AND OB- SCENITY Public peace, offenses against . . . . . . Public safety, against ............. Radio interference ................ Spitting in public places State law references to misdemean- ors in references to offenses, etc. Terms, construction . . . . . . . . . . Weapons See: FIREARMS AND WEAP- ONS Wounds inflicted by dangerous weap- ons Physicians to report ............ OFFICERS AND EMPLOYEES Administrative departments. . . . . . . . . . See: DEPARTMENTS AND OTHER AGENCIES OF CITY Airport authority. . . . . . . . . . . . . . . . . . . See: AIRPORTS AND AIRCRAFT Appointment, employment, etc. Rules and regulations, establishing . . Arts, director of . . . . . . . . . . . . . . . . . . . . Assaulting an officer. . . . . . . . . . . . . . . . Board of commissioners . . . . . . . . . . . . . . See: BOARD OF COMMISSIONERS Boards. See: BOARDS, COMMITIEES AND COMMISSIONS Bonds Amount of bonds Supp. No.6 SALINA CODE Section 25-6 25-6 25-2 25-4 25-3 1-5 25-22 25-6 25-176 et seq. 25-21 et seq. 25-6 25-1 et seq. 25-41 et seq. 25-6 25-56 et seq. 25-136 et seq. 25-81 et seq. 25-101 et seq. 25-7 25-5 25-1 25-1 25-116 et seq. 25-6 2-96 et seq. 4-16 et seq. 2-52 2-165 25-21 2-21 et seq. 2-63 OFFICERS AND EMPLOYEES- Cont'd. Approval of bonds .............. Bond premiums, city to pay Bonds to be conditioned as speci- fied ....................... Bonds to be kept in force ........ Effect of provisions on existing bonds . . . . . . . . . . Filing ........... . . . . . . . . Required before taking office Special conditions . . . . . . . . Type of bonds ...... Certain provisions saved from repeal Charter ordinances City commission. See: BOARD OF COMMISSIONERS City manager Adoption of city manager plan of government Civil emergencies and disasters .... See: CIVIL EMERGENCIES AND DISASTERS Classified service created .......... Code references to specific officers, departments, boards, etc. Rules of construction for interpret- ing code . . . . . . . . . . . . . . . . . . . . Compensation, salaries, classifica- tion, etc. Certain provisions saved from re- peal . . . . . . . . . . . . . . . . . Compensation of boards, etc. See specific boards, commissions, etc., as indexed Library board members ......... Requirements pertaining to a par- ticular officer. See that officer as indexed Rules and regulations adopted ... Creating positions or officers Certain provisions saved from re- peal .. Delegation of authority construed .. Departments. See: DEPARTMENTS AND OTHER AGENCIES OF CITY Director of finance. See: FINANCES Director of utilities. See: UTILITIES Elections See: ELECTIONS Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION Firemen, hindering or obstructing See: FIRE DEPARTMENT 3620 Section 2-64 2-66 2-62 2-65 2-67 2-64 2-61 2-63 2-64 1-5 App. A 2-36 10-16 et seq. 2-51 1-2 1-5 19-29 2-52 1-5 1-2(6) 12-1 et seq. 13-1 et seq. 14-3 e e e - e OFFICERS AND EMPLOYEES- Cont'd. Firemen's relief association ....... See: FIREMEN'S RELIEF ASSO- CIATION Health officer, defined See: HEALTH AND SANITA- TION Holding city office Limitation on library board mem- bers ....................... Holidays ......................... Impersonating an officer ......... Indemnification and liability See: INDEMNIFICATION Joint authority construed '" Library board treasurer See: LIBRARY BOARD Manager. See: CITY MANAGER Municipal court. . . . . . . . . . . . See: MUNICIPAL COURT Public records, inspection and copying . . . See: PUBLIC RECORDS Resisting an officer Rules and regulations governing Special fund for utility costs and benefits Charter ordinance Nos. 16, 17 See: CHARTER ORDINANCES Succession Civil emergency, certain provisions re ........... See: CIVIL EMERGENCIES AND DISASTERS OFF-STREET LOADING Temporary uses ......... See: ZONING OFF-STREET PARKING Temporary uses See: ZONING OIL AND GAS (Mining, Drilling, Boring, Etc.) Conveyance of oil out of city Fencing of excavations and slush ponds ..... . . . . . . . . Fencing of storage facilities ...... Fire prevention code .............. See: FIRE PREVENTION CODE Landowner's rights ............... Permits Applicant must have right to drill Applications ................... Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . Denial ......................... Deposits ....................... Drilling other than specified loca- tion prohibited . . . . . . . . . . .. . . Supp. No.2 Section 14-17 et seq. 17-2 19-25 1-14 25-27 2-76 et seq. 1-2(9) 19-36 et seq. 23-1 et seq. 2-170 et seq. 25-28 2-52 10-21 42-59 42-59 26-3 26-3 26-4 14-1 et seq. 26-1 26-23 26-17 26-18 26-21 26-18 26-22 CODE INDEX OIL AND GAS-Cont'd. Duration ....................... Issuance ....................... Liability insurance .............. Location to be specified in permit Required . . . . . . . . . . . . . Revocation . . . . . . . . Termination .................... Removal of equipment .......... Temporary storage of oil OIL, GREASE, ETC. Drainage into sewers, rivers, etc. .. OLD GOLD AND SILVER Precious metals dealers, etc. See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. OPEN FIRES Unlawful, when OPERA HOUSES Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT OR, AND Terms construed ... ORDER TAKERS Peddlers, licensing of ............. See: PEDDLERS, CANVASSERS AND SOLICITORS ORDINANCES. See: CODE OF ORDI- NANCES ORGANIZATION Person construed re ......... OUTDOOR ADVERTISING. See also: SIGN CODE Zoning requirements for signs. See: ZONING OUTDOOR FIRES Open fires ....................... OUTDOOR PRIVIES Nuisances enumerated and pro- hibited ...................... Obscene writings, pictures on struc- tures ........................ OUTDOOR STORAGE OF EQUIP- MENT, ETC. Home occupations regulated See: ZONING OVERGROWTH Nuisances enumerated and prohibited OWNER Defined .......................... 3621 Section 26-24 26-20 26-19 26-22 26-16 26-26 26-25 26-2 26-3 41-73 33-16 et seq. 14-77 6-1 1-2(14) 28-1 et seq. 1-2(16) 14-77 24-2 25-166 42-60 24-2 1-2(15) P PAINTING Sign code See: SIGN CODE PALMISTS Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT PAPER Obscene literature See: INDECENCY AND OB- SCENITY PAPER JUNK DEALERS J unky.ards, etc. See: JUNK AND JUNK DEAL- ERS PARADES AND PROCESSIONS Traffic regulations See: TRAFFIC PARKING Certain provisions saved from repeal Generally See: TRAFFIC Temporary uses Zoning requirements for off-street parking See: ZONING PARKS AND RECREATION Animals prohibited in parks Subdivision regulations See: SUBDIVISIONS Sunset Park closing hours PART OWNER Owner defined re PARTNERSHIP Person defined re PATROL SERVICE Merchant or private policemen ..' See: MERCHANT OR PRIVATE POLICEMEN PAVING Driveway and sidewalk construction Excavations in streets . . . . . . . . . . . . . Service pipes and sewers ahead of paving ...................... See: STREETS AND SIDE- WALKS Supp. No.2 SALINA CODE Section 8-381 et seq. 6-1 25-162 et seq. 33-36 et seq. 38-101 et seq. 1-5 38-41 et seq. 42-59 42-551 et seq. 27-17 36-1 et seq. 27-16 1-2(15) 1-2(16) 30-16 et seq. 35-121 et seq. 35-201 et seq. 35-176 et seq. PAWNBROKERS, SECONDHAND DEALERS, ETC. (Precious Met- als, Diamonds, Jewelry, Etc.) Children, purchases from ......... Inspections Merchandise Records Licenses Charter ordinance Nos. 11, 12, 19 See: CHARTER ORDINANCES Forfeiture . . . . . . . . . .. . . . . . . . . . . . . Merchandise Availability for inspection ....... Three day display before sale .... Minors, dealing with ............. Records and reports Availability of records for inspec- tion . . . . . .. . . .. Police reports, etc. .. . . Stolen property, purchasing . . . . See also: THEFT . . . . . . . . . . . . . . . . . '-.' ~ PEDDLERS, CANVASSERS AND SO- LICITORS Invitation required to enter residen- tial premises ................. Licenses Exemptions for producers, growers Fees .......... . .... Required . . . . . . . . . Sales from vehicles on streets . . . . . . Veterans' license exemption .. . . . . . . PEDESTRIANS Sidewalk construction Sidewalk defined re Sidewalks in general. See: STREETS AND SIDEWALKS Traffic in general. See: TRAF- FIC PEEPING TOMS Persons peeping in windows of an- other . . . . . . . . . . . . . . . . . . . . PENALTIES. See: FINES, FORFEIT- URES AND PENALTIES PENDING PROCEEDINGS Repeal of ordinances, effect PENSIONS Firemen's relief association ....... See: FIREMEN'S RELIEF ASSO- CIA TION PERFORMANCE BONDS Subdivision regulations ........... See: SUBDIVISIONS 3622 Section 33-19 33-18 33-17 33-21 33-18 33-22 33-19 33-17 33-16 33-20 28-2 20-21 28-1(b) 28-1 28-3 20-22 35-121 et seq. 1-2(21) 25-136 1-7 14-17 et seq. 36-1 et seq. e e e e e PERIODICALS Obscene literature .......... See: INDECENCY AND OB- SCENITY PERMITS. See: LICENSES AND PERMITS PERSON Defined PERSONAL PROPERTY Defined . . . . . . . . Property in general. See: PROP- ERTY PERSONNEL Municipal employees. See: OFFI- CERS AND EMPLOYEES PEST CONTROL Animal nuisances . . . . . . . . . . . . Garbage storage to be inaccessible to vermin .................... Housing code requirements ........ See: HOUSING Nuisances enumerated and prohibited Tree trimmers and treaters See: TREES AND SHRUBBERY Vehicles breeding flies, mosquitoes, rats, etc. Inoperable vehicles on roadway See: TRAFFIC PETROLEUM PIPE LINES Service pipes, etc., ahead of paving See: STREETS AND SIDE- WALKS PETROLEUM PRODUCTS Fire prevention code See: FIRE PREVENTION CODE Liquefied petroleum gases .. See: FIRE PREVENTION CODE Oil and gas drilling, etc. .......... See: OIL AND GAS PET SHOPS Commercial animal establishment, defined ...................... PHONOGRAPHS Loudspeakers and sound trucks See: ADVERTISING PHOTOGRAPHERS Home occupations regulated See: ZONING Peddlers, licensing of ............. See: PEDDLERS, CANVASSERS AND SOLICITORS Supp. No.7 CODE INDEX Section 25-162 et seq. 1-2(16) 1-2(17) 7-31 34-25 18-1 et seq. 24-2 39-21 et seq. 38-81 et seq. 35-176 at seq. 14-1 et seq. 14-66 et seq. 26-1 et seq. 7-1(7) 3-5 et seq. 42-60 28-1 et seq. PHRENOLOGISTS Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT PHYSICALLY HANDICAPPED PER- SONS Equal opportunity, affirmative ac- tion policy . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION Impersonating PHYSICIANS City-county board of health See: HEALTH AND SANITA- TION Home occupations regulated See: ZONING Physicians to report wounds, etc. PIANOS, PIANO LAS, ETC. Music machines See: MUSIC MACHINES PICTURE SALESMEN Peddlers, licensing of . . . . . . . . See: PEDDLERS, CANVASSERS AND SOLICITORS PIGEONS Animal housing locations ......... Responsibility of persons owning ani- mals ............... Section 6-1 13-1 et seq. 38-25 17-16etseq. 42-60 25-6 6-131 et seq. 28-1 et seq. 7-33 7-46 et seq. PIGS Animal regulations ........... . See: ANIMALS AND FOWL PINBALL MACHINES Arcades . . . . . . . . . . . . . . . . . . . . 6-106 et seq. See: ARCADES 7-1 etseq. PIPE LINES Service pipes, etc., ahead of paving. 35-176 et seq. See: STREETS AND SIDE- WALKS Tampering with gas meters, pipes, etc. . . . . . . . . . . . . . . . . . . . . 31-1. See: UTILITIES PISTOLS Nonpowder propelled guns ........ 25-120 Weapons in general. See: FIRE- ARMS AND WEAPONS PIZZA HOUSES, SIMILAR PLACES Food service provisions reserved ... Chap. 16(Notes) 3623 PLACES OF AMUSEMENT. See: AMUSEMENTS AND ENTER- TAINMENT PLAN OF GOVERNMENT City manager plan of government, adoption PLANNED DEVELOPMENT DIS- TRICTS Requirements See: ZONING PLANNING (See also: ZONING) Amendments, fees Annexation fees Appeals, fees Application fees City planning commission Application fees Appointment Compensation . Composition Created Powers and duties Residence requirement Terms of office Vacancies, filling Zoning amendments, duties See: ZONING Driveway and sidewalk construction See: STREETS AND SIDE- WALKS Excavation plans and specifications North ce.ntral regional planning com- mission Compensation Created Functions, powers and duties Meetings Membership Rules and regulations Separability Subdivision regulations See: SUBDIVISIONS Trees and shrubbery, regulation of See: TREES AND SHRUBBERY Variances, fees Zoning ordinance text amendment Fees PLANTS AND P ARKINGS Rights of property owners See: TREES AND SHRUBBERY PLA TINUM Precious metals dealers, etc. See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. PLA TS. See: SURVEYS, MAPS AND PLATS Supp. No.7 SAUNA CODE Section 2-36 42-401 et seq. 29-1 29-1 29-1 29-1 29-22 29-17 29-20 29-17 29-16 29-21 29-17 29-18 29-19 42-25 35-121 et seq. 35-215 29-38 29-36 29-40 29-39 29-37 29-41 29-42 36-1' et seq. 39-1 et seq. 29-1 29-1 39-2 33-16 et seq. PLEAS. See: SUITS AND PLEAS PLUMBERS Apprentice plumber, defined Bond and insurance . . . . . . . . Extension re gas fitters Certificate of qualification Applications Fee to accompany Bond requirement Misuse of Prerequisites to apply for ....... . . . . Registration Renewal Procedure, fee Transfer of Certificate of registration Expiration, renewal Certification Required; exceptions Definitions . - . . . . . . Employing plumber or plumbing con- tractor Defined Gas fitters See: GAS FITTERS Insurance required Extension of requirement re gas fitters . . . . . . . . Journeyman plumber Defined Licenses Expiration, renewal Gas fitters, extension of plumbing license re Registration prerequisite to doing work .......... Renewal Deadline Procedure, fees Master plumber, defined 3624 Section 8-201 8-218 8-269 8-208 8-218 8-217 8.209.1 8-213 8-215 8-217 8-214 8-202 8-201 8-201 (2) 8-256 et seq. 8-219 8-269 8-201 (3) 8-214 8-269 8-213 8-216 8-215 8-201(4) e e e - e PLUMBERS-Cont'd. Master plumber in the employ of a plumb- ing contractor required . . . . . . . . . . . Registration Certificates. See herein: Certifi- cate of Registration License renewal. See herein: Li- censes PLUMBING CODE Administrative authority, defined Back water valves ................ Brass tubular traps ............... Certificate of qualification Board of examiners, duties ..... Fees........................ . Gas fitters examination required Issuance .................. Commercial dishwashing machine Code amendment relative to . Drainage below curb . . . . . . . . . . Examinations Certificate of qualification. See' herein that subject Exemptions Forfeiture of fee for failure to ap-. pear . .. .. .. .. . Gas fitters' examination Floor drains ... Gas fitters Examination of . . . . . . . . Housing code requirements See: HOUSING Inspections Exceptions to requirements of uni- form plumbing code . . . . . Main sewer level Drainage below ............ Mobile home regulations ...... See: MOBILE HOMES AND TRAILERS Other technical codes. See: TECH- NICAL CODES Potable water piping Size of ........................ Sandblasting ..................... See: SANDBLASTING Sanitary tap fee .................. Slip joints Trap installation Swimming pools, private Compliance with plumbing code . . . . . . Uniform Plumbing code ABS and PVC installation, amend- ment re .................... Administrative authority defined . Adopted . . . . . . . . . . . . . . . . . . . . . . . . Amendment re PVC inltallation, etc. ........................ Supp. No. 3 CODE INDEX Section 8-217.1 8-1'17 8-188 8-187 8-207 8-211 8-209 8-211 8-180 8-190 8-212 8-210 8-209 8-185 8-209 18-1 et seq. 8-181 8-190 22-18 8-184 8-476 et seq. 8-186 8-187 8-465 8-182, 8-188 8-177 8-178 8-182 PLUMBING CODE-Cont'd. Commercial dishwashing machine Amendment of section pertain- ing to . .. .. . .. .. .. .. .. .. .. Exceptions to requirements ... .. Permits and violations Amendment pertaining to . . . . . . . . . Water services provisions Exceptions to . . . . . . . . . . . . . . . . . . . Valves and fittings. . . . . . . . . . . . . Back water valves ............ Water and sewers ............. .. See : WATER AND SEWERS Water system property Damaging, tampering with PLUMBING CONTRACTORS Bond requirement ................ Exemption from new contractor feel POISON Exposing poison to animals POKER Gambling prohibitions ........... See: GAMBLING POLES AND WIRES Building moving operations See: BUILDING CODE. See also: STREETS AND SIDEWALKS Electrical code adopted ... . . . . . . . . . See: ELECTRICAL CODE Excavations in streets ........ See: STREETS AND SIDE- WALKS Painting of poles . . . . . . . . Poles prohibited in certain places Posting on utility poles ........... Public utilities in general ......... Trees and shrubbery, regulation of . . See: TREES AND SHRUBBERY Underground wires required where poles prohibited .............. Wires in streets prohibited ........ See: STREETS AND SIDE- WALKS POLICE DEPARTMENT Animals, administrative duties .... Assaulting an officer ............. Bail bondsmen, certain restrictions . . See: BONDSMEN Contributions by officers and mem- bers to retirement system Charter ordinance No.6 See: CHARTER ORDINANCES Escape .......................... See: PRISONS AND PRISONERS False calls and reports ........... Impersonating officerl, etc. ....... 8621 Section 8-180 8-181 8-178 8.183.1 8-189 8-188 41-1 et seq. 2&-&9 8-218 8-297 7-75 25-176 et seq. 35-63 et leq. 8-66 et seq. 35-201 et seq. 81-7 81-8 3-3 31-1 et leq. 39-1 et leq. 31-9 85-41 et seq. 7-17 2&-21 23-17 et seq. 2&-28 et Hq. 2&-26 2&-Z'l POLICE DEPARTMENT-Cont'd. Merchant or private policemen ..... See: MERCHANT OR PRIVATE POLICEMEN Resisting an officer .............. Retirement pay to certain members Charter ordinance Nos. 5, 15 See: CHARTER ORDINANCES POLICE POWERS Extended over airport ............ Extended to city property ......... Extended to flood control s)'Stem .. POLICEMEN'S AND FIRE:MEN'S PENSION FUNDS Investment of money Charter ordinance No.7 See: CHARTER ORDINANCES POLLUTION Fluoridating water supply system .. See: WATER AND SEWERS Nuisances enumerated and prohibited Oil, grease, etc., draining into sew- ers, rivers, etc. . . . . . . . . . . . . . . . . Sewers and sewage disposal . . . . . . . . . . . See: WATER AND SEWERS PONIES An~mal regulations ............... See: ANIMALS AND FOWL PONY RIDES, ETC. Circus and tent show requirements . See: CARNIVALS, CIRCUSES AND TENT SHOWS POOL CAB SERVICE Requirements . . . . . . . . . . . . . . . . . See: TAXICABS. POOL TABLES. See: BILLIARDS AND POOL TABLES PORCH AND YARD SALES Temporary uses.................. See: ZONING POST CARDS Obscene literature ................ See: INDECENCY AND OB- SCENITY POWER AND LIGHT COMPANY Frallchiles, Arts I and II of App. B POWER LINES AND WIRES. See: POLES AND WIRES PRECEDING, FOLLOWING Terms construed ................... Supp. No. 3 SALINA CODE Section 80-16 et seq. 25-28 4-1 1-12 15-1 41-42 24-2 41-73 41-71 et seq. 7-1eheq. 6-16 et seq. 40-71 et seq. 42-59 25-162 et seq. 1-2(18) PRECINCTS City divided into ................. See: ELECTIONS PRECIOUS METALS Dealers .......................... See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. PREJUDICE, DISCRIMINATION, ETC. E~alopportuni~ ~muUft ~ uon policy ................... See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION PRIESTS Home occupations regulated See: ZONING PRINTING Wriung, etc., construed re ........ PRISONS AND PRISONERS Escape Aiding ......................... Defined ........................ Prohibited ..................... General penalty, continuing violation, etc. .......................... PRIVATE POLICEMEN. See: MER- CHANT OR PRIVATE POLICE- MEN PRIVATE SCHOOLS Loitering or trespassing on grounds of ........................... PRIVIES Housing code requirements . . . . . . . . . . . See: HOUSING Nuisances enumerated and prohibited Obscene writinp, pictures on struc- tures ...................... .. Use of public sanitary sewers required . . . PRIVILEGES Certain provisions saved from repeal PRIZES Offering animals as prizes or busi- ness inducements ............. PROCESSIONS Parades and processions .......... See: TRAFFIC PRODUCE PEDDLERS Peddlers, licensing of ............. See: PEDDLERS, CANVASSERS AND SOLICITORS 3626 Section 12-2 88-16 et seq. 18-1 et ~. 42-60 1-2(21) 25-25 25-28 25-24 1-10 21-86 18-75 et seq. 24-2 21)-166 41-113 1-5 7-78 88-101 et Hq. 18-1eteeq. e e e - e PROFANITY Poolroom, in PROFESSIONAL OFFICES Home occupations regulated See: ZONING PROFESSIONS Occupational licenses. See: LI- CENSES AND PERMITS PROMOTIONAL ACTIVITIES OF RETAIL MERCHANTS Temporary uses . . . . . . . . . . . . . . See: ZONING PROPANE GAS Liquefied petroleum gases See: FIRE PREVENTION CODE PROPERTY Acquisition or disposition of real property by library board ..... Condemnation, acquisition, dedica- tion, etc. Certain provisions saved from re- peal....................... Confidence schemes, etc. Obtaining property by false pre- tenses ..................... Criminal trespass ........... Desecration of property. See: VAN- DALISM Embezzlement .................... Encroachments on streets .... See; STREETS AND SIDE- WALKS False pretenses Obtaining property by Flood protection works . . . . . . . . . . . . See: FLOOD PREVENTION AND CONTROL Fruit Entering enclosure, carrying away General definition for interpreting code ... . ........ Library pro{>erty, damaging ....... See: LIBRARY Littering ......................... Malicious mischief ..... .......... See also: VANDALISM Personal property Defined ........................ Planning ....................... " See: PLANNING J?olice power extended to city prop- erty......................... Public or private property Advertising matter, posting. . . . . . Real property, defined ............ Shoplifting ....................... Supp. No.5 CODE INDEX Section 6-157 42-60 42-59 14-66 et seq. 19-31 1-5 25-62 25-56 25-61 35-36 et seq. 25-62 15-16 et seq. 25-63 1-2(19) 19-4 25-57 25-58 1-2(17) 29-1 et seq. 1-12 3-3 1-2(20) 25-64 PROPERTY -Cont'd. Stolen property, receiving ......... Subdivision regulations ........... See: SUBDIVISIONS Taking, using property of another temporarily .................. Theft . . . . . . . . . . . . . . Water system property, hydrants, etc. Damaging, tampering with ...... PROSECUTIONS Compounding or concealing offense Effect of repeal of ordinances ..... PROSTITUTION Morals offenses in general. See: IN- DECENCY AND OBSCENITY Taxicabs, improper use ............ PUBLIC ACCOMMODATIONS Equal opportunity, affirmative ac- tion policy ................... See: EQUAL OPPORTUNITY AND AFFIRM A TIVE AC- TION PUBLIC ASSEMBLIES. See: ASSEM- BLIES PUBLIC EMPLOYEES. See: OFFI- CERS AND EMPLOYEES PUBLIC HEALTH. See: HEALTH AND SANITATION PUBLIC HEARINGS Board hearing, etc. See specific boards, committees, officers, etc. Zoning amendments ......... See: ZONING PUBLIC INDECENCY. See: INDE- CENCY AND OBSCENITY PUBLIC INTOXICATION Generally . . . . . . . . . . . . . . . . . . . . . . . Alcoholic beverage regulations. See: ALCOHOLIC BEVER- AGES PUBLIC NUISANCES. See: NUI- SANCES PUBLIC PLACES Curfew for minors ................ See: MINORS Minors, parental responsibility for actions . . . . . . . . . . . . . . . PUBLIC RECORDS Altering or tampering with code. . . 3627 Section 25-65 36-1 et seq. 25-66 25-60 25-59 25-22 1-7 40-69 13-1 et seq. 42-24 25-83 21-16 et seq. 21-17 . 1-9 PUBLIC RECORDS-Cont'd. Beer license application Board journal to show action Copying of open public records Procedures regarding both inspection and copying ...................... Procedures regarding copies . . . . . . . . . Inspection of open public records Procedures regarding both inspection and copying . . . . . . . . . . . . . . . . . . . . . . Procedures regarding inspection . . . . . Rules and regulations governing ap- pointment, employment, etc. Open to inspection, when ........ Seal of city described ............. PUBLIC SCHOOLS. See: SCHOOLS PUBLIC STREETS Streets defined re .. ............. Public ways in general. See: STREETS AND SIDEWALKS PUBLIC UTILITIES. See: UTILITIES PUBLIC WORKS AND IMPROVE- MENTS Certain provisions saved from repeal Driveway and sidewalk construction See: STREETS AND SIDE- WALKS Excavations in streets See: STREETS AND SIDE- WALKS General improvements Charter ordinance No. 13 See: CHARTER ORDINANCES Salina Business Improvement District De- sign Review Board . . . . . . . . . . . . . . . See: SALINA BUSINESS IMPROVE- MENT DISTRICT DESIGN RE- VIEW BOARD Service pipes and sewers ahead of paving . . . . . . . . . . . . . See: STREETS AND SIDE- WALKS Subdivisions regulations See: SUBDIVISIONS PUBLICATIONS Obscene literature See: INDECENCY AND OB- SCENITY PUERTO RICAN AMERICANS Equal opportunity, affirmative ac- tion policy ............. See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION Supp. No.5 SALINA CODE Section 6-97 2-170 2-172 2-170 2.171 2-62 2-1 1-2(23) 1-5 35-121 et seq. 36-201 et seq. 2-200 et seq. 35-176 et seq. 36-1 et seq. 26-162 et seq. 13-1 et seq. PUNCHBOARDS Prohibited, seizure See: GAMBLING PURCHASING Bonds and insurance of contractors, licensees, etc. ................ Certain provisions saved from repeal PYROTECHNICS Fireworks display ................ See: FIREWORKS Q QUIET ZONES Establishment QUITTING BUSINESS SALES Going-out-of-business sales ....... See: GOING-OUT-OF-BUSINESS SALES R RABBIS Home occupations regulated See: ZONING RABBIT HUTCH Animal housing locations RABIES Animal regulations . . . . . . . . . . See: ANIMALS AND FOWL RACE RELATIONS Equal opportunity, affirmative ac- tion policy ................... See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION RADIOS Loudspeakers and sound trucks See: ADVERTISING Radio interference ................ RAILROAD CROSSINGS Construction . See: STREETS AND SIDE- WALKS Moving building across ..... Building moving in general. See: BUILDING CODE. See also: STREETS AND SIDEWALKS Traffic regulations . . . . . . . . . . . . . . . . See: TRAFFIC RAIN STORMS Flood protection works ........... See: FLOOD PREVENTION AND CONTROL 8628 Section 26-183 et seq. 2-3 1-6 14-64 38-4 32-16 et seq. 42-60 7-33 7-1 et &eq. 13-1 et seq. 3-6 et seq. 26-7 36-231 et seq. 36-71 38-116 et seq. 16-16 et seq. e e e - e RAMPS OR RUNWAYS Places prohibited ...... RANK GROWTH Nuisances enumerated and prohibited RA TS AND RODENTS Animal nuisances . . . . . . . . . . . . . . Garbage storage to be inaccessible to vermin . . . . . . . . . . . . . . . . . . . . . . . Housing code requirements .. See: HOUSING Nuisances enumerated and prohibited Proper maintenance of animal yards, etc. .......................... RAZING STRUCTURES Authority to remove structures to check fire ..... . . . . . . . . . . REAL ESTATE AGENTS Home occupations regulated See: ZONING REAL ESTATE OFFICES Temporary uses See: ZONING REAL ESTATE SALESMEN, ETC. Equal opportunity, affirmative ac- tion policy ........ See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION REAL PROPERTY. See: PROPERTY RECORDS. See: PUBLIC RECORDS RECREATION. See: PARKS AND RECREA TION RECREATIONAL VEHICLES Defined . . . . . . . . . . . . . . . . . . See: MOBILE HOMES AND TRAILERS REFRIGERA TORS Abandoned iceboxes, etc., accessible to children REFUSE Solid waste disposal See: GARBAGE AND TRASH REGIONAL PLANNING COMMIS- SION Created ........... See: PLANNING REGISTRATION Cats and dogs .................. See: ANIMALS AND FOWL Supp. No. Ii CODE INDEX Section 35-1 24-2 7-31 34-25 18-1 et seq. 24-2 7-58 14-5 42-60 42-59 13-1 et seq. 22-1(7) 25-101 34-16 et seq. 29-36 et seq. 7-91 et seq. REGISTRATION -Cont'd. Plumbers, gas fitters, etc. See: PLUMBERS RELIGION Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION RENTAL AGENCIES Equal opportunity, affirmative ac- tion program See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION RENTAL TABLE GAMES Arcades See: ARCADES RENTALS Home occupations regulated See: ZONING REPAIR SERVICE Home occupations regulated See: ZONING REPEAL OF ORDINANCES Certain provisions saved from repeal Effect ............. General provisions for code and interpretation. See: CODE OF ORDINANCES RESIDENCES Library members . . . . . . . . . . . . . . Mobile homes. See: MOBILE HOMES Alii!' l'HAILERS Proximity of dance halls to .. . . . . Trees and shrubbery, regulation of See: TREES AND SHRUBBERY RESIDENTIAL UNITS Housing code requirements See: HOUSING RESOLUTIONS Board of commissioners to determine fees, etc., by . . . . . . . . . . . Certain provisions saved from repeal RESTAURANTS Entertainment in food establishments See: FOOD AND FOOD HANDLERS Equal opportunity, affirmative ac- tion policy See: EQUAL OPPORTUNITY AND AFFIRMA TIVE AC- TION 3629 Section 13-1 et seq. 13-1 et seq. 6-106 et seq. 42-60 42-60 1-5 1-7 19-26 6-47 39-1 et seq. 18-1 et seq. 2-2 1-5 6-76 et seq. 13-1 et seq. SALINA CODE ROLLER SKATING RINKS Section Licensing of amusements, generally 6-1 See: AMUSEMENTS AND EN- TERTAINMENT ROULETTE Gambling prohibitions 25-176 et seq. See: GAMBLING Section 16.11 et seq. REST A URANTS-Cont'd. Food and food handlers, establishments. . See: FOOD AND FOOD HANDLERS Food service provisions reserved ... Chap. 16(Notes) Home occupations regulated 42-60 See: ZONING Private clubs (alcoholic beverages) See: ALCOHOLIC BEVERAGES Temporary uses See: ZONING Transient guest tax See: TRANSIENT GUEST TAX 5-116 et seq. 42-59 RUBBER GUNS Nonpowder propelled guns 25-120 See: FIREARMS AND WEAP- ONS 37-16 et seq. REST ROOMS Obscene writings, pictures on struc- tures RUBBISH FIRES Open fires ........ 14-77 25-166 RETIREMENTS Firemen's relief association See: FIREMEN'S RELIEF ASSO- CIATION REVENUE OF CITY. See: FI- NANCES REWARDS Offering animals as prizes or busi- ness inducements RUMMAGE SALES Temporary uses . See: ZONING 14-17 et seq. 42-59 s SAFETY CODE National electrical safety code adopted . . . . . . . . . . . . See: ELECTRICAL CODE SALES Auctions of new goods ..... Going-out-of-business sales See: GOING-OUT-OF-BUSINESS SALES SALESMEN'S OFFICES Home occupations regulated See: ZONING 8-67 7-73 RIDING STABLES Commercial animal defined establishment, 32-1 32-16 et seq. 7-1(7) RIGHT-OF-WAY Nuisances enumerated and prohibited 24-2 RIGHTS Certain provisions saved from repeal 42-60 1-5 RINKS, SKATING Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT 6-1 SALES REPRESENTATIVES Home occupations regulated ...... See: ZONING 42-60 RIOTS Emergency proclamation See: CIVIL EMERGENCIES AND DISASTERS Unlawful assemblies .. SALINA BICENTENNIAL CENTER Alcoholic liquor, consumption in ... Rules and regulations. . . . . . . . . . . . . . . 10-39 et seq. 5-25 2-180 25-85 SALINA BUSINESS IMPROVEMENT DIS- TRICT DESIGN REVIEW BOARD Appeal .... . . . . . . . . . . . . . . . . . . . . . . . . Decision ... . . . . . . . . . . . . . . . . . . . . . . Hearing and notice . . . . . . . . . . . . . . . . Appointment and term . . . . . . . . . . . . . . . Authorization and findings. . . . . . . . . . . . Certificate of compatibility. . . . . . . . . . . . Compensation ...... . . . . . . . . . . . . . . . . Created ........................... Membership ....................... RIVERS Oil, grease, etc., draining into 2-210 2-212 2-211 2-202 2-208 2-207 2-203 2-200 2-201 41-73 ROADS Street defined re Public ways in general. See: STREETS AND SIDEWALKS RODENT CONTROL. See: RATS AND RODENTS 1-2(23) Supp. No.5 3630 e e e - e SALINA BUSINESS IMPROVEMENT DIS- TRICT DESIGN REVIEW BOARD- Cont'd. Officers ........................... Public hearing . . . . . . . . . . . . . . . . . . . . . . Purpose ........................... Quorum .... . . . . . . . . . . . . . . . . . . . SALINA, CITY. See: CITY SALINA COMMUNITY THEATRE. See: THEATRES SALINE COUNTY. See: COUNTY SALOONS AND BARS Alcoholic beverage regulations See: ALCOHOLIC BEVERAGES Entertainment in food establishments See: FOOD AND FOOD SERV- ICES Open saloons prohibited SALT Pavement, pouring or placing on SANDBLASTING Building official Authority to stop work Definitions Dry sandblasting Defined Precautions Permits Applications Defined Fees Issuance Required Precautions required Wet sandblasting Defined Precautions SANITARY SEWERS Mobile home park distribution sys- tems, etc. SANITATION. See: HEALTH AND SANITATION SCHOOL DISTRICTS Precincts outside of city, etc. See: ELECTIONS SCHOOLS Loitering or trespassing on grounds Obedience to school crossing guards Traffic in general. See: TRAFFIC SCULPTORS Home occupations regulated See: ZONING Supp. No.7 Section 2-204 2-209 2-206 2-205 5-16 et seq. 6-76 et seq. 5-26 35-2 8-478 8-476 8-476(1) 8-477 (b) 8-487 8-476(2) 8-488 8-489 8-486 4-477 8-476( 4) 8-477 (a) 22-23 12-3 25-86 38-26 42-60 CODE INDEX SEAL Seal of city described SEAMSTRESS Home occupations regulated See: ZONING SECONDHAND DEALERS Junk and junk dealers See: JUNK AND JUNK DEAL- ERS Pawnbrokers, secondhand dealers, etc. Precious metal dealers See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. Temporary uses See: ZONING SECURITY GUARDS Merchant or private policemen See: MERCHANT OR PRIVATE POLICEMEN SEEING-EYE DOGS Animals in public buildings SENIOR CITIZENS Equal opportunity, affirmative ac- tion policy . . . . . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION SETBACK LINES Fence construction See: FENCES, WALLS, HEDGES AND ENCLOSURES Subdivision regulations See: SUBDIVISIONS Zoning, bulk requirements ...... . See: ZONING SEVERABILITY Invalid parts of code SEWERS. See: WATER AND SEWERS SEX RELATIONS Equal opportunity, affirmative ac- tion policy . . . . . . . . . . . . See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION SHEEP Animal regulations . . . . . . . . . See: ANIMALS AND FOWL SHELTERS Animal shelter, defined . . . . . . . . . . . Animal regulations. See: ANI- MALS AND FOWL 3631 Section 2-1 42-60 33-36 et seq. 33-16 et seq. 33-16 et seq. 42-59 30-16 et seq. 7-55 13-1 et seq. 8-401 et seq. 36-1 et seq. 42-76 et seq. 1-11 13-1 et seq. 7-1 et seq. 7-1(3) SHOPLIFTING Committing ""...,.......,.... Theft in general. See: THEFT SHOPPING CENTERS Planned development districts, etc. Zoning, other district require- ments, etc. See: ZONING SIGN CODE Bond and insurance for sign busi- ness ' . . , . . . . .... Person advertising their own busi- nesses ' , , . , , . . , , License for sign business Bond and insurance Other technical codes. See: TECH- NICAL CODES Permits required Sandblasting See: SANDBLASTING Uniform sign code, adopted Zoning requirements for signs See: ZONING SILVER AND GOLD Precious metals dealers, etc. See: PAWNBROKERS, SECOND- HAND DEALERS, ETC. SINGING AND DANCING ACTS Carnival shows . . , . . . . . . . , . . . . . , . . . . See: CARNIVALS, CIRCUSES AND TENT SHOWS Supp. No.7 SALINA CODE Section 25-64 42-401 et seq. 3-1 et seq. 6-16 et seq. 6-106 et seq. 6-1 8-384 8-385 8-383 8-384 8-382 8-476 et seq. 8-381 42-501 et seq. 33-16 et seq. 6-16 et seq. SKA TIN G RINKS Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT SKILL GAMES Gambling prohibitions See: GAMBLING Section 6-1 SHOW BILLS, BOOKLETS, ETC. Advertising matter, distributing See: ADVERTISING SHOWS Carnival shows See: CARNIVALS, CIRCUSES AND TENT SHOWS SHRUBBERY. See: TREES AND SHRUBBERY SHUFFLEBOARD Arcades See: ARCADES Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT SIDEW ALKS. See: STREETS AND SIDEWALKS SIGNALING DEVICES AND HORNS Motor vehicles sounding 38-155 et seq. See: TRAFFIC 25-176 et seq. SLINGS, SLINGSHOTS, SIMILAR DEVICES Nonpowder propelled guns, . . , . , . . . 25-120 See: FIREARMS AND WEAP- ONS SLOT MACHINES Prohibited, seizure 25-183 et seq. See: GAMBLING SLUGS Depositing in parking meters 38-67 SLUM AREAS Housing code requirements 18-1 et seq. See: HOUSING SMOKE DETECTORS Generally . , . . . . . . . . . . . . . , . . , . . , . . . . 18-81 Housing; smoke detectors in case of fire. . 18.22 SMOKING Buses, on . , . . . . . . , . . . . . . . . . . . . . . , . , 40.2 SNAKE HARBORAGE Nuisances enumerated and prohibited. . . 24-2 SOLID WASTE. See: GARBAGE AND TRASH SOUND TRUCKS. See: LOUDSPEAKERS AND SOUND TRUCKS SOUTHWESTERN BELL TELEPHONE COMPANY Franchises, Art. IV, V of App. B SPANISH AMERICANS Equal opportunity, affirmative ac- tion policy , , , . , , . , ' , See: EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION SPECIAL ASSESSMENTS Certain provisions saved from repeal 13-1 et seq. 1-5 SPECIAL DISTRICTS Certain provisions saved from repeal 1-5 SPECIAL TAXES Certain provisions saved from repeal 1-5 3632 e e e - e SPITE FENCES Erection . . . . . . . . . . . . . . See: FENCES, WALLS, HEDGES, AND ENCLOSURES SPITTING Public places SPRING GUNS Nonpowder propelled guns Weapons in general. See: FIRE- ARMS AND WEAPONS SPRING STEEL TRAPS Use for trapping animals STABLES Home occupations regulated See: ZONING Proper maintenance of animal enclo- sures . . . . . . . . . . . . . STAGNANT WATER Nuisances enumerated and prohibited STANDARD TRAFFIC ORDINANCE Adoption .............. .. . . . . . . . See: TRAFFIC STATE Defined STATIC ELECTRICITY Radio interference . . . . . . . . . . . . . . STATUTES K.S.A., construed STEALING Embezzlement ............... Inoperable vehicles on roadway See: TRAFFIC Library books .................. Stolen property, receiving Theft in general. See: THEFT Taking, using property of another temporarily .................. STEEL CONSTRUCTION Sandblasting . . . . . . . . . . . . . . See: SANDBLASTING STENCHES AND ODORS Nuisances enumerated and prohibited STORM PROTECTION Mobile home parks See: MOBILE HOMES TRAILERS AND STORM SEWERS Subdivision regulations See: SUBDIVISIONS Supp. No.7 CODE INDEX Section 8-402 25-5 25-120 7-76 42-60 7-58 24-2 38-1 1-2(22) 25-7 1-2(10) 25-61 38-81 et seq. 19-2 25-65 25-66 8-476 et seq. 24-2 22-20 36-1 et seq. 3633 STORMS Emergency proclamation See: CIVIL EMERGENCIES AND BLASTING STREAMS Nuisances enumerated and prohibited STREETS AND SIDEWALKS Alleyways Use of air space above alleyways within business improvement district . . . . Approaches to be paved Areaways Protection of ......... Assessments Service pipes and sewers, etc. See herein: Service Pipes and Sewers Barricades, warning devices Removal, interfering with U sing sidewalk or paving pro- tected by . . . . . . . . . . . . . Basements Permit required for certain struc- tures . . . . . . . . Protection of stairways, etc. Bench marks Established ................... Bonds Excavation bonds ........... See herein: Excavations Buildings Moving buildings . See herein: Moving Buildings Numbering. See herein: Number- ing of Buildings Bulkheads Permits required for certain con- struction ............. Business improvement district Use of air space above alleyways within Cellars Permits required for certain con- struction Protection of stairways, etc. City engineer Excavation regulations. See here- in: Excavations Construction in or under, etc. Permit required for certain work Curbs Ramps or runways attached to Curfew for minors See: MINORS Demolition, removal, or relocation of buildings ........... See: BUILDING CODE Section 10-39 et seq. 24-2 35-40.1 35-128 35-7 35-176 et seq. 35-4 35-5 35-6 25-7 35-21 35-202 35-61 et seq. 35-6 35-40.1 35-6 35-7 35-6 35-1 21-16 et seq. 8-351 et seq. STREETS AND SIDEW ALKS-Cont'd. Driveways and sidewalks (Construc- tion and Repair) Approaches Distance between Location of driveway approach Where driveway approaches pro- hibited Width of driveway approaches Compliance with provisions Contractors Defined Exemption for contractors with city. . . . . . . .. . . . . . . . . Corner, defined Curb parking space Defined Curb return, defined ......... Definitions Disapproval, correction of work Driveway approach, defined Driveway, defined Injury or damage Nonliability of city; protection of public . . . . . . . . . . . . . . Inspection of work Licenses Revocation .......... Violations Location of sidewalk Maintenance required ........... Nonliability of city re injury or damage . . . . . . . . . . . . . Notice of completion of work .... Outside sidewalk line Defined Parcel of land, defined .......... Paving, approaches Permits Bond requirements ........ Fees Form, contents Issuance License and bond prerequisite to Licensing requirements Persons required to obtain Required . . . . . . . . . Revocation . . . . . . . . . . . . Term, duration . . . . . . . . . . . Plans and specifications Adopted, filing, amendments Compliance ................ Procedure for sidewalks Generally . . . . . . . . . . Petition of property owners Protection of public Removal and reconstruction Rules, regulations authorized Supp. No.7 SALINA CODE Section 35-133 35-131 35-129 35-132 35-127 35-121(1) 35-136 35-121 (2) 35-121(3) 35-121(4) 35-121 35-139 35-121 (6) 35-121(5) 35-135 35-139 35-139 35-140 35-134 35-126 35-135 35-139 35-121 (7) 35-121(8) 35-128 35-158 35-152 35-153 35-155 35-156 35-157 35-154 35-151 35-160 35-159 35-124 35-125 35-137 35-138 35-135 35-126 35-122 STREETS AND SIDEW ALKS-Cont'd. Supervision of work Violations Encroachments. See herein: Obstruc- tion and Encroachments Excavations Barricades, warning lanterns, etc., maintenance Responsibility of permittee City engineer, obedience to Condition of restored surface Disposition of money received Filling, repair to be done by city Costs, charging ............. Jurisdiction Notice when ready for refilling Part of street or sidewalk Duty to keep available for use Paving. See herein that subject Permits Bond required, amount, terms Cancellation of bond Required . . . . . . . . . For street construction Plans, specifications Procedure for refilling Public service corporations Special provision for .... Responsibility of permittee Safety precautions required Liability of permittees ........ Service pipes and sewers See herein: Service Pipes and Sewers, Etc. Street department to assume juris- diction ........ Order for refilling to Violations .............. Workmen, qualifications Fences, walls, hedges, etc. . . . . . . . . . See: FENCES, WALLS, HEDGES, AND ENCLOSURES Fires prohibited on streets Flood protection works See: FLOOD PREVENTION AND CONTROL Gasoline sales restrictions Handbills, circulars, posters, cards, etc. Throwing, scattering on public or private property House moving. See herein: Building Moving House numbering. See herein: Num- bering of Buildings 3634 Section 35-122 35-140 35-208 35-209 35-216 35-212 35-211 35-204 35-205 35-208 35-207 35-214 35-202 35-203 35-201 35-6 35-215 35-205 35-206 35-209 35-210 35-210 35-176 et seq. 35-208 35-207 35-217 35-213 8-401 et seq. 14-78 15-16 et seq. 14-79 3-2 et seq. e e e e e STREETS AND SIDEW ALKS-Cont'd. Intersections Obstructions to visibility. See here- in: Obstructions and En- croachments Tree trimming regulations See: TREES AND SHRUB- BERY Licenses Sidewalk and driveway construc- tion See herein: Driveways and Side- walks Master street plan Traffic regulations to conform See: TRAFFIC Minors, parental responsibility re Moving buildings Building left in street Precautions required ......... Building left in street at night Precautions required ........ Building standing more than one hour . " .. .. " .... ....... Curb line, extending over . . . . . Height of building . . . . . . . . . . Notice to building official required Permits Applications ..... . . . . . . . . . . . . . Approval by building official Bonds . . . . . . . . . . . . . Duration . . . . . . . . . . . . . . . . . . . Fees .......... ... Issuance ..... . . . . . Required Route Approval by fire chief, city engineer ............ Planking required; exceptions Railroad tracks, crossing Special permits to move on certain streets, etc. Trimming of trees Violations Wires, removal ........ Nuisances enumerated and prohibited Numbering of buildings Assignment of numbers . . . . . . . . . . . . . Compliance required; exception . . . . . . Duty to display numbers Even and odd numbers .. Size of figures ........ Starting points ......... Obstructions and encroachments Building construction, in course of Business improvement district Use of air space above alleyways within. Supp. No.7 Section 39-1 et seq. 35-151 et seq. 38-2 21-17 35-65 35-66 35-70 35-67 35-62 35-61 35-82 35-83 35-86 35-87 35-85 35-87 35-81 35-84 35-68 35-71 35-64 35-69 35-72 35-63 24-2 35-105 25-101 35-106 35-103 35-104 35-102 35-39 35-40.1 CODE INDEX 3685 STREETS AND SIDEW ALKS-Cont'd. Moving buildings ......... See herein: Moving Buildings Notice and removal Prohibited .......... Temporary while receiving, ship- ping merchandise Use of public property for aes- thetic purposes Abutting property owners, b~. Visibility at intersections Exceptions . . . . . . . . Notice, removal by property owner .............. Preexisting violations not ex- cepted ............ Prohibited Removal by city Wires in streets Duty to remove . . . . . . . . . Nuisance declared, abatement .. Prohibited ........... Oil, grease, etc., draining into sewers, rivers, etc. ............. Parking regulations. . . . . . . . . See: TRAFFIC Pavement Driving rod or stake through Paving Service pipes and sewers ahead of paving . . . . . . . . . . See herein: Service Pipes and Sewers, Etc. Peddler's vehicles restricted Permits Driveway and sidewalk construc- tion ..... See herein: Driveways and Side- walks Excavations See herein: Excavations Public intoxication Railroad crossings Duty to construct ........ Waiver of construction require- ments . . . . . . . . . . . . . Ramps or runways prohibited Refuse and refuse containers Storage on public right-of-way See: GARBAGE AND TRASH Rod or stake Driving through pavement Salt water prohibited on pavement Service pipes and sewers ahead of paving Section 35-61 et seq. 35-37 35-36 35-38 35-40 35-52 35-54 35-53 35-51 35-55 35-42 35-42 35-41 41-73 38-41 et seq. 35-3 35-176 et seq. 28-3 35-151 et seq. 35-201 et seq. 25-83 35-231 35-232 35-1 34-26 35-3 35-2 STREETS AND SIDEW ALKS-Cont'd. Assessments of costs ........... Certification, collection of as- sessments ................ Compliance with ordinances, speci- fications . . . . . . . . . . . . . . Construction after expiration of deadline . . . . . . . . . . . . . . Duty to lay water pipes, etc. Excavation regulations. See here- in: Excavations Laying by city . . . . . . . . . . . . . . . Notice by city required. . . . . . . . . . Sidewalks. See also herein: Drive- ways and Sidewalks Defined ........................ Trimming of trees near sidewalks See: TREES AND SHRUB- BERY 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, loudspeakers ........ See: ADVERTISING Spitting in public places . . . . . . . . . . . Stairways or railings Permits required for certain con- struction ................... Protection of ................... Stake. See herein: Rod or Stake Street, defined ................... Subdivision regulations ........... See: SUBDIVISIONS Traffic regulations. . . . . . . . . . . . . . . . See: TRAFFIC Tree trimming, etc. .............. See: TREES AND SHRUBBERY Trees and shrubbery Obstructions to visibility ........ See herein: Obstructions and Encroachments Trucks, heavy vehicles ............ See: TRAFFIC Vacation of public ways Certain provisions saved from re- peal ............. Vehicle size, weight, and loads See: TRAFFIC Visibility at intersections Obstructions. See herein: Obstruc- tions and Encroachments Supp. No.7 SALINA CODE Section 35-178 35-179 35-181 35-180 35-176 25-178 35-177 1-2(21) 39-4 35-252 35-255 35-253 35-251 35-254 3-5 et seq. 25-5 35-6 35-7 1-2(23) 36-1 et seq. 38-1 et seq. 39-1 et seq. 35-51 et seq. 38-131 et seq. 1-5 38-131 et seq. SUBDIVISIONS Access to arterials ................ Amendments ..................... Application and interpretations .... Application procedure and approval process C.ompliance .......... . . . . . . . . . . . Official submission dates ........ Preliminary plats Generally . . . . . . . . . . . . . . See also herein: Plats and Plat- ting Submission schedule ............ Authority ........................ Block corners, monuments ........ Blocks, requirements .............. Bonds Performance bonds . . . . . . . . . . . . . . Character of land ................ Compliance required .............. Conditions . . . . . . . . . . . . . . . . . . Conflicting provisions ............. Dead-end streets . . . . . . . . . . . . . . . . . . Definitions ....................... Design . . . . . . . . . . . . . . . . . See also herein specific subjects Standards . . . . . . . . . . . . . . Drainage and storm sewers ........ Drainage easements . . . . . . . . . . Driveway and sidewalk construction See also: STREETS AND SIDE- WALKS Easements Dedication of drainage easements Enforcement ..................... Excavations in streets ............ See: STREETS AND SIDE- WALKS Exceptions. See herein: Variations and Exceptions Flood plain areas ................ Flood protection works ........... See: FLOOD PREVENTION AND CONTROL Historic spots, trees, shrubbery, etc. Preservation of natural features, etc. ........................ Improvements Generally .. . . . . . . . . . . . . . . . . See also herein specific subjects Interpretation . . . . . . . . Intersections Design standards Lots and lot improvements Access from arterial streets Dimensions 3636 Section 36-74(a) (4) 36-7 36-5 36-26 36-27 36-36 et seq. 36-28 36-3 36-71 (d) 36-74(a) (3) 36-73 36-71 (e) 36-26 36-8 36-5 36-74(a) (7) 36-2 36-71 et seq. 36-74(b) 36-75 36-75(d) 35-121 et seq. 36-75(d) 36-11 35-201 et seq. 36-75(c) 15-16 et seq. 36-80 36-71 et seq. 36-5 36-7 4( b) (3) 36-72 36-72( d) 36-72(c) e e e - e SUBDIVISIONS-Cont'd. Double frontage lots ............ Drainage Fencing Lot arrangement Lot splits . . . . . . . . . . Water bodies and watercourses Mobile homes and trailers See: MOBILE HOMES AND TRAILERS Monuments Installation . . . . . . . . . . . . . . . . Name of subdivision .............. Natural features and amenities, pres- ervation . . . . . . . . . . . . . . . . . Oil and gas drilling, etc. ......... See: OIL AND GAS Pedestrian access to sidewalks . . . Performance bonds ............... Planning ......................... See: PLANNING Plats and platting Final plats Application procedure and re- quirements . . . . . . . . . Board of commissioners, review by .............. Documents to be submitted, re- quirements ............... Notification process. . Planning staff review ......... Recording of plats ............ Review by planning commission Submission and review ........ Vested rights .......... Municipal boundaries, plats strad- dling ...................... Preliminary plats Application procedure and re- quirements Documents to be submitted, re- quirements ............... Notification process. . . . . . . . . . . Planning staff and planning commission review ........ Preliminary approval ......... Effective period of . . . . . . . . . . Review by appropriate agencies Zoning regulations ............ Vacation of plats ............... Policy and purposes .............. Proposed names .................. Public uses . . . . . . . . . . . . . . . . . . . . . Railroads and limited access high- ways ................. Reservations and designs ......... See herein specific subjects Restrictive covenants ............. Supp. No.7 Section 36-72( d) 36-72( e) 36-72(f) 36-72(b) 36-72(a) 36-72(g) 22-1 et seq. 36-71 (d) 36-71 (f) 36-80 26-1 et seq. 36-77(b) 36-73 29-1 et seq. 36-51 36-55 36-92 36-53 36-52 36-58 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 36-71 (f) 36-79 36-74(b) (2) 36-71 et seq. 36-71(b) CODE INDEX SUBDIVISIONS-Cont'd. Rules and regulations Plats to comply with all ordi- nances, etc. ............. .. Saving provision . . . . . . . . . .. .. Septic tanks, individual sewer sys- terns..................... . Sewers Water and sewer facilities Sidewalk construction See: STREETS AND SIDE- WALKS Sidewalks Required improvements . . . . . . . . . . Storm sewers and drainage ........ Streets Dedication ..................... General requirements . . . . . . . . . . . . Street dedications and reservations Title. . .. ...... .. ................. Topography and arrangement of streets ....................... Utilities Easements, etc. ................ Variations and exceptions ......... Violations and penalties ........... Water and sewer facilities ........ Wells and central water Systems .. Zoning . . . . . . . . . . . . . . . . Subdividing required prior tozon- ing ....................... See: ZONING SUITS AND PLEAS Indemnification and liability See: INDEMNIFICATION Recovery of license fee by suit Repeal of ordinances, effect SUNDAYS Computation of time re . . . . . . . . . . . . Food establishments, entertainment, etc., in ...................... SURGEONS Bullet wounds, knife wounds, etc. Duty to report . . . . . . . . . . . . . . . . . . City-county board of health . . . . . . . . See: HEALTH AND SANITA- TION 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 '" . 3637 Section 36-71 (a) 36-6 36-76 36-76 35-121 et seq. 36-77 36-75 36-74 (a) (7) 36-74(a) 36-74(c) 36-1 36-74(a) (2) 36-78 36-10 36-11 36-76 36-76 42-1 et seq. 42-8 2-76 et seq. 20-11 1-7 1-2 6-76 25-6 17-16etseq. 35-21 1-5 15-2 22-21 (a) (5) SURVEYS, MAPS AND PLATS-Cont'd. Numbering of buildings .......... See: STREETS AND SIDE- WALKS Planning regulations See: PLANNING Subdivision regulations See: SUBDIVISIONS Zoning maps, boundaries, etc. See: ZONING SWEAR OR SWORN. See: OATH, AFFIRMATION, SWEAR OR SWORN SWIMMING POOLS (Private) Complianeewithplumbingcode ..... ... Construction and design maintenance generally ...................... Definitions . . . . . . . . . . . . . . . . . . . . . . . . . Electrical code, compliance with. . . . . . . . Enclosure of pools . . . . . . . . . . . . . . . . . . . Lighting, compliance with . . . . . . . . . . . . Location of pools . . . . . . . . . . . . . . . . . . . . Permit Application for . . . . . . . . . . . . . . . . . . . . Required ........................ Plumbing code, compliance with . . . . . . . SWINE Animal regulations ............. See: ANIMALS AND FOWL T TABLE GAMES Arcades .. .. .. .. . .. .. .. . See: ARCADES Gambling prohibitions . . . See: GAMBLING TAILORS Home occupations regulated .... See: ZONING TAXATION Certain provisions saved from repeal Charter ordinances ................ Library board levies .. . . . . . . . . . . Limitations on tax levies Charter ordinance Nos. 1, 3, 9 See: CHARTER ORDINANCES Occupational license taxes. See: LI- CENSES AND PERMITS TAXICABS Arrangements considered single firm or owner .................... Business licenses Applications ..... ........ . . . . Approval .... . .. ......... Signing, identification of inter- ested parties ............. Supp. No.7 SALINA CODE Section 35-101 et seq. 29-1 et seq. 36-1 et seq. 42-40 et seq. 8-465 8-464 8-461 8-466 8-468 8-466 8-467 8-463 8-462 8-465 7-1 et seq. 6-106 etaeq. 25-176 et seq. 42-60 1-5 App. A 19-38 40-53 40-82 40-87 40-86 T AXICABS-Cont'd. Drivers' licenses. See also herein that subject Fees Generally Inspection fees Identification requirements Inspection of vehicles . . Inspection fees Insurance required .. Issuance .... . . . . Maintenance of vehicles Register Required . . . . . . . . Residence requirement of licensee Revocation, suspension Unfit vehicles Title certificate required Transfer of Vehicle covered Charging for certain time prohibited hibited Cruising Prohibited, when Definitions Drivers' licenses Ability to drive, examination re Age, residence of applicant Applications Approval City geography, knowledge of Criminal record of applicant, report Licensing of person with crimi- nal record Examinations re Fees Identification badge Investigation re ..... Issuance Other requirements. See herein: Business Licenses Renewal Required Revocation or suspension License to be taken up, reports Traffic law, knowledge of Fares. See also herein~ Rates Refusing to pay Violation of .... ......... Funerals, weddings, etc. Exemptions for vehicles used at Illegal purposes, use of vehicle for Immoral purposes Use, permitting use for ......... Inspection of vehicles ............. See also herein: Busines8 Licenses Insurance required ..... .......... Licenses, business. See herein: Busi- ness Lic:eIDU 3638 Section 40-95 40-90 40-86 40-89 40-90 40-88 40-91 40-89 40-92 40-81 40-83 40-96 40-89 40-84 40-94 40-85 40-65 40-65 40-54 40-46 40-112 40-109 40-107 40-113 40-112 40-110 40-111 40-112 40-108 40-114 40-110 40-113 40-115 40-106 40-116 40-117 40-112 40-67 40-59 40-48 40-70 40-69 40-89 40-88 e e e e e T AXICABS-Cont'd. Licenses, driver. See herein: Drivers' Licenses Liquor, transporting Operator Scope of terms Owner Scope of terms ......... Passengers Cruising, soliciting for Intermediate pick up of Number limited Refusing to pay fare Pool cab service Availability of service Defined Provisions applicable to service Rates of fare ................ Who may operate .. ....... .... Prostitution, other sexual offenders, etc. Using, permitting cab for Rates. See also herein: Fares Filing and posting in cabs Soliciting Soliciting passengers prohibited Speedometer Required to be lighted ... Streets Defined . . . . . . . . . . . . . . . . . . . . . Telephones prohibited on ........ Taximeters Charging for certain time pro- hibited ....................... Connection to drive wheel pro- hibited . . . . . . . . . . . . . . . . . Defined .. . . . . . . . . . . . Fares. See also herein: Rates Incorrect, unapproved taximeter, use .... ................... Inspection, testing ............. Lighting required .............. Maintenance ................... Rates, filing .. . . . . . . . . . . . . . . . . . . Rates. See also herein: Fares Required . . . . . . . . . . . . . . . . Signals .. . . . . . . . . . . . . . . Violation of fares .............. Telephones Prohibited on streets ............ Unfit vehicles Revocation, suspension of license See herein: Business Licenses Vehicle license Identification requirements Vehicle driver, signature, etc. Inspections Vehicle driver's license ........ Vehicle driver's1icense to be posted Supp. No.7 Section 40-70 40-47 40-47 40-54 40-58 40-68 40-67 40-71(d) 40-71(b) 40-71(e) 40-71 (c) 40-71 (a) 40-69 40-57 40-54 40-62 40-46( 1) 40-55 40-65 40-61 40-46(8) 40-61 40-66 40-62 40-68 40-57 40-56 40-64 40-59 40-55 40-89 40-93 40-93 40-93 CODE INDEX TAXICABS-Cont'd. Vehicles for hire, generally. See: VE- HICLES FOR HIRE TECHNICAL CODES Building code .......... See: BUILDING CODE Electrical code ................. See: ELECTRICAL CODE Gas code . . . . . . . . . . . . . . . . . . See: GAS CODE Mechanical code . . . . . . . . . . . See: MECHANICAL CODE Plumbing code . . See: PLUMBING CODE Sign code adopted See: SIGN CODE TELEPHONE POLES. See: POLES AND WIRES TELEPHONES Bail bondsmen telephone numbers, as to . Franchises, Art. IV, V of App. B Harassment by telephone ......... New mobile home parks, etc. ...... Taxicab restrictions ........... TELEVISION Franchises, Art. III of App. B Radio interference ................ Tampering with cable TV . . . . . . . . . . TENANT IN COMMON, ETC. Owner defined re ................ TENANT, OCCUPANT Terms construed ........ TENEMENTS Real property defined re .......... Property in general. See: PROP- ERTY TENT SHOWS. See: CARNIVALS, CIRCUSES AND TENT SHOWS TENTS, TRAILERS, ETC. Housing code requirements See: HOUSING Mobile homes . See: MOBILE HOMES AND TRAILERS TERRITORIAL APPLICATION Zoning provisions .. ......... See: ZONING THEATERS Carnival shows See: CARNIVALS, CIRCUSES AND TENT SHOWS 3639 Section 8-36 et seq. 8-66 et seq. 8-246 et seq. 8-281 et seq. 8-176 et seq. 8-881 23-43 25-43 22-38(e) 40-55 25-7 31-5 1-2(15) 1-2(24) 1-2(20) 18-1 et seq. 22-1 et seq. 42-3 6-16 et seq. THEATERS-Cont'd. Licensing of amusements, generally See: AMUSEMENTS AND EN- TERTAINMENT Salina Community Theatre Alcoholic beverages, consumption in . . Spitting in public places THEFT. See also: STEALING Inoperable vehicles on roadway See: TRAFFIC Library books, stealing Property of another Theft of gas or electric current THREATS Telephone harassment TIME Computation of time for interpreting code TOBACCO Smoking on buses TOILET FACILITIES Housing code requirements See: HOUSING Obscene writings, pictures on struc- tures . . . . . . . . . . . . . . . TORNADOS Emergency proclamation See: CIVIL EMERGENCIES AND DISASTERS TOXIC WASTES Sewers and sewage disposal . . . . . . See: WATER AND SEWERS TRADES Occupational licenses. See: LI- CENSES AND PERMITS TRAFFIC Abandoned vehicles Inoperable vehicles See herein: Inoperable Vehicles Animals involved in accidents Report of motor vehicles striking animals Animals left in cars Applicability to areas open to public 'Ie. hicular traffic . Bicycles Business districts, riding on side- walks in . Duties when riding on sidewalk Vehicles used by children in vio- lations, commandeering Supp. No.7 SALINA CODE Section 6-1 5-25 25-5 38-81 et seq. 19-2 25-60 31-2 25-43 1-2( 4) 40-2 18-1 et seq. 25-166 10-39 et seq. 41-71 et seq. 38-81 et seq. 7-72 7-46(a) (3) 38-11 38-23 38-24 38-6 TRAFFIC-Cont'd. Blind or incapacitated persons Impersonating Buildings Demolition, removal, or relocation of buildings See: BUILDING CODE Careless driving Certain provisions saved from re- peal Children. See herein: Minors Curb Parking. See herein: Parking, Stopping, and Standing Demolition, removal, or relocation of buildings See: BUILDING CODE Disabled vehicles Inoperable vehicles See herein: Inoperable Vehicles Dogs and cats . Leaving unattended animals ;n hot cars Driving ofT roadway Drivers' licenses Taxicab regulations See: TAXICABS Exceptions ........ Fines Penalties for scheduled fines. . . . . . Freight vehicle regulations See: FREIGHT VEHICLES Funeral processions. See herein: Pa- rades and Processions Handbills and other advertising mat- ter Attaching to motor vehicles Heavy vehicles. See herein: Size, Weight, and Load House moving Demolition, removal, or relocation of buildings . . . . . . . . . . . See: BUILDING CODE Impersonation Blind or handicapped persons. . . . . . . Infractions ........................ Inoperable vehicles Administrative procedure Blight, unsightly conditions, etc., causing . . . . . . . . . . . . Breeding ground for flies, mos- quitoes, rats, and other vermin Findings relative to abandoned vehicles Broken glass, sharp protrusions, insecure mounting, etc. Definitions 3640 Section 38-25 8-351 et seq. 38-21 1-5 8-351 et seq. 38-81 et seq. 7-46(a) (3) 38.27 40-106 et seq. 38-83 38-1.2 40-16 et seq. 3-1 8-351 et aeq. 38-25 38-1.1 38-87 38-81 38-81 38-81 38-82 e e e - e TRAFFIC-Cont'd. Findings of governing body Fire hazard, constituting Penalties Pilfering, theft, etc. Findings of governing body Presumptions that vehicle is in- operable . . . . . . . . Prohibitions Intersections Certain provisions saved from re- peal . . . . .. . .. . ... .... ... Railroad crossings. See herein that subject Tree trimming regulations. See: TREES AND SHRUBBERY Licenses Nonissuance to children requested, when .............. Restricted licenses Applications referred to police chief, action on Taxicab regulations See: TAXICABS Load. See herein: Size, Weight, and Load Loading zones Zoning requirements for off-street loading, etc. See: ZONING Marking of vehicles in areas where park- ing time is limited . . . . . . . . . . . . . . . Minors Bicycles, etc., used by children in violations Police to take up Parental responsibility for viola- tions Moving vehicles Boarding or alighting from Mufflers or sound dissipative devices on vehicles See herein: Noise Municipal lots Parking of vehicles in See herein: Parking Meters Noise Definitions Exempt vehicles Horns and signaling devices Mufflers or sound dissipative de- vices Adequate devices required Noises in general. See: NOISE Operating noise limits Prohibitions Quiet zones Standing motor vehicles Supp. No.7 Section 38-81 38-81 (4) 38-88 38-81 38-86 38-83 1-5 38-5 38-6 40-81 et seq. 42-551 et scq. 38-45 38-9 38-8 38-22 38-154 38-65 38-151 38-157 38-155 38-154 38-153 38-152 38-4 38-156 CODE INDEX 3641 TRAFFIC-Cont'd. Train whistles Sounding at certain intersections unlawful Nuisance vehicles Impounding, removal Nuisances in general. See: NUI- SANCES Obstructions Trains blocking streets See herein: Railroad Crossings One way streets Certain provisions saved from re- peal ..................... Parades and processions Drivers in processions, duties Driving through . . . . . . . . Funeral processions Pennant or escort required Permits required Parking meters Coin deposits Depositing slugs Duty to deposit coin, activate meter Curb Front wheel to be against Damaging, defacing meters Definitions Front wheel to be against curb Holidays, no operation on Improper parking, penalties Installation Location, construction of Maintaining, procuring Duties of manager Manager, duties Municipal lots Length of vehicles in Overtime parking Parking, stopping, and standing. See also herein that subject Permitting vehicle to park over- time Parking meter zones Defined Establishment Parking spaces (stalls) Duty to park in Improper parking, penalties Markings Penalty Payment in lieu of Provisions declared supplemental Receipts, purpose of Slugs, depositing Stalls. See herein: Parking Spaces Section 38-118 38-43 38-116 1-5 38-103 38-104 38-102 38-101 38-67 38-62 38-61 38-68 38-51 38-41.3, 38-61 38-58 38-60 38-55 38-57 38-56 38-55 et seq. 38-65 38-63 38-64 38-51(2) 38-54 38-59 38-60 38-55 38-71 38-70 38-53 38-52 38-67 TRAFFIC-Cont'd. Temporary suspension of use of meters Vehicle, defined Violations Notice Payment in lieu of penalty Penalty Police to report Parking, stopping, or standing J\rterial streets Nighttime parking Certain provisions saved from re- peal Curb Front wheel to be against Handbills, other advertising mat- ter, distributing Impounding of vehicles Nuisance vehicles, removal Inoperable vehicles See herein: Inoperable Vehicles Marking of vehicles in areas where park- ing time is limited. . . . . . . . . . . . . . Nighttime parking on certain streets Nuisance vehicles Impounding, removal Overtime parking Parking meters. See also herein that subject Private property Parking on without permission Standing motor vehicles creating noise Streets in residential areas Parking certain vehicles in Violations Zoning requirements for off-street park- ing and loading . . . . . . . . . . . . . . . See: ZONING Penalties for scheduled fines. . . . . . . . . . Processions. See herein: Parades and Processions Property owners Provisions not to interfere with Public vehicular traffic Provisions applicable to areas open to Quiet zones Noise. See also herein that subject Railroad crossings Backing trains, cars across Construction and maintenance See: STREETS J\ND SIDE- W J\LKS Other provisions relative to rail- road crossings. See: RJ\IL- ROJ\D CROSSINGS Supp. No.7 SALINA CODE Section 38-68 38-51 (3) 38-70 38-70 38-71 38-69 38-41 1-6 38-41.3, 38-61 3-1 38-43 38-81 et seq. 38-45 38-41 38-43 38-41. 7 38-42 38-156 38-41 38-44 42-551 et seg. 38.1.2 38-7 38-11 38-4 38-117 35-231 et seq. TRAFFIC-Cont'd. Trains blocking streets Whistles Unlawful to sound at certain in- tersections Real property owners Provisions not to interfere with Reckless driving Careless driving Regulations Conformance to street plan Roadway, driving off. . . . School crossing guards Obedience required School zones, speed in . . . . . . . . Sidewalks Bicycles. See herein that subject Size, weight, and load Compliance required Exemptions Gross weight Height and length of vehicles and loads Passenger \'ehicles Projecting loads on Through truck traffic prohibited on certain streets Vehicle weight laws Enforcement Wheel and single axle load limits Width of vehicles and loads on .. Snow and ice on sidewalk See: STREETS AND SIDE- WALKS Speed in school zones . . . . . . . . . Standard traffic ordinance Amendments .. . . . . . . . . . . . . . . . . . . . Incorporated by reference . . . . . . . . . . . Standing. See herein: Parking, Stop- ping, and Standing Stop intersections Certain provisions saved from re- peal Street or highway Definition of . . . . . . . . . . . . . . . . . . . . . . Manager may designate streets for other purposes Taxicab regulations See: TAXICABS Temporary closing of streets Authority of manager Through streets Certain provisions saved from re- peal Tires and wheels on vehicles Front wheel turned to curb on parking 3642 Section 38-116 38-118 38-7 38-21 38-2 38-27 38.26 38.28 38-131 38-182 38-137 38-135 38-134 38-139 38-138 38-136 38-133 36-251 et seq. 38-28 38-1(b) 38.l(a) 1-6 38.10 38-3 40-46 et seq. 38-3 1-6 38-41.3, 38-61 e e e e e TRAFFIC-Cont'd. Size, weight, and load require- ments See herein: Size, Weight, and Load Traffic-control signs, signals and de- vices Certain provisions saved from re- peal . . . . . .... Trains. See herein: Railroad Cross- ings Tree trimming regulations See: TREES AND SHRUBBERY Trucks Size, weight, and load See herein: Size, Weight and Load Unattended vehicles Inoperable vehicles See herein: Inoperable Vehicles Vehicles for hire . . . . . . . . . . See: VEHICLES FOR HIRE Vehicular traffic, public Provisions applicable to areas open to . . Violations Criminal violations . . . . . . . . . . Infractions . . . . . . . . . . . . . Nuisance declared, abatement Offenses . . . . . . . . . . . . . . Parental responsibility re children . . . Parking violations . . . . . . . Penalties for scheduled fines. . . Police to take up bicycles, etc. used by children . . . . . . . . . . . Weight of vehicles. See herein: Size, Weight, and Load White walking cane Misuse ................... TRAILER RENTAL Home occupations regulated See: ZONING TRAILERS. See: MOBILE HOMES AND TRAILERS TRAINED ANIMALS Circus and tent show requirements See: CARNIVALS, CIRCUSES AND TENT SHOWS Dogs trained to assist blind or deaf persons exempt from certain provisions . . . . . . . . . TRAINS Railroad crossings. See: STREETS AND SIDEWALKS. See also: TRAFFIC Traffic regulations See: TRAFFIC Supp. No.7 Section 38-133 1-5 39-1 et seq. 38-131 et seq. 38-81 et seq. 40-1 et leq. 38-11 39-8 38-1.1 39-9 38-1.1 38-8 38-44 38-1.2 38-9 38-25 42-60 6-16 et seq. 7-55 38-116 et seq. CODE INDEX 3642.1 TRANSIENT MERCHANTS Peddlers, licensing of .. See: PEDDLERS, CANVASSERS AND SOLICITORS TRAPPING Humane live animal trap, defined Spring steel traps reatricted Other provisions regarding care of animals. See: ANIMALS AND FOWL TRASH FIRES Open fires ......... TREASURER. See also: CITY TREAS- URER LJbrary board .................... TREES AND SHRUBBERY Animals destroying property in parks Authority to regulate planting, main- tenance, etc. .................. Criminal violations . . . . . . . . . . . . . . . . Dead trees and limbs, removal . . . . . . Diseased trees and shrubs Infection, powers of city re Notice requiring cutting or re- moval ..................... Failure to comply with .. . .. .. Fences, walls, hedges, etc. See: FENCES, WALLS, HEDGES, AND ENCLOSURES Franchise rights and regulations Injury, cutting, destroying Notice requiring trimming or re- moval ............. Failure to comply with Plants and parkings Rights of property owners Right of city to maintain construed Street obstructions and encroach- ments See: STREETS AND SIDE- WALKS Subdivision regulations See: SUBDIVISIONS Treaters and trimmers Definitions Exemptions Licenses Applications Bonds Denial or revocation Fees Insurance Required Transfer of Pests, defined Section 28-1 et seq. 7-1(13) 7-76 14-77 19-37 27-17 39-1 39-8 39-5 39-53 39-51 39-52 8-401 et seq. App. B 39-3 39-6 39-7 39-2 39-10 36-36 et seq. 36-1 et seq. 39-21 39-22 39-32 39-34 39-35 39-33 39-34 39-31 39-36 39-21(2) TREES AND SHRUBBERY -Cont'd. Trimming of trees for building mov- ing operations Building moving in general. See: BUILDINGS. See also: STREETS AND SIDEWALKS Trimming of trees on or near streets Duty of owner, occupant, etc. Utility company's right to trim trees, branches TRENCHES Excavations in streets See: STREETS AND SIDE- WALKS Flood protection works See: FLOOD PREVENTION AND CONTROL TRESPASSING Apples, pears, peaches, plums, grapes, etc. Stealing fruit Criminal trespass Other offenses relative to property. See: PROPERTY Flood protection works property School or institutions TRUCKS Freight vehicles See: FREIGHT VEHICLES Supp. No.7 Section 35-69 39-4 31.10 35-201 et seq. 15-16 et seq. 25-63 25-66 15-4 25-86 40-16 et lIeq. SALIN A CODE 3642.2 e e e - e W WAGERING. See: GAMBLING WALLS. See also: FENCES, WALLS, HEDGES, AND ENCLOSURES Obscene writings, pictures on struc- tures . . . . . . . . . . . . . . . . . . . . . . . WANDERERS Parental responsibility re minors WAR EMERGENCIES Emergency proclamation ......... See: CIVIL EMERGENCIES AND DISASTERS WAR VETERANS. See: VETERANS WARDS City to consist of one ward .. Election procedures, etc. See: ELECTIONS WASTE Solid waste collection and disposal . See: GARBAGE AND TRASH WATER AND SEWERS Building sewers. See herein: Sewers and Sewage Disposal Cost records required ............. Director of utilities Authorized persons right of entry Flood protection works ......... See: FLOOD PREVENTION AND CONTROL Fluoridation Authorization .. Health department approval Zoning requirements for utilities, etc. See: ZONING Housing code requirements 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 Tampering 'with ................ Water meters. See also herein: Water Supply and Distribution Mobile home park distri;...;.\.....a sys- tems, etc. .................... Mobile home systems . . . . . . . . . . . . . . See: MOBILE HOMES AND TRAILERS Nuisances enumerated and prohibited Supp. No. 3 CODE INDEX Section 25-166 21-17 10-39 et seq. 12-1 34-16 et seq. 41-3 41-7 15-16 et seq. 41-42 42-62 18-1 et seq. 41-8 22-18, 22-28 22-18 24-2 WATER AND SEWERS-Cont'd. Permits Sewers and sewage disposal. See herein that subject Petty cash fund . . . . . . . . . . . . . . . . . . . . . Plumbing code . . . . . . . . . . . . . . . . . . . . . . See: PLUMBING CODE Policy and regulations . . . . . . . . . . . . . . . Private ,wastewater disposal systems. See herein: Sewers and Sewage Disposal Public utilities, generally ......... See: UTILITIES Rates and charges Adoption by resolution Billing and colleetion Charge for water used by city ... Charge when meter fails to regis- ter ........................ Corrections . . . . . . . . . Covenant not to decrease rates . Delinquent accounts, penalty for . . . . . Delivery of bill Department not responsible Duplicate bills Free service prohibited Hydrant rental . . . . . . . . Industrial pretreatment. See herein: Sew- ers and Sewage Disposal Installation charges. See herein: Water Supply and Distribu- tion Meters Combined reading of multiple meters ................... Nonpayment of bill Disconnecting service for Payment of bilI Regulations to secure authorized Permit fees. See herein: Sewers and Sewage Disposal, Etc. Reduction in sewer charge Water not discharged into sew- ers .. . . . . . . . . . . . . . . Refunds . . . . . . . . Revenue bonds, etc. Covenant not to decrease rates Service not furnished until bill paid Regulations declared contractual .. Violators, discontinuing serVIC.a for Revenue Deposit, use of ......... Right of entry Service pipes, etc., ahead of paving See: STREETS AND SIDE- WALKS Sewers and sewage disposal Application for service when I!ity water not used 3646 Section 41-4 8-176 41-9 31-1 et seq. 4l-U 41-93, 41-87 41-88 41-95 41-91 41-93 41-94 41-94 41-92 41-89 41-98 41-93 41-97 41-90 41-95 41-91 41-96 41-6 41-6 41-2 41-7 85-176 et seq. 41-72 WATER AND SEWERS-Cont'd. Building sewers Connections Approval required ............. Inspection . . . . . . . . . . . . . . . . . . . . Requirements generally . . . . . . . . . Construction requirements Generally .................... Minimum pipeline diameter . . . . . Pipeline materials ............. Existing building sewers . . . . . . . . . . Generally ...................... Indemnification ............ . . . . . Inflow sources . . . . . . . . . . . . . . . . . . . Permit required . . . . . . . . . . . . . . . . . Required . . . . . . . . . . . . . . . . . . . . . . . Safety ......................... Control manholes ..... . . . . . . . . . . . . Definitions . . . . . . . . . . . . . . . . . . . . . . . Discharge requirements Color limitations . . . . . . . . . . . . . . . . Enforcement. See within this subhead- ing that subject Explosive materials. . . . . :.'. . . . . . . Flammable wastes . . . . . . . . . . . . . . . General prohibitions . . . . . . . . . . . . . Generally ...................... Grease ........................ Hazardous material . . . : . . . . . . . . . . Industrial pretreatment. See within this subheading that subject Inspections, monitoring and sampling. See within this subheading that subject Noxious or malodorous materials. . . Nuisance materials . . . . . . . . . . . . . . Odor limitations . . . . . . . . . . . . . . . . . Oxygen demanding pollutants . . . . . Permits NPDES permit violations .. . . . . . pH limitation . . . . . . . . . . . . . . . . . . . Pretreatment standards .......... Prohibited discharges generally . . . . Radioactive waste ............... Reuse or reclamation of waste Discharges which render effluent un- suitable for . . . . . . . . . . . . . . . . Sand .......................... Solid or viscous substances . . . . . . . . Taste limitations . . . . . . . . . . . . . . . . Temperature limitations . . . . . . . . . . Toxic pollutants . . . . . . . . . . . . . . . . . Treatment required . . . . . . . . . . . . . . Violations; penalty NPDES permit violations .. . . . . . Enforcement Discharge requirements .......... Violations; penalties. See within this subheading that subject Supp. No.3 SALINA CODE Section 41-115 41-135 41-134 41-130 41-131 41-132 41-129 41-125 41-127 41-133 41-126 41-128 41-136 41-161 4-110 41-154 41-147 41-160 41-111 41-145 41-160 41-158 41-151 41-158 41-154 41-156 41-153 41-149 41-163 41-146 41-157 41-152 41-160 41-148 41-154 41-155 41.150 41-112 41-153 41-159 WATER AND SEWERS-Cont'd. Industrial pretreatment Applicability ................... Compliance report. See within this sub- heading: Reports and Records Confidential information . . . . . . . . . . Discharge requirements Accidental discharges .......... Written notice of . . . . . . . . . . . . . City's right of revision . . . . . . . . . . Dilution ..................... Employees, notice to . . . . . . . . . . . . Federal categorical pretreatment standards. . . . . . . . . . . . . . . . . Modification of . . . . . . . . . . . . . . Generally .................... Harmful contributions . . . . . . . . . . Pretreatment compliance . . . . . . . . State requirements . . . . . . . . . . . . . Fees Charges and fees enumerated . . . . Purpose ...................... Inspections, monitoring and sampling Inspection and sampling . . . . . . . . Monitoringfacilities . . . . . . . . . . . . Self-monitoring ............... Invalidity .......... . . . . . . . . . . . . Noncompliance, publication of . . . . . Permits Application for . . . . . . . . . . . . . . . . Conditions ................... Confidential information . . . . . . . . Duration . . . . . . . . . . . . . . . . . . . . . Generally .................... Modifications ................. Required .. .. .. . .. .. .. . .. .. .. . Revocation ................... Suspension order .............. Transfer ..................... Policy ......................... Pretreatment requirements. See within this subheading: Discharge Re- quirements Purpose. . . . . . . . . . . . . . . . . . . . . . . . Rates and charges . . . . . . . . . . . . . . . Reports and records Availability of records . . . . . . . . . . Compliance date report . . . . . . . . . Confidential information . . . . . . . . Periodic compliance reports, self- monitoring . . . . . . . . . . . . . . . . Validity ....................... Violations; penalties Civil penalties ................ Falsifying information . . . . . . . . . . Harmful contributions . . . . . . . . . . Legal action .................. Noncompliance,publicationof... . Notice ofviolations . . . . . . . . . . . . . 3646 Section 41-183 41-209 41-190 41-191 41-188 41-189 41-192 41-185 41-186 41-184 41-210 41-206 41-187 41-194 41-193 41-205 41-204 41-203 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 41-181 41-194 41-208 41-202 41-209 41-203 41-218 41-216 41-217 41-210 41-215 41-207 41-213 e e e e e WATER AND SEWERS-Cont'd. Permit revocation . . . . . . . . . . . . . . Show cause hearings . . . . . . . . . . . Suspension order .............. Inspecticns, monitoring and sampling Building sewers . . . . . . . . . . . . . . . . . Control manholes . . . . . . . . . . . . . . . . Industrial pretreatment. See within this subheading that subject Measurement, tests and analysis . . . Invalidity . . . . . . . . . . . . . . . . . . . . . . . . Monitoring. See within this subheading: Inspections, Monitoring and Sampling Oil, grease, draining into sewers, riv- ers, etc. . . . . . . . . . . . . . . . . . . . . . . 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 Requirements Reports and records Industrial pretreatment. See within this subheading that subject Required use offacilities . . . . . . . . . . . . Reuse or reclamation of waste Discharges which render effluent un- suitable for ... . . . . . . . . . . . . . . Sampling. See within this subheading: Inspections, Monitoring and Sampling Sewer connections . . . . . . . . . . . . . . . . . Permits and fees . . . . . . . . . . . . . . . . . Validity ......................... Vandalism. . . . . . . . . . . . . . . . . . . . . . . Violations; penalties Industrial pretreatment. See within this subheading that subject Notice of . . . . . . . . . . . . . . . . . . . . . . . NPDES permit violations . . . . . . . . . Penalties generally ...... . . . . . . . . Vandalism ..................... Subdivision regulations . . . . . . . . . . . . See: SUBDIVISIONS Systems combined . . . . . . . . . . . . . . . . . Trees and shrubbery, replation of See: TREES AND SHRUBBERY Uniform plumbing code adopted See: PLUMBING CODE Supp. No.7 CODE INDEX Section 41-212 41-214 41-211 41-135 41-161 41-162 41-219 41-73 41-126 41-153 41-71.1 41-71.2 41-113 18-75 et seq. 41-114 41-152 41-71 41-71.1 41-218 41-171 41-172 41-153 41-173 41-171 86-1 et Hq. 41-1 89-1 et Hq. 8-176 et seq. 3647 WATER AND SEWERS-Cont'd. Utilities, generally ............... See: UTILITIES Violations; penalties Delinquent accounts, penalty for . . . . . Discontinuance of service . . . . . . . . . . . Sewers and sewage disposal. See herein that subject Water conservation Air conditioners Definitions . . . . . . . . . . . . . Notice and inspection . . . . Permit to install, fees Permits Violators not to receive Persons authorized to install .. Surcharge .................... Types of ........ Back siphonage, prevention of . . . Definitions ........ . . . . . . . . . . Irrigation Priorities established .......... Sanitary use, priority .......... Violators Permits denied . . . . . . . . . . . . Waste prohibited . . . . . . . . . . . . . Other regulations. See herein: Water Supply and Distribu- tion Water meters. See herein: Meters, Facilities Water supply and distribution Abandoned service lines Capping Or plugging required Apartment house Consumer defined re ........ Definition re Applications for service ......... Building, multiple business Consumer defined re .......... Building, one business Consumer defined re .......... Charges and taps ............... Conservation of water. See herein: Water Conservation Consumer, defined ............. Consumer furnishing water to others ..................... Deposits Accounts . . . . . . . . . . . . . . . . . . . . . . . Application to payment of bills . . . . . Basis of deposits . . . . . . . . . . . . . . . . .. Interest on deposits . . . . . . . . . . . . . . Refunds ....................... Required. . . . . . . . . . . . . . . . . . . . . . . Unclaimed deposits . . . . . . . . . . . . . . Dirt, rubbish, etc. Prohibited in meter or service box. . . Section 81-1 et aeq. 41-93 41-6, 41-93 41-61 41-64 41-53 41-56 41-54 41-66 41-62 41-57 41-51 41-58 41-68 41-55 41-69 41-81 41-20(a) (6) 41-20(a) (1) 41-21 41-20(4) 41-20(a) (8) 41-28 41-20 41-40 41-23 41-25 41-25 41-24 41-26 41-22 41-27 41-36 WATER AND SEWERS-Cont'd. Dwelling, one family Consumer defined re ... Dwelling, two family Consumer defined re .......... Fluoridizing water supply system au- thorized Frost protection Hot water or steam Damage to meter Improper thawing of ice Damaging meters ......... Interrupted service . . . . . . . . . Leaks, prevention, protection Liability City not liable for interrupted service Lineal feet, defined Meters Accessi bility Cosumer 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 Location Other requirements for meters. See elsewhere herein: Me- ters, Facilities Required Separate meter for each con- sumer Obstructing Payment of bills Application of deposits to Plumbing, etc. Maintenance Rates and charges. See also here- in that subject Repairs Right to cut off water, etc. Taps and charges Unlawful use of water . . . . . . . . Wasting water Water conservation. See allO herein that subject Water system property, hydrants, etc. Damaging, tampering with ... Zoning approval . . . . . . . .. . See: ZONING WATERCOURSES Flood prevention works. ...... . . . See: FLOOD PREVENTION AND CONTROL Supp. No.7 SALINA CODE Section 41-20(a) (2) 41-20(b) (5) 41-42 41-29 41-89 41-89 41-30 41-29 41-30 41-28(a) 41-37 41-38 41-33 41-36 41-39 41-39 41-34 41-35 41-32 41-40 41-37 41-25 41-29 41-30 41-28 41-41 41-29 25-59 42-62 15-16 et seq. \VA TERCOURSES-Cont' d. Nuisances enumerated and prohibited Oil, grease, etc., draining into WEAPONS. See: FIREARMS AND WEAPONS WEEDS AND BRUSH Nuisances enumerated and prohibited Open fires ......... WELLS OR CISTERNS Demolition, removal, or relocation of buildings See: BUILDING CODE Nuisances enumerated and prohibited Oil and gas drilling, etc. See; OIL AND GAS WHEEL OF FORTUNE Gambling prohibitions See: GAMBLING WHITE WALKING CANE Impersonating blinrl, etc. persons WILD ANIMAL EXHIBITIONS Circus and tent show requirements See: CARNIVALS, CIRCUSES AND TENT SHOWS WILD ANIMALS Defined Animals in genelal. See: ANI- MALS AND FOWL WIND STORMS Emergency proclamation See: CIVIL EMERGENCIES AND DISASTERS WINDOWS Window peepers Peeping toms WINE Alcoholic liquor regulations See: ALCOHOLIC BEVERAGES WRECKED, DISMANTLED VEHI- CLES Inoperable vehicles on roadway See: TRAFFIC WRECKING YARDS Junkyards, etc. See: JUNK AND JUNK DEAL- ERS WRITING, WRITTEN Terms construed 3648 Section 24-2 41-73 24-2 14-77 8-351 et seq. 24-2 26-1 et seq. 25-176 et seq. 38-25 6-16 et seq. 7-1(27) 10-39 et seq. 25-136 5-16 et seq. 38-81 et seq. 33-36 et seq. 1-2(25) e e e e e WRITS, WARRANTS AND OTHER PROCESSES Housing advisory and appeals board Subpoenas, etc. . . . . . . . . . . . . . See: HOUSING Nuisance abatement procedures See: NUISANCES Procedure for forfeiture of gambling devices See: GAMBLING Resisting an officer Unlawful acts of merchant or private policemen x X-RA Y MACHINES Radio interference Y YARD SALES Temporary uses See: ZONING YARDS AND OPEN SPACES Animal yard structures and pens Proper maintenance Location of yard housing for animals See: ANIMALS AND FOWL Zoning requirements in general See: ZONING z ZONING A-I Agricultural District Animal limitations Bulk regulations Catteries locations .............. Kennels, etc., in general. See: ANIMALS AND FOWL Conditional uses Design . . . . . . . . . . . . . . . . Kennels for animals ............ Animals in general. See: ANI- MALS AND FOWL Lot size requirements Permitted uses Signs. See herein that subject Abbreviations .. . . . . . . . . Accessory Defined. . . . . . . . . Actuarial premium rates, defined . . . . . . Administrative provisions ........ Fees . . .. .......... Other provisions re administration, etc. See herein specific sub- jects Violations and penalties . . . . . . . . . . . . Administrative variances Appeals to board of zoning appeals. . . . Supp. No.7 Section 18-46 24-5 et seq. 25-181 25-28 30-25 25-7 42-59 7-58 7-33 42-76 et seq. 7-32 42-115 7-1(5) 42-113 42-111 7-1(17) 42-114 42-112 42-43 42-617 42-618.1 42-596 et seq. 42-598 42-599 42-597.1(c) CODE INDEX 3649 ZONING-Cont'd. Application procedure . . . . . . . . . . . . . . Authorization .................... Advertising signs. See also herein: Signs Defined . . . . . . . . . . . . . . . . . . . . . . . . . . Agencies Applicable definitions Agricultural uses, defined Airport, defined ......... Airport zoning See also: AIRPORTS AND AIR- CRAFT Alcoholic beverage premises Cereal malt beverages premises See: ALCOHOLIC BEVER- AGES Alley, defined Alteration, defined Amendments Adoption Amendments to text Applications Form of application Public hearings Authority Board of commissioners, action by Construction, etc., other require- ments. See herem: Provisions District changes Amendments to change zoning districts ............ Fees Findings of fact . . . . . . . . . . . . . Initiation of . . . . . . . . . . Planning commission recommenda- tions . . Protests Public hearings Animal hospital, defined Annexed land Planning application fees Apartment, defined Apparel stores, defined Appeal, defined ............. Appeals. See herein: Board of Zon- ing Appeals Appliance repairs, defined Applicant, defined Application Territorial application Area, defined Area of shallow flooding, defined. . . . Area of special flood hazard, defined. . . . . Associations Applicable definitions . . . . . . . . . . . . . . Automobile repair Defined . . . : . . . . . . . . . . . . . . . . . . . . . . SectioD 42-597.1(b) 42-597.1(a) 42-618 42-616 42-619 42-620 4-46 et seq. 5-95 42-621 42-622 42-26(a) 42-25(b) 42-23 42-24 42-21 42-26 42-25(c) 42-598 42-25 42-22 42-25 42-26(b) 42-24 42-623 42-7 29-1 (a) 42-624 42-625 42-625.1 42-627 42-628 42-3 42-629 42-629.1 42-629.2 42-616 42-630.1 SALINA CODE Section 38-85 42-254 42-252 Section ZONING-Cont'd. 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-3 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 Signs. See herein that subject Use limitations C-5 Service Commercial District Bulk regulations Conditional uses Design .......... Lot size requirements Permitted use Signs. See herein that subject Use limitations C-6 Heavy 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 Cereal malt beverage premises See: ALCOHOLIC BEVERAGES Certain provisions saved from repeal Certificate of occupancy Generally ZONING-Cont'd. Automobile sales Defined. . . . . . . . . . . . . . . . . . . . . . . . . . Automobile service and accessory stores Defined. . . . . . . . . . . . . . . . . . . . . . . . . . Awning, defined . . . . . . . . . . . . . . . Awning sign, defined. . . . . . . . . . Banks and financial institutions Defined. . Base flood. defined. Beverage distributors, defined Billboards. See herein: Signs Blocks, defined Board of zoning appeals Administrative variances; appeals to board . . . . . . . . . . . . . . . . . . . . . . . . Authorization .................... Commencement of proceedings before board .. .. .. .. .. .. .. .. . .. .. .. . Dissatisfaction with determination of . Membership . . . . . . . . . . . . . . . . . . . . . . Powers and duties . . . . . . . . . . . . . . . . . Building, principal, defined Buildings Code. See: BUILDING CODE Defined . 42-616(b) (5), 42-637 Nonconformities. See herein: Non- conforming Uses, Bulk and Signs Bulk, nonconforming, defined Bulk regulations Basic requirements Defined District requirements. See herein specific districts Intersection visibility obstructions Lot size requirements Nonconformities. See herein: Non- conforming Uses, Bulk and Signs Obstructions Visibility at intersections Permitted obstructions and re- quired yards Public utility facilities Yard requirements for open land Restrictions on allocations and disposition Bulletin board sign Defined Business and professional office Defined Business improvement district Use of air space above alleyways within C-1 Restricted Business District Bulk regulations Conditional uses Design 42-631 42-630 42-632 42.633 42-256 42-270 42-268 42-266 42-269 42-267 42.6:34 42.634.1 42-635 42-636 42-271 42-285 42-283 42-281 42-284 42-282 42-597.1(c) 42-597(a) 42-597(d) 42-597(t) 42-597(b) 42-597(c) 42-638 42-286 42-305 42-303 42-301 42-304 42-302 42-306 42-639 42-320 42-318 42-316 42-319 42-317 42-76 42-640 42-81 42-80 42-321 42-335 42-333 42-331 42-334 42-332 42-81 42-79 42-80 42-77 42-336 42-643 42-644 42-645 42-646 42-647 42-648 5-95 42-78 42-641 42-642 35-40.1 1-5 42-256 42-253 42-251 42-6 Supp. No.7 3650 e e e e e ZONING-Cont'd. Certificates' Administrative provisions Fees Sign permits See herein: Signs Change in use Changes Amendments See herein: Amendments City, defined City planning commission See: PLANNING Classifications. Commercial district, defined Common open space Defined . . . . . . . . Completely enclosed building Defined . . . . . . . . . . . . . . . . . . . . . . . . . . Conditional use permits . . . . . . . . . . . . . . Appeal to city commission. . . . . . . . . . . Application ...................... Applications to board of zoning appeals Authorization .................... Flood plain district . . . . . . . . . . . . . . . . See herein: Flood Plain Zoning District Hearing on . . . . . . . . . . . . . . . . . . . . . . . Period of validity . . . . . . . . . . . . . . . . . . Planning and zoning application requests . Protest .......................... Conditional uses District requirements. See hereiD specific districts Status of conditional ules when nonconforming ............. Conservation Heritage conservation district See herein: Heritage Conserva- tion District Construction sign, defined ......... Corner lot, defined ................ Corners. See herein: Intersections Corporations Applicable definitions Dance halls Proximity to residences Day care home, defined Definitions Generally . . . . . . . . . . . . . . . . Words, terms, etc., defined Density, defined . . . . . . . . . . Design District requirements. See herein specific districts Developer, defined ................ Development, defined . . . . . . . . . . . . . . . . Supp. No.7 CODE INDEX Section 42-596 et seq. 42-598 42-502 42-6 42-21 et seq. 42-616(b) (6) 29-16 et seq. 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(f) 29-1 42-597.2(e) 42-580 42-456 et leq. 42-652 42-653 42-616 6-47 42-654 42-616 42-61 et seg. 42-655 42-656 42-656.1 ZONING-Cont'd. Developments Planned development districts ... See herein: Planned Develop- ment Districts Districts Boundaries District boundaries on zoning map ................ Business improvement district. See herein that subject Classifications . . . . . . . . . . . . . . . . . . . . Establishment .of Flood plain zoning district See herein: Flood Plain Zoning District General bulk regulations ........ Heritage conservation district . . See herein: Heritage Conserva- tion District Listing, designations ............ Maps. See herein: Zoning Map Planned development district .... See herein: Planned Develop- ment Districts Sign regulations. See herein: Signs Specific requirements. See herein specific districts Dog kennel, defined Drainage Flood plain zoning district ...... See herein: Flood Plain Zoning District Drive-in establishment, defined . _ . . Drive-up window, defined. . . . . . . . . . . . . Dry cleaning plant, defined .. . . . . Dry cleaning (self-service) Defined ..................... Dwelling, attached, defined ...... Dwelling, defined .............. Dwelling, detached, defined ....... Dwelling, multiple-family, defined . Dwelling, single-family, defined. . . . Dwelling, two-family, defined ...... Dwelling unit, defined ............. Ealrement, defined . . . . . . . . . . . . . . . . . Enforcement officer Exceptions Planning and zoning application requests, etc. ............. Existing construction, defined . . . . . . . . . Existing mobile home park or mobile home subdivision, defined. . . . . . . . . . . . . . Existing structures, defined. . . . . . . . . . . Expansion to an existing mobile home park or mobile home subdivision, defined. 3651 Section 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 42-426 et aeq. 42-658 42-658.1 42-660 42-659 42-662 '42-661 42-663 42-664 42-665 42-666 42-667 42-668 42-596 29-1 42-668.1 42-668.2 42-668.3 42-668.4 ZONING-Cont'd. Family care facility, defined. . . . . . . . . . Family, defined. . . . . . . . . . . . . . . . . . . . . Fees. ...... ........... ... ......... Fence, defined . . . . . . . . . . . . . . . . . . . . . . Fences, walls, hedges, etc. . . . . . . . . . . . . . See: FENCES, WALLS, HEDGES, AND ENCLOSURES Final plat, 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 Floodway overlay district and flood. way fringe overlay district, stand. ards for Development standards . . . . . . . . . Permit, requirement for. . . . Special provisions for unnumbered A zones . . . . . . . . . . . . . . . . . . . Findings of fact . . . . . . . . . . . . . . . . . . . Lands to which article applies. . . . . . . . Liability Warning and disclaimer ofliability . . Purpose .................. 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 . . . Floodway, defined . . . . . . . . . . . . . . . . . . . Floodway fringe, defined. . . . . . . . . . . . . . Floor area, defined . . . . . . . . . . . . . . . . . . Food stores, defined . . . . . . . . . . . . . . . . . . Supp. No.7 SALINA CODE Section 42.670 42.669 42.598 42.671 8.401 et seq. 42.672 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 42.426 42.444 42.446 42.445 42.447 42.448 42.432 42.676 42.676.1 42.677 42.678 ZONING-Cont'd. Fraternal and/or service clubs Defined. . . . . . . . . . . . . . . . . . . . . . . . . . Freeboard, defined .................. Front lot line, defined Front yard, defined Frontage, defined Garage, defined Garage sale, defined Garden stores, defined Gasoline service station, defined General use regulations .. ........ See also herein: Uses Governing bodies Applicable definitioDs ........... Ground sign, defined .......... Group care faeility, defined ........ Group day care eenter, defined Health regulations General bulk regulations ........ Distriet requirements. See here- in speeifie districts Hearings Board of zoning appeals .... Hedges Fences, walls, hedges, etc. See: FENCES, WALLS, HEDGES, AND ENCLO- SURES Height, maximum, defined Heritage commission Compensation . . . . .. .. Created Expenses Financial support Membership Minutes Officers Purposes Quorum Terms of office Vacancies . . . . . . . . . . . . Voting . . . . . . . . . . Heritage Conservation District Certificate of appropriateness re- view ........ Heritage conservation plan Landmarks Demolition or removal of herit- age landmark Permitted uses Public hearings Purpose Highest adjacent grade, defined. . . . . . . Hobby breeder, defined Home occupations Defined Generally 3652 Section 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 42-76 et seq. 42-697 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 42-460 42-468 42-461 42-457 42-459 42-456 42.690.1 42-691 42-692 42-60 e e e - e ZONING-Cont'd. Hotel, defined . . . . . . . . . . 1-1 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 Distriet Bulk regulations ................ Conditional uses ................ Design ........................ Lot size requirements ........... Permitted uses . . . . . . . . . . . . . . . . . . Signs. See herein that subject Use limitations . . . . . . . . . . . . . . . . . . . Identification sign, defined. . . . . . . . . . . . Industrial district defined. . . . . . . Inundated areas Flood plain zoning districts See herein: Flood Plain Zoning District Intent and purpose Intersections Obstructing visibility, generally Junkyard, defined . . . . . . . . . Kennels Zoning restrictions See: ANIMALS AND FOWL L-2 Light Inudstrial District Animal kennels . . . . . . . . . . . Kennels in general. See: ANI- MALS AND FOWL Catteries, locations Cats, etc., in general. See: ANI- MALS AND FOWL Owning of animals, Iimitati~ns on numbers L-3 Heavy Industrial District Catterie operations ........... Kennels, catteries, etc., in gen- eral. See: ANIMALS AND FOWL Dog kennels, etc. . . . . . . . . . . . . . . . . Dogs, kennels, etc., in general. See: ANIMALS AND FOWL Limitation on numbers of animals owned ... . . . . . . . . . . . . . . . . . Supp. No.7 Section 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 42-883 42-881 42-384 42-882 42-386 42-694 42-695 42-426 et seq. 42-2 42-81 42-696 7-1(17) 7-1(17) 7-1(5) 7-32 7-1(5) 7-1(17) 7-32 CODE INDEX 3653 ZONING-Cont'd. Landscaping, defined . . . . . . . . . . . . Laundry, defined ................ Laundry (self-service), defined .... Liability disclaimer Flood plain zoning district . . . . .. ... Limitations on reapplication. . . . .. ... Loading. See herein: Off-Street Loading Lodging house, defined ......... Lot area, defined Lot, corner, defined Lot coverage, defined .......... Lot depth, defined ............. Lot line, defined .................. Lot line, front, defined .......... Lot line, rear, defined ............ Lot line, side, defined . . . . . . . . . . Lot of record, defined ............. Lot size requirements Defined ................ District requirements. See herein specific districts Lot width, defined Lot, zoning, defined Lots Public utility facilities Lot size requirements and bulk reg- ulations ................ Lowest floor . . . . . . . . . . . . . . . . . . . Manufactured home Defined . . . . . . . . . . . . . . . . . . . . . Manufactured home park or subdivision Defined . . . . . . . . . . . . . . . . . . . . . . Manufactured home space. . . . . . . . . . . . Marquee sign, defined. . . . . . . . . . . . . . . May, construed. . . . . . . . . . . . . . . . . . . . . MH Mobile Home Park District Compliance Design Signs. See herein that subject Unused mobile home park MH-P Mobile home parks Compliance Conditional uses Permitted uses Unused mobile home park Use regulations MH-S Mobile home subdivisions Bulk regulations Conditional uses . . . . . . . . . . Lot size requirements Permitted uses ............... Use regulations Mini-warehouse, defined. . . . . . . . . . . . Mobile homes and trailers. . . . . . . . . . . See also: MOBILE HOMES AND TRAILERS Mobile sign, defined. . . . . . . . . . . . . . . . . Modular home .. . . . . . . . . . . . . . . . . . . . Motor freight terminal, defined Section 42-697 42-698 42-699 42-428 42-27 42-700 42-701 42-702 42-703 42-704 42-705 42-706 42-707 42-708 42-709 42-710 42-711 42-712 42-80 42-712.1 42-712.2 42-712.3 42-712.4 42-713 42-616(bX2) 42-225 42-216 42-226 42-225 42-223 42-222 42-226 42-224 42-221 42-218 42-220 42-217 42-219 42-714 22-1 et seq. 42-719 42-719.1 42-720 ZONING-Cont'd. Motor home, defined . . . . . . . . . . Nameplate sign, defined ........... New construction ..' . . . . . . . . . . . Nonconforming lot of record Defined .... . . . . . . . . . . . . . . Nonconforming structure, defined .. Nonconforming use Defined ...... . . . . . . . . . . . . . Nonconforming uses, bulk and signs Applicability . . . . . . . . Flood plain nonconformities . . . . . . Nonconforming lots of record .... Nonconforming signs Nonconforming structures Nonconforming uses Status of conditional uses . . . . . . . . Nonconformity, defined ........... North central regional planning com- mission . . . . . . . . . . . . . . . . See: PLANNING Nursing or convalescent home Defined ........................ Obstructions Intersection visibility .......... Occupancy certificates Administrative provisions .. Occupancy permit, defined Occupied or used Terms defined Office, defined Official map. See herein: Zoning Map Off-premise sign, defined Off-street loading Apolicability Off-street loading berth require- ments Standards for required off-street loading Off-street parking Applicability Off-street parking space require- ments Standards Oil and gas drilling, etc. ........ See: OIL AND GAS Open land, yard requirements .... Outdoor advertising signs. See here- in: Signs Outdoor storage, defined Package liquor store Defined Parking Off-street parking See herein: Off-Street Parking Parking garage, defined Parking lot, defined Supp. No.7 SALINA CODE Section 42-721 42-722 42-6 42-723 42-724 42-725 42-576 42-437 42-577 42-581 42-578 42-579 42-580 42-726 29-36 et seq. 42-727 42-81 42-596 et seq. 42-728 42-616(b)(4) 42-729 42-730 42-561 42-563 42-562 42-551 42-553 42-552 26-1 et seq. 42-77 42-728 42-732 42-551 et seq. 42-733 42-734 ZONING--Cont'd. Parking space, defined Partnerships Applicable definitions Penalties. See herein: Violations and Penalties Permits Administrative provisions Existing permits Fees . -.. -.. -. Sign permits See herein: Signs Permitted uses District requirements. See herein specific districts Person, construed Petitions, fees . . - . . . . . . . . . . Pharmacies, defined - . - - . . . . - Planned development districts Amendments ................... Approval, securing .... . . . . . . . . . . Establishment Procedure for obtaining 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 developments Planning commission - - . . - . . . Defined . . . . . . . . . . . See also: PLANNING Pole sign, defined ............... Preliminary plat, defined .......... Principal structure, defined ........ Principal use, defined . . . . . . . . . . Private club, defined .... - . . . . . . . . . Projecting sign, defined ........... Provisions Amendments . . . . . . . . . . . . See herein: Amendments Conflicts . . . . . . . . . Definitions for interpretation ... See also herein specific terms as defined Intent Interpretation . . - . - . . . . . . . . . Private provisions, conflicts ..... . Public provisions, conflicts Purpose Reservations and repeals Savings provisions Separability 3654 Section 42-735 42-616 42-596 et seq. 42-4 42-598 42-502 42-616(b) (3) 42-598 42-736 42-407 42-404 42-404 42-406 42-408 42-402 42-404 42-405 42-401 42-408 42-403 29-1 et seq. 42-737 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 42-600(a) 42-600(b) (2) 42-600(b) (1) 42-2 42-602 42-601 42-600(c) e e e - e ZONING-Cont'd. 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 Dis- trict Bulk regulations . . . . . . . . . . Conditional uses . . . . . . . . . . . Design . . . . . . . . . Lot size requirements ........... Permitted uses ................. Signs. See herein that subject R-2 MUltiple-Family Residential Dis- trict 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 . . . . . . . . . . . . . Lot size requirements ........... Permitted uses . . . . . . . . . . . . . Signs. See herein that subject Railroad right-of-way Defined Real estate sign Defined ... . . . . . . . . . . . . . . . . . . . . . . Reapplication Limitations. . . . . . . . . . . . . . . . . . . . . . Rear lot line, defined .. . . . . . . . . Rear yard, defined ............ Reconstruction . . . . . . . . . . Recreational vehicle, defined ...... Regulatory flood, defined ......... Remodeling, defined .............. Supp. No.7 CODE INDEX Section 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 42-204 42-202 42-746 42-747 42-27 42-748 42-749 42-6 42-750 42-751 42-752 3655 ZONING-Cont'd. Repeals. See herein: Provisions Residences Proximity of dance halls ..... Residential building, defined Residential zoning districts Catteries restrictions ....... A.nimals in general. See: ANT- MALS AND FOWL Defined ........................ Dog and cat kennels .......... See: ANIMALS AND FOWL Restaurant, defined .............. Retail sales, defined ............. Rezoning Certain provisions saved from repeal . Rezoning to a planned commercial district Amendments .................... Form of ordinance . . . . . . . . . . . . . . . . . Purpose. . . . . . . . . . . . . . . . . . . . . . . . . Recordingofapproval . . . . . . . . . . . . . . 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 District '--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 Sew- ers Shall, construed ............. Side lot line, defined . . . . . . . . . . . Side yard, defined Sidewalk construction ........ See: STREETS AND SIDE- WALKS Signs A-I Agricultural District C-l Restricted Business District C-2 Neighborhood Shopping Dis- trict ........ .............. C-3 Commercial District ........ C-4 Commercial District ........ C-5 Commercial District ........ C-6 Commercial District Certificates. See herein: Permits Section 6-47 42-753 7-1(5) 42-754 7-1(17) 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. 12-516 42-519 42-520 42-521 42-521 42-522 42-522 ZONING-Cont'd. Classification of signs Functional types Structural types Temporary signs ............... Definitions . . . . . . . . . . . . . . . . . . . . . . District requirements See also herein specific districts Exemptions, generally Zoning certificate requirements 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 Structure Defined Structures, nonconforming Nonconforming uses, bulk and signs See herein: Nonconforming Uses, Bulk and Signs Subdividing required prior to zoning Subdivision, defined Su bdivision regulations Defined See: SUBDIVISIONS Swimming pools, private Location of pools, compliance with zoning See: SWIMMING POOLS, PRIVATE Tavern, defined Temporary use, defined Temporary uses. See herein: Uses Tenses of terms Construed for interpreting provi- sions Terms defined See herein specific terms Territorial application Annexed land Title of provisions Topper, defined Trailer, defined Travel trailer. defined Supp. No.7 SALINA CODE Section 42-506 42-507 42-508 42-764 et seq. 42-516 et seq. 42-504 42-505 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 42-616(b) (5),42-783 42-576 et seq. 42-8 42-784 42-785 8-467 42-786 42-787 42-616(b) 42-616 et seq. 42-3 42-7 42-1 42-788 42-789 42-790 ZONING-Cont'd. Trees and shrubbery Intersection visibility, obstructing Regulations of . . . . . . . . . See: TREES AND SHRUB- BERY 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, defined U sed or occupied Terms defined .. Uses Accessory uses District requirements. See here- in specific districts Generally Limitations on use Bulk regulations for accessory structures Change in use, reconstruction, etc. Conditional uses District requirements. See here- in specific districts Generally Defined District requirements. See herein specific districts Home occupations Limitations on use Accessory structures and uses Nonconforming uses, bulk and signs See herein: Nonconf;>rming Uses, Bulk and Signs Number of structures and uses Zoning lot and access to lot, as to Permitted uses Accessory' uses District requirements. See here- in specific districts Generally Sewer and water facilities Temporary uses Utilities. See herein: Public Utility Facilities Variances Administrative variances . . . . . . . . . . . See also herein that subject 3656 Section 42-81 39-1 et seq. 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) 42-58(2) 42-6 42-57 42-793 42-60 42-58(3) 42-576 et seq. 42-61 22-58( 1) 42-56 42-62 42-59 42-597.1 e e e e e ZONING-Cont'd. Fees........................... . Flood plain district . . . . . . . . . . . . . . . . Planning, application fees. . . . . . . . . . . Violations and penalties Complaints of violations . . . . . . . . . . . . Notification ...................... Penalties ........................ Remedies ........................ Visibility at intersections. See herein: Intersections Vision clearance area Defined. . . . . . . . . . . . . . . . . . . . . . . . . . Wall sign, defined Walls Fences, walls, hedges, etc. See: FENCES, WALLS, HEDGES, AND ENCLO- SURES Water and sewers Approval . . . Water covered land Flood plain zoning district ...... See herein: Flood Plain Zoning District Wholesale sales, defined . . . . . . . . . . . . . Width, lot, defined. . . . . . . . . . . . . . . . . . Wind energy conversion system (WECS) Defined \Vords and phrases Definitions for interpreting pro- visions See also herein specific terms as defined Yard, defined Yard, front, defined Yard, rear, defined Yard, side, defined Yards and open spaces Fences, walls, hedges, etc. See: FENCES, WALLS, HEDGES, AND ENCLO- SURES Obstructions permitted in required yards Restrictions on allocation and dis- position of required yards, etc. YMCA, Y\VCA, Boy Scouts, Girl Scouts, Campfire Girls, and oth- er similar groupS Defined Zoninf:; appeals. See herein: Board .)f Zoning Appeals Zoning certificates Administrative provisions Fees Sign permits See herin: Signs Zoning lot, defined Supp. No.7 CODE INDEX Section 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 42-616 et seq. 42-800 42-801 42-802 42-803 8-401 et seq. 42-79 42-80 42-804 42-596 et seq. <12-598 42-502 42-805 ZONING-Cont'd. Zoning map Certain provisions saved from re- peal District boundaries on Generally Zoning permits. See herein: Permits Zoning regulations, defined 3657 Section 1-5 42-42 42-41 42-806