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City of Salina Code 1981 e SUPPLEMENT NO. 26, REVISION CODE City of SALIN A, KANSAS Looseleaf Supplement This Supplement No. 26, Revision is printed to correct errors appearing in Supplement 26, and is to be inserted as directed below. Remove old pages 415 through 418.1 -- 1833, 1834 / Index pages 1872.01, 1872.02 / Insert new pages 415 through 418.1 1833, 1834 Index pages 1872.01, 1872.02 e Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida February, 1981 , \ (\ '1 \ ~ ,0 ~' ')> e e SUPPLEMENT NO. 26 CODE OF ORDINANCES City of SALIN A, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 80-8768, enacted January 7, 1980. See Code Comparative Table, page 1834. e Remove old pages xxi, xxii, ~xiii > 417,418..\- 937,938 )..-- 1505, 1506 \ 1513, 1514 ), 1586.31, 1586.32 '\ 1833, 1834 ~ Index pages 1872.01, 1872.02 ~ 1981, 1982 ~\ Insert new pages xxi, xxii, xxiii ~ 417,418,418.1 - 937,938, 938.1 1505, 1506 - 1513, 1514 - 1586.31 through 1586.32.10 -- 1833, 1834 / Index pages 1872.01, 1872.02 - 1981, 1982, 1982.1 - Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIP AL CODE CORPORATION Tallahassee, Florida July, 1980 , t-.,O'< j e I ~"~ e e e SUPPLEMENT NO. 25 Iv CODE OF ORDINANCES City of SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 8757, enacted October 22, 1979. See Code Comparative Table, page 1834. Remove old pages xv through xviii \; 31, 32, 32.1 ,\-, 67 through 70 ..A 225 through 228 ~ 311 through 314.4 '\ 315, 316 .\ 323, 324 ..\ 341, 342 \: 347 through 351 ~ 359, 360 .i. 425, 426 ~ 437, 438 ~ 473 through 486 __\ 930.1, 931, 932 ).. 1089, 1090, 1090.1 -\ 1145 'through 1148 ~ 1611 through 1614 ~ 1833 ...\ Index pages 1841 through 1844 ~ 1847, 1848~' 1851 through 1854 ~ 1867, 1868 ~ 1889, 1890, 1890.1 \ Insert new pages xv through xviii --- 31, 32, 32.1 - 67 - 227, 228 . 313, 314 - 315, 316 <- 323, 324 ..' 341, 342 - 347 through 350 _ 359, 360 - 425, 426 ...- 437 through 441 - 473, 474 ...- 931, 932, 932.1 - 1089, 1090, 1090.1 - 1145 through 1148 - 1611 through 1614.1 _ 1833, 1834 ___' Index pages 1841 through 1844 1847, 1848 "~ 1851 through 1854.1 1867, 1868 ~ 1889, 1890, 1890.1 _ ,I'{ '\,') INSTRUCTION SHEET-Cont'd. 1901, 1902, 1902.1 ~'\ 1904.1 -- 1913, 1914, 1914.1 \-~ 1917 through 1920~. 1939, 1940, 1940.1 \;. 1957, 1958, 1958.1\, 1901, 1902, 1902.1 / 1904.1 - 1913, 1914, 1914.1- 1917 through 1920- 1939, 1940, 1940.1 ~ 1957, 1958, 1958.1./ Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida April, 1980 e SUPPLEMENT NO. 24 I - Lf - / CODE OF ORDINANCES SALINA, KANSAS City of Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 8713, enacted May 14, 1979. See Code Comparative Table, page 1833. Included in Appendix F -Charter Ordinances is: Charter Ordinance No. 17, adopted June 18, 1979. See Code Comparative Table, page 1833. Remove old pages Insert new pages xix through xxii ~ xix through xxiii 185, 186 ~\ 185, 186, 186.1 -- 191, 192 Jc 191, 192 _ 510.3 through 510.6 ~\ 510.3 through 510.6.1 _ 510.9 through 510.12 -\ 510.9 through 510.12 ~ 933 through 938 ~ 933 through 938 _ 989, 990 - 119i, 1192, 1192.1 ~ 1279, 1280 - 1379, 1380 ...- 1483 through 1486.1 .- 1489 through 1496.1 -' 1499 through 1502.01-- 1515 through 1520.1 - 1527 through 1544.5 or- 1551 through 1558 .,.-- 1561 through 1566 - ~\ 1586.37 through 1586.42_ 1586.81, 1586.82, 1586.82.1 - 1586.95, 1586.96 _ 1617, 1618, 1618.1 -r- e 1191, 1192 ~. 1279, 1280 ~. e 1483 through 1486>- 1489 through 1496 \- 1499 'through 1502 x 1515 through 1520 ~ 1527 through 1544~. 1551 through 1558 '" 1561 through 1566'.) 1586.37 through 1586.42 1586.81, 1586.82 .\ 1586.95, 1586.96 ~.\ 1617, 1618 \ INSTRUCTION SHEET-Cont'd. 1781, 1782 ).- 1831, 1832 --\ Index pages 1835 through 1838.1 -\- 1847 through 1850 -"'c 1863, 1864 -\-- 1867, 1868, 1868.1 ~ 1876.1 .\ 1891, 1892 ,,\ 1908.1, 1908.2 -;- 1926.1, 1926.2 ~ 1941, 1942 x 1945, 1946 :X:-' 1781 through 1785 1831, 1832, 1833 ~ Index pages 1835 through 1838.2 ~. 1847 through 1850.1 -- 1863, 1864 .- 1867, 1868, 1868.1 ---- 1876.1 . 1891, 1892 / 1908.1, 1908.2, 1908.3 1926.1, 1926.2 .-- 1941, 1942, 1942.1 - 1945, 1946, 1946.1 -- Insert this instruction sheet in front of volume. File deleted pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida December, 1979 e Supplement No. 23, Revision CODE OF ORDINANCES City of SALINA, KANSAS Looseleaf Supplement This revision Supplement is printed to correct errors ap- pearing in Supplement 23. Remove and insert pages as directed below. Remove Supp. No. 23 pages Insert Supp. No. 23, Rev. pages e 1567,1568 1586.4 7, 1586.48 1781,1782 1567,1568 1586.47, 1586.48 1781,1782 Retain the instruction sheet for each Supplement in the front of the Code volume. It is recommended that deleted pages be retained and filed for historical reference purposes. MUNICIPAL CODE CORPORATION Tallahassee, Florida September, 1978 e e e e SUPPLEMENT NO. 23 CODE OF ORDINANCES SALINA, KANSAS City of Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8630, en- acted March 27, 1978. See Code Comparative Table, page 1832. Remove old pages xv, xvi r\ xix, xx" 31, 32 " 67 345, 346 ,"'-. 1089, 1090 ~ 1093, 1094 -'\ 1479, 1480 "- 1513, 1514 ",/ 1537 through 1540'" . 1559 through 1586.6 -\ 1586.43, 1586.44 \- 1586.47 through 1586.54 ,\ 1'586.85, 1586.86 1586.95, 1586.96 \ 1765 through 1768 q- 1777, 1778\ 1831, 1832 \. Index pages 1839, 1840 \ 1847, 1848 > 1857, 1858 ;., 1913, 1914 Y' 1983, 1984 - '. Insert new pages xv, xvi - xix, xx \ 31, 32 - 67 through 70 -\-..... 345, 346 y- 1089, 1090 -.\ 1093 through 1096 .Y 1479, 1480 \ 1513, 1514 ~. 1537 through 1540.4 ",.. 1559 through 1586.6 -~ 1586.43, 1586.44 1586.47 through 1586.54.1"" 1586.8'5, 1586.86, 1586.86.1 ;, 1586.95, 1586.96 " 1765, 1766, 1767 1777 through 1782 1831, 1832 Index pages 1839, 1840, 1840.1 \ 1847, 1848, 1848.1 1857, 1858 \ 1913, 1914, 1914.1 1983, 1984 . \ INSTRUCTION SHEET-Cont'd. Retain the instruction sheet for each Supplement in the front of the Code volume. It is recommended that deleted pages be retained and filed for historical reference purposes. MUNICIPAL CODE CORPORATION Tallahassee, Florida August 2, 1978 e e e SUPPLEMENT NO. 22 CODE OF ORDINANCES SALINA, KANSAS City of Looseleaf Supplement This Supplement contains all ordinances deemed ad'risable to be included at this time through Ordinance No. 8563, enacted April 11, 1977. See Code Comparative Table, page 1832. Remove old pages xv through xviii ,)f. xxi, xxii \ 31, 32,. 65, 66':- 243, 244...\ 311, 312...-\ 315, 316:>< 323, 324,.\ 347, 348.l., 424.1 through 428 '"'\ 437 /< 815, 816 ,.,. 825 ' 851~ 852 859 through 862 r" 927 through 930 ~. 1035, 1036 ,\ 1145, 1146, 1147"'-\ 1323, 1324 ,;..c 1337 through 1340 1489 through 1502.1 ,\ 1529 throu.gh 1581 ~ 1625 throu~h 1629~. 1687, 1688-' 1727 through 1732 ~; 1831 \ Insert new pages xv through xviii ~. xxi, xxii ,.,. 31, 32, 65, 66, 67" 243, 244 . 311, 312, 312.1 . 315, 316 " 323, 324. 347, 348, 348.1 ,...' 425, 426, 427 - 437, 438 . 815, 816, 816.1 ,- 825, 826, 827 ......' 851, 852 859 through 862 r' 927 through 930 " 1035, 1036 .' 1145 through 1148 1323, 1324, 1324.1 .- 1337 through 1340.1-' 1489 through 1502.2 ' 1505 through 1586.96 1586.151- 1625 through 1628' 1687, 1688, 1688.1"'--. 1727 through 1732.2 1831, 1832 , , . , " INSTRUCTION SHEET-Cont'd. . Index pages 1841 through 1846" 1853 through 1856 A' 1863, 1864- 1869, 1870..--' 1888.1, 1889, 1890 ~ 1915 through 1918 A 1927, 1928, 1928.1 A-- 1955 through 1958-\ 1973 through 1976~' 1979 through 1984-\ Index pages 1841 through 1846.1- 1853 through 1856 ~ 1863, 1864~- 1869, 1870.... 1889, 1890, 1890.1 1915 through 1918.1~- 1927, 1928, 1928.1 -- 1955 through 1958.1 .- 1973 through 1976.1'. 1979 through 1984 ~'^ Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORA TION Tallahassee, Florida August 1, 1977 e SUPPLEMENT NO. 21, REVISION CODE OF ORDINANCES City of SALINA. KANSAS Looseleaf Supplement This revision Supplement is printed to correct errors ap- pearing in Supplement 21. Remove and insert pages as di. rected below. Remove Supp. No. 21 pages 493, 494 - 499. 500 510.3 through 510.6 " 510.11, 510.12 / Insert Supp. No. 21, Rev. pages 493, 494 .. 499, 500 510.3 through 510.6 / 510.11, 510.12 / e Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida May 2, 1977 e e SUPPLEMENT NO. 21 SALINA CODE SALINA, KANSAS City of Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8492, enacted May 24, 1976. See Code Comparative Table, page 1831. Remove old pages e v, vi xvii through xxii ~ 39, 40' V 493 , 695 through 720' -, 821, 822 851 through 858 \- 1291 A 1499, 150'0', 150'0'.1 1529 through 1532\ 1547, 1548 \ 1562.7 through 1562.10' \. 1569 through 1572 ')', 1829, 1830' ~ Index pages , 1865, 1866 \ 1871, 1872 1885, 1886 1893, 1894, 1894.1 190'1, 190'2 190'7, 190'8 190'9, 1910' 1925, 1926 1967, 1968 1979 through 1983 ~- e Insert new pages v, vi xvii through xxii 39 through 40'.2 493 through 510'.12 ___ 695 821, 822, 822.1 / 851 through 862-- 1291,-- 1499, 150'0', 150'0'.1 --- 1529 through 1532.1"'- 1547, 1548 .- 1562.7 through 1562.26 - 1569 through 1572 ...- 1829, 1830, 1831 - Index pages 1865, 1866 1871 through 1872.0'2 _-- 1885, 1886 1893, 1894 190'1, 190'2, 190'2.1"..' 190'7 through 190'8.0'3 _- 190'9, 1910', 1910'.1 .- 1925, 1926 1967 1979 through 1984 ' INSTRUCTION SHEET-Cont'd. Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida September 27, 1976 e e e SUPPLEMENT NO. 20 SALINA CODE SALINA, KANSAS City of Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8471, en- acted January 26, 1976. See Code Comparative Table, page 1830. Remove old pages xvii, xviii ~ xxi, xxii ;- 185, 186.\.: 190.1 through 194.1 ' 311, 312 ., 325, 326 .-" 333, 334 -"- 357, 358"'-" 423, 424 )-. 427 through 435\ 823, 824 A 901, 902..\ 1191 through 1196 .;.;.' 1547, 1548 -'( 1655 through 1662 ,\ 1773 ., 1829, 1830 .)<. Index pages 1837, 1838 ). 1839, 1840, 1840.1 <-K/' 1859, 1860 ;., 1907, 1908 /. 1913, 1914 ~ 1923, 1924 .' 1959, 1960 v' 1963, 1964 ... Insert new pages xvii, xviii - xxi, xxii 185, 186- 191 through 194.1 ~ 311, 312 325, 326 333, 334, 334.01 ~,. 357, 358- 423, 424, 424.1 .' 427 through 437 - 823, 824 901, 902, 902.1 - 1191 through 1202 ' 1547, 1548, 1548.1 ; 1655 through 1661 -'- 1773 through 1778- 1829, 1830 .' Index pages 1837, 1838 1839, 1840 .- 1859, 1860, 1860.1 ~ 1907, 1908 ~- 1913, 1914 1923, 1924, 1924.1 1959, 1960 . 1963, 1964, 1964.1 INSTRUCTION SHEET-Cant'd. Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida April 12, 1976 e e . SUPPLEMENT NO. 19 SALINA CODE SALINA, KANSAS City of Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8420, en- acted January 6, 1975. See Code Comparative Table, page 1815. Remove old pages 91 .-r.- 229, 230 / 235 through 238 _\' . 243 through 247 \c..- 314.7 through 318 0..-- 325, 326 " . 333, 334 33~.1, 336.2 _/ / 39~fthrough 342;".- 345 through 352 ~ 355, 356 "'- 363, 364 Y\ 415, 416 ;.. 421 through 426 -" 431, 432 587, 588~/ 755, 756 815 through 818 lo- 821 through 825 '" 853 through 856 ~. 1229, 1230 1285, 1286 > 1325, 1326 ' 1351 through 1354 1397, 1398 ." 1429, 1430 1437 through 1440 \ 1449, 1450\ Insert new pages 91 229, 230 235 through 238 243 through 247 _../ 315 through 318.2 325, 326 333, 334 --- 336.1, 336.2 -.-- 339 through 342 345 through 351 - 355, 356 363, 364 415, 416 421 through 426 431, 432 / 587, 588 755, 756 815 through 818.1 .-- 821 through 825 853 through 856 1229, 1230 1285, 1286 1325, 1326, 1326.1 1351 through 1354 1397, 1398 1429, 1430 1437 through 1440 1449, 1450 INSTRUCTION SHEET-Cont'd. Index pages 1931, 1932 1451, 1452 1485, 1486 1547 through 1550 1829, 1830 - Index pages 1931, 1932 . 1451, 1452 >, 1485, 1486 " 1547 through 1550 - \ 1829 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIP AL CODE CORPORATION Tallahassee, Florida May 1, 1975 e SUPPLEMENT NO. 18 SALINA CODE SALINA, KANSAS City of Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8364, en- acted August 26, 1974. See Code Comparative Table, page 1815. e Remove old pages xvii through xxi ~ 179, 180, 311, 312 ./- 314.5, 314.6, 314.7"-- 323, 324 ,_' 433, 434 - 695, 696 717 855, 856, 856.1 1145 through 1148.3-' 1193 through 1196 1443, 1444_ 1769, 1770 1829 Index pages 1853, 1854 . 1863, 1864 1893, 1894./ 1904.1 1908.1 through 1916.1- 1923, 1924 . Insert new pages xvii through xxii 179, 180 311, 312 .' 314.5, 314.6, 314.7' 323, 324 433, 434, 435 695, 696,696.1 717 through 720- 855, 856, 856.1 --' 1145, 1146, 1147 1193 through 1196 .. 1443, 1444-.. 1769 through 1773 ' 1829 Index pages 1853, 1854, 1854.1 1863, 1864. 1893, 1894, 1894.1 1904.1 1908.1 through 1916 1923, 1924 - INSTRUCTION SHEET-Cont'd. Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida November 7. 1974 e SUPPLEMENT NO. 17 SALINA CODE SALINA, KANSAS City of Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8317, enacted November 12, 1973. See Code Comparative Table, page 1815. e Remove old pages xv through xxi /" 31, 32 65 through 68 336.1, 336.2 347, 348 493 through 502 683 through 709 1145, 1146 ~ 1159 1277 through 1280 /- 1289 1827, 1828 Index pages 1861, 1862 1865, 1866 / 1871, 1872 1883 through 1888 ~ 1891 through 1896.1 1908.1, 1908.2 1915, 1916, 1916.1 c 1922.1 through 1926 1971, 1972 . Insert new pages xv through xxi 31, 32, 32.1 65, 66 336.1, 336.2 347, 348 493 663 through 690 695 through 717 / 1145, 1146, 1146.1" 1159, 1160, 1161 1277 through 1280.1 1289, 1290, 1291 - 1827, 1828, 1829 -- Index pages 1861, 1862 1865, 1866, 1866.1 1871, 1872- 1883 through 1888.1 1891 through 1896 1908.1, 1908.2 1915, 1916, 1916.1 1923 through 1926.2 - 1971, 1972, 1972.1 INSTRUCTION SHEET-Cont'd. Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida January 28, 1974 e e . SUPPLEMENT NO. 16 SALINA CODE City of SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8275, enact- ed February 5, 1973. See Code Comparative Table, page 1815. Remove old pages /'Xv, xvi -1:'ix, xx, xxi 189, 190 -....811, 312 ----835, 336 '~52.1 through 354 --361, 362, 362.1 ---427, 428 --515, 516 ....-823, 824 ---1145, 1146 -1443, 1444 .---l490.1, 1490.2 ------1827, 1828 Index pages A07, 1908, 1908.1 1915, 1916, 1916.1 Insert new pages ~, xvi ~ix, xx, xxi -189, 190, 190.1 -811, 312 -334.1, 334.2, 335 -8-52.1 through 354 ---361, 362, 362.1 --427 through 434 -a-15, 516 -828, 824 ----lT45, 1146 ---1443, 1444 ----M90.1, 1490.2 -1633 through 1650 .--l827, 1828 Index pages ---lmJ7 through 1908.2 1915, 1916, 1916.1 Place this instruction sheet inside front cover of Code. Re- tain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida April 10, 1973 e SUPPLEMENT NO. 15 SALINA CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains aU ordinances deemed advisable to be included at this time through Ordinance No. 8251, en. acted October 16, 1972. See Code Comparative Table, page 1815. e Remove old pages '-479, 480 <--'fOl, 702 >Li1r45 through 1148 L-f531, 1532 .---fl)43, 1544 ~73 through 1578 <---1827, 1828 Index pages "-tS93, 1894 <-W15, 1916 .....1979, 1980 Insert new pages 479, 480, 480.1 701 through 702.7 1145 through 1148.3 1531, 1532 1543, 1544, 1544.1 1573 through 1578.1 1827, 1828 Index pages 1893, 1894, 1894.1 1915, 1916, 1916.1 1979, 1980 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. Tallahassee, Florida MUNICIPAL CODE CORPORATION January 22, 1973 e e e e SUPPLEMENT NO. 14 SALINA CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8232, en- acted July 17, 1972. See Code Comparative Table, page 1815. Remove old pages xv through xviii )., 35, 36 .'v 311, 312 \ 314.5;' 314.6, 314.7' 337, 338 ' 344.1!through 350' 359, 360.0- 425, 426 522.1 through 528 ~ 683 through 701 t: 921, 922 .;- 1033, 1034~' 1193, 1194,- 1195 v 1443, 1444 ;Y- 1551 through 1556 i 1655 through 1658 ~ 1767,,- 1825, 1826, 1827 Index pages 1851 'through 1856~- 1875, 1876 1891 through 1896 1922.1 1927, 1928, 1928.1 1961, 1962 1978.1 through 1982 Insert new pages xv through xviiLi 35, 36, 36.1 j 311, 312 -' 314.5, 314.6, 314.7- 336.1,/336.2; 337 345 through 349 359, 360 .--. 425 through 428.- 523 through 527- 683 through 709 921, 922, 922.1 1033, 1034 - 1193 through 1196 1443, 1444 1551 through 1556.8 1655 through 1658.1 1767 through 1770 1825 through 1828 - Index pages 1851 through 1856.1 . 1875, 1876, 1876.1 1891 through 1896.1..- 1922.1 1927, 1928, 1928.1 . 1961, 1962 1979 through 1983 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida September 20, 1972 e SUPPLEMENT NO. 13 SALINA CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8164, en- acted June 28, 1971. See Code Comparative Table, page 1815. e Remove old pages 190\' 19"1, 19~\ 273~7 4. 279'\hrough 28'6 31~, 314:6\ 31~.'1, 3,1~ 323;.3~4' 3ar; 3g-g 34S;3414 / 35Ji;1, 3m:lj5~ 1827./ . . Insert new pages 191, 192, 192.1 273';?7 4 ~. _ 279'through 291 314m. 314:6 316.1, 316.2 323,324 337,338,338.1 34a,344,344:1, 351 through 352.2 182Y Index pages 1843 184:t 1866\ 186~, 1~ 191!7,'19l8 Index pages 1843, 1844, 1844~1 1867, 1868;1868:1 ... 1917, 1918. Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida October 7, 1971 . ~s I' . e SUPPLEMENT NO. 12 SALINA CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8143, en- acted February 1, 1971. See Code Comparative Table, page 1815. e Remove old pages xv through xviii 41, 42 189, 190 193, 194 311, 312 347 through 350 361, 362 523 through 526 559 1003, 1004 1011, 1012 1033 1449, 1450 Insert new pages xv through xviii 41, 42 189, 190, 190.1 193, 194, 194.1 311, 312 347 through 350.1 361, 362, 362.1 523 through 526 559 through 562 1003, 1004 1011, 1012, 1012.1 1033 through 1036 1449, 1450, 1450.1 1827 Index pages 1837, 1838 1877, 1878 1896.1, 1897, 1898 1917 through 1920 1923, 1924 1978.1 Index pages 1837, 1838 1877, 1878, 1878.1 1897, 1898, 1898.1 1917 through 1920 1923, 1924 1978.1 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORA TlON e Tallahassee, Florida April 13, 1971 e SUPPLEMENT NO. 11 SALINA CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8118, en- acted October 26, 1970. See Code Comparative Table, page 1815. e Remove old pages 311 through 314 \;-. 417 through 420\ 1011 through 1014 ~\ 1023, 1024,. / 1027, 1028, 1028.1 1443, 1444 1825, 1826 Index pages 1845, 1846 \ 1853, 1854 1894.1, 1895, 1896 1903, 1904 \ 1927, 1928 1969, 1970 / . Insert new pages 311 through 314.7 417 through 420 ,/ . 1011 through 1014.1 1023, 1024, 1024.1 J_ 1027, 1028, 1028.1 1443, 1444 // 1825, 1826 v Index pages 1845, 1846 1853, 1854 ~,/ 1895, 1896, 1896.1 1903, 1904 1927, 1928 1969, 1970 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida November 25, 1970 e e SUPPLEMENT NO. 10 SALINA CODE SALIN A, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8095, en- acted July 20, 1970. See Code Comparative Table, page 1815. Remove old pages 903 through 906 1225 through 1232 1825, 1826 Index pages Insert new pages 1921, 1922 ~-- 903 through 906.1 1225 through Ig33/.-,..' 1825, 1826 V","' Index pages 1921, 1922 ~ e Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida August 11, 1970 e e SUPPLEMENT NO. 9 SALIN A CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains aU ordinances deemed advisable to be included at this time through Ordinance No. 8087, en. acted June 15, 1970. See Code Comparative Table, page 1815. Remove old pages xv, xvi ../' 31, 32 v 65, 66 ~ 347, 348 ./ 473 through 485Y e 521, 522./ ./ 854.1, 855, 856 931, 932 v 1353, 1354-- 1490.1 through 1492'/ 1499, 1500 v 1531, 1532./ 1825, 1826 v Index pages 1849, 1850./ 1860.1 through 1866 / 1870.1, 1871, 1872 v 1890.1, 1891, 1892./ 1903, 1904/ 1924.1 through 1928'/ Insert new pages xv, xvi v' 31, 32 --- 65 through 68" 347, 348 473 through 486, 493 through 502 521, 522, 522.1/ 855, 856, 856.1 ~ 931, 932 v 1353, 1354 1490.1 through 1492' / 1499, 1500, 1500.1 v 1531, 1532 t/ 1825, 1826 / Index pages 1849, 1850 / 1861 through 1866.1./ 1871 through 1872.2 v 1891, 1892';/ 1903, 1904, 1904.1 v 1925 through 1928.1 v Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION e Tallahassee, Florida July 14, 1970 j .1v ~Jj~ e e e SUPPLEMENT NO. 8 SALIN A CODE SALIN A, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8048, en- acted October 6, 1969. See Code Comparative Table, page 1815. Remove old pages -xvt:hrough 'xviii 187 through 190 311 through 316 347 through 414 511, 512 683, 684 691 through 696 821, 822 927 through 930 1562.9, 1562.10 1825, 182.6 Index pages 1851 through 1854 1872.2, 1873, 1874 1885 through 1888 1893, 1894, 1894.1 1917 through 1920 InseTt new pages \. /# xv through xvii~ 187 through 190 ' 311 through 316.~ --\-.. 347 through 369~,-'- 511, 512, 512.1 683, 684 -~\- 691 throuih, 696.1j"- ," 821, 822 - \ 927 through 930.1 1562.9, 1562.10<..---""'\-- 1825, 1826t--V- Index pages ./ 1851 throug~\~~-"\' 1873, 187 4 ~.-:: '. 1885 through 188&.....<..~ 1893, 1894, 1894.H"'" 1917 through 1920 " Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida December 3, 1969 e SUPPLEMENT NO. 7 SALIN A CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 8021, en- acted May 5, 1969. See Code Comparative Table, page 1815. Remove old pages Insert new pages e xv, xvi 33, 34 345, 346 413 through 418 523 through 526 529, 530 533, 534 - 1277 through 1280 1489, 1490 1825 xv, xvi 33, 34 .....-: 345, 346-\ 413 through 418 -\ 523 through 526.1 529, 530 533, 534 \ 1277 through 1280 1488.1, 1488.2, 1489- 1825, 1826 Index pages 1852.1, 1853, 1854 1877, 1878 1889, 1890 1973 through 1978 Index pages 1853, 1854, 1854.1 187,7, 1878 1889, 1890, 1890.1' 1973 through 1978.1 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida 6-28-69 e e e e SUPPLEMENT NO.6 SALINA CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 7077, en- acted August 12, 1968. See Code Comparative Table, page 1815. Remove old pages ~."'~9,:~W /~,'-:ffl4- ./fi89, 190 //3-13;--314 /361;362 ~o;; llifougn'T224- /lLM'lthro111th'1-iffi-:t'.- ./ /1765 /~1823, 1824, 1825 // Index pages ~35, 183-6;'-l:8Bfr.i--~ /1847 through 1852 1~89, 1890 _ .' i-8-97, 18~'-- 1906.2, 1907, 1908 /1920.2, 1921, 192'2 /A92fi.l~--19213:Z'" /1927...threttgh--H)OO- ::lOO-9,Ht4(}-- /./494~;1944 --4.97], 1972. Insert new pages -xix, xx, x1fi 149; 150 183; 184 189, 190 8T3through 3M;2-- 36-1-; 3~2,362.1 1033 -t2zrnrtougJi-r2ST' --1447 through 1454 -1765, 1766, 1767 1823,1824,1825 Index pages 1835,1836, 1836.1 1847 through 1852.1 1889, 1890 1897, 1898 19Oi,190S-;Tg08:r 1921;'1-922;"t92Z:t' 1-926:1 . --l%2'l---ttrrougn-I9'3'(J.t ~g.; .1940,-l94(U,....-. +94&,-1944,,-1944:1:-- ~1,--l-9--72 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida 1-31-69 e SUPPLEMENT NO.5 SALINA CODE SALIN A, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 7039, en- acted January 29, 1968. See Code Comparative Table, page 1815. 1825 Inse1't new pages xv through xx - 185, 186 235, 236 243, 244 - 311, 312 417, 418 421 through 426 ". 823, 824, 825 853, 854, 854.1 1449 through 1452 1561 through 1562.10 1587 through 1599 1825 e Remove old pages xv through xx 185, 186 235, 236 243, 244 311, 312 417,418 - 421, 422 823, 824, 825 853, 854 ~ 1449 through 1452 1561, 1562 1979 through 1982 Index pages 1835, 1836, 1836.1 1851, 1852 1867 through 1870.1 1900.1 1979 through 1982 Index pages 1835, 1836\ 1851, 1852 1867 through 1870 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION e Tallahassee, Florida 3-29-68 e SUPPLEMENT NO. 4 SALINA CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 7011, en- acted August 21,1967. See Code Comparative Table, page 1815. Remove old pages Insert new pages xv, xvi \ 1926.2 1965, 1966 \ xv, xvi 457, 458 973, 974, 974.1 1825 Index pages 1859, 1860, 1860.1 1862.2 1864.2 1906.2 1920.2 1926.1, 1926.2 1965, 1966 973, 974 . \ 1825 Index pages 1859, 1860 1862.2 e ],,, j, Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida 9-26-67 e e e e SUPPLEMENT NO.3 SALIN A CODE SALINA, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 7002, en- acted, July 10, 1967. See Code Comparative Table, page 1815. Remove old pages 5,6 149 239, 240 313, 314 327, 328 \ 353, 354 361, 362 397, 398 401 through 404 409, 410 413, 414 531, 532 685 through 688 697 through 701 1027, 1028 1089, 1090 1717 through 1720 1823, 1824 Insert new pages 5, 6 149, 150 - 239, 240 313, 314 327, 328 353, 354, 354.1 361, 362 397, 398, 398.1 401 through 404 409, 410 413, 414, 414.1 - 531, 532 685 through 688.1 697 through 701 1027, 1028, 1028.1 1089, 1090, 1090.1 1717 through 1720.2 1823, 1824, 1825 Index pages 1837, 1838 1887, 1888 1891 through 1894 1910.1, 1910.2 Index pages 1837, 1838, 1838.1 1887, 1888 - 1891 through 1894.1 1910.1, 1910.2 1912.2 1921 through 1924.1 1921 through 1924 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida 8-18-67 e SUPPLEMENT NO.2 SALIN A CODE SALIN A, KANSAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 6954, en- acted January 30, 1967. See Code Comparative Table page 1815. e Remove old pages xv, xvi 63,64 179, 180 189, 190 401, 402 - 409, 410 1487 through 1490 1501, 1502 1763, 1764 1823, 1824 Imert new pages xv, xvi 63 through 66 179, 180, 180.1 189, 190 401, 402 409, 410 1487 through 1490.2 1501, 1502., 1502.1 1763, 1764, 1765 1823, 1824 Index pages 1840.1 1848.2 1862.2 1872.2 1910.1, 1910.2 1926.2 1974.1, 1974.2 Place this instruction sheet inside front cover of Code. Re- tain until each subsequent Supplement is inserted. MUNICIPAL CODE CORPORATION Tallahassee, Florida 3-16-67 e e SUPPLEMENT NO. 1 SALINA CODE Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through Ordinance No. 6930, en- acted August 15, 1966. See Code Comparative Table page 1815. Remove old pages 727, 728 ~ 1029, 1030 ---- 1823, 1824 ..v- Insert new pCLges 727 through 730 1029, 1030, 1030.1 1823, 1824 e Index pages Index pages 1913, 1914 \ 1913, 1914 1927, 1928 \ 1927, 1928 1935, 1936 1935, 1936 1939 through 1942 1939 through 1942 Place this instruction sheet inside front cover of Code. Retain until each subsequent Supplement is inserted. MUNICIP AL CODE CORPORATION Tallahassee, Florida 1-9-67 e e SALINA CODE CONTAINING GENERAL ORDINANCES of the CITY OF SALINA, KANSAS e ADOPTED, NOVEMBER 21, 1966 EFFECTIVE, JANUARY 1, 1967 PUBLISHED BY ORDER OF THE BOARD OF COMMISSIONERS e MUNICIPAL CODE CORPORATION TALLAHASSEE, FLORIDA 1966 Copyright 1966 Municipal Code Corporation Tallahassee, Florida e OFFICIALS of the CITY OF SALINA, KANSAS AT THE TIME OF THIS CODIFICATION G. N. WADDELL Mayor e RALPH EXLINE CARL RUNDQUIST ROBERT M. STARK CHARLES CASEBEER Commissioners NORRIS D. OLSON City Manager L. O. BENGTSON City Attorney . H. E. PETERSON City Clerk iii e e e PREFACE This Code constitutes a complete codification of the ordi- nances of a general and permanent nature enacted by the board of commissioners, and is the first such codification for Salina since 1960. As expressed in the Adopting Ordinance, this Code super- sedes all general and permanent ordinances not included here- in or expressly saved from repeal by the Adopting Ordinance. The Code contains only ordinances of a general and perma- nent nature prescribed for and affecting the public as a whole. Special ordinances or ordinances dealing with only a portion of the inhabitants of the City, rather than all of them, or re- lating to special purposes, such as ordinances levying special assessments, providing for bond issues, paving, vacating and opening specified streets, etc., are not included herein. For a more specific enumeration of the type of ordinances which are not included herein, see Section 3 of the Adopting Ordi- nance. The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Appropriate footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. Also, the source of each section is included in the history note ap- pearing 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. The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the sec- tion within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourteenth section of Chapter 20 is 20-14. Under this system, each section is identified with its chapter, and, at the same time, new sections, or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illus- tration: If new material consisting of three sections that Supp. No. 21 v would logically come between sections 4-4 and 4-5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2 and 4-4.3, respectively. New chapters may be included by the addition of a letter after the preceding chapter number, for example, if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12A, 12B, 12C, etc. Care should be taken that the alphabetical arrange- ment of chapters is maintained when including new chapters. 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 assigned to the article or division. A special feature of this Code is the looseleaf system of binding and supplemental servicing for the Code. With this looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be re- printed. These new pages will be distributed to the holders of the Codes with instructions for the manner of inserting the new pages and deleting the obsolete pages. The successful maintenance of this Code up-to-date at all times will depend largely upon the holders of the volume. As revised sheets are received, it will become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the pub- lishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all de- leted pages be saved and filed for historical reference pur- poses. The general index of the Code 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 in language generally used by city 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 interested. The publication of this Code was under the direct super- vision of George R. Langford, President, and C. Julian Man- Supp. No. 21 vi e son, Editor, of the Municipal Code Corporation. Credit is gratefully given to Fred L. Sheppard, who prepared the index, and to the other members of the publisher's staff for their sincere interest and able asistance throughout the project. The publishers are most grateful to Mr. L. O. Bengtson, City Attorney, Mr. Norris Olson, City Manager, Mr. H. E. Peterson, City Clerk, and other city officials for their super- vision, cooperation and interest during the progress of the work on this Code. This Code is presented for the use and benefit of the citizens of the City of Salina, Kansas. MUNICIPAL CODE CORPORATION Tallahassee, Florida November, 1966 e e vii e e e ORDINANCE NO. 6944 An Ordinance Adopting and Enacting a New Code of Ordi- nances for the City of Salina, Kansas; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for the Effective Date Thereof and a Penalty for the Violwtion Thereof; and Providing for the Manner of Amending Such Code. Be It Ordained by the Governing Body of the City of Salina, Kansas : Section 1. The Code of Ordinances, consisting of Chapters 1 through 35, 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, as authorized by Ordinance No. 6915, is hereby adopted and enacted as the "Salina Code," and the same shall be treated and considered as a new and comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the Board of Commissioners on or before June 20, 1966, to the extent provided in Section 2 hereof. Section 2. All provisions of such Code shall be in full force and effect from and after the 1st day of January, 1967, and all ordinances of a general and permanent nature enacted by the Board of Commissioners on or before the 20th day of June, 1966, and not included in such Code or recognized and con- tinued in force by reference therein, are hereby repealed from and after the 1st day of January, 1967, except as otherwise provided in section 3 hereof. Section 3. The repeal provided for in section 2 hereof shall not affect any of the following: (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 such 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 in- debtedness, or the cancellation of same; (3) Any contract or obligation of the city; ix (4) Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use; (5) Any ordinance dedicating, establishing, opening, re- opening, naming, renaming, widening, narrowing or vacating any street, boulevard, 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 otherwise re- lating to any public improvement; (8) Any ordinance creating districts for public improve- ments of any kind or nature; (9) Any ordinance establishing or changing the limits of the city or pertaining to annexations, additions or ex- clusions; (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, privilege, easement or franchise to any person, firm or corporation; (13) Ordinances prescribing traffic regulations for specific streets or areas, such as, but not limited to, ordinances designating one-way streets, through streets, stop in- tersections or intersections where traffic is to be con- trolled by signals, and ordinances prohibiting, restrict- ing, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas; (14) Ordinances creating positions or offices and prescrib- ing salaries, not inconsistent herewith; (15) Charter ordinances; (16) Any ordinance approving, dedicating, accepting, desig- nating, redesignating or vacating any plat; (17) Ordinance No. 6613, Zoning, and amendments thereto and ordinances amending the zoning map or zoning or rezoning specific property; (18) Any joint city-county resolution or ordinance; (19) The repeal provided for by section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance repealed by this ordinance. x e e e Section 4. Wherever in such 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 gen- eral penalty to an article or chapter is prescribed, the viola- tion of any such provision of such Code 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 imprisonment, at the discretion of the court. Each day any violation of said Code continues shall constitute offense. Section 5. Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the Board of Commissioners to make the same a part thereof, shall be deemed to be incorporated in such Code so that refer- ence to the "Salina Code" shall be understood and intended to include such additions and amendments. Section 6. 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 section 1-8 of such Code shall apply to the section as amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty 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. Section 7. One (1) copy of such Code shall be kept on file in the office of the city clerk with the ordinance books of the city, and such copy shall constitute an ordinance book, as provided in section 12-3015 of the Kansas Statutes Annotated. It shall be the duty of the city clerk, or someone authorized by him, to maintain such copy by inserting in their designated places all amendments and ordinances which indicate the in- tention of the Board of Commissioners to make the same a part of such Code, when the same have been printed or re- printed in page form, and by extracting from such copy all provisions which are repealed by the Board of Commissioners. This copy of such Code shall be available to all persons desir- ing to examine the same. Section 8. It shall be unlawful for any person to change 01' amend, by additions or deletions, any part or portion of such Xl 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 of Salina to be mis- represented thereby. Any person violating this section shall be punished as provided in section 4 of this ordinance. Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. This ordinance shall be in effect on and after the 1st day of January, 1967, and shall be published once in the official city newspaper following its adoption and passage. ADOPTED AND PASSED by the Board of Commissioners of the City of Salina, Kansas, this 21st day of November, 1966. /s/ G. N. WADDELL Mayor (SEAL) ATTEST: /s/ H. E. PETERSON City Clerk CERTIFICATE OF CITY CLERK STATE OF KANSAS SALINE COUNTY I, H. E. PETERSON, City Clerk of the City of Salina, Kansas, do hereby certify that the ordinances codified and published in the "Salina Code," consisting of Chapters 1 to 35 both inclusive, are the ordinances authorized to be codified and published by the Board of Commissioners of said city by Ordinance No. 6915, published in the Salina Journal on the 29th day of April, 1966. I FURTHER CERTIFY that this volume constitutes a true and correct copy of the "Salina Code," as adopted by Ordi- nance No. 6944, passed and adopted by the Board of Com- missioners on the 21st day of Nov., 1966, and published in said official city newspaper on the 25th day of November, 1966. I FURTHER CERTIFY that all ordinances first published herein, which were passed to take effect upon their publica- tion in the "Salina Code," will take effect and be in force from and after the 1st day of January, 1967. xii e IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said city at my office in Salina, Kansas, this 25th day of November, 1966. /s/ H. E. PETERSON City Clerk (SEAL) e e xiii e e e TABLE OF CONTENTS Page List of Officials --mn------n_______n_n__________n_____________________h__ . iii Preface -----~------"----------------------------------_._----------------------------------- v Adopting Ordinance -------------------------______n___________________________ ix CODE OF ORDINANCES Chapter 1. General Provisions ----------h-----h___________n_____________h_____ 1 2. Administration -------------hn--__h_____m_n_______hu__n___________ 31 Art. I. In General --h-------------h_-_h__________nn_h___m_ 31 Art. II. Board of Commissioners _______________________ 35 Art. III. Officers and Employees Generally ____ 37 Art. IV. City Manager ----____________________________________ 44 Art. V. Administrative Departments --__m____h__ 46 Div. 1. Generally___m_________________________________ 46 Div. 2. Department of Law n_______________h___ 49 Div. 3. Department of Service _________________ 51 Div. 4. Department of Public Health ________ 53 Div. 5. Department of Safety __h_______________ 53 Div. 6. Department of Finance ________________ 54 Div. 7. Department of Water and Sewer- age ---h--______________n______________________ 60 Art. VI. Investment of Temporary Idle Funds 62 Art. VII. Salina Arts. Commission --------______h___ 65 Art. VIII. Reserved -- -----------------______nh__n_______ 67 3. Advertising ----- ---- ----n---------h---__________________n______n_ 89 4. Air Pollution ----u-------------------________________n_____h__________ 117 5. Airport n-nnh--n--________n_____n______h___h________h_____________ 117 6. Alcoholic Beverages --------------n------________________________m____ 175 Art. I. Alcoholic Liquor -----mn____________n__n________ 175 Art. II. Cereal Malt Beverages ------------____m_____nn 185 Art. III. Class B Clubs n_m_______n___m________________ 197 7. Amusements and Recreation ----------n_-----________________h_ 227 Art. I. Reserved --------------------------______h_________________ 227 Supp. No. 25 xv SALINA CODE Chapter Page Art. II. Carnivals, Circuses and Tent Shows ---- 227 Art. III. Public Dances________________________n___m___ 230 Art. IV. Billiards, Pool and Shuffleboard -------- 237 Art. V. Entertainment in Food Establishments 243 Art. VI. Arcades _________m_n___________m_____m_m________n 245 Art. VII. Music Machines __________________n_n______n_ 246 8. Animals and Fowl _________m________________m_______________________ 273 Art. I. In General _______________________m_______n___________ 273 Art. II. Dogs ____________n___________m________________________n____ 280 9. Buildings and Structural Appurtenances _________n_______ 313 Art. I. In General _____________m_mm___________________________ 313 Art. II. Building Code _________________n___h________________ 314.6 Art. III. Awnings, Canopies and Marquees -------- 318 Art. IV. Signs ______m___________m________________________________ 323 Art. V. TV and Radio Towers and Antennae ---- 328 Art. VI. Electrical Code ____________m_________n_m_n__n_ 328 Div. 1. Generally _______________m_____h_____m__n_____ 328 Div. 2. Contractors _________________m_________________ 333 Div. 3. Electrical Mechanics __________n________ 334.2 Div. 4. Permits and Inspections _________n_____ 341 Div. 5. Standards ___________________________m________ 346 Art. VII. Plumbing Code ______________n_____________________ 347 Di v. 1. Generally ____m__________________________________ 347 Div. 2. Plumbers _____________n____________n_____n______ 352.1 Div. 3. Appeals ___________________________________n______ 357 Div. 4. Standards ___________n__m_________n___m_m_ 359 Art. VIII. Gas Code _m_______ __________n__m_____n_________ 362 Div. 1. Generally __________n___________mn_______m____ 362 Div. 2. Gas Fitters _n____n______h______n__m____m 362 Di v. 3. Standards ____________________m__n_____m____ 365 Art. IX. Demolition, Removal or Relocation of Buildings ______n________ __________m______m________ 368 Art. X. Fences, Walls and Hedges _________________u___ 416 Art. XI. Sandblasting _______n_________________________________ 419 Art. XII. Elevators and Elevator Installation -- 422 Art. XIII. Screening Standards ___________n_________ 427 Supp. No. 25 . xvi e TABLE OF CONTENTS-,-Cont'd. Chapter Page Art. XIV. Mobile Home Contractors and Craftsmen -------_ --________m__________ __________ 427 Art. XV. Mechanical Code m__________m____________ 437 Art. XVI. One and Two Family Dwelling Code 440 Art. XVII. Code for Abatement of Dangerous B uil ding s --_____u___ --_umm_____m_____ Cm__ 10. Cemeteries __ u_u________m_______ _ _________m 101;2. Civil Disobedience "______ 11. Elections -------_____m_____ ----------- -------- -------- ---- .----.-- ----------- e llA. Equal Opportunity and Affirmative Action ___u_____ Art. I. In General ___m____________________________.______ Art. II. Human Relations Commissi.on: ______uu_ Art. III. Human Relations Department ___m___ Art. IV. Unlawful Employment Practices ---T---- Art. V. Unlawful Public Accommodation Prac- ti ces _u_______ ----T----------__ -u____T______ ----T-----___ 507 Art. VI. Unlawful Housing Practices_n______ 508 Art. VII. Public Contracts -m---______m_______h_______ 510 Art. VIII. Procedures for Filing and Process- ing Complaints ---------m---m_m___mu-____ 510.3 Art. IX. Miscellaneous Provisions_ _____m__________ 510.7 Art. X. The Organizational Structure and Re- sponsibilities for Carrying Out the City's Commitment to the Principle of Nondiscrimination in City Employment 510.8 e 12. Fire Protection and Prevention --m---_______mmm____ 511 Art. I. In General n--------m------m_____u________m_u_ 511 Art. II. Fire Department n_--_m_____"_____________u_____ 512 Art. III. Firemen's Relief Association ____m_______ 515 Art. IV. Dangerous Structures ___u -u_____u__u___ 519 Art. V. Fire Prevention ---_______m______________________ 523 Div. 1. Generally m---m_m__m___n________m_______ 523 Div. 2. Fireworks --m-u-m_u__u_um__m____m__ 529 Div. 3. Dry Cleaning Plants________________ 532 Div. 4. Liquefied Petroleum Gases ______m___ 532 Div. 5. Miscellaneous Hazards -m_______m_____ 533 Supp. No. 25 ~vii~ 441 447 457 473 493 493 498 502 .504 SALINA CODE Chapter Page 13. Flood Control n_________n____ _________nm------------n------------ 559 Art. I. In General _m____________________ u_________________ 559 Art. II. Flood Protection Works __________________n___ 560 14. Food and Food Handlers _________n__n________n______hn_________ 585 Art. I. In General ____________n__n_________________n___n_______ 585 Art. II. Establishments ____n_______________________n_________ 585 Div. 1. Generally __________n_______________________m___ 585 Div. 2. Sanitation Requirements -------------- 591 Art. III. Milk and Milk Products ______________ 595 Div. 1. Generally ____________ _______________________ 595 Div. 2. Permits n______ _______________________n_________ 602 Art. IV. Vending Machines __________ ____n_____________ 604 Div. 1. Generally ________________m_______________n_____ 604 Div. 2. Sanitation Requirements u________ 612 15. Health and Sanitation ______m_________n_ ..______un_________ 649 Art. I. In General ____un_nUdUm _ _ mn___________n__________ 649 Art. II. Unhealthful Structures ______n___mn________ 654 Art. III. Weeds and Obnoxious Growths------h--- 656 16. Housing ___________________________ ______n_nn___ ______n_n___________ 663 Art. I. In General mm____n_______nm_n____________________ 663 Art. II. Administration and Enforcement ___n__ 668 Div. 1. Generally m_________n_____________________m____ 668 Div. 2. Appeals _n____m_______m___n______n________ 677 Art. III. Use and Occupancy Regulations -------- 683 161/2. Reserved ______ _ _________n__n___n_________________h_n___m___n____ 695 17. Ind ustrial Developmen t _____m__________________n__________________ 727 18. Junk and Junk Dealers ________________________n_______________n__ 753 19. Library _n______nn_m____m______________________m________n____n___un 783 Art. I. In General _________n___________n_______n__n__________ 783 Art. II. Offenses m______m____n_________n_______________~___ 788 20. Licenses m________n____mn__________n_____________n______h_________h___ 815 Art. I. In General _______n_n________________nm________ 815 Art. II. Fees Established m__m___n__n________n__n_m_ 821 Art. III. Going Out of Business License ______h__ 826 Supp. No. 25 xviii e e e TABLE OF CONTENTS-Cont'd. Chapter Page 21. Mobile Homes and Mobile Home Parks _____________________ 851 Art. I. Definitions _______________________________________ 851 Art. II. General Regulations Applicable to All Existing and Future Mobile Homes and Mobile Home Owners nnm_m________m____ 852 Art. III. New Parks or Park Expansion _nm___ 859 Art. IV. Penalty Provisions m_mm_ mm_mmn____ 862 22. Motor Vehides and Traffic ________________________________ 883 Art. I. In General _________________________________ 883 Art. II. Drivers' and Vehicle Licenses uu____n__ 894 Art. III. Signs, Signals and Markings Gen- erally _______________________________________________ 896 Art. IV. Operation ________________________________ 902.1 Art. V. Stopping, Standing and Parking Gen- erally __________________________________ 922 Art. VI. Parking Meters _______________h_____________ 931 Art. VII. Riding Vehicles __________ 938 Art. VIII. Pedestrians _____________________________ 940 Art. IX. Parades and Processions _________ 943 Art. X. Trains and Railroads _______________ 944 Art. XI. Accidents _m________________ 947 Art. XII. Vehide Equipment and Condition ____ 950 Art. XIII. Size, Weight and Load __________ 969 Art. XIV. Violations and Penalties _________________ 974 22A. Neighborhood Centers _n__n_____hu___n______________________ Art. I. Neighborhood Centers Board _m______n____ 989 23. Offenses-Miscellaneous ___ _ 1008 Art. I. In General __________________ 1003 Art. II. Offenses Against Property ____ 1004 Art. III. Offenses Affecting Administration of Justice 1009 Art. IV. Offenses Against Morals and D~ cency 1012.1 Art. V. Offenses Against Peace and Order ___ 1022 Art. VI. Weapons - ____ 1024 Art. VII. Miscellaneous Offenses ___ 1026 Art. VIII. Inoperable Vebicles ___ 1084 Supp. No. 24 xix SALINA CODE Chapter 24. Oil and Gas --------- Page 1069 25. Parks and Swimming Pools _________________________________________ 1089 Art. I. In General _____________________________ 1089 Art. II. Municipal Swimming Pools ____________________ 1090 Art. III. Private Swimming Pools ______________________ 1091 Art. IV. Salina Park Advisory Board m___n____ 1095 26. Pawnbrokers and Secondhand Dealers ______________________ 1119 27. Planning ______________________ ------------- 1145 Art. I. In General _______________________________________________ 1145 Art. II. Comprehensive Plan __________________________ 1146 Art. III. Plats and Subdivisions ________________________ 1152 Div. 1. Generally _______________________________________ 1152 Div. 2. Plats _______________________________________________ 1155 Art. IV. Setback Lines ________________n___________________ 1157 Art. V. North Central Regional Planning Com- mission ________________________ 1159 28. Police ______________________________ ---------- 1185 Art. I. In General _______________________________ 1185 Art. II. Benefit Fund ________________________________------- 1191 Art. III. Merchant or Private Policemen __________ 1192 29. Police Court __________________________0___________ 1221 Art. I. In General ________________________ 1221 Art. II. Bondsmen _______________________________________ 1226 30. Public Utilities ________________ ------- 1249 31.. Refuse _______________________ ------------- 1277 Art. I. Reserved ___ ------- 1277 Art. II. City Collection Service _______________________ 1277 Art. III. Refuse and Sanitation _____________________ 1280 Art. IV. Private Haulers _________________ 1285 Art. V. Solid Waste Disposal Area _______ 1289 32. Streets and Sidewalks _____ ---------- 1315 Art. I. In General _____ 1315 Art. II. Bench Marks and Grades ____________________ 1319 Art. III. Obstructions and Encroachments ______ 1321 Supp. No. 24 xx e e e TABLE OF CONTIDNTS-Cont'd. Chapter Page Art. IV. Obstructing Visibility at Intersec- tions 182S Art. V. Moving: Buildings _______________ 1325 Art. VI. Numbering Buildings _______ 1888 Art. VII. Driveways and Recessed Parking Areas -___________ 1884 Div. 1. Generally ___________________ 1384 Div. 2. Construction Requirements ______ 1841 Div. 3. Width and Location _____________ 1342 Art. VIII. Surfacing and Resurfacing Road- ways ----------____ ____________ 1344 Div. 1. Generally __ _______________ 1844 Div. 2. Construction Requirements _________ 1348 Art. IX. Concrete Work in Streets and Public Grounds ------____ _ 1849 Art. X. Service Pipes and Sewers Ahead of Paving -----_____________________ 1855 Art. XI. Excavations -___ 1857 Art. XII. Railroad Crossings ______u____________________ 1364 Div. 1. Generally _____ __ 1864 Div. 2. Street Lights ______________________ 1365 Art. XIII. Snow and Ice on Sidewalks _______ 1867 32A. Taxation ---_____________________________ 1879 Art. 1. In General _______________________________ 1879 Art. II. Transient Guest Tax ________ 1879 88. Trees and Shrubs -------____ 1398 Art. I. In General 1898 Art. II. Trimmers and Treaters 1897 Art. III. Diseased Trees and Shrubs ________________ 1400 84. Vehicles for Hire ----____ 1427 Art. I. In General _ 1427 Art. II. Freight Vehicles ---____ ____ 1429 Art. III. Taxicabs -------------------__________________m._ 1481 Div. 1. Generally -- 1481 Div. 2. Drivers ____ 1448 Supp. No. 26 xxi SALINA CODE Chapter Page 85. Water and Sewers __um_m__________________m___________m___ 1479 Art. I. In General _________________________m_______________ 1479 Art. II. Water ___m____m_m___mm__m__mm___m___n 1483 Art. III. Rates __m_____________________________________ 1489 Art. IV. Water Conservation _____mm__m_________1502.01 36. Zoning Regulations ________m_____________m____m________ 1505 Art. I. General Provisions _____________n____________m__ 1505 Art. II. Amendments ______m___________________________ 1508 Art. III. Districts, Maps and Boundaries __________ 1513 Art. IV. General Use Regulations ________..__n_______ 1515 Art. V. General Bulk Regulations __ ________nmn__ 1522 Art. VI. District Regulations _mn_________________ 1527 Art. VII. Planned Development Districts ___m 1586.5 Art. VIII. Flood Plain Zoning District _________1586.22 Art. VIllA. Heritage Conservation District 1586.31 Art. IX. Signs ____mn_n________.______n____________ 1586.32.8 Art. X. Off-Street Parking and Loading _____ 1586.43 Art. XI. Nonconforming Uses, Bulk and 8igns ------------- - 1586.54 Art. XII. Administrative Provh:.ions _____________ 1586.62 Art. XIII. Definitions ______._________________________ 1586.71 Appendix A. Reserved ____________m_n_______m_n____________________n____ 1586.151 A1. Airport Zon:ng _____ ________ 1587 B. Subdhision Regulations _______________________________ 1607 Bl. Metropolitan Planning Commission (Amended Agreement) ___m___mm__m_____________________________________ 1633 C. City-County Emergency Preparedness Board ________ 1655 D. City-County Health Department _______m_____m________ 1687 Art. I. Joint Department ___________________________ 1687 Art. II. Financial Agreement ________m_________ 1691 E. Franchises mm___________ __________ 1717 Art. I. Gas and Electr~city ___m___.____________m__ 1717 Art. II. Motor Buses __ ________ 1720.1 Art. III. Television Antenna ____________________ 1727 Art. IV. Telephone _ .1732.1 Supp. No. 26 xxii e TABLE OF CONTENTS-Cont'd. Page _ 1759 1815 1885 Appendix F. Charter Ordinances - Code Comparative Table Code Index ---------- e e Supp. No. 26 xxiii - e e SALINA 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 1960, ~ 1-101) Sec. 1-2. Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be ob- served, unless they are inconsistent with the manifest intent of the board of commissioners or the context clearly requires otherwise: Sec. 1-2(1). Board of commissioners; C'ity commission; com- mission. The phrases "board of commissioners," "city com- mission," or "commission" mean the Board of Commissioners of the City of Salina, Kansas. Sec. 1-2(2). Bond. When a bond is required, an undertaking in writing shall be sufficient. Sec. 1-2(3). City. The words "the city" mean the City of Salina, in the County of Saline, State of Kansas. Sec. 1-2(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. Sec. 1-2(5). County. The words "the county" mean the Coun- ty of Sa,line, State of Kansas. Sec. 1-2(6). Delegation of authority. Whenever a pro- vision appears requiring or authorizing the head of a depart- ment or other officer of the city to do some act or perform some duty, it shall be construed to authorize such department head or officer to de'Signate, delegate and authorize subor- dinates to do the required act or perform the required duty unless the terms of the provision designates otherwise. 1 * 1-2 SALINA CODE ~ 1-2 Sec. 1-2(7). Gender. Words importing the masculine gender include the feminine and neuter. Sec. 1-2(8). In the city. The words "in the city" mean and include any territory within the corporate limits of the City of Salina, Kansas, and the police jurisdiction thereof, and any other territory over which regulatory power has been con- ferred on the city by law, except as otherwise specified. Sec. 1-2(9). Joint authority. All words giving a joint au- thority to three (3) or more persons or officers shall be con- strued as giving such authority to a majority of such persons or officers. Sec. 1-2(10). Number. Words used in the singular include the plural and words used in the plural include the singular. Sec. 1-2(11). Oath. The word "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" are equivalent to the words "affirm" and "affirmed." Sec. 1-2(12). Or, and. The word "or" may be read as "and" and the word "and" as "or," where the sense requires it. Sec. 1-2(13). Owner. The word "owner" applied to a buUding 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. Sec. 1-2(14). Person. The word "person" includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual. Sec. 1-2(15). Personal property. The words "personal prop- erty" include every species of property, except real property. Sec. 1-2(16). Preceding, following. The words "preceding" and "following" means next before and next after, respec- tively. Sec. 1-2(17). Property. The word "property" includes real, personal and mixed property. Sec. 1-2(18). Real property. The words "real property" in- clude lands, tenements and hereditaments. 2 e ~ 1-2 GENERAL PROVISIONS e Sec. 1-2 (19). 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. Sec. 1-2(20). State. The words "the state" mean the State of Kansa'S. Sec. 1-2(21). Street. The word "street" means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city. Sec. 1-2(22). 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. Sec. 1-2(23). Writing, written. The words "writing" and "written" include typewriting, printing on paper and any other mode of representing words and letters. (Code 1960, S 1-102) Sec. 1-3. Parenthetical and reference matter. The matter in parentheses at the ends of sections is for information only and is not a part of the Code. Citations to the 1960 Code (Code 1960) and to later ordinances indicate only the source and the text mayor may not be changed by thi'S Code. This Code is a new enactment under the provisions of K.S.A. 12-3014 and 12-3015. Reference matter not in parentheses is for information only and is not a part of this Code. (Code 1960, S 1-103) Sec. 1-4. Catchlines of sections. e The catch lines or headings of the sections of this Code printed in boldface type are intended as mere words to indi- cate the contents of the sections and shall not be deemed or taken to be titles of 'Such sections, nor as any part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its catchline, is amended or reenacted. (Code 1960, S 1-104) 3 ~ 1-4 ~ 1-5 SALINA CODE ~ 1-6 Sec. 1-5. Amendments to Code; effect of new ordinances; amendatory language. All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections or subsections or any part thereof, by 'Subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of 'Such subsequent ordinances until such time that this Code and sub- sequent ordinances numbered or omitted are re-adopted as a new Code of Ordinances. 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____n_____m of the Salina Code, is hereby amended to read as follows: . . ." The new provisions shall then be set out in full. In the event 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 chapter) to be numbered _n__nn_______, which 'Said section (or article or chapter) reads as follows: . . ." The new provisions shall then be set out in full. 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 1960, ~ 1-105) Sec. 1-6. Effect of repeal of ordinances. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. 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. 4 - ~ 1-7 GENERAL PROVISIONS ~ 1-10 Sec. 1-7. Altering Code. It shall be unlawful for any person, firm or corporation in the city to change or amend by additions or deletions, any part or portion 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 of Salina to be misrepresented thereby. - Sec. 1-8. General penalty; continuing violations. Wherever in this Code, any act is prohibited or is declared to be unlawful or a misdemeanor or the doing of any act is required, or the failure to do any act is declared to be un- lawful, and no specific penalty is prescribed or no general penalty to an article or chapter is prescribed, the violation of any such provision of this Code shall be punished by a fine of not more than five hundred dollars ($500.00), or by im- prisonment 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 1960, ~ 1-107) Cross references-For police court, see Ch. 29; working of prisoners authorized, credit against fine and costs, ~ 29-7. Sec. 1-9. 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 circumstances, is declared to be un- constitutional or invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this Code. (Code 1960, ~ 1-106) - Sec. 1-10. 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 and the general ordinances of the city shall be applicable on such property. Cross references-Police power extended over airport, ~ 5-4; police power extended to flood control system, ~ 13-1 et seq. SuPp. No.3 5 ~ 1-11 SALINA CODE ~ 1-11 Sec. 1-11. Fee for permits when not obtained in time. Where any permit is required by this Code as a conditiol1 precedent to doing any work or beginning any undertaking, and such work or undertaking is begun prior to obtaining said 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 requirements of this Code, nor shall it bar criminal prosecution. [The next page is 31] Supp. No.3 6 e Chapter 2 ADMINISTRATION * Art. I. In General, ~~ 2-1-2-19 Art. II. Board of Commissioners, ~~ 2-20-2-41 Art. III. Officers and Employees Generally, ~!l2-42-2-74 Art. IV. City Manager, !l~ 2-75-2-90 Art. V. Administrative Departments, ~!l 2-91-2-186 Div. 1. Generally, ~~ 2-91-2-102 Div. 2. Department of Law, ~~ 2-103-2-114 Div. 3. Department of Service, ~~ 2-115-2-124 Div. 4. Department of Public Health, ~~ 2-125-2-130 Div. 5. Department of Safety, ~~ 2-131-2-139 Div. 6. Department of Finance, ~~ 2-140-2-170 Div. 7. Department of Water and Sewerage, ~~ 2-171-2-186 Art. VI. Investment of Temporary Idle Funds, !l~ 2-187-2-195 Art. VII. Salina Arts Commission, !l~ 2-196-2-205 Art. VIII. Reserved. ARTICLE I. IN GENERAL e Sec. 2-1. Seal described. The seal of the city shall be as herein described: Two con- centric circles between which are the words "Seal of the City of Salina, Kansas," and within the inner circle of which are the word "Organized" and the numeral "1870." (Code 1960, ~ 2-701) State law reference-For authority to have, use and alter a seal, see K.S.A. 12-101. Sec. 2-2. Certain old records may be destroyed. The officials, officers and employees of the city charged with the custody or having in their custody the following records, documents or other papers may, subject to the pro- visions of section 2-4, destroy the same after they have been on file for the period stated: Sec. 2-2(1). Claims (and the purchase orders thereto at- tached) presented and allowed by the board of com- e *Cross references-For elections, see Ch. 11; parking advisory board, ~ 25-50 et seq. Supp. No. 25 31 ~ 2-2 SALINA CODE ~ 2-2 mISSIOners or the board, commission, department, bu- reau or officer authorized to allow such claims, fifteen (15) years. Sec. 2-2(2). Warrants or warrant checks, whether originals or duplicates, that have been stamped Or marked paid as provided, by law, seven (7) years. Sec. 2-2(3). Duplicate of receipts or stubs of r~ceipts is- sued, seven (7) years. Sec. 2-2(4). Duplicates of utility bills sent to customers, seven (7) years. Sec. 2-2 (5). Bookkeeping or accounting records of utility customers' accounts, fifteen (15) years, except that the period for the records of deposits to guarantee the payment of bills or the return of meters shall begin when the account is closed or the customer ceases to receive service. Sec. 2-2 (6). Duplicates or stubs of licenses issued for li- cense fees or occupation taxes, seven (7) years. Sec. 2-2 (7). Registration lists, five (5) years. Sec. 2-2(8). Poll books, five (5) years. Sec. 2-2(9), Appointment of judges and clerks of election boards, five (5) years. Sec. 2-2(10). Used ballots, one year, unless a contest is pending. Sec. 2-2(11). Bonds of officials, officers or employees, fif- teen (15) years, the period to begin at the date of the termination of the term of employment. Sec. 2-2(12). Insurance policies, five (5) years, the period beginning at the expiration of the policy unless a rate case is pending. Sec. 2-2(13). Canceled checks, seven (7) years. Sec. 2-2(14). Requisition and duplicate purchase orders, seven (7) years. Supp. No. 25 32: e ~ 2-2 ADMINISTRATION ~ 2-3 Sec. 2-2(15). Bonds and coupons stamped paid or canceled and returned by the state fiscal agent, seven (7) years, the period beginning at the date of maturity of the bond or coupon. (Code 1960, S 2-801) State law reference-For similar provisions, see K.S.A. 12-120. Sec. 2-3. Certain records not affected by authority to destroy. Nothing in the preceding section shall be deemed to apply to records, documents or papers not specifically mentioned, nor to authorize the destruction of records, documents or papers which in their nature should be preserved permanently, e e Supp. No. 25 32.1 e e ~ 2-3 ADMINISTRA TION nor to prohibit destruction of records, documents or papers obviously of only temporary value after a reasonable time. (Code 1960, ~ 2-802) State law reference-For similar provisions, see K.S.A. 12-121. Sec. 2-4. Commissioners to review destruction of records; minutes required. Before destroYing any records, papers or documents spe- cifically mentioned herein, the official, officer or employee in charge with the custody of the same, shall present the question of the advisability of ordering such destruction to the board of commissioners for its action thereon. The city clerk shall keep suitable minutes of any such matter before the commission describing as near as may be the records, documents and papers to be destroyed and a minute of the final destruction of the same. (Code 1960, ~ 2-803) Sec. 2-5. Photographing of records authorized. The board of commissioners may cause any or all records, documents or papers to be Photographed, microphotographed or reproduced on film. Such photographic film shall comply with the minimum standards of quality approved for per- manent photographic records by the national bureau of stand- ards and the device used to reproduce such records on such film shall be one which accurately reproduces the original thereof in all details. (Code 1960, ~ 2-804) State law reference-For similar provisions, see K.S.A. 12-122. Sec. 2-6. Storage or destruction of records which have been photographed. Whenever such Photographs, microphotographs or repro- ductions on film shaH be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the custodial officer may with the approval of the board of commissioners, cause the originals from which the photographs or microphotographs have been made or any &upp. No.7 33 ~ 2-6 ~ 2-6 SALINA CODE ~ 2-19 part thereof to be deposited in a safe place jf the same are of permanent value or destroyed if not of permanent value. (Code 1960, S 2-805) State law reference-For similar provisions, see K.S.A. 12-121. Sec. 2-7. Bonds of contractors, licensees, etc.-Surety. All bonds for the use, benefit or protection of the city re- quired to be taken by the statutes of the state and by. the ordinances of the city or by resolution of the board of com:- missions from any person to secure the faithful performance, of any contract with the city, or to indemnify the city against loss, damage or liability growing out of any contract with the city, or out of the issuance of any license or permit by the city where a bond is required, shall be signed and executed as surety by some surety company admitted to do business in the State of Kansas. (Code 1960, ~ 7-101; Ord. No. 8017, S 1, 4-14-69) Cross references-Bond or insurance for sign business, S 9-69; bond or insurance for persons advertising their own businesses, S 9-70; bond of electrical contractors, S 9-135; bonds for plumbers, S 9-239; bond of gas fitters, S 9-291; bonds for house movers, S 9-327; bond required for fireworks display, S 12-122; bond for private policemen, S 28-56; bond required to move buildings, S 32-77; bond required to construct drive- ways and recessed parking areas, S 32-125; bond required to surface or resurface roadways, S 32-174; bond required to do concrete work in streets and public grounds, S 32-212, et seq.; bond required to make ex- cavations, S 32-250; bond for tree trimmers and treaters, S 33-27. Sec. 2-8. Same-Principal and surety to sign; to be made to city. All bonds provided for in the preceding section shall be signed and executed by the party or parties from whom such bonds are required in addition to the sureties on said bonds, and except where otherwise provided by law the said bonds shall be made to the city. (Code 1960, ~ 7-102) Sec. 2-9. Same-Approval by city attorney. Except where otherwise expressly provided to the contrary, all bonds herein provided for shall be submitted to and ap- proved by the city attorney. (Code 1960, S 7-103) Secs. 2-10-2-19. Reserved. s'upp. No.7 34 e e e ~ 2-20 ADMINISTRATION Article n. Board of Commissioners Sec. 2-20. Membership, how referred to. The board of commissioners shall consist of the number of commissioners provided by statute and they shall be elected as provided by law, and shall be referred to in this Code as the "commission," "governing body," "governing board" and "board of commissioners." (Code 1960, S 2~101) State law reference-Number of commissioners, K.S.A. 12-1006. Sec. 2-21. Distinction in titles, duties. No distinction shall be made in title or duties among the commissioners, except as the board shall organize itself for business. (Code 1960, S 2-103) State law reference-For similar provisions, see K.S.A. 12-1006. Sec. 2-22. Organization, officers of commission. A t the third meeting of the board of commissioners in April of each year the board of commissioners shall reorganize and choose its chairman who shall have the title of mayor to the end that the city shall have an official head on formal occasions. At said meeting the board of commissioners shall also choose a vice-chairman who shall serve as acting mayor in the absence of the mayor. (Code 1960, S 2-104) State law reference-Annual eelection of chairmen, required, K.S.A. 12-1007. Sec. 2-23. Frequency, time of meetings; calling special meet- ings. The commission shall meet at least once a week or oftener if the public business requires, the day and hour of such regular meetings to be specified in the resolution relating to the order of business. A call signed by a majority of the com- mission shall be sufficient warrant for a special meeting. The commission shall, by resolution, adopt a form of call. (Code 1960, S 2-106) State law reference-For similar provisions, see K.S.A. 12-1009. Supp. No. 14 35 ~ 2-23 ~ 2-24 SALINA CODE ~ 2-27 Sec. 2-24. Meetings to be public. (a) All regular and special meetings of the board of com- missioners shall be open to the public and the news media. The commissioners may meet in executive sessions closed to the public and news media for the purpose of discussing per- sonnel matters and appointments to boards and committees, acquisition of or the use and development of land or property, and matters concerning litigation or threatened litigation. (b) Any final action taken by the commission shall be in public meeting. (c) Executive sessions shall be held at such time and place as may be announced by the presiding officer, subject to an approval of the majority of the commission. (Code 1960, ~ 2-106; Ord. No. 8184, ~~ 1-4, 2-8-72) Amendment note-Ord. No. 8184, ~~ 1-3, enacted a new ~ 2-24. Sec. 4 of Ord. No. 8184 repealed former ~ 2-24 pertaining to the same subject lI'.atter. State law reference-For similar provisions, see K.S.A. 12-1009. Sec. 2-25. Order of business. The commission shall determine its own order of business by resolution. (Code 1960, ~ 2-105) State law reference-Commission to determine order of business, K.S.A. 12-1007. Sec. 2-26. General powers. All powers exercised by cities of the first class, or which shall hereafter be conferred upon them, shall be exercised by the commission, insofar as they do not conflict with the provisions of the statutes relating to the city manager plan of government. (Code 1960, ~ 2-102) State law reference-For similar provisions, see K.S.A. 12-1010. Sec. 2-27. DutY.; to pass necessary ordinances. The commission shall pass all ordinances needful for the welfare of the city. (Code 1960, ~ 2-107) State law reference-For similar provisions, see K.S.A. 12-1010. Supp. No. 14 36 e ADMINISTRATION ~ 2-29 ~ 2-28 Sec. 2-28. Duty to provide for offices and salaries. The commission shall provide for such offices as shall be necessary to carry out the provisions of the statute relating to the city manager plan of government and determine salaries for the same. (Code 1960, ~ 2-108) State law reference--For similar prov,isions, see K.S.A. 12-1010. Sec. 2-29. Duty to appoint, supervise manager. The commission shall appoint a manager as herein pro- vided, and shall be responsible for his efficient administration of the city's busines. (Code 1960, ~ ~ 2-109) State law reference-For similar provisions, see K.S.A. 12-1010. e e Supp. No. 14 36.1 e ~ 2-30 ADMINISTRA TION ~ 2-44 Sec. 2-30. Duty to create departments. Administration departments shall be created by the com- mi'ssion as the public business may demand. (Code 1960, ~ 2-111) State law reference--For similar provisions, see K.S.A. 12-1015 Sec. 2-31. Interference with departments. No member of the city commission shall directly interfere with the conduct of any department, except at the express direction of the commission. (Code 1960, S 2-110) State law reference-For similar provisions, see K.S.A. 12-1014. Sees. 2-32-2-41. Reserved. Article III. Officers and Employees Generally e Sec. 2-42. Creation of other offices not limited. Nothing herein shall be construed as limiting the number of offices and positions that may be created'. Other offices and positions may be created by other ordinances. (Code 1960, S 2-402) Sec. 2-43. Holding more than one office permitted. The manager may appoint one person to hold and perform the duties of more than one office. Provided, that one person may not hold offices which are incompatible or when such dual holding is prohibited by law. (Code 1960, S 2-403) Sec. 2-44. Manager may appoint, remove assistants and em. ployees. e The manager shall have power to appoint such assistants and employees in and for the various departments as may be necessary to the efficient operation of the city's business and may remove such assistants and' employees at his pleasure. (Code 1960, S 2-404) State law reference--Manager to appoint and remove officers and em- ployees, K.S.A. 12-1014. 37 ~ 2-45 SALINA CODE ~ 2-48 Sec. 2-45. Citizenship and residence. All employees of the city shall be citizens of the United States or shall have declared before a competent court their intention of becoming citizens of the United States, and shall reside in the city limits, with the exception that such persons heretofore employed now residing outside the city limits may continue to reside at such present address. Provided, that a presently employed city employee who shall move to a point outside of the existing city limits shall be dismissed from the service of the city. (Code 1960, ~ 2-906) Sec. 2-46. Oath required. All officers of the city, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall, before entering upon the duties of their respective offices, take and subscribe an oath (or affirmation) as follows: "I do solemnly swear (or affirm, ?os the case may be) that I will support the constitution of the United States and the constitution of the State of Kansas and faithfully dis- charge the duties of n_m_mmn__m__m___ (here enter name of office). So help me God." (Code 1960, ~ 2-501) State law references-Form of oath prescribed, K.S.A. 54-106; loyalty oath required, K.S.A. 21-305. Sec. 2-47. Form, filing of oath. All officers and employees required by law to take and subscribe or file any oath or affirmation shall be supplied the necessary forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmation, the same shall be deposited with the city clerk. Provided, that the oath of the city clerk. shall be filed with the city treasurer. (Code 1960, ~ 2-502) Sec. 2-48. Bonds to be given before takin~ office. No person shall perform any of the duties of the office or employment to which he is appointed without first having given the bond as required and after its approval, and the 38 e e e ~ 2-48 ADMINISTRATION giving of a bond, if a bond is required, shall be considered as one of the qualifications necessary to be met in qualifying for office. (Code 1960, ~ 2-603) Sec. 2-49. Bonds to be conditioned as specified. The bonds of officers, deputies, assistants and employees required to give bond shall be conditioned as required by statute or as otherwise required by ordinance and where no condition is specified by statute or by ordinance, the bond shall be conditioned for the faithful performance of duties. (Code 1960, ~ 2-601) Sec. 2-50. Amount of bonds; special conditions. The following officers and employees shall give bond in the following amounts and conditioned as stated: Sec. 2-50 (1). City manager -n-----------------------------------__$5,000.00 Sec. 2-50(2). Superintendent of department of wa terwo r ks -n---_mnm__________________n____ -__n____n_______n_ 5,000.00 Sec. 2-50(3). Where one person is city manager and ex officio superintendent of waterworks department, one bond in the sum of __________________ 5,000.00 Sec. 2-50 ( 4). Director of finance n___n_______________________ 5,000.00 Sec. 2-50(5). City Clerk -nn------n-_____________n_____m__n_ 5,000.00 Sec. 2-50(6). In the event one person holds the offices of director of finance and city clerk, only one bond shall be required in the sum of 5,000.00 Sec. 2-50(7). City treasurer, not less than fifty thousand dollars ($50,000.00). Such bond shall be conditioned for the faithful discharge of his duties; that he will safely keep all public moneys entrusted to his care, and save the city free and harmless from all loss caused by neglect of duty or malfeasance in office. The board of commissioners shall require the treasurer to give a new bond whenever, in its opinion, the existing bond is in- Supp. No. 21 39 ~ 2-50 ~ 2-50 SALINA CODE ~ 2-54 sufficient; and whenever such new bond is required, he shall perform no official act until such bond shall be given and approved in the manner aforesaid. Sec. 2-50(8). Cashier of the water and sewerage depart- ment, five thousand dollars ($5,000.00). Such bond will be conditioned for the faithful performance of his duties and for a true and faithful accounting for all moneys that may come into his hand by reason of his position. (Code 1960, ~ 2-607) Cross references-Bond of treasurer of firemen's relief association, ~ 12-43; for bond of library board treasurer, see ~ 19-16. Sec. 2-51. Type of bonds; approval, filing. The bonds shall be surety company bonds unless 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 1960, ~ 2-602) Sec. 2-52. 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 1960, S 2-604) Sec. 2-53. 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 1960, S 2-605)' State law reference-City to pay bond premiums, K.S.A. 78-111. Sec. 2-54. Affect of provisions on existing bonds. No bond of any officer or employee in force at the time this Code shall take effect shall be affected. Provided, that if a bond in a greater amount is required, the officer or em- ployee is hereby ordered to increase the amount of bond to meet the amount required. (Code 1960, ~ 2-606) Supp. No. 21 40 e e e ~ 2-54.1 ADMINISTRA TION ~ 2-54.1 Sec. 2-54.1. Security indemnification and payment of certain expenses incurred in adjusting, settling or defend- ing claims brought against public officials and employees for actions in discharging city duties or performing city employment. Sec. 2-54.1 (1). The city, in the discretion of the governing body, may post security, indemnify and pay on behalf of each person and the heirs and representatives of such person who is or was an elected official, officer, employee or lawfully ap- pointed 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, ad- ministrative or investigative, or threat thereof, or in connec- tion with an appeal relating thereto, in which such person may become involved as a party or otherwise, 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 expense incurred by any insurance company under the company's contractual obligation to the city. Sec. 2-54.1 (2). As used in this section, the term "expense" includes counsel fees, and other disbursements made or to be made in the defense of such person and the payment of judge- ments, fines, penalties or amounts paid in settlement by or on behalf of such person. Sec. 2-54.1.(3). The governing body, prior to obligating the city for such expense shall make or cause to be made, an in- vestigation of the facts relating to the claim, action or pro- ceeding against such person. Thereafter, the governing body, by resolution, shall make findings of fact, a determination as to whether or not assistance will be provided, the type thereof and the estimated amount of expense. Sec. 2-54.1 (4). In making its findings of fact and deter- mination the governing body shall not authorize the payment of such expense unless it finds all of the following: (a) The claim, action or proceeding arose out of and in the line of duty or employment of such person. Supp. No. 21 40.1 ~ 2-54.1 SALINA CODE ~ 2-55 (b) The city has a direct interest in the matter as opposed to a collateral interest. (c) The officer or employee acted in good faith and had reasonable cause to believe his conduct was lawful. (d) That it would be in the interests of the city to authorize the payment of such expense. Sec. 2-54.1 (5). The governing body shall have the right to terminate and revoke by resolution at any time any previous resolution authorizing the payment of expense without further liability or obligation to any such officer or employee, or third parties contracting with such officer or employee. Sec. 2-54.1 (6). All findings and determination required by this section shall be made by a majority of all of the elected city commissioners. (Ord. No. 8476, ~~ 1-6,3-22-76) Editor's note-Ord. No. 8476, ,~~ 1-6, being nonamendatory of this Code, has been included herein as ~ 2-54.1 at the discretion of the editors. Sec. 2-55. Hours of work. The work hours of all employees will be established by each department with the approval of the city manager. Em- Supp. No. 21 40.2 e e e ~ 2-55 ADMINISTRATION ~ 2-57 ployees paid by the month will not be allowed additional pay or additional leave for overtime work except upon specific approval of the city manager. (Code 1960, ~ 2-901) Sec. 2-56. Maintenance of personnel records. Personnel records for city employees will be maintained in the city clerk's office for all city employees. All transfer, promotion, dismissal or resignment and new employee's appli- cations and appointments shall be turned in immediately to the city clerk's office. (Code 1960, ~ 2-901) Sec. 2-57. Vacations. Sec. 2-57 (1). All regular full time employees of the city who are paid on a monthly rate who have worked for the city one year or more shall be entitled to two (2) calendar weeks vacation with pay during each calendar year. Employees with the city for fifteen (15) years or more shall be entitled to three (3) calendar weeks of vacation with pay during each calendar year. Sec. 2-57(2). All regular full time employees of the city who are paid on an hourly rate and who have worked for the city one year or more shall be entitled to one calendar week of vacation with pay during each calendar year. When such employee has worked for the city five (5) years, he shall be entitled to two (2) calendar weeks vacation with pay during each calendar year. Sec. 2-57(3). Regular full time employees who have been with the city service one year or more are entitled to vacation pay when leaving the service. This vacation pay is computed as follows: (a) For employees entitled to two (2) weeks regular vaca- tion a year, one day's pay for each full month of service during the calendar year in which separation took place. (b) For employees entitled to one (1) week's regular vaca- tion a year, one-half day's pay for each full month of Supp. No. 12 41 ~ 2-57 ~ 2-59 SALINA CODE service during the calendar year in which separation took place. This vacation payor separation will not be paid if current vacation leave has been used. Sec. 2-57(4). All vacation leaves must be approved by the department head and city manager. (Code 1960, ~ 2-902; Ord. No. 6763, ~ 1, 1-13-64) Sec. 2-58. Holidays. The legal holidays to be observed by the City of Salina, Kansas, shall be those which have been designated by the State Legislature of Kansas in K.S.A. 1970 Supp. 35-107 as legal public holidays. (Code 1960, ~ 2-903; Ord. No. 8143, ~ 1, 2-1-71) Amendment note-Ord. No. 8143. ~ 1, amended ~ 2-58 to read as set out. Formerly the holidays were enumerated. Sec. 2-59. Sick leave. Sec. 2-59(1). Entitlement. All regular full time employees of the city shall be allowed sick leave with pay which shall accrue at the rate of one day of leave for each calendar month of the employee's service, and the leave may be accumulated up to a maximum of ninety (90) days. Sick leave used shall be deducted from the accrued leave. An employee eligible for sick leave with pay shall be granted such leave for: (a) Personal illness or physical incapacity; (b) Enforced quarantine of the employee; (c) Sickness in the immediate family when the leave is approved by the department head or the city manager; (d) Death of a member of the immediate family. Supp. No. 12 42 e e e ~ 2-59 ADMINISTRA TION Sec. 2-59(2). Six month's employment required. No employee shall be allowed to use any sick leave until he has been em- ployed by the city for six (6) months. Provided however, that such sick leave shall accumulate during the first six month's employment. Sec. 2-59(3). Notice; doctor's certificate. In case of sick- ness, the employee must notify his department head or city office each day he cannot report for work. If the absence is more than three (3) days, a certificate from a doctor stating that the employee is unable to work must be obtained and filed with the employee's department head. (Code 1960, ~ 2-904) Sec. 2-60. Emergency leave. In case of death in his immediate family, a regular full time employee paid on a monthly or an annual basis may be granted leave of absence with pay for a period not to exceed three (3) days. "Immediate family" is defined as husband, wife, child, brother, sister, parent or grandparent. (Code 1960, S 2-905) Sec. 2-61. Classified service-Created. There is hereby created the classified service of the city, and all persons employed by the city except elected officials, persons serving the city as independent contractors, persons retained by the city as consultants, part-time employees of part-time boards and commissions, the city attorney and as- sistant city attorneys, the police judge, the city manager and the city manager's secretary, and persons employed under established civil service systems, shall be appointed, employed and paid under the provisions of the rules and regulations which may be adopted as provided in section 2-62. Sec. 2-62. Same-Rules, regulations governing. Rules and regulations governing appointment and employ- ment to positions in the classified service together with sal- ary ranges shall be adopted and amended by resolution of the board of commissioners 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. 43 ~ 2-62 ~ 2-63 SALINA CODE ~ 2-76 Sec. 2-63. Payroll deductions. Sec. 2-63(1). Authorized. The city treasurer is hereby au- thorized to make deductions from the compensation of any officer or employee for insurance, the purchase of savings bonds, community chest contributions, or any other purpose, when requested in writing by the officer or employee. Such request shall continue in force until revoked in writing by the officer or employee. Sec. 2-63(2). Certification. The city treasurer shall at the close of the calendar year certify in writing to each officer or employee from whose compensation deductions were made during the year the amount deducted during the year. Sec. 2..63(3) Records. Appropriate records showing such deductions shall be kept by the city treasurer. (Ord. No. 6574, ~ 1, 10-31-61) Secs. 2-64-2-74. Reserved. Article IV. City Manager~ Sec. 2-75. Appointment, term, qualifications. The commission shall, whenever by virtue of a vacancy in said office it becomes necessary, appoint a manager who shall be responsible for the administration of all of the affairs of the city, and hold office at the pleasure of the board. The manager 'Shall be chosen solely on the basis of administrative ability and the choice shall be not limited by any residence qualifications. (Code 1960, ~ 2-202) State law reference-For similar provisions, see K.S.A. 12-1011. 12-1012. Sec. 2-76. Commission to fix salary and bond. The manager shall receive a salary to be fixed by the com- mission and shall give bond for the faithful performance of his duties in such amount as may be provided by ordi.nance. (Code 1960, ~ 2-203) State law reference-For similar provisions, see K.S.A. 12-1013. *State law ,reference-For manager plan generally, see K.S.A. Ch. 12, Art. 10. 44 e ~ 2-77 ADMINISTRA TION Sec. 2-77. General duties. Sec. 2-77(1). The manager shall be responsible for the ad- ministration of all of the affairs of the city. Sec. 2-77(2). He shall see that the laws and ordinances are enforced. Sec. 2-77(3). He shall appoint and remove all heads of de- partments and all subordinate officers and employees of the city. All such appointments shall be made upon merit and fit- ness. e Sec. 2-77(4). The manager shall have the option to require the appointment of a civil service commission as established by the provisions of K.S.A. 13-2201. The hoard of commission- ers at the request of the manager, shall appoint civil service commissioners as is now or may hereafter be provided for by law for cities of the State of Kansas. Sec. 2-77(5). He shall be responsible for the discipline of all appointive officers and may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. Sec. 2-77(6). He shall prepare and submit the annual budget to the board of commissioners and also keep the board of com- missioners fully advised as to the financial condition and needs of the city. Sec. 2-77(7). He may make recommendations to the com- missioners on all matters concerning the welfare of the city, and shall have a seat, but no vote, in all of the public meetings of the board of commissioners. Sec. 2-77(8). He shall perform such other and further duties as may be required by law or ordinance. (Code 1960, ~ 2-204) State law reference-For similar provisions, see K.S.A. 12-1014. e Sec. 2-78. Duty to administer city business. The administration of the city's business shall be in the hands of the manager. (Code 1960, ~ 2-201) State law reference-For similar provisions, see K.S.A. 12-1011. 45 ~ 2-78 ~ 2-79 SALINA CODE ~2-92 Sec. 2-79. Duty to countersign warrants and checks. He shall countersign all warrants and combined warrant- checks issued by the director of finance. (Code 1960, ~ 2-205) State law reference--Manager to countersign warrants and checks, K.S.A. 12-1016. Sec. 2-80. Manager may act as any officer. The city manager may perform the duties of any officer whose office he is qualified to fill and in such cases the ap- pointment or employment of such officer may be dispensed with. (Code 1960, ~ 2-401) Sees. 2-81-2-90. Reserved. Article V. Administrative Departments~ DIVISION 1. GENERALLY Sec. 2-91. Created. There are hereby created for the city, the following admin- istrative departments: Department of Law; Department of Service; Department of Public Health; Department of Safety; Department of Finance; Department of Water and Sewerage. (Code 1960, ~ 2-301; Ord. No. 6591, '~ 1, 1-2;..62) State law reference--Creation of administrative departments, see K.S.A. 12-1015. Sec. 2-92. Supervision and personnel, generally; appointment of personnel; general duties. The affairs of the various administrative departments 'Shall be administered by the following officers and employees, func- tional departments or boards, and the officers and employees thereof or by such other officers and employees, functional *State law reference--For creation of administrative departments, K.S.A. 12-1015. 46 e e e ~ 2-92 ADMINISTRA TION ~ 2-94 departments or boards as may be required by law or other ordinances. All heads of departments, other officers, em- ployees and members of boards shall be appointed by the city manager, unless otherwise provided by law, and shall hold office at his pleasure unless otherwise pr0vided by law: Pro- vided, that the manager need not appoint or employ any offi- cer or employee herein provided for, when the business of the city shall not require it. The duties of such officers and em- ployees, departments or boards shall be as herein provided or as provided by other ordinances of the city and by the laws of the State of Kansas. (Code 1960, ~ 2-302; Ord. No. 6591, ~ 2, 1-2-62) Sec. 2-93. Manager may appoint director of administrative department. The manager may appoint a director to be in general charge of an administrative department. (Code 1960, S 2-302; Ord. No. 6591, S 2, 1-2-62) Sec. 2-94. Composition and personnel specified. The administrative departments shall consist of the officers, functional departments, boards and employees authorized here- in and such other officers, functional departments, boards and employees as shall be attached to said administrative depart- ments by other ordinances. Sec. 2-94(1). Department of Law: (a) City attorney. (b) Assistant city attorneys. (c) Police judge. Sec. 2-94(2). Department of Service: (a) City engineer, inspectors, rodmen, instrument men and other necessary employees. (b) Street department: (1) Superintendent of streets. (2) Vehicle drivers, teamsters, street and other neces- sary employees. 47 II 2-94 SALINA CODE II 2-94 (c) Park department: (1) Superintendent of parks. (2) Necessary employees. (d) Refuse department. Sec. 2-94(3). Department of Public Health: (a) City-county health department. Sec. 2-94(4). Department of Safety: (a) Police department: (1) Chief of police. (2) An assistant chief and necessary officers and em- employees. (b) Fire department: (1) Fire chief or chief of the fire department. (2) Necessary assistant chiefs, officers and employees. (c) Building department: (1) Building official and necessary assistants and em- ployees. The building official shall have general supervision of all inspectors and employees of the building department. (2) Plumbing inspector and necessary assistants and employees. (3) Electrical inspector and necessary assistants and employees. (4) Gas fitting inspector and necessary assistants and employees. Sec. 2-94(5). Department of Finance: (a) Director of finance. (b) City clerk. (c) City treasurer. Personnel director. Purchasing agent. (d) Necessary clerks and employees. Sec. 2-94(6). Department of Water and Sewerage: (a) Director of utilities. (b) Superintendent of water system. (c) Office manager. (d) Superintendent of sewage disposal. (e) Superintendent of sanitary sewer collection system. (Code 1960, S 2-302; Ord. No. 6591, S 2, 1-2-62) 48 e e e ~ 2-95 ADMINISTRA TION ~ 2-103 Sec. 2-95. Duties generally. The duties of the officers, boards and employees shall be as provided by this Code, other ordinances and the laws of the State of Kansas and as specified by the directors of de- partments, department heads and the city manager. (Ord. No. 6591, S 2, 1-2-62) Sec. 2-96. Additional departments. The commission may create and establish additional de- partments and offices as may be necessary for the purpose of a more efficient administration and as business may de- mand. When other departments and offices are created and established, the officers in charge shall be appointed by and serve at the pleasure of the city manager, and the duties to be performed and compensation shall be d€fined and fixed by ordinance. (Code 1960, S 2-309) Sec. 2-97. Additional departmental employees. The city manager is hereby authorized to employ such ad- ditional employees for the various departments of the city, as now exist or are hereinafter created, as may be necessary for the efficient operation of such departments, and whenever it is necessary to employ any person in any department whose wages are not specifically fixed by ordinance, including all common labor, the wages of any such employee shall be such as may be fixed by the city manager and as may be allowed and paid from time to time by the board of commissioners. (Code 1960, S 2-406) Sees. 2-98-2-102. Reserved. DIVISION 2. DEPARTMENT OT<' LAW Sec. 2-103. Purpose. The department of law is created for the administration of the legal affairs of the city. (Code 1960, S 2-303) 49 ~ 2-104 SALINA CODE ~ 2-107 Sec. 2-104. Qualifications of city attorney. No person shall be eligible to the office of city attorney who is not by profession an attorney at law admitted to prac- tice before the Supreme Court of the State of Kansas. (Code 1960, ~ 2-303; Ord. No. 6603, 2-27-62) Sec. 2-105. 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 depart- ments; shall draft all ordinances, contracts, agreements, etc.; attend all meetings of the board of commissioners; advise the city commissioners, the manager and officers of the city upon legal questions affecting the duties of their offices or the interest of the city as may be submitted to him, and perform other professional services incident to his office; provided, that business and court cases outside of Saline County and cases in the District Court of Saline County except on appeal from the police court in which the city is the appellant, shall not be considered as duties herein insofar as regular salary is concerned but the compensation for such duties shall be as determined by resolution or ordinance from time to time. (Code 1960, ~ 2-303; Ord. No. 6603, 2-27-62) State law reference-For duties of city attorney, see K.S.A. 13-2105. Sec. 2-106. Qualifications of assistant city attorneys. Assistant city attorneys shall be attorneys admitted to prac- tice before the Supreme Court of the State of Kansas. (Code 1960, ~ 2-303) Sec. 2-107. 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 du- ties of the city attorney. (Code 1960, ~ 2-303) 50 e ~ 2-108 ADMINISTRA TION ~ 2-116 See. 2-108. City attorney to assign assistants' duties and sal- ary classifications. The city attorney shall assign the duties to the assistant city attorneys and shall designate their classification for sal- ary purposes. (Code 1960, S 2-303) See. 2-109. Powers, duties of police judge. The police judge shall possess and exercise all the power and perform all the duties as conferred and defined by law. (Code 1960, S 2-303) Cross reference-For police court, generally, see Ch. 29. Sees. 2-110-2-114. Reserved. DIVISION 3. DEPARTMENT OF SERVICE e Sec. 2-115. Purpose. The department of service is created for the administration of affairs relative to public improvements, streets, alleys, storm sewers, parks and refuse. (Code 1960, S 2-304; Ord. No. 6592, S 1, 1-2-62) See. 2-116. Qualifications, duties of city engineer. e The city engineer shall be a professional engineer as pro- vided by K.S.A. Chapter 26a. He shall prepare plans, specifi- cations and estimates for and superintend the construction of all public improvements, and do all surveying and engineering, except when specifically otherwise provided by contract, reso- lution or ordinance. He shall keep the manager and the com- mission informed as to the progress of any improvement, and shall keep the manager and commission advised upon engi- neering problems confronting the city; advise the manager and commission regarding the use of streets by utilities; and perform such other duties as may be designated by the city manager. (Code 1960, ~ 2-304; Ord. No. 6592, S 1, 1-2-62) 51 ~ 2-117 SALINA CODE ~ 2-124 Sec. 2-117. Duties of superintendent of streets. The superintendent of streets shall have charge of and di- rect the work of all laborers, equipment and use of material engaged in working on the streets and alleys of the city and' all such employees shall be under the immediate direction of said superintendent. It shall be his general duty to keep the streets, alleys, sidewalks, bridges, viaducts, gutters, storm water sewers and culverts clean and in good repair. He shall keep a complete and accurate account of all laborers, equip- ment and material employed or used in his department, and' an itemized statement of the cost thereof, each month, and shall each month present to the city manager an accurate re- port showing the information as required by the city manager and preserve an itemized statement of the property in his possession belonging to the city. (Code 1960, S 2-304; Ord. No. 6592, S 1, 1-2-62) Cross reference--For streets and sidewalks generally, see Ch. 32. Sec. 2-118. Duties of superintendent of parks. The superintendent of parks shall have general supervision over the parks, parkways and boulevards belonging to the city, and shall supervise and direct all employees for such purposes. (Code 1960, S 2-304; Ord. No. 6592, S 1, 1-2-62) Cross reference-For parks generally, see Ch. 25. Sec. 2-119. Appointment, duties of superintendent of refuse. There shall be appointed' by the city manager a superin- tendent of refuse, who shall have the duty to administer and enforce the collection of refuse, supervise the operation of all city sanitary landfills and investigate and inspect all licensed refuse collectors and their equipment to determine if said collector and equipment comply with all ordinances pertain- ing thereto. (Code 1960, S 2-304; Ord. No. 6592, S 1, 1-2-62) Cross reference-For refuse generally, see Ch. 31. Sees. 2-120-2-124. Reserved. 52 e ~ 2-125 ADMINISTRA TION ~ 2-134 DIVISION 4. DEPARTMENT OF PUBLIC HEALTH* Sec. 2-125. To be as prescribed by joint resolution. The City of Salina and the County of Saline having estab- lished 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 1960, ~ 2-305) Cross reference-For joint resolution establishing city-county board of health, see Appendix D to this Code. Sees. 2-126-2-130. Reserved. DIVISION 5. DEPARTMENT OF SAFETY e Sec. 2-131. Purpose. The department of safety is created for the protection of the lives and property of the citizens of the city and of strang- ers who may be 'Sojourning therein. (Code 1960, S 2-306) Sec. 2-132. Supervision, duties of police department. The police department shall be under the supervision of the chief of police, and shall perform such duties as are imposed upon it by law and' ordinance. (Code 1960, S 2-306) Cross reference-For police department generally, see Ch. 28. Sec. 2-133. Supervision, duties of fire department. The fire department shall be under the supervision of the fire chief, and shall perform such duties af' are imposed upon it by law and ordinance. (Code 1960, S 2-306) Cross reference-For fire department generally, see Ch. 12. e Sec. 2-134. Duties of building department inspectors. The building department inspectors shall perform such duties as are imposed upon them by ordinance and required by the city manager. (Code 1960, S 2-306) Cross references-For buildings generally, see Ch. 9; for building official, see ~ 9-20; for electrical inspector generally, see ~ 9-108 et seq.; for administration of gas code generally, see * 9-265 et seq.; for plumb- ing inspector generally, see ~ 9-202 et seq. *Cross reference-For health and sanitation generally, see Ch. 15 of this Code. 53 ~ 2-135 SALINA CODE ~ 2-143 Sees. 2-135-2-139. Reserved. DIVISION 6. DEPARTMENT OF FINANCE Sec. 2-140. Purpose. The department of finance is created for the purpose of having general control over the financial affairs of the city. (Code 1960, ~ 2-307) Sec. 2-141. Supervision by director; issuance of warrants, checks. The director of finance shall be in charge of the department of finance. He shall issue all warrants, or combined warrant- checks, when appropriations have been made by the board of commissioners. (Code 1960, ~ 2-307) Sec. 2-142. Clerk and director to pay over moneys received; duties to surrender effects of office. It shall be the duty of the city clerk or director of finance to pay over all moneys that may come into their hands as such clerk or director of finance as required by law or ordinance, and shall deliver to their successors in office all the books, records, papers and other things belonging to their office. (Code 1960, S 2-307) Sec. 2-143. General duties of clerk; authority to administer oaths; admissibility of records. The city clerk shall attend all meetings of the board of com- missioners, keep a true record of its proceedings, and also keep a record of all his official acts, and when necessary shall attest them. He shall also keep and preserve in his office the corporate seal of the city, all records, public papers and docu- ments of the city not belonging to any other officer. He shall be authorized to administer oaths; and the copies of all papers filed in his office, and transcript from the records of the pro- ceedings of the commission, including ordinances duly certi- fied by him under the corporate seal of the city, shall be taken as evidence in all courts of the state without further proof. (Code 1960, S 2-307) 54 e e e ~ 2-144 ADMINISTRA TION ~ 2-148 Sec. 2-144. Clerk to register voters. The city clerk shall register all voters in the city as provided' by law. (Code 1960, 9 2-307) Sec. 2-145. Clerk to collect fees, pay to treasury. The city clerk shall collect and pay all fees pertaining to his office, or which are required to be paid to him as city clerk, as provided in any of the ordinances of the city, into the city treasury, taking the treasurer's, receipt therefor. (Code 1960, S 2-307) Sec. 2-146. Clerk to mark repealed ordinances; index to ordi- nances. Whenever any ordinance or section thereof shall be repealed, it shall be the duty of the city clerk to write or stamp on the face of the record of 'said ordinance or section thereof, in the original ordinance books of the city, and upon the face of the original ordinance or section thereof on file in his office, the word "Repealed''' together with a notation of the number and date of passage of the ordinance repealing such ordinance or section. The city clerk shall keep both a numerical and an alphabetical index of all ordinances passed by the board of commissioners and shall note thereon the repeal of any such ordinance or section thereof. (Code 1960, S 2-307) Sec. 2-147. Clerk to mark papers filed with him. Whenever any paper of any kind entitled or required to be filed with the city clerk, is presented to him for filing, the clerk shall, at the time of the reception thereof write or stamp thereon the word "Filed" together with the date of reception and the name of the clerk. (Code 1960, S 2-307) Sec. 2-148. Clerk to keep accounts. The city clerk shall keep the proper account books belong- ing to his office, and keep a special and distinct account of moneys or other property received by the treasurer, number all orders issued on the treasury for the payment of money 55 ~ 2-148 SALINA CODE S 2-153 and keep a record of the date of the issue of said order, the name of the person to whom issued, the amount and number of the same, and the date of the cancellation or payment of the same. (Code 1960, S 2-307) Sec. 2-149. Clerk to keep ordinance books and records, attest ordinances. The city clerk shall keep an ordinance book to be furnished by the city, in which he shall enter at length, in a plain and distinct handwriting or typewriting, every ordinance enacted for the city immediately after its passage, and he shall ap- pend thereto a note stating the date of its passage, the page of the journal containing the record of the final vote on its pa'ssage, and also the name of the newspaper in which said ordinance was published, and the date of such publication and affix the seal of the city thereto, and in connection with the mayor attest the same. (Code 1960, S 2-307) Sec. 2-150. Clerk to keep records of orders and drafts. The city clerk shall keep an accurate record of all orders and drafts in a book to be provided for that purpose. (Code 1960, S 2-307) Sec. 2-151. Clerk to keep records of special meetings. In case of special meetings, the call and the object, as well as the action of the board thereon, shall he entered upon the journal by the city clerk. (Code 1960, S 2-307) Sec. 2-152. Clerk to record appointments. The city clerk shall enter every appointment of office and the date thereof on the journal. (Code 1960, S 2-307) Sec. 2-153. Duties of clerk as custodian of records. The city clerk shall be the custodian of all city records ex- cept such as are required to be kept by other officers, and shall file all papers and records, which shall at all reasonable times be open to public inspection. (Code 1960, S 2-307) 56 e ~ 2-154 ADMINISTRATION ~ 2-158 Sec. 2-154. Clerk to keep bond record. He shall keep a full and accurate account of all bonds issued by the city, recording them in a book by date, number, amount of each, to whom payable, where payable, date of maturity and when cancelled. (Code 1960, S 2-307) Sec. 2-155. Clerh: to record and certify special assessments and taxes. The city clerk shall keep a record of special assessments and certify the same and all taxes to the county clerk in the man- ner provided by law. (Code 1960, S 2-307) e Sec. 2-156. Other duties of clerk. The city clerk shall perform such other and further duties as may be prescribed by state law or ordinances of the city or as may be directed at any time by the city manager. (Code 1960, S 2-307) Sec. 2-157. Clerk may delegate duties. All acts required to be performed by the clerk hereunder or by any other ordinance shall be performed by the clerk or by his deputy or assistant under his direction. (Code 1960, S 2-307) e Sec. 2-158. General duties of treasurer; procedure for re- ceipts and disbursements. The city treasurer shall receive and keep all money belong- ing to the city, and payout the same on w~rrants or warrant- checks issued by the director of finance and countersigned by the city manager. All moneys belonging to such city and received by any officer or agent thereof, from collections, fines, or any other source whatsoever, shall be by him de- posited with the city treasurer daily. For all moneys received the city treasurer shall give duplicate receipts in all cases, one to the party paying the said money into the treasury and one to the director of finance. All persons charged with the collec- tion of any money under ordinances of the city or so provided 57 ~ 2-158 SALINA CODE S 2-160 by law, shall promptly pay the same over to the treasurer, under such penalty as may be prescribed by ordinance. The party paying shall then hold said original receipt. The city treasurer shall keep the accounts of the city in such a way that a full statement of the city finances may be made each month. Said treasurer shall render a full and correct itemized statement of all receipts and payments to the board of com- missioners at their first regular meeting in each month and at such other times as may be required by said board or the city manager. The city treasurer shall make deposits daily of all such sums of money as shall be received by him from all sources of revenue whatsoever to his credit as treasurer of such city, in one or more banks, as provided by ordinance. No funds shall be paid out by said treasurer except by check or draft upon such bank or banks, and all checks or drafts drawn by said treasurer on such bank or banks shall be coun- tersigned by the director of finance who shall keep an account record of each check or draft so countersigned by him; pro- vided, that a combination warrant and check may be used as authorized by K.S.A. 1@-80l. Said treasurer shall also keep a separate account of each fund, and shall credit each account with the funds received therefor, and charge each account with the amount legally paid out therefrom; and no money shall be paid out of anyone fund for any object or purpose other than that for which the fund was created. (Code 1960, ~ 2-307) Sec. 2-159. Treasurer to use designated depositories. Mter the board of commissioners has properly designated a depository or depositories, and such depositories have qualified by giving the security required by statute, the city treasurer shall deposit daily all money coming into his hands as treas- urer in such depositories so long as such depositories are quali- fied and shall payout money only in the manner provided by law. (Code 1960, ~ 2-307) Sec. 2-160. System for treasurer's records; who may inspect. The city treasurer shall keep his books and accounts in a regular system as required by statute, and such books and ac- 58 e ~ 2-160 ADMINISTRA TION ~ 2-163 counts shall at all reasonable times be open to the inspection of the city manager, mayor, city clerk, city attorney or any commissioner. (Code 1960, S 2-307) e Sec. 2-161. Duties of treasurer under cash basis act. The city treasurer shall not knowingly pay any order, war- rant, check or other evidence of indebtedness out of the treas- ury of the city in excess of the amount of funds actually on hand in the treasury at the time for such purpose, unless other- wi'Se provided in the "cash basis act" (K.S.A. Art. 11, Ch. 10). He shall keep a record of the amount of money on hand in the treasury, which record shall show at all times the amount of. money in each particular fund, and each order, warrant, check or other evidence of indebtedness, drawn on the treasury and paid, giving the date of payment. He shall, upon the request of any member of the board of commissioners or at the request of any taxpayer of the city or at the request of any person desiring to contract with the city or who has a claim against the city, exhibit such record to such person or give such person a statement in writing, showing the balances on hand in each of the funds of the city. (Code 1960, S 2-307) Sec. 2-162. Expenditures to be as budgeted. No claim, warrant, or certificate of indebtedness in any form shall be allowed, issued, approved, attested, registered or paid for any other purposes than that for which the tax levy is made, and no part of any fund shall be diverted in any manner whether before or after the distribution of taxes by the county treasurer to any other purpose than that for which the levy was made except as provided by law. (Code 1960, S 2-307) e Sec. 2-163. Quarterly financial reports required of treasurer. The treasurer shall publish or cause to be published in the official city paper within twenty (20) days after the quarter ending in March, June, September and December of each year, a statement showing the total amount received into each fund and the total amount expended from each fund, and the cash 59 ~ 2-163 SALINA CODE ~ 2-172 balances of each fund at the beginning and close of each quar- tel'; provided, that such quarterly statement shall show the amount of outstanding registered warrants, temporary notes, bonds and all other obligations and liabilities of the city. (Code 1960, ~ 2-307) State law reference-For similar provisions, see K.S.A. 12-1608. Sec. 2-164. Treasurer to deliver paid warrants, bonds, etc., to clerk. The treasurer shall on the first Monday of each month de- posit in the office of the clerk all warrants, orders, coupons, bonds and scrip that have been paid and received by him and take the clerk's receipt. (Code 1960, ~ 2-307) Sec. 2-165. Treasurer to deliver effects of office to successor. The treasurer shall deliver over to his successors in office or to any person authorized by law or ordinance to receive the same, all moneys, books, papers and other things pertain- ing to his office. (Code 1960, S 2-307) Sees. 2-166-2-170. Reserved. DIVISION 7. DEPARTMENT OF WATER AND SEWERAGE* Sec. 2-171. Created; purpose. The department of water and sewerage is created for the administration of affairs relative to the operation of the city water system, sewage disposal system and sanitary sewage collection system. (Code 1960, ~ 2-308; Ord. No. 6593, S 1, 1-2-62) Sec. 2-172. Duties of director of utilities. The director of utilities, under the supervision of the city manager, shall be responsible for and have general supervision *Cross reference-For water and sewers generally, see Ch. 35. State law reference-For combined water and sewerage systems, see K.S.A. 12-856 et seq. 60 e e e ~ 2-172 ADMINISTRATION ~ 2-174 over the water system and sewerage system of the city, and all property connected therewith. He shall be responsible for seeing that accurate daily records are kept by all departments under his supervision and shall submit monthly and annual reports concerning the operation of these departments to the city manager. He shall see that all equipment of said water system and sewerage system is maintained in a good condition and be responsible for the safe and efficient operation of the same. He shall have the immediate control and management of and generally supervise the superintendent of the water system, the office manager of the department of water and sewerage, the superintendent of sewage disposal and super- intendent of the sanitary sewage collection system. (Ord. No. 6593, ~ 2, 1-2-62) See. 2-173. Duties of superintendent of water system. The superintendent of the water system, under the direction of the director of utilities, shall be responsible for the manage- ment, control and operation of the city water system. He shall make periodic inspections of the water system equipment and see that the same is maintained in a good state of repair. He shall be responsible for the supply, treatment and distribution of water throughout the water system and shall have the im- mediate control and management of all the employees in said system. He shall keep daily records of the operation of said system and make monthly and annual reports to the director of utilities. (Ord. No. 6593, ~ 3, 1-2-62) Sec. 2-174. Duties of office manager. The office manager of the department of water and sewer- age, under the direction of the director of utilities, shall be responsible for the collection of all revenue due to the depart- ment of water and sewerage and generally supervise and man- age all office personnel in the customer accounting department. He shall keep accurate daily records of the operations of the department and submit monthly and annual reports to the director of utilities. (Ord. No. 6593, S 4, 1-2-62) 61 ~ 2-175 SALINA CODE ~ 2-187 Sec. 2-175. Duties of superintendent of sewage disposal. The superintendent of sewage disposal, under the direction of the director of utilities, shall be responsible for the opera- tion, management and control of the sewage treatment plant of the city, and shall supervise the work of all employees of said plant. He shall be responsible for all property and equip- ment of the Salina sewage treatment plant and shall regularly inspect the same and see that it is maintained in a good state of repair. He shall be responsible for the proper treatment and disposal of sewage. He shall keep accurate daily records and make monthly and annual reports of the operations there- of to the director of utilities. (Ord. No. 6593, ~ 5, 1-2-62) Sec. 2-176. Duties of superintendent of sanitary sewage col- lection system. The superintendent of the sanitary sewage collection system, under the direction of the director of utilities, shall be re- sponsible for the operation, management and control of all city-owned sanitary sewer mains and laterals, sewage pump stations and all property connected therewith, and shall have the immediate supervision of the employees of said system. He shall make regular inspections of all equipment of the sanitary sewage collection system and see that it is kept in a good state of repair. He shall be responsible for the cleaning of all sanitary sewer mains and laterals. He shall keep accurate daily records of the operations of this system and make regular monthly and annual reports to the director of utilities. (Ord. No. 6593, ~ 6, 1-2-62) Sees. 2-177-2-186. Reserved. Article VI. Investment of Temporary Idle Funds See. 2-187. Authorized. Temporary idle moneys of the city not currently needed may, in accordance with the procedure hereinafter prescribed, be invested in: 62 e e e ~ 2-187 ADMINISTRA TION ~ 2-189 Sec. 2-187(1). Direct obligations to the United States Gov- ernment, which mature within one year from date pur- chased and which are guaranteed as to principal by the United States Government; or Sec. 2-187(2). Temporary notes of the city, issued pursuant to K.S.A. 10-123. The provisions hereof shall not ap- ply to any funds of the city, the investment of which is expressly authorized 0'1' limited or p:l'Ohibited by the statutes of the State of Kansas; or, Sec. 2-187(3). In interest bearing certificates of deposits. of the depository banks of the city; 0'1' Sec. 2-187 ( 4-). In interest bearing accounts with federally insured savings and loan associations located within the city; or Sec. 2-187(5). No-fund warrants of the city, or the Salina airport issued pursuant to an order of the board of tax appeals of the state. (Ord. No. 6893, S 1, 11-29-65) Sec. 2-188. Procedure and restrictions. The city manager and city clerk shall periodically report to the governing body as to the amount ava,ilable for invest- ment and the period of time such amounts will be available for investment, and shall submit such recommendatiO'ns as are deemed necessary for the efficient and safe management of the city finances. The recommendatiO'ns of the city mana.ger and city clerk shall provide for an investment program which shall so limit the amount invested and schedule the maturities of investment sO' that the city will at all times have sufficient mO'ney available on demand deposit to assure prompt pay_ ment of all oity O'bligations. The governing body shall deter- mine by resO'lutiO'n the amount, method and terms of any in- vestment and the type of investment made, subject to. the prO'visions of this article. (Ord. NO'. 6893, S 2, 11-29-65) Sec. 2-189. Custody and safe keeping of securities. Securities purchased pursuant to this article shall be under the jO'intcare of the city clerk, city treasure,r and city man- ager and shaIl be! held in the custody O'f a state O'r natiO'nal bank O'r trust company, or shall be kept by such officers in a SuPp. No.2 63 ~ 2-189 SALINA CODE ~ 2-195 safety deposit box of the city in a bank or trust company. Se- curities in an original ar receipt farm may be held in the custody of a bank or trust company, shall be held in the name af the city and their redemption, transfer or withdrawal shall be permitted O'nly upon the written instruction O'f at least two (2) such city O'fficers. Securities nO't held in custo<W of a bank or trust cO'mpany shall be persO'nally deposited by such officers in a safety deposit box in the name of the city in a bank or trust company, access to which shall be permitted only in the personal presence and under the signature of at least twO' (2) such Qfficers. (Ord. NO'. 6893, ~ 3, 11-29-65) Sec. 2-190. Sale or transfer of securities. If, in O'rder to' maintain sufficient mQney an demand deposit in any fund, as provided in section 2-188, it becomes neces- sary to' transfer ar sell any securities Qf such fund, any two (2) ar more af the afficers specified in section 2-189, may transfer said securities to' any other fund or funds, in which there are tempQrary idle mO'neys, or shall sell such securities and fO'r such purpose they shall have authO'rity to maintain all necessary written directiO'ns, endorsements O'r assignments for and O'n behalf O'f the city. Any such transfers or sales shall be reported in writing to the governing body at its next regu- lar. meeting. (Ord. NO'. 6893, ~ 4, 11-29-65) Sec. 2-191. Use of earnings from investments. The interest or other earnings from investmelllts made pur- suant to' this article shall bel credited prO' rata to the fund or funds from which the investments were made and shall be used, insofar as possible, to' relieve the ad valarem tax levies .of the city. (Ord. No. 6893, ~ 5, 11-29-65) Sec. 2-192. Clerk to keep records. The city clerk shall maintain a cO'mplete and detailed rec~ O'rd at all times .of all investments made pursuant to this ar- ticle. (Ord. NO'. 6893, ~ 5, 11-29-65) Sees. 2-193-2-195. Reserved. Supp. Nu, ~ 64 e e . ~ 2-196 ADMINISTRATION ~ 2-199 ARTICLE VII. SALINA ARTS COMMISSION* Sec. 2-196. Commission established. There is hereby established a Salina Arts Commission to promote and encourage public programs to further the devel- opment and public awareness of and interest in the city in connection with the artistic and cultural development of the city. (Ord. No. 8547, ~ 1, 3-7-77) Sec. 2-197. Membership; appointment; term. The said 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. The initial appointments to the commission shall be for one, two (2) and three (3) year terms and thereafter all appointments shall be for a term of three (3) years and until a successor is qualified; provided no person shall be appointed for more than two (2) consecutive full terms. (Ord. No. 8547, ~ 1, 3-7-77) Sec. 2-198. Organization. The commission shall annually organize and select the offi- cers as specified in the bylaws. The commission shall adopt such bylaws as may be necessary to accomplish the purposes of their organization, which said bylaws shall be effective upon adoption by the commission and approval by the governing body of the city. (Ord. No. 8547, ~ 1, 3-7-77) . Sec. 2-199. Duties and powers. The commission shall have the following duties and powers: (a) To hold regular public meetings and keep a written record of its proceedings which shall be public records. *Editor's note-Ord. No. 8547, ~ 1, enacted March 7, 1977, amended Art. VII to read as herein set out. Formerly Art. VII pertained to thf'! cul- tural arts commission, and was derived from Ord. No. 6946, ~~ 1-5, adopted Dec. 19, 1966, and Ord. No. 8059, ~ 1, adopted Dec. 22, 1969. Supp. No. 22 65 ~ 2-199 SALINA CODE ~ 2-200 (b) To annually review the financial needs of the programs for the development of the fine and performing arts and submit a proposed budget therefor to the city com- mission; to make expenditures in ac~ordance with the annual budget adopted by the city. (c) To make application and solicitation for and accept grants, gifts, and donations of money, property, or per- sonal services from individuals, groups, organizations, and the like or from any agency of the city, county, state or federal government granted or given for a pur- pose consistent with the purposes of this commission and to expend all funds so received. (d) To initiate, sponsor or conduct, alone or in cooperation with other public or private agencies, public programs to further the development and public awareness of, and interest in the fine and performing arts. (e) To advise end assist the city in connection with such other artistic activities as may be referred to it by the city. (f) To utilize the services of the director of arts as its executive secretary anrl such other staff as may be made available to it. (g) To serve as a clearing house for scheduling exhibits, concerts, recitals, lectures and other cultural events that may occur in the community. (h) To generally stimulate. facilitate, coordinate and coop- erate with existing organizations for the development of the arts and historical tradition of the city and to initiate programs and proposals of encOurageMent for promotion development of the arts, culture, heritage, beauty and tradition of the city. (Ord. No. 8547, ~ 1, 3-7-77) Sec. 2-200. Director of arts. There is hereby createu the position of director of arts of the City of Salina, to be appointed by and directly responsible Supp. No. 22 66 e ~ 2-200 ADMINISTRATION ~ 2-205 to the city manager. The salary of the director of arts shall be fixed by the governing body. (Ord. No. 8547, ~ 1, 3-7-77) Sees. 2-201-2-205. Reserved. ARTICLE VIII. RESERVED* e *Editor's note-Ord. No. 8730, ~ 1, adopted Aug. 13, 1979, repealed Art. VIII, ~~ 2-206-2-216, pertaining to the bicentennial center author- ity, derived from Ord. No. 8623, ~ 1, enacted March 6, 1978. [The next page is 89] e Supp. No. 25 67 Chapter 3 ADVERTISING* Sec. 3-1. Distributing matter in or attaching to motor ve- hicles. It shall be unlawful for any person, as principal or agent, to place or cause to be placed, any handbills, circulars, cards, posters, leaflets, pamphlets, booklets, showbills or other adver- tising 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 con- strued to prevent the officers 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 advertis- ing done in public conveyances. (Ord. No. 6891, S 1, 11-15-65) - 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, circulars, 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 requested such delivery. (Ord. No. 6891, S 2, 11-15-65) Sec. 3-3. Posting on utility poles, public or private property. Sec. 3-3(1). Offenses. Any person who shall put up, attach or post any signs, bills, dodgers, advertisements or notices of any kind or character, of any material whatsoever, upon any telephone, telegraph, el8ctric light pole, or upon any pole erect- ed for the purpose of carrying the wires of any public utility, or upon any lamppost, hitching post, hydrant, drinking foun- tain, sidewalk, bridge or fence or building any of which may be located or situated in any street or alley or other public *Cross references-For signs, see ~ 9-63 et seq.; for license fee for street advertising, see ~ 20-66. 89 ~ 3-3 SALINA CODE 9 3-5 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 consent of the owner thereof, shall be guilty of a misdemeanor. Sec. 3-3(2). Removal. Any sign, bill, dodger, advertisement or notice posted or maintained in violation of this section shall be torn down and removed by the chief of police or by any policeman at his direction. Sec. 3-3(3). Exceptions. This section shall not apply to notices posted by order of the city-county health department in the dis- charge of any official duty nor to the posting of legal advertise- ments at places required or designated by law or by ordinance. (Code 1960, S 23-413) Sec. 3-4. Damaging, defacing lawfully posted advertising. Any person who shall tear down, deface, mutilate, obscure or otherwise inj ure any written or printed posted or handbill or other advertisement which shall have been lawfully posted, nailed or otherwise posted for a lawful purpose within the city, shall be guilty of a misdemeanor. (Code 1960, S 23-414) Sec. 3-5. Loudspeakers and sound trucks-License required. There is hereby levied a license fee upon every person, who shall, within the city, conduct, pursue, carry un 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 op- erated on the streets of said city or from any stationary loca- tion on private property by which the sound of such adver- tisement or announcements, either in the form of music, voice or otherwise by any of the means aforesaid, is projected into any public street, for the purpose of calling attention to per- sons in such public street or elsewhere the advertisement or announcement projected from or by means of any such de- vice. (Code 1960, S 16-601) Cross reference--For licenses .generally, see Ch. 20. 90 e ADVERTISING ~ 3-7 ~ 3-6 Sec. 3-6. Same-License fee; operating without license. The license fee levied and provided for under the provisions of the preceding section shall be in the sum of five dollars ($5.00) per day for each loudspeaker, radio or phonograph device from which advertisement or announcement is project- ed, and it shall be unlawful for any person to use any such device within the city and upon the publie streets thereof or adjacent to any such public street until such person shall have applied to the city clerk for such license, and shall pay the license fee provided for herein and shall have received a li- cense from the city clerk to conduct, pursue, carryon or op- erate within the city. for the time for which such license fee is paid, such calling, trade or occupation. (Code 1960, ~ 16-602; Ord. No. 8375, ~ 1, 11-25-74) e Sec. 3-7. Same-Prohibited hours. It shall be unlawful for any person to use or operate any :mch 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 pro- visions of this article shall be deemed to permit the use thereof during any of the time when Buch use is prohibited by the pro- visions of thi::; section. (Code 1960, ~ 16-603) e Supp. No. 19 [The next page is 117] 91 e e . Chapter 4 AIR POLLUTION Sec. 4-1. Definitions. As used in this chapter: Board shall mean the board of appea'ls hereinafter created. Building official shall mean the building official of the city. Cinders, dust, fly ash, noxious acids, fumes and gases, sh8il1 be considered to be all matter other than denRe smoke, in- cluding coke, cinders, dust and soot formed as a result of the combustion of fuel, which are carried in the gas stream so as to reach the external air and which have not been completely consumed by the combustion process. Dense smoke shall mean that smoke which has a density of No. 2 or greater as established by the Ringlemann Chart, hereinafter referred to and adopted. Person, firm or corporation shall mean any individual, part- nership, firms, associations, companies, corporations, syndi- cates or other groups or groups of organized or unorganized individuals who may employ, own, use or operate any fuel- consuming device. Ringlemann Chart shall be that standard published by the United States Bureau of Mines to determine the density of smoke, as hereinafter adopted by reference in section 4-2. (Code 1960, S 18-201) Sec. 4-2. Ringlemann Chart adopted; use. Sec. .4-2(1). Adopted. The standard by which the density of smoke is to be measured will be the Ring!emann Chart, published by the United States Bureau of Mines, which is hereby made a part of this chapter by reference. Sec. .4-2(2). Use. Use of the chart will be made by placing it at such distance from the observer so that the squares appear as even shades of coloring, or when no white spaces 117 ~ 4-2 SALINA CODE ~ 4-3 between the lines are visible. Comparison of the smoke under observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall be not less than one hundred (100) feet nor more than one- quarter (1/4) mile from the 'Smoke observed. (Code 1960, S 18-213) Sec. 4-3. Duties of building official. The duties of the building official shall be: Sec. 4-3(1). To investigate all complaints of violations of this chapter and to institute necessary proceedings in case of violations; Sec. 4-3(2). To investigate and make recommendations from time to time to the board of commissioners with respect to needed revisions in this chapter or any other ordinance pertaining to smoke control and air pollution; Sec. 4-3(3). To make yearly inspections of all fuel-con- suming deviCf~s within the city to determine whether compliance is being had with the provisions of this chapter as more specifically required in section 4-9; Sec. 4-3 ( 4). To prepare and disseminate appropriate edu- cational and informative literature to the public for the purpose of advising them of the purposes and neces- sity for thel smoke prevention campaign; Sec. 4-3(5). To cooperate fully with all civic or other or- ganizations which may be or become interested in the smoke prevention campaign; Sec. 4-3(6). To promulgate and publish rules and regula- tions under which this chapter will be administered, providing in detail and with clarity the necessary information by which the public is to be guided. Copies of the Ringlemann Chart shall be made available to the public without charge. The rules and regulations herein prescribed to be adopted shall be prepared only after a thorough consideration of the air pollution problem as it exists in the city; Sec. 4-3 (7). To issue all permits required under the terms of this chapter, and to notify all parties concerned of 118 e e e ~ 4-3 AIR POLLUTION any decision he may render and to provide such parties with an opportunity to have a full hearing as herein- after 'Set forth in section 14-13; Sec. 4-3(8). To do any and all other acts which may be necessary for the successful prosecution of the purposes of this chapter, and such other acts as may be spe- cifically enumerated herein as his duties. (Code 1930, ~ 18-205) Sec. 4-4. Emission of dense smoke prohibited; abatement au- thorized. It 'Shall be unlawful for any person to permit the emission of any smoke from any source whatever of a density equal to or greater than that density prescribed as No. 2 on the Ringlemann Chart, published by the United States Bureau of Mines, the standards of which are hereby fully adopted by the enactment of this chapter and adopted by reference in section 4-2. The emission of such dense smoke is declared to be a public nuisance and may be summarily abated by the building official, or by anyone whom he may designate for 'Such purpose; provided, that this section shall not be ap- plicable to the circumstances set forth in section 4-5. (Code 1960, ~ 18-202) Sec. 4-5. Exceptions to dense smoke prohibitions. The provisions of section 4-4 of this article shall not be applicable: Sec. 4-5(1). Residences. To private residences in which no more than two (2) families are or can be housed. To all larger dwellings, of whatever type, this article shall be fully effective and applicable. Sec. 4-5(2). Rekindling fires. When a fire box, boiler, loco- motive or other fuel-consuming device is being cl€aned out and a new fire is being built therein, in which event a smoke of a density greater than that described as No. 2 of the Ringlemann Chart shall be permitted for a period of not to exceed six (6) minutes in any single period of sixty (60) minutes. (Code 1960, ~ 18-203) 119 S 4-5 ~ 4-6 SALINA CODE ~ 4-7 Sec. 4.6. Escape of soot, cinders, noxious acids, fumes, gases prohibited; abatement authorized. It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or of the public, or in such manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and may be summarily abated by the building official, or by anyone whom he may designate for such purpose. (Code 1960, S 18-204) Sec. 4-7. Use of smokeless solid fuel. It shall be unlawful for any person to use or consume in any solid fuel-burning equipment any solid fuel which does not meet the standards of a smokeless solid fuel as set forth in this section. Smokeless fuel, for the purpose of the enforce- ment of this chapter, shall be considered a fuel, the volatile content of which is twenty per cent (20%) or less on a dry basis: Provided, that if a fuel contains volatile matter in excess of twenty per cent (200/0) on a dry basis, it shall be acceptable under the terms of this chapter provided that it meets the same standards in regard to smoke production as that of a fuel containing less than twenty per cent (200/0) volatile matter on a dry basis, and subject to the following conditions in order to ascertain whether or not such standards are met: Sec. 4-7(1). Complete plans and specifications for the use of such fuel must be submitted to the building official, together with any additional information he may rea- sonably require regarding the product; Sec. 4-7(2). An adequate supply of the finished product must be made available to the building official to conduct whatever tests he deems necessary to establish its value as a smokeless solid fuel; Sec. 4-7(3). Any person whose product is submitted to such tests must pay in advance all expenses necessary to the attendant tests; 120 e e e ~ 4-7 AIR POLLUTION ~ 4-8 Sec. 4-7(4). The building official shall be authorized to publish a list of brands or trade names of smokeless solid fuels as defined under this section, and to compile and publish from time to time statistics in reference to the supply, prevailing prices and' other pertinent facts for the guidance of the public; Sec. 4-7(5). Provided, that solid fuel having a volatile content in excess of twenty per cent (20%) on a dry basis but not meeting the conditions hereinabove enumerated can be used or consumed upon issuance of a permit of approval by the building official only in heating devices equipped with appliances which are so constructed as to insure the complete combustion of all fuel used and further designed to prevent any and all air pollution prohibited by this chapter, and' which devices have been previously approved by the building official. (Code 1960, S 18-206) Sec. 4-8. Construction, reconstruction, addition, alteration, re- pair of devices. No new fuel-burning plants nor reconstruction, repair, ad- dition or alteration to any existing fuel-hurning plants for producing power and heat, or either of them, not refuse- burning equipment, nor any stack or furnace connected with such fuel or refuse-burning equipment, shall be installed, erected, reconstructed, repaired, added to or altered in the city until plans and specifications of the same have been filed' by the owner, contractor, installer or other person in the office of the building official as being so designed that same can be managed and operated to conform to the provisions of this chapter, and a permit issued by the building official for such installation, erection, reconstruction, repair, addition to or alteration. The building official shall, by appropriate rules and regulations, require such information on the plans and specifications of the foregoing as will enable him to make a determination of whether such construction, reconstruction, repair, addition or alteration work will conform to the re- quirements of this chapter or be in viobtion hereof. If it appears that such proposed work will !:lot be inconsistent 121 ~ 4-8 SALINA CODE ~ 4-11 with the purposes of this chapter, the building official shall issue the permit; otherwise it shall be denied. Compliance with this 'Section shall not be deemed to be compliance with other city requirements with respect to the construction or repair of buildings. (Code 1960, S 18-207) Sec. 4-9. Annual inspection, certification of devices. It shall be the duty of the building official to make an annual inspection of each fuel-consuming device in operation within the city to which this chapter applies and to issue a certificate of inspection to the owner of each such device so inspected providing it meets the 'Standards established in this chapter. Such certificate shall be authorization for the con- tinued operation of fuel-consuming deviceR. Failure to possess a proper certificate of inspection shall be considered to be a violation of this chapter. (Code 1930, S 18-208) Sec. 4-10. Grace period authorized. Whenever it has been adequately demonstrated to the build- ing official that compliance with the terms of this chapter cannot be effectively and immediately made, the building official shall have the authority to grant a temporary permit for the continued operation of such noncomplying equipment, but only in the event that the party has taken all necessary steps to secure compliance with this chapter. Such temporary permit shall be issued for no longer a period than six (6) months, at the expiration of which period of time, the party holding such permit shall be deemed to be in violation of the provisions of thi'S chapter. The fees established in section 4-11 shall not be applicable to the permits authorized by this section. (Code 1960, S 18-212) Sec. 4-11. Permit and inspection fees. The fees to be charged by the building official for the va- rious permits required herein shall be three dollars ($3.00) each, with the exception of annual inspection fees, which shall 122 e ~ 4-11 AIR POLLUTION ~ 4-14 be, for the initial inspection, five dollars ($'5.00) and for all subsequent inspections, three dollars ($3.00). (Code 1960, S 18-214) Cross reference-Fee for permits when not obtained on time, ~ 1-11. Sec. 4-12. Interfering with enforcement. Any person interfering in any manner or impeding the performance of duty of the building official shall be deemed guilty of a misdemeanor. This section shall likewise apply to the performance of duty of those employees and representa- tives of the building official. (Code 1960, S 18-211) e Sec. 4-13. Hearings by building official required. Any person aggrieved by any ruling rendered by the build- ing official shall have the right to require the building official to conduct a full and complete hearing prior to actual and final decision. Such hearing shall afford the person aggrieved with a full opportunity to present any evidence which he may desire to support his position. It shall be the duty of the building official to promptly notify all parties concerned of his ruling in such hearings. (Code 1960, S 18-209) Sec. 4-14. Board of appeals designated; duties, procedures. The building board of appeals shall act as the board of appeals under this chapter. The board of appeals may pre- pare such rules and regulations as may be deemed necessary for them in the discharge of their duties. They shall decide all appeals properly before them, and shall either affirm, modify or overrule the decision of the building official which they may be called upon to review. On all appeals taken to the board, appropriate hearings shall be held after due notice thereof to the parties concerned. All pertinent papers in the files of the building official shall be made available to the board in each case. (Code 1960, S 18-210) Cross reference-For building board of appeals, see ~ 9-1. . 123 [The next page is 149] e Chapter 5 AIRPORT Sec. 5-1. Authority 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." (Ord. No. 6854, S 1, 4-26-65) Sec. 5-2. Board of directors to manage authority. 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. ( Ord. No. 6854, S 2, 4-26-65) e Sec. 5-3. 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. (Ord. No. 6854, S 3, 4-26-65 ) Sec. 5-4. Police power extended over airport. Sec. 5-4(1). The police power of the city is hereby extended to include all territory of the municipal airport. Sec. 5-4(2). The lands included in the municipal airport shall be deemed to be a part of the corporate limits of the city. Sec. 5-4(3). All general ordinances of the city are hereby declared to be applicable to the airport. (Code 1960, S 3-102) Cross reference-Police power extended to city property, l\ 1-10. e Sec. 5-5. Rules and regulations-Adoption and promulgation. The Salina 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 regulations and amendments thereof, after SUP1>. No. 6 149 ~ 5-5 SALINA CODE ~ 5-9 approval by the board of commissioners, shall be filed in the offices of the city clerk, airport manager and airport author- ity. (Ord. No. 6991, S 1, 6-5-67) Amendment note-Ord. No. 6991, ~ 1, amended this Code by adding ~~ 5-5 and 5-6. Sec. 5-6. Same-Violation. Any person violating any of the rules and regulations adopt- ed in accordance with section 5-5 shall be guilty of a misde- meanor. (Ord. No. 6991, S 1, 6-5-67) Note-See amendment note following ~ 5-5. Sec. 5-7. Airport zoning commission-Created. There is hereby created a commission to be known as the Salina airport zoning commission. (Ord. No. 7033, S 1, 12-18-67) Amendment note-Ord. No. 7033, ~ 1, amended this Code by adding ~~ 5-7-5-9. Sec. 5-8. Same-Number of commissioners; qualifications. The Salina airport zoning commission shall consist of all of the members of the city planning commission of the City of Salina, Kansas, as created in accordance with section 27-1 to section 27-12 of the Salina Code; and that appointment by the board of commissioners to said city planning commission shall automatically constitute appointment to the Salina air- port zoning commission for the same term as provided for in Article I of Chapter 27 of the Salina Code. (Ord. No. 7033, S 1, 12-18-67) Amendment note-See amendment note following ~ 5-7. Sec. 5-9. Same-Duties. The Salina airport zoning commission herein created shall have such powers and duties as specified and provided for in the Airport Zoning Act of the State of Kansas the same being Article 7 of Chapter 3 of the Kansas Statutes Annotated and amendments thereto. (Ord. No. 7033, S 1, 12-18-67) Amendment note-See amendment note following ~ 5-7. State law reference-Authority to adopt airport zoning regulations, K.S.A. 3-701-3-713. [The next page is 175] Supp. No.6 150 e e Chapter 6 ALCOHOLIC BEVERAGES* Art. I. Alcoholic Liquor, ~~ 6-1-6-34 Art. II. Cereal Malt Beverages, ~~ 6-35-6-78 Art. III. Class B Clubs, ~~ 6-79-6-88 Article I. Alcoholic Liquor Sec. 6-1. 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. Sec. 6-1 (1). Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted', whatever may be the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol. Sec. 6-1(2). Alcoholic liquor includes the four (4) varieties of liquor as defined herein, namely alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and' capable of being consumed as a beverage by a human being, but shall not include any beer or cereal malt beverage containing not more than three and two-tenths per cent (3.2%) of alcohol by weight. Sec. 6-1 (3). Beer, when its meaning is not enlarged, modi- fied or limited by other words, means a beverage, containing more than three and two-tenths per cent (3.2%) of alcohol by weight, obtained by alcohol fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like having such alcoholic content. Sec. 6-1 (.4). Distributor means the person, as hereinafter defined, importing or causing to be imported into the state, *Cross references-Permitting alcoholic beverages in pool and billiard haIls prohibited, ~ 7-75; driving while intoxicated, ~ 22-67; drunkenness prohibited, ~ 23-110; warrants to search for alcoholic beverages, ~ 29-3; using taxicabs to transport liquor, ~ 34-81. State law reference--F'or intoxicating liquors and beverages generaIly, see K.S.A. Ch. 41. 175 ~ 6-1 SALINA CODE S 6-1 or purchasing or causing to be purchased within the state, alcoholic liquor for sale of resale to retailers under the pro- visions of the Kansas Liquor Control Act, being KS.A. Chapter 41, Articles 1 through 11. Sec. 6-1 (5). Manufacture means to distill. rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, or with beer re- gardless of its alcoholic content, and includes blending. Sec. 6-1 (6). Manufacturer means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refill'S an original package and others engaged in brewing, fermenting, distilling, rectifying or bot- tling alcoholic liquors as above defined or beer regardless of its alcoholic content, under the provisions of the Kansas Liquor Control Act, being KS.A. Chapter 41, Articles 1 through 11. Sec. 6-1(7). Nonbeverage user means every manufacturer of any of the products set forth in KS.A. 41-501, when the 'Same contains alcohol or wine, and all laboratories using alcohol for nonbeverage purposes. Sec. 6-1 (8). 01-igina~ package means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or con- tainer whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor. Sec. 6-1 (9). Person includes any natural person, corpora- tion, partnership or association. Sec. 6-1 (10). Retai~er means a person licensed under the provisions of the Kansas Liquor Control Act, being KS.A. Chapter 41, Articles 1 through 11, who sells, or offers for sale, alcoholic liquors for use and consumption and not for resale in any form. Sec. 6-1 (11). Sa~e means any transfer, exchange or barter in any manner or by any means what'Soever for a considera- tion, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. 176 ... _.~."",,._.--------'- e e e ~ 6-1 ALCOHOLIC BEVERAGES Sec. 6-1 (12). Sell at retail and sale at retail refer to and mean sales for use or consumption and not for resale in any form. Sec. 6-1 (13). Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substances in solution, and includes brandy, rum, whiskey, gin, or other spiritous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. Sec. 6-1 (14). To sell includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell. Sec. 6-1 (15). Wine means any alcoholic beverage obtained by the normal alcoholic fermentation of the juice of sound, ripe grapes, fruits or berries, or other agricultural products, inclUding such beverages containing added alcohol or spirits, as above defined, or containing sugar added for the purpose of correcting natural deficiencies. (Code 1960, 9 6-101) State law reference-For similar provisions, see K.S.A. 41-102. Sec. 6-2. Manufacturers to be licensed by state; exception. No person shall manufacture, make, brew or distill any alcoholic liquor within the corporate limits of the city unless such person shall be licensed therefor under the provisions of the Kansas Liquor Control Act, being K.S.A. Chapter 41, Articles 1 through 11: Provided that nothing contained herein shall apply to or prevent: Sec. 6-2(1). The making of wine, cider or beer by a person from fruits, vegetables or grains, or the products thereof by simple fermentation and without distillation, if it is made solely for the purpose of use by the maker and his family. Sec. 6-2(2). Any drug store employing a licensed pharma- cist from possessing and using alcoholic liquor in the compounding of prescriptions of duly licensed physi- cians. Sec. 6-2(3). The manufacture of denatured alcoholic prod- ucts in accordance with acts of congres's and regula- tions promulgated thereunder. 177 S 6-2 ~ 6-2 SALINA CODE ~ 6-6 800. 6-2(4). The making of wine intended for use and used by any church or religious organization for sacra- mental purposes. (Code 1960, S 6-102) Sec. 6-3. 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 per cent (3.2%) of alcohol by weight) for consumption off the premises (sales in the original package only) in the sum of three hundred dollars ($300.00) 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 1960, S 6-103) State law reference-For authority to levy retailer's license tax, see K.S.A. 41-310. Sec. 6-4. State retailer's license required. No alcoholic liquor shall be sold at retail by any person within the corporate limits of the city unless such persons shall be licensed therefor under the provisions of the Kansas Liquor Control Act, being K.S.A. Chapter 41, Articles 1 through 11. (Code 1960, S 6-106) Sec. 6-5. State retailer's license prerequisite to city license. A holder of a license for the retail sale of alcoholic liquors by the package in the city, issued by the state director of alcoholic beverage control, shall present such license when applying to pay the license tax levied in section 6-3 and the tax shall be received and receipt issued for the period covered by the state license by the city clerk. (Code 1960, S 6-104) Sec. 6-6. Penalty for failure to have city retailer's license. Any person, copartnership or association having a state license to retail alcoholic liquor by the package who shall fail to pay the license tax levied by section 6-3 and within the time prescribed shall, upon conviction thereof, be fined not 17.8 e e e ~ 6-6 ALCOHOLIC BEVERAGES 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 1960, S 6-105) See. 6-7. Days, hours when retail sale prohibited. No person shall sell at retail any alcoholic liquor within the corporate limits of the city: Sec. 6-7(1). On the day of any national, state, county or city election, inclUding primary elections, during the hours the polls are open; Sec. 6-7(2). On the first day of the week, commonly called ~unday; Sec. 6-7(3). On Decoration or Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; Sec. 6-7(.1,). Before 9 :00 a.m. or after 10 :00 p.m. on any day when sale is permitted. (Code 1960, ~ 6-106; Ord. No. 8345, ~ 1, 4-8-74) State law reference-For similar provisions, see K.S.A. 41-712. Sec. 6-8. Mixing drinks on retailer's premises prohibited. It shall be unlawful for a retailer of alcoholic liquor to permit any person to mix drinks on or in the licensed prem- ises. (Code 1960, S 6-107) State law reference-For similar pl'ovisions, see K.S.A. 41-718. Sec. 6-9. Retailer employing minors prohibited. It shall be unlawful for a retailer of alcoholic liquor to employ any person under the age of twenty-one (21) years in connection with the operation of such retail establishment. (Code 1960, S 6-107) State law reference-For similar provisions, see K.S.A. 41-713. See. 6-10. Retailer employing felon prohibited. It shall be unlawful for a retailer of alcoholic liquor to employ any person in connection with the operation of such retail estabJishment who has been adjudged guilty of a felony. (Code 1960, S 6-107) State law reference-For similar provisions, see K.S.A. 41-713. SuPp. No. 18 179 ~ 6-<1 0 ~ 6-11 SALINA CODE ~ 6-15 See. 6-11. Entertainment in retail premises prohibited. It shall be unlawful for a retailer of alcoholic liquor, other than a duly licensed club, to furnish any entertruinment in his premises or permit any pinball machine or game of skill or chance to be located in or on such premises. (Code 1960, ~ 6-107) See. 6-12. Minors misrepresenting age. 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. (Code 1960, ~ 6-108) State law reference-For similar provisiona, see K.S.A. 41-715. See. 6-12.1. Sale to minors prohibited. No person shall knowingly or unknowingly sell, give away, or dispose of, exchange or deliver, or permit the sale, gift or procuring any alcoholic liquors for or to any minor. (Ord. No. 6953, ~ 1, 1-30-67) Amendment note-Ord. No. 6953, ~ 1, adopted Jan. 30, 1967, amended this Code byaddilng ~ 6~12.1. See. 6-13. Purchases by minors prohibited. No minor shall attempt to purchase or purchase alcoholic liquor from any person. (Code 1960, ~ ~108) State law reference-For similar provisiona, see K.S.A. 41-7'1.5. See. 6-14. p~on by minors prohibited. No minor shall possess al90holic liquor. (Code 1960, ~ 6-108) See. 6-15. Furnishing to incapacitated persons. No person shall knowingly sell, give away, dispose of, ex- change or deliver, or perinit the sale, gift or procuring of any alcoholic liquor to or for any person who is an incapaci- tated person, or any person who is physically or mentally incapacitated by the consumption of such liquor. (Code 1960, S 6-108) State law referenee-For similar provisions, see K.S.A. 41-716. Supp. No. 18 180 e ~ 6-16 ALCOHOLIC BEVERAGES ~ 6-16 Sec. 6-16. Penalty for violating sections 6-12 through 6-15. Any person violating any of the provisions of sections 6-12 through 6-15 shall be punished by a fine of not more than one hundred dollars ($100.00), or by limprisonment for not to exceed thirty (30) days, or by both such fine and imprison- ment. (Code 1960, ~ 6-108) State law reference-For similar provisiOl1lS,s.ee K.S.A. 41-715. e e Supp. N'l. 2 180.1 e ~ 6-17 ALCOHOLIC BEVERAGES Sec. 6-17. Sale to be only in original packages. No person, except a manufacturer, distributor or whole- saler, shall fill or refill, in whole or in part, any original package of alcoholic liquor with the same or any other kind or quality of alcoholic liquor; and it shall be unlawful for any person to have in his possession for sale at retail any bottles, cask or other containers containing alcoholic liquor, except in original packages. (Code 1960, S 6-109) State law reference-For similar provisions, see K.S.A. 41-718. Sec. 6-18. Distributor's license tax levied. e 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 prem- ises 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 said tax shall be paid within ten (10) days after the issuance of any license unto any such distributor, or any renewal of a license issued unto such distributor by the state director of alcoholic beverage control. (Code 1960, S 6-110) State law reference~For state license tax, see K.S.A. 41-310. Sec. 6-19. State distributor's license prerequisite to city li- cense. The holder of a license as an alcoholic liquor distributor issued by the state director of alcoholic beverage control shall present such license when applying to pay the license tax levied in section 6-18 and the tax shall be received and a receipt issued for the period covered by the state license. (Code 1960, S 6-111) . Sec. 6-20. Penalty for violations by distributors. Any firm, copartnership, association or corporation having a state license as an alcoholic liquor distributor which shall fail to pay a license tax herein levied and within the time prescribed hereunder, or who shall violate any other provision of this article shaH, upon conviction thereof, be fined n.ot more 181 ~ 6-20 ~ 6-20 SALIN A CODE ~ 6-21 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 authorized by law. (Code 1960, ~ 6-112) Sec. 6-21. possession, transportation regulated. Subject to the limitations hereinafter provided, the pos- session and transportation of alcoholic liquor for personal use only shall be legal: Sec. 6-21 (1). Transporting. It shall be unlawful for any person to transport in any vehicle upon a public high- way, street or alley, within the corporate limits of the city, any alcoholic liquor, except in the original package or container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork flhall 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 vehicle while it is in motion. Any person violating this section shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be punished by a fine of not more than two hundred dollars ($200.00), or by im- prisonment for not more than six (6) months or by both such fine and imprisonment. Sec. 6-21 (2). Possessing. It shall be unlawful for any person to have in his possession any cask or package of alco- holic 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: Pro- vided, that nothing herein contained shall apply to the possession and transportation of alcoholic liquors by any manufacturer, wholesaler, distributor, retailer, nonbeverage user or common carrier operating pur- suant to the provisions of the Kansas Liquor Control Act, being K.S.A. Chapter 41, Articles 1 through 11, or to the possession and transportation of wine im- 182 ~ 6-21 ALCOHOLIC BEVERAGES ~ 6-23 ported solely for use by any church or religious organi- zation for sacramental purposes and uses. (Code 1960, S 6-113) State law reference-Similar provisions, K.S.A. 41-804 and 41-407. Sec. 6-22. Consuming in public places. e Within the corporate limits of the city, it shall be unlawful for any person to drink or consume alcoholic liquor upon the public streets, alleys, roads or highways, or in beer parlors, taverns, pool halls, or places to which the general public has access, whether or not an admission or other fee is charged or collected, or upon property owned by the state or other gov- ernmental subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways; provided how- ever, the limitation aforesaid shall not apply to real property leased by the city to others under the provisions of Sections 12-1740 to 12-1749, inclusive of the Kansas Statutes Anno- tated. (Code 1960, S 6-114; Ord. No. 7049, S 1, 3-18-68) Amendment note-Ord. No. 7047, ~ 1, amended ~ 6-22 by adding' the proviso concerning real property leased by the city and by deleting' the penalty provision providing a fine of between $50.00 and' $200.00 or imprisonment for not more than 6 months, or both, for violations. State law reference-Similar provisions. K.S.A. 41-719. Sec. 6-23. Open saloons prohibited. - It shall be unlawful for any person to own, maintain, oper- ate or conduct either directly or indirectly, an open saloon, within the corporate limits of the city. For the purposes of this section the words "open saloon" means any place, public or private, where alcoholic liquor is sold or offered for sale or kept for sale by the drink or in any quantity of less than one-half (112) pint, or sold, offered for sale, or kept for sale for consumption on the premises where sold. Any person 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 ($500.00) and by imprisonment for not more than ninety (90) days. (Code 1960, S 6-115) State law reference-Similar provisions, K.S.A. 41-803. supp. No.6 183 ~ '6-24 SALINA CODE ~ 6-24 Sec. 6-24. Exceptions. Sec. 6-21,.(1). Nothing contained in this article shall prevent: (a) The making of wine, cider or beer by a person from fruits, vegetables or grains, or the product thereof, by a simple fermentation and without distillation, if it is made solely for the use of the maker and his family. (b) Any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession. (c) Any hospital of other institution caring for the sick and diseased persons, from possessing and using alco- holic liquor for the treatment of bona fide patients of such hospital or institution. (d) Any drugstore employing a licensed pharmacist from possessing and using alcoholic liquor in the compound- ing of prescriptions of duly licensed physicians. '(e) The possession and dispensation of wine by an author- ized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church. (f) The possession and transportation of alcoholic liquor for the personal use of the possessor, his family and guests except that the provisions of section 6-21 of this article shall be applicable to all persons. , Sec. 6-21,.(2). None of the provisions of this article shall apply: (a) To flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but the pro- visions of this article shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such preparations and products. (b) To wine intended for use and used by any church or religious organiz$ltion for sacramental purposes. Sapp. No.6 184 e ~ 6-24 ALCOHOLIC BEVERAGES ~ 6-35 (c) To the manufacture of denatured alcohol produced in accordance with acts of congress and regulations pro- mulgated thereunder. (Code 1960, ~ 6-116) State law reference-For similar provisions, see K.S.A. 41-104, 41-105. Sec. 6-25. Consuming in the Salina Bicentennial Center. It shall be lawful to drink, or consume, alcoholic liquor within the confines of the Salina Bicentennial Center. (Ord. No. 8679, ~ 1, 12-11-78) Sec. 6-26. Salina Bicentennial Authority to adopt rules. The Salina Bicentennial Authority is hereby authorized to adopt rules and regulations pertaining to the drinking or con- sumption of alcoholic liquor within the Salina Bicentennial Center. (Ord. No. 8679, ~ 2, 12-11-78) Sees. 6-27-6-34. Reserved. e ARTICLE II. CEREAL MALT BEVERAGES Sec. 6-35. Definitions. e As used in this article, the words and phrases herein de- fined shall have the following meanings unless the context otherwise requires: Sec. 6-85(1). Cereal malt beverages shall include any fer- mented but undistilled liquor brewed or made from malt or from a mixture of malt and/or malt substitute but shall not include any such liquor which contains more than three and two-tenths per cent (3.20/(1) of alcohol by weight. Sec. 6-35(2). Gmzeral retailer is a licensee who has a license to retail cereal malt beverages in bottles, original and unbroken cases, and from kegs or in kegs lots. Sec. 6-3.5 (3). Licensee is a person who has a license as herein required. Sec. 6-35 (4). Pel'son shall include individuals, firms, co- partnerships, corporations and associations. Supp. No: 24 185 * 6-35 SALINA CODE ~ 6-37 Sec. 6-35 (5). Place of business shall mean any place at which cereal malt beverages are sold. Sec. 6-35(6). Retailer fOT consumption off premises is a licensee who has a license to sell at retail cereal malt beverages in original and unopened containers and not for consumption on the premises. Sec. 6-35 (7). Sale at retail and retail sale mean sales for use or consumption and not for resale in any form. Sec. 6-35(8). Wholesalet' or distt'ib1(to'l' shall mean indi- viduals, firms, copartnerships, corporations and asso- ciations which sell or offer for sale any beverage re- ferred to in this article, to persons, copartnerships, corporations and associations authorized by this article to sell cereal malt beverages at retail. (Code 1960. 9 6-201) State law reference-For similar provisions. see K.S.A. 41-2701. Sec. 6-36. Retailers to be licensed; scope of licenses. No person shall sell any cereal malt beverage at retail with- out 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 retailer for consumption off the premises as designated in this article shall not sell any such beverage in any other manner, and a person having only a license to sell cereal malt beverages as a general retailer shall not sell any such beverage in any other manner than that covered by such license: Pro- vided, that a general retailer may also secure a license as a retailer for consumption off the premises on complying with the requirements of this article and securing an additional license as a retailer for consumption off the premises. (Code 1960, ~ 6-202) Sec. 6-37. Retail license fee established. There are hereby prescribed retail license fees as follows: Sec. 6-37(1). General retailer for each place of business, one hundred fifty-five dollars ($155.00) per calendar year. Supp. No. 24 186 e ~ 6-37 ALCOHOLIC BEVERAGES ~ 6-38 Sec. 6-97(2). Retailer for consumption off the premises for each place of business, eighty dollars ($80.00) per cal- endar year. (Code 1960, ~ 6-203; Ord. No. 7022, ~ 1, 11-27-67; Ord. No. 8426, ~ 1,4-14-75) State law reference-For state license fees. see K.S.A. 41-2702. Sec. 6-38. Partial fees prohibited; retail license for part of year. 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 hereunder is made and the licensee shall only be authorized to operate under the license for the remainder of the calendar year in which the license is issued. (Code 1960, ~ 6-203) e e Supp. No. 24 186.1 - e e ~ 6-39 ALCOHOLIC BEVERAGES ~ 6-40 Sec. 6-39. Application for retail license required. Any person desiring a retail license shall make application to the board of commissioners of the city and accompany the application with the required license fee for each place of business for which the person desires the license. The appli- cation shall be verified, and upon a form prepared by the Attorney General of the State of Kansas, and shall contain such information as the board of commissioners of the city may require which shall include the following: Sec. 6-39(1). The name and residence of the applicant and how long he has resided within the State of Kansas; Sec. 6-39(2). The particular place for which a license is desired; Sec. 6-39(3). The name of the owner of the premises upon which the place of business is located; Sec. 6-39 ( 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 turpitude, or been adjudged guilty of drunkenness, or driving a motor vehicle while under the influence of intoxicating liquor or the violation of any other intoxi- cating liquor law of any state or of the United States. Each such application, in case the applicant is a corpora- tion, shall be accompanied by affidavits executed by each officer, director, and stockholder owning in the aggregate more than twenty-five per cent (25%) of the corporation's stock, and of the manager of such business, containing the same information as hereinabove required of an individual applicant, and in case the applicant is a partnership, firm or association, the application shall be accompanied by affi- davits duly executed by each member of such firm, copartner- ship or association, and of the manager of such business, containing the same information. (Code 1960, S 6-204) Sec. 6-40. Examination, investigation of application for retail license. If the application for a retail license is in proper form and accompanied by cash in the amount of the license fee and Supp. No.8 187 ~ 6-40 SALINA CODE ~ 6-42 the required affidavits, the board of commISSIoners of the city shall examine the application and affidavits, and after such examination, the board of commissioners of the city shall refer such application to the chief of police for further investi- refer such application to the chief of police for further investi- gation and report if they deem such additional investigation necessary. (Code 1960, ~ 6-205) Sec. 6-41. Issuance of retail license. If the board of commissioners with or without such investi- gation of the chief of police shall find the applicant to be qualified as provided by law, the board of commissioners shall authorize a license to the applicant and direct the city clerk to issue a retail license to the applicant. (Code 1960, S 6-205) State law reference-Similar provisions, K.S.A. 41-2703. Sec. 6-42. Persons not entitled to retail license. No retail license required by this article shall be issued to: Sec. 6-42 (1). A person who is not a resident of the city and who has not been a resident in good faith of the State of Kansas for at least one (1) year prior to said application and a resident of Saline County for at least six (6) months prior to said application. Sec. 6-42(2). A person who is not of good character and reputation in the community in which he resides; Sec. 6-42(3). A person who is not a citizen of the United States; Sec. 6-42 ( 4). A person who within two (2) years imme- diately preceding the date of making application has been convicted of a felony or any crime involving moral turpitude, or been adjudged guilty of drunkenness or driving a motor vehicle while under the influence of intoxicating liquor, or the violation of any other intoxi- cating liquor law of any state or of the United States; Sec. 6-42(5). A copartnership, unless one of the copartners is a resident of the city, and unless all the members of such copartnership shall otherwise be qualified to ob- tain a license; Supp. No.8 188 . . . ~ 6-42 ALCOHOLIC BEVERAGEs ~ 6-45 Sec. 6-42(6). A corporation, if any manager, officer or di- rector thereof or any stockholder owning in the aggre- gate more than twenty-five per cent (25%) of the stock of such corporation, would be inelegible to receive a license hereunder for any reason other than non- residence within the city; Sec. 6-42(7). A person whose place of business is conducted by a mana'ger or agent unless said manager or agent possesses the same qualifications required by the li- censee. (Code 1960, ~ 6-205; Ord. No. 8048, ~~ 1, 2, 10-6-69) State law reference--For similar provisions, see K.S.A. 41-2703. Sec. 6-43. Retail license 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 1960, ~ 6-205) Sec. 6-44. 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 1960, ~ 6-206) Sec. 6-45. Transferability of retail license. Sec. 6-45(a). The retail license required by this article shaH not be transferable under any circumstances from one person to another or from or to :lny firm, copartnership, corporation or association. Sec. 6-45 (b). The retail license required by this article 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 location to another until the city clerk shall upon being authorized Supp. No. 16 189 i 6-45 SALINA CODE i 6-47 by the board of commissioners endorse upon the license permission to transfer the same to another location, but in order to obtain 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 respects with the requirements of this act. No such removal shall be made by any licensee until his said license has been endorsed to that effect by the city clerk. Sec. 6-1,.5 ( c). A retail license to sell cereal malt beverages shall be purely a personal privilege, expiring on the 31.8t day of December in the year issued, unless sooner suspended or revoked, as in this act provided, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, volun- tarily or involuntarily, except as stated in (a) and (b) above, or 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. Sec. 6-1,.5(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 1960, ~ 6-206; Ord. No. 8258, S 1, 11-13-72) Sec. 6-46. . Retail license to be posted. The retail license required by this article shall be kept posted in a conspicuous place in the place of business. (Code 1960, ~ 6-206) Sec. 6-47. 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 Supp. No. 16 190 e f 6-47 ALCOHOLIC BEVERAGES calendar year for which it is issued, and that it is subject to revocation in the manner provided by law and by this article. (Code 1960, ~ 6-206) Sec. 6-48. Hours, days sales and cobSumption prohibited. No cereal malt beverages may be sold, or may be consumed in any place open to the public, between the hours of 12 :00 midnight and 6-:00 a.m. or on Sunday or on the day of any national, state, county, or local elections including primary elections, during the hours the polls are open, within the political area in which such election is held. (Code 1960, ~ 6-207; Ord. No. 6694, ~ 1, 3-26-63) State law reference-Similar provisions, K.S.A. 41-2704. e Sec. 6-49. Consuming in public streets. Within the corporate limits of the dty, it shall be unlawful to drink or consume cereal malt beverages upon the public streets, alleys, roadways or highways, or inside any vehicle while upon the public streets, alleys, roads, or highways. (Ord. No. 7046, ~ 1, 3-18-68) Sec. 6-50. Reserved. Editor's not~Ord. No. 8439, ~ I, enacted June 16, 1975, repealed ~ 6-50 relative to private rooms and closed booths in places of business selling cereal malt beverages for consumption on the premises. Said section was derived from Code 1960, ~ 6-207; Ord. No. 6695, ~ I, adopted March 26, 1963; and Ord. No. 8138, ~ I, adopted Jan. 18, 1971. Sec. 6-51. Place of business to be open to public and police. A place of business in which cereal malt beverages are sold shall be open to the public and to the police at all times during business hours; provided that a premises licensed as a club under a license issued by the state director of alcoholic bev- erage control need only be open to the police. (Code 1960, ~ 6-207; Ord. No. 6694, ~ 1, 3-26-63; Ord. No. 8139, ~ 1, 1-18-71) State law reference-Similar provisions, K.S.A. 41-2704. e Sec. 6-52. Possessing alcoholic liquor in premises. No person shall have any alcoholic liquor in his possession while in a place of business where cereal malt beverages are Supp. No. 24 191 ~ 6-52 ~ 6-52 SALINA CODE ~ 6-56 sold unless the premises are currently licensed' as a club. (Code 1960, ~ 207; Ord. No. 6694, ~ 1, 3-26-63) State law reference-Similar provisions, K.S.A. 41-2704. See. 6-53. Furnishing to minor under eighteen. No person shall knowingly or unknowingly sell, give away, dispose of, exchange and deliver, or permit the sale, giving away, or procuring of any cereal malt beverage for or to any person below the age of eighteen (18) years. (Code 1960, ~ 6-207; Ord. No. 6694, ~ 1, 3-26-63) State law reference-Similar provisions, K.S.A. 41-2704. Sec. 6-54. Misrepresenting age. No person under the age of eighteen (18) years shall repre- sent that he is of the age of eighteen (18) years or over for the purpose of asking for, purchasing, or obtaining by any means any cereal malt beverage from any person whatsoever. (Code 1960, ~ 6-207; Ord. No. 6694, ~ 1, 3-26-63) State law reference-Similar provisions. K.S.A. 41-2704. Sec. 6-55. Loitering by persons under eighteen. No person under the age of eighteen (18) years shall enter into or loiter about any place of business selling cereal malt beverages; provided, that such restriction shall not apply to the premises of a retailer who sells cereal malt beverages 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 of Salina, Kansas, for the current year, or the Salina Bicentennial Center. (Code 1960; ~ 6-207; Ord. No. 6694, ~ 1, 3-26-63; Ord. No. 8153, ~~ 1, 2, 3-29-71; Ord. No. 8713, ~ 1,5-14-79) Sec. 6-56. Revocation of licenses authorized; notice; grounds. The board of commissioners of the city, upon five (5) days' notice to persons holding any such license, shall revoke such licenses for anyone of the following reasons: Sec. 6-56(1). If a licensee has fraudulently obtained the license by giving false information in the application therefor. Supp. No. 24 192 e e e ~ 6-56 ALCOHOLIC BEVERAGES ~ 6-56 Sec. 6-56(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 relating to cereal malt beverages as herein defined. Sec. 6-56(3). If the licensee has become ineligible to obtain a license. Sec. 6-56 (.4). Drunkenness of the person holding such li- cense or permitting an intoxicated person to remain in such place. Sec. 6-56(5). The sale of cereal malt beverages to those under the age of eighteen (18) years. Sec. 6-56(6). The nonpayment of any license fees. Sec. 6-56(7). For permitting any gambling in or upon such premises. Sec. 6-56 ( 8). For permitting any person to mix drinks with materials purchased in said place of business or brought in for this purpose, provided that this pro- vision shall not apply if such place of business or prem- ises are also currently licensed as a club. Sec. 6-56(9). For the employment of persons under eighteen (18) years of age in dispensing cereal malt beverages. Sec. 6-56(10). For the employment of persons who have been adjudged guilty of felony or of any violation of the intoxicating liquor law. Sec. 6-56(11). For purchasing or displaying a federal retail liquor tax stamp, expiring after June 30, 1937, issued by the United States Treasury Department, except where issued for industrial, mechanical, scientific and medicinal purposes. Sec. 6-56(12). If any licensee whose principal business is the sale of cereal malt beverages or "tap beer" shall permit any person or persons under the age of eighteen (18) years to enter into or loiter about his place of business: Provided, that said licensee shall cause a sign to be displayed at all times in a prominent place at or near the entrance to his place of business 'Stating Supp. No. 20 193 ~ 6-56 SALINA CODE ~ 6-60 that no person under the age of eighteen (18) years shall be permitted on said premises. Sec. 6-56(13). For the sale or possession of or for per- mitting any person to use or consume upon or in said premises alcoholic liquor as defined by the laws of the State of Kansas relating thereto, provided that this provision shall not apply if such place of business or premises are also currently licensed as a club. (Code 1960, ~ 6-209) State law reference-For similar provisions, see K.S.A. 41-2708. See. 6-57. Committing act that is grounds for revocation pro- hibited. It is hereby made unlawful for any person to commit any act which is made a cause for the revocation of any license. (Code 1960, A 6-209) Sec. 6-58. Appeal from. revocation. Within twenty (20) days after the order of the board re- voking any license, the licensee may appeal to the district court of the county in the manner as now provided by law in appeals from the probate court: Provided, that any appeal taken from an order revoking any such license shall not sus- pend the order of revocation during the pendency of the appeal. (Code 1960, ~ 6-209) State law reference-For I!imliar provisions, see K.S.A. 41-2708. Sec. 6-59. Re-liceasing after revocation. In case of the revocation of the license of any licensee, no new license shall be issued to such person or persons acting for or on his behalf, for a period of six (6) months thereafter, unless the order of revocation shall be set aside by the district court of the county on appeal. (Code 1960, ~ 6-208) State law reference-For similar provisions, see K.S.A. 41-2708. Sec. 6-60. Samples for analysis. Every licensee shall, upon demand of any police officer or any other officer of the city, furnish to any such officer supp. No. 20 194 e e e ~ 6-60 ALCOHOLIC BEVERAGES ~ 6-62 without compensation at least two (2) samples of each and every kind of character of beverage which is in the possession of any such licensee in any such place of business for the purpose of examining and testing the same. (Code 1960, 9 6-210) Sees. 6-61-6-61.1. Reserved. Editor's note---Sections 6-61 and 6-61.1, relative to location and visi- bility of premises and dancing in places of business where cereal malt beverages are sold, were repealed by Ord. No. 8439, ~ 1, enacted June 16, 1975. Said sections were derived from Code 1960, ~ 6-211; Ord. No. 8140, ~ 1, adopted Jan. 18, 1971; and Ord. No. 8141, ~ 1, adopted Jan. 18, 1971. Sec. 6-62. Inspection of premises. All premises where any business is conducted under any license issued pursuant to this article shall be open for in- spection 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 pertaining to the same which may be required by any such officer. (Code 1960, 9 6-212) Supp. No. 20 194.1 e e e ~ 6-63 ALCOHOLIC BEVERAGES ~ 6-66 Sec. 6-63. Intoxication and disorderly conduct. No licensee shall sell or use or give away or permit the sale or use or giving away within or npon such licensed premises by any person, of any intoxicating liquor of any kind, nor shall such licensee permit any intoxicated person to be or remain upon any such licensed premises, or permit any disorderly conduct in such premises, at any time, and the presence of any intoxicated person in or upon any such licensed premises, or the existence of any disorderly conduct by any persons in or upon said premises, at any time, shall be deemed to be conclusive evidence that such intoxicated person is there, or that such disorderly conduct exists, with the per- mission of such licensee. (Code 1960, 9 6-214) Cross reference-Disorderly conduct generally, ~ 23-107. Sec. 6-64. License application constitutes acceptance of reg- ulations. Every person shall by his application for a license under this article and by the acceptance thereof when issued, be deemed to have specifically 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 manner of sale of any such bever- ages. (Code 1960, 9 6-215) Sec. 6-65. Licensee responsible for acts of employees. Every person to whom any license is issued under this ar- ticle shall be responsible for the ads 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 1960, 9 6-216) Sec. 6-66. General cleanliness and sanitation. Every place of business licensed unded this article and all equipment used in connection with the sale of cereal malt beverages and all persons employed in such places of business 195 ~ 6-66 SALINA CODE ~ 6-67 shall be kept in a clean and sanitary condition and no person shall be employed in or about such business place who is not in good health or who is afflicted with or suffering from any infectious or contagious disease. (Code 1960, ~ 6-217) Sec. 6-67. Relationship of retailer to manufacturer, distribu- tor, wholesaler. No manufacturer, distributor, agent or wholesaler shall, directly or indirectly, sell, supply, furnish, give or pay for, or loan or lease, any furnishings, fixture or equipment on thtl premises of a place of business of a licensee authorized under this article to sell cereal malt beverages at retail, nor shall he, directly or indirectly, pay for any such license, or advance, furnish, lend or give money for payment of such license, or purchase or become the owner of any note, mortgage or other evidence of indebtedness of such licensee or any form of se- curity therefor, nor shall such manufacturer, distributor or wholesaler, directly or indirectly, be interested in the owner- ship, conduct or operation of the business of any such licensee nor shall any manufacturer, distributor or wholesaler be in- terested, directly or indirectly, or as owner or part owner of said premises or as lessee or lessor thereof, in any premises upon which cereal malt beverages are sold at retail. No manu- facturer, distributor or wholesaler, shall, directly or indirectly, or through a subsidiary or affiliate, or by any officer, director, or member or firm of such manufacturer, distributor or whole- saler, furnish, give, lend or rent any interior decorations other than signs, costing in the aggregate more than one hundred dollars ($100.00) in anyone calendar year for use in or about or in connection with anyone establishment on which prod- ucts of the manufacturer, distributor or wholesaler are 'Sold. No person engaged in the business of manufacturing, dis- tribution 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. Any licensee who shall permit or assent, or be a party in any way to any violation or infring8ment of the provisions of this section shall be deemed guilty of a violation of this article. 196 e e . ~ 6-67 ALCOHOLIC BEVERAGES ~ 6-80 No wholesaler or distributor shall sell any cereal malt bev- erage to any person who has not secured a license as provided for in the article. (Code 1960, S 6-218) State law reference-For similar provisions, see K.S.A. 41-2705. Sec. 6.68. Wholesalers, distributors to be licensed by state. It shall be unlawful for any wholesaler and/or distributor, his or its agents or employees, to sell and'jor deliver cereal malt beverages within this city to persons authorized under this article to sell the same within the city unless such whole- saler and/or distributor has first secured a license from the director of revenue of the State of Kansas authorizing such sales. (Code 1960, S 6..:219) Sees. 6-69-6-78. Reserved. Article III. Class B Clubs:j'. Sec. 6-79. License required. It shall be unlawful for any individual, firm, copartner- ship, corporation or association, either as principal, officer, agent, servant or employee, to conduct, pursue, carryon and operate in the city a class B club as defined by the laws of the State of Kansas without having first paid to the city clerk the license fee hereinafter provided and having procured a li- cense from the governing body of the city. (Code 1960, S 6-301; Ord. No. 6871, 8-9-65) State law reference---'Class B clubs defined, K.S.A. 41-2601 (a) (3). Sec. 6-80. License tax levied; when must be paid. There is hereby levied an annual occupation or license tax on each operator of a class B club in the sum of two hundred fifty dollars ($250.00), who has a class B club 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 the state li- cense; provided, however, that any class B cluh in existence *State law reference--Licensing and regulation of clubs, K.S.A. Ch. 41, Art. 26. 197 ~ 6-80 SALINA CODE ~ 6-84 on August 12, 1965, shall have ten (10) days from said date to secure license hereunder. (Code 1960, @ 6-302; Ord. No. 6871, 8-9-65) Sec. 6-81. Applicant to have state license. A holder of a license for a class B cluh in the city issued by the state director of alcoholic beverage control shall pre- sent such license when applying to pay the license tax levied in section 6-80 and the tax shall be received and receipt issued for the period covered by the state license by the city clerk. (Code 1960, S 6-303; Ord. No. 6871, 8-9-65) Sec. 6-82. Application for license required. Any person desiring a license hereunder shall make appli- cation to the board of commissioners of the city and accompany the application with the required license fee for each place of business for which the person desires the license. The ap- plication shall be on such form and contain such information as requested by the board of commissioners. All applicants must have first secured the required liceme from the State of Kansas. (Ord. No. 6871, 8-9-65) Sec. 6-83. Journal to show action on application. The journal of the board of commissioners shall show the action taken on all applications for licenses hereunder. (Code 1960, S 6-305; Ord. No. 6871, 8-9-65) Sec. 6-84. Transferability of licenses. The license issued under this article 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 of the city and upon such conditions as the board of commissioners may prescribe. (Code 1960, S 6-305; Ord. No. 6871, 8-9-65) 198 e e . ~ 6-85 ALCOHOLIC BEVERAGES Sec. 6-85. License to be posted. A license issued under this article shall be !-{ept posted in a conspicuous place in the place of business. (Code 1960, ~ 6- 305; Ord. No. 6871, 8-9-65) Sec. 6-86. Contents of license. The license issued under this article shall state the name of the license, the location of the place of business for which the license is issued, the period for which it is issued, and that it is subject to revocation in the manner provided by law and by this article. (Ord. No. 6871, 8-9-65) Sec. 6-87. Revocation of license authorized; grounds. The board of commissioners of the city, upon five (5) days notice to persons holding any such license, shall revoke such license for anyone of the folloWing reasons: Sec. 6-87(1). If a licensee has fraudulently obtained a license by giving false information therefor; Sec. 6-87(2). If the licensee has violated any of the provi- sions of K.S.A. Chapter 41, Article 26, or any ordinance of the city prescribing rules or regulations relating to the operation of class B clubs; Sec. 6-87(8). If the licensee has become ineligible to obtain a license; Sec. 6-87(4). Nonpayment of license fee. (Code 1960, ~ 0- 306; Ord. No. 6871, 8-9-65) Sec. 6-88. Violation, penalty. Any firm, copartnership, association or corporation having a state license for class B club within the city who shall fail to pay a license tax herein levied and within the time pre- scribed or who shall violate any of the provisions of this article shall, Upon conviction thereof, be fined not more than one hundred dollars ($100.00) for each day's violation: Pro- vided, that nothing herein shall be construed to prohibit the city from collecting the license tax by any procedure author- ized by law. (Ord. No. 6871, 8-9-65) [The next page is 225 J 199 9 6-88 e Chapter 7 AMUSEMENTS AND RECREATION* Art. I. Reserved, Illl 7-1-7-17 Art. II. Carnivals, Circuses and Tent Shows, 1l1l7-18-7-35 Art. III. Public Dances, Illl 7-36-7-67 Art. IV. Billiards, Pool and Shuffleboard, 1l!l7-68-7-90 Art. V. Entertainment in Food Establishments, 1l1l7-91-7-107 Art. VI. Arcades, Il~ 7-108-7-125 Art. VII. Music Machines, Illl 7-126-7-130 ARTICLE I. RESERVEDt Sees. 7-1-7-17. Reserved. ARTICLE II. CARNIVALS, CIRCUSES AND TENT SHOWS e Sec. 7-18. Definitions. For the purpose of this article: Sec. 7-18(1). Carnivals shall be deemed to include attrac- tions or amusements in which merry-go-rounds, ferris wheels, riding devices and other amusement devices of a similar na- ture are used and shall also include,. whether operated in con- nection therewith or separately, other forms of amusements or attractions such as side shows, singing and dancing acts and other exhibitions, attractions, shows or devices of various kinds for the amusement of the public, commonly operated and known as carnivals, or as parts thereof, whether adver- tised as such or otherwise. Sec. 7-18(2). Circus shall be deemed to mean that kind of a show or exhibition ordinarily known and advertised as a cir- cus, including the exhibition of wild animals, trained animal acts, and performances by acrobats, aerial performers, trained *Cross references-For license fee for pinball, marble games, and amusement devices generally, see ~ 20-58; for parks and swimming pools, see Ch. 25. tEditor's note-Article I, ~~ 7-1-7-7, relative to the creation, organi- zation and functions of the board of public welfare, the issuance, denial and revocation of permits for certain places of amusement or recreation, and entering places of amusement without paying, was repealed by Ord. No. 8723, ~ 1, adopted July 9, 1979. Said article was derived from Code 1960, ~~ 4-101-4-104, and Code 1960, ~ 23-1134. Supp. No. 25 e 227 ~ 7-18 SALINA CODE ~ 7-20 animals, clowns, etc., and including side shows and exhibitions ordinarily shown in connection with and as a part of circuses, and the term "circus" shall also include menageries, wildwest shows, dog and pony shows and other similar exhibitions, whether operated alone or in connection with circuses having the other features hereinabove mentioned, or similar thereto, and the term "circus" shall also include any street parade shown or operated in the city and the unloading and/or mov- ing of circus equipment, exhibits and paraphernalia in the city and along or over the streets thereof, in connection with a circus which is shown outside the city. Sec. 7-18(3). Tent shows shall be deemed to include the- atrical, 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: Provided, that this article shall not apply to entertainments, concerts or musical exhibitions given by any church, school, lodge or other society or organization of the city when the proceeds thereof are exclusively for the benefit of charity or for the benefit of such church, school, lodge or organization, and where no part of such proceeds goes to any private individual or corporation, except in pay- ment of labor actually performed or for property or materials actually furnished for use in connection with such perform- ance, concert or entertainment. (Code 1960, ~ 4-201) Sec. 7-19. 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 hav- ing made application and securing a permit from the board of public welfare of the city and without first having complied with all the rules and regulations of such board of public wel- fare. (Code 1960, S 4-203) Sec. 7-20. License required. No person shall engage in, pursue, conduct or carryon in the city the calling, trade or occupation of conducting or op- Supp. No. 25 228 e e e ~ 7-20 AMUSEMENTS AND RECREATION ~ 7-22 erating a circus, carnival or tent show as in this article defined without first having paid to the city clerk the license fee as herein provided for, and without first having secured from the city clerk a license to conduct or operate the same. (Code 1960, ~ 4-204) Cross reference-For licenses generally, see Ch. 20. Sec. 7-21. Application for license required. Before any license shall be issued, 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 cir- cus, carnival or tent show for which a license is desired; the name of the owner thereof; the name under which the same is operated, conducted or shown; the permanent address or residence of such owner; the location of the place where the same is to be shown or operated and the date or dates upon which the same is to be shown or operated; together with a statement that the applicant will abide by and perform all of the provisions of this article and. of all other ordinances of the city and all regulations of the board of public welfare relating thereto. Such application shall be aceompanied by the original or duplicate of the permit issued to such applicant by the board of public welfare. (Code 1960, ~ 4-205) Sec. 7-22. License fees. A license fee is hereby levied upon every person engaging in the pursuit or occupation of operating or conducting any circus, carnival or tent show as herein defined within the city, which license fee shall be paid to the city clerk at the time the application provided for is filed, in the following amount: Sec. 7-22(1). Circuses. For every day upon which any circus is operated within the city, the sum of one hundred dollars ($100.00) ; Sec. 7-22(2). Carnivals. For every day upon which any car- nival is operated within the city, the sum of thirty- five dollars ($35.00): Provided, that if only riding devices are operated in connection with such carnival, the license fee shall be thirteen dollars ($13.00) per day; Supp. No. 19 229 ~ 7-22 SALINA CODE ~ 7 -3G Sec. 7-22(3). Tent shows. For every day upon which any tent show is operated within the city, the sum of thirty- three dollars ($33.00): Provided, that the license fee for one or more weeks shall be eighty dollars ($80.00) per week. (Code 1960, ~ 4-206; Ord. No. 8376, ~ 1, 11-25-74) Sec. 7-23. License fee cumulative; license not transferable. Every license tax herein provided for shall b2 paid by the person actually operating the circus, carnival or tent show to which such license fee is applicable, and the payment of any other license fee of any kind paid by any other person shall not be deemed to cover or take the place of aiw license fee provided for by this article, and no licen:::e issued hereunder shall be assignable or transferable. (Code 1960, ~ 4-207) Sec. 7-24. Gamhling prohibited. It shall be unlawful for any person to operate or conduct or to permit any other person to operat2 or conduct, or for any person to have in his possession, upon the premises oc- cupied by any circus, carnival or tent show within the city. any gambling device or game of chance. (Code 1960, ~ 4-202) Sec. 7-25. Lewd, indecent, obscene performances. No lewd, indecent or obscene performance shall be given or shown in connection with any circus, tent show or carnival as herein defined, and any person who shall show or permit the showing of, or who shall engag-e in, any such performance, shall be deemed guilty of a violation of the provision" of thi" Code. (Code 1960, ~ 4-208) Sees. 7-26-7-35. Reserved. ARTICLE III. PUBLIC DANCES Sec. 7-3(i. Defined. The term "public dance" as used in this article and in otheJ' ordinances of the city shall mean any dance to ,,'hich the publk is invited or to which any admission fee is charged under any form or guise whatsoever, whether paid at the door, 011 the floor, oJ' in the form of a subscription or whether paid hefon' Supp. No. 19 230 e e . ~ 7-36 AMUSEMENTS AND RECREATION ~ 7-37 or after said dance, under guise of dues or assessments, and where admission is secured by invitation or otherwise, except as hereafter provided; it being the intent of this article to define as a public dance any dance held within the city at any dance hall or auditorium, except one which may be given by one or more individuals at his or their own expense (as hereinafter limited) and except a dance to which no invited guest is required to pay any admission fee or charge in any guise or at any time, and except one which may be given by a bona fide club, society or other organization, having a per- manent membership, and which only the regular bona fide members of such club, society or organization and not to ex- ceed 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 1960, S 4-301) Sec. 7-37. Showing and certificate required if dance not pub- lic. Any dance which is given by any club, society or organiza- tion or by five (5) or more individuals is hereby defined to be a public dance until the person or persons in charge thereof shall appear before the board of public welfare and make a satisfactory showing to such board that the dance to be given is not a public dance as herein defined, in which case said board may issue to such person or person3 or to such society, club or organization a certificate to the effect that no permit is required for the holding of such dance: Provided, however, that such certificate may be revoked at any time by the board of public welfare, and any person or persons securing such a certificate for himself or themselves or for any such club, society or organization who shall, by virtue of such certificate, give a dance, which shall be determined by the board of public welfare to be a public dance as herein dt::fined, or shall, by virtue thereof, give any dance to which admission is charged in any guise or form, shall be deemed guilty of a misdemeanor. (Code 1960, S 4-302) 231 ~ 7-38 SALINA CODE ~ 7-41 Sec. 7-38. Certain sponsored dances declared public. No dance shall be deemed to be a club, society or organiza- tion dance so as to eliminate the necessity of securing a per- mit therefor under the provisions of this article, when only the members who atten~ :ouch dance are required to pay an admission or floor fee or charge, whether the same is collected in advance at the door, on the floor or at any time thereafter, it being the intent of this article to designate as a club, society or organization dance only such dance or dances as may be given by such club, society or organization and paid for out of the funds in the treasury of such organization and to which fund all members are required to contribute equally, whether or not such members attend any dance or dances. The board of public welfare, before issuing any certificate under the provisions of this article, may require any person or persons applying therefor, on behalf of any 'Such club, society or or- ganization, to furnish satisfactory evidence of the nature thereof. (Code 1960, g 4-303) Sec. 7-39. Board of public welfare to supervise dances. In addition to any and all other duties now and hereafter provided by ordinance, it shall be the duty of the board of public welfare to have supervision of all dances as herein de- fined in the city. (Code 1960, ~ 4-304) Sec. 7-40. Notice required prior to holding dance. Before any public dance shall be held or before any dance shall be held by any person or persons, club, society or organi- zation, the person or persons giving or holding the same or in charge thereof shall notify the chairman of the board of public welfare of the proposed time and place thereof. (Code 1960, ~ 4-304) Sec. 7-41. Issuance of certificate or permit; fee. It the board of public welfare shall decide that the proposed dance is not a public dance, it shall issue ';t certificate as pro- vided in section 7-37, but if it shall decide that the dance is a public dance, it may, if it deems the applicant or applicants 232 e e e ~ 7-41 AMUSEMENTS AND RECREATION ~ 7-44 for such permit to be of a good moral character and entitled to receive the same, issue a permit for such dance upon the payment to it of a sum adequate to cover the expense of a supervisor to attend such dance if the board of public welfare deems such supervisor necessary, and in no event less than ten dollars ($10.00), and the board on issuing such permits shall notify the city clerk, who shall issue no license until such permit is granted. (Code 1960, 9 4-304) Sec. 7-42. Notice required of person in charge of premises; permitting illegal dances. Every owner, lessee or person in charge of any dance hall in the city, or of any other room or place in the city where any dance shall be held, shall notify the chairman of the board of public welfare and' the chief of police not later than 12 :00 noon of the day on which any dance is to be held in such dance hall or other place of the time, place and i1ame of the person or persons, club, society or organization proposing to use such hall or other place for any such dance, and no such person shall permit any dance to be held in any such hall unless there shall be exhibited to him a permit therefor or a certificate showing that such permit is not required. (Code 1960, 9 4-305) Sec. 7-43. Period of permit or certificate; revocation. The permit and certificate herein provided for may be issued for one or more dances or for a designated period' of time to be designated plainly on the face of such permit or certificate, and shall be revocable at any time with or without notice by the board of public welfare. (Code 1960, 9 4-307) Sec. 7-44. Appointment of supervisor; authority of super- visor and police. The board of public welfare shall have authority to desig- nate any suitable person, satisfactory to the city manager, who, when approved by the city manager, shall be commis- sioned as a special police officer, to act as the supervisor at any dance for which a permit is issued when the board of public welfare may de2ffi it necessary to have such a supervisor 233 ~ 7-44 SALINA CODE ~ 7-47 present at such dance. Such supervisor, and any police officer of the city shall have authority to attend any such dance, re- move therefrom any person or persons guilty of disorderly conduct or any misconduct or any intoxicated person, and to arrest any person found to be engaged in the violation of any law or ordinance. (Code 1960, ~ 4-308) Sec. 7-45. Authority of chairman between board meetings. The chairman, or acting chairman of the board of public welfare, shall have authority to do any of the acts as herein provided for and all authority herein conferred upon the board of public welfare 'Shall be vested in the chairman or acting chairman of such board at all times between the regular or special session of such board. (Code 1960, ~ 4-309) Sec. 7-46. Giving dance without permit prohibited. It shall be unlawful for any person, either individually or as the officer, director or member of any club, society or organi- zation to give or permit the giving or holding of any dance for which any admission charge is made or collected under any guise whatsoever, without first 'securing a permit as re- quired herein, or to give or hold any such dance after any such permit or any certificate as herein provided has been re- voked, or after any dance has been ordered stopped or discon- tinued as herein provided for. (Code 1960, ~ 4-310) Sec. 7-47. Disorderly conduct or illegal activities. If, at any dance given by any person or persons, club, so- ciety or organization, the persons attending 'Shall be disorderly or shall be guilty of any unbecoming conduct or shall be found to be violating any of the laws or ordinances of the State of Kansas or the City of Salina, any such person may be removed or any such dance may be ordered stopped by any supervisor appointed by the board of public welfare, or by any regular police officer of the city, and if the board of public welfare shall be satisfied that any 'Such conduct or violation has taken place, such board of public welfare may thereafter refuse to 234 e e e ~ 7-47 AMUSEMENTS AND RECREATION ~ 7-50 g-rant any certificate or any permit as provided for in this article to any such pen;on or persons, club, society or organiza- tion. (Code 1960, ~ 4-306) Cross referenn'- Disorderly eondul't got'nerally, ~ 2~-]07. Sec. 7-.1H. License required. It shall be unlawful for any person, persons, club, society or organization or the members, officers or directors thereof to conduct or operate any public dance or any dance hall or room or other place where public dancing is permitted in con- nection with the serving of food or drinks, whether or not any charg-e is made for such dancing in addition to the charg-e 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 firRt Recurin:.t' a license. (Code 1960, ~ 4-312) Sec. 7--19. Proximity to residences.- No public dance hall shall be operated, and no public dance shall be given, and no public dancing- as defined in section 7-48 of this article or as otherwise now or hereafter provided by ordinance, shall be permitted in any building which is lo- cated within fifty (50) feet of any dwelling house or other btlilding occupied exclusively for residence purposes, within the city. (Code 1960, ~ 4-313) Sec. 7-50. Application for license; license fee. Before any license required by this article is issued, the person or persons, club, society or organization or the mem- bers, officers or directors thereof, applying for the same, shall file with the city clerk an application for such license which Rhall state the name of the applicant and the location of the place where any such public dance is to be given, or where any Ruch public dance hall is to be operated, or where any such public d:mcing- is to be permitted, with sueh additional details with respect thereto as may 1)(' required by the city clerk, and shall pay to the city clerk a license fee for the same as follows: Supp. No. 19 2:-;5 ~ 7-50 SALINA CODE ~ 7-53 Sec. 7-50(1). For one year $133.00 Sec. 7-50(2). For six months 66.00 Sec. 7-50(3). For a single day or night 13.00 (Code 1960, ~ 4-314; Ord. No. 7026, ~ 1, 11-27-67; Ord. No. 8377, ~ 1, 11-25-74) Sec. 7-51. Permit prerequisite to license. In all cases where a premit is required by this article from the board of public welfare, the applicant for a license here- under shall exhibit such permit to the city clerk. (Code 1960, ~ 4-314) Sec. 7-52. Issuance, denial of license. If, upon the filing of such application and the payment of such license fee, it appears to the city clerk that under the provisions of this article and other 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 satis- fied from such application 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 applica- tion. If the application is approved by the board of commis- sioners. the city clerk shall issue such license, and if the ap- plication is rejected no license shall be issued, and the amount deposited with the city clerk as a license fee shall be returned to the applicant. (Code 1960, ~ 4-315) Sec. 7-53. Revocation of licenses. The board of commissioners shall have the right at any time, if such 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 con- ducted 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 commissioners. (Code 1960, ~ 4-315) Supp. No. 19 236 e e e * 7-54 AMUSEMENTS AND RECREATION ~ 7-68 Sec. 7-54. Licenses not transferable. No license issued under the provisions of this article shall be in any manner assignable or transferable. (Code 1960, S 4-316) Sec. 7-55. When license shall not be issued. No license required by this article shall be issued to or per- mitted to be held by any person or persons who are not of good moral character, or for the operation or conduct of any public dance or public dance hall or for any public dancing in any place where the ordinances of the city or the laws of the State of Kansas are violated. (Code 1960, ~ 4-316) Sec. 7-56. When licenses expire. Each yearly license issued hereunder ~hall expire on De- cember thirty-first following the date of issue and each six (6) months' license shall expire on the thirty-first day of July or on the thirty-first day of December, following the date of such issue. (Code 1960, S 4-316) Sec. 7-57. Sunday dances prohibited. It shall be unlawful for any person, persons, clubs, societies or organizations to conduct or assist in conducting a public dance on Sunday in the city. (Code 1960, S 4-317) Sees. 7-58-7-67. Reserved. ARTICLE IV. BILLIARDS, POOL AND SHUFFLEBOARD* Sec. 7-68. Billiard and pool table licenses required; expiration; transferability; fees. It shall be unlawful for any person to have, keep or main- tain, for hire or profit, in any place in the city, billiard or pool tables, without first securing a license therefor as in this article provided, and paying a license fee for each table of thirteen dollars ($13.00) per year or fractional part thereof. *Cross reference--For licenses generally, see Ch. 20. Supp. No. 19 237 * 7-68 SALINA CODE * 7-70 Such license shall expire on the last day of December next after the same is issued, and shall be nonassignable and non- transferable and shall be issued only to individuals and not to corporations. 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 1960, ~ 4-401; Ord. No. 6862, ~ 1, 6-28-65; Ord. No. 8378, ~ 1, 11-25-74) Sec. 7.69. License required for miniature pool tables, shuffle- board devices, other amusement devices; fees. It shall be unlawful for any person or persons to have, keep or maintain, for hire or profit in any place in the city, minia- ture pool or billiard tables or shuffleboard devices of any character upon which metallic, plastic or other metal discs are cast or any other amusement device not otherwise provided for by ordinance, without first securing a license therefor as in this article provided, and paying a license fee on all such tables, boards or other devices in the following amounts: For each of such tables, boards or devices, thirty-three dollars ($33.00) per year or fractional part thereof and otherwise be subject to the additional limitations provided in the pre- ceding section as to other licenses. (Code 1960, ~ 4-402; Ord. No. 8379, ~ 1, 11-25-74) Sec. 7-70. Application for license required; appeal from de- nia I. Any person desiring a license under thi<; article shall make application therefor in writing, over his or their signature, to the city clerk. Such applications shall state the number of billiard and pool tables, miniature pool tables, shuffleboards and other amusement devices, to be set up, kept and used; the location of the room or rooms in which such devices are to be set up and used. Such application ~hall also be accom- panied by a certificate of the board of public welfare of the city recommending the granting or rejecting of the same, and the city manager may approve such license or deny the issuance thereof if he deems the applicant therefor not of Supp. No. 19 238 e e e !\ 7-70 AMUSEMENTS AND RECREATION ~ 7-73 good character: Provided, that if such license is refused, the applicant may appeal to the board of commissioners who may in their discretion grant or refuse such license. (Code 1960, S 4-403) Sec. 7-71. Issuance of license. If the city manager shall deem the applicant to be a fit per- son to engage in such business, and shall approve such appli- cation, the city clerk shall upon payment of the license fee herein provided for, issue such license. (Code 1960, S 4-404) Sec. 7-72. Reserved.* Sec. 7-73. Age of players. It shall be unlawful for the owner, manager, keeper, or per- son in charge of any place described in the preceding sections of this article to permit or allow any person under the age of eighteen (18) years to play at or take part in any game in such place or to loiter or congregate in or about such place: Provided however, that persons under the age of eighteen (18) years may be permitted to play at or take part in games in any such place or to be in such place if the owner of such place shall, in addition to his applications for a license to op- erate such place, make a special application to the city man- ager for such permit and if such application shall be approved by the city manager after the same has been referred and approved by the board of public welfare. The board of public welfare or city manager may, as a condition to the granting of such special permit, place such restrictions upon the oper- ations thereof as may be deemed necessary. No such special permit shall be granted to the owner of any such place if beer is sold or used on such premises or if a license to sell malt or cereal beverages is in effect covering such premises. The violation by the owner, manager, keeper or person in charge of any such place of any of the provisions of this section, or * Amendment note-Ord. No. 6999, ~ 1, adopted June 29, 1967, speci- fically repealed ~ 7-72, derived from Code 1960, ~ 4-405, which regulated the hours of operation of pool halls. Said section has been reserved by the editors to maintain sequence. Supp. No.3 239 ~ 7-73 SALINA CODE ~ 7-74 any of the restrictions or agreements contained in the special application provided for herein, shall be grounds for the sus- pension or revocation of the permit granted pursuant to' such special application. (Ord. No. 7000, S 1, 6-26-67) Amendment note-Ord. No. 7000, ~ 1, amended ~ 7-73 by adding the provision for a special license for pool halls to permit persons under 18 years of age to play. Section 2 of said ordinance specifically repealed ~ 7-73 as derived from Code 1960, ~ 4-406. Sec. 7-74. Profane, indecent language; riotous, disorderly con- duct. It shall be unlawful for the owner, manager, keeper or person in charge of any pool or billiard hall to knowingly SuPp. No.3 240 e e e ~ 7-74 AMUSEMENTS AND RECREATION ~ 7-77 permit the use of profane or indecent language or to permit any riotous or disorderly conduct in such place. (Code 1960, ~ 4-407) Sec. 7-75. Permitting intoxicating liquor, disorder or gam- bling. It shall be unlawful for the owner, manager, keeper or per- son in charge of any pool or billiard hall to sell or keep for sale or free distribution any intoxicating liquors or to permit any intoxicating liquor to be kept or used in or about said premises, or to permit any disorder in or nbout said premises, or to permit any gambling in or about said premises. (Code 1960, ~ 4-408) Cross reference-For disorderly conduct generally, see ~ 23-107. Sec. 7-76. Connecting rooms. It shall be unlawful for the owner, manager, keeper or per- son 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 con- necting 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 1960, ~ 4-409) Sec. 7-77. License suspension. Every license issued under the provISIOns of this article may, in the event of the violation of any of the provisions of this article by the licensee, be suspended by the city manager: Provided, that upon such suspension the licensee may appeal to the board of commissioners for redress. (Code 1960, S 4- 410) 241 ~ 7-78 SALINA CODE ~ 7-80 Sec. 7-78. License revocation. Every license granted under the provi sions of this article shall be revocable and cancellable at the pleasure of the board of commissioners, irrespective of any other provision con- tained in this article for the revocation of any such license: Provided, however, that if such revocation or cancellation shall be made by the board of commissioners without or prior to the conviction of the owner or manager of such pool or billiard hall for any violation of this article, the pro rata portion of the license fee for the unexpired term of the license shall be returned to the person who shall have paid the same. (Code 1960, S 4-411) Sec. 7-79. Copy of article and license to be posted. At least two (2) copies of this article, and the license issued hereunder, shall be posted in conspicuous places in each pool or billiard hall licensed under the provisions of this article. and a failure to keep such copies and license posted shall be deemed a violation of the provisions of this article. (Code 1960, S 4-414) Sec. 7-80. Violations. Any person who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction of any person or persons to whom a license as provided for in this article shall have been issued, or upon the conviction of any manager, keeper or person in charge of any pool or billiard hall licensed under this article, or any employee thereof, of any such violation, or upon the conviction of any such person of selling or keeping for sale or free dis.. tribution, or of using or permitting the keeping or use of any intoxicating liquors, or of permitting any gambling in or about said premises, or upon the conviction of any other per- son upon the charge of gambling in or about said premises, the board of commissioners may revoke such license. After any such revocation, no license shall at any time thereafter be granted or issued to any such person so convicted, or in whose premises any such act was committed. (Code 1960, ~ 4-412) 242 e e e ~ 7-81 AMUSEMENTS AND RECREATION ~ 7-92 Sees. 7-81-7-90. Reserved. ARTICLE V. ENTERTAINMENT IN FOOD EST ABLISHMENTS* Sec. 7-91. License required; fees; expirations; transferability. 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 article pro- vided, and paying a license fee in the amount of thirty-three dollars ($33.00) per year or fraction thereof. Such license, when issued shall expire on the last day of December next after the same is issued, and shall be nonassignable and non- transferable, and shall be issued only to individuals and not to corporations. (Code 1960, S 4-501; Ord. No. 6837, 12-14-64; Ord. No. 7025, S 1, 11-27-67; Ord. No. 8380, S 1, 11-25-74; Ord. No. 8552, S 1, 3-28-77) Sec. 7-92. Application for license; appeal from denial. Any person desiring a license under this article shall make application therefor in writing, over his or their signature, to the city clerk. Such application shall state the precise nature and form of the entertainment to be provided in the place of business of the applicant and no other type of enter- tainment shall be permitted under that license. Such applica- tion shall also be accompanied by a certificate of the board of public welfare of the city recommending the granting or re- jecting of the same, and the city manager may approve such license or deny the issuance thereof if he deems the applicant therefor not of good character or the type of entertainment to be provided under the license to be detrimental to public morals or decency. Provided, that if such license is refused, the applicant may appeal to the board of commissioners who may, in their discretion, grant or refuse such license. (Code 1960, S 4-502; Ord. No. 6837, 12-14-64) *Cro8S reference--For licenses generally, see Ch. 20. Supp. No. 22 243 ~ 7-93 SALINA CODE ~ 7-97 Sec. 7-93. Issuance of license. 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 detrimental 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 1960, ~ 4-503; Ord. No. 6837, 12-14-64) Sec. 7-94. Hours limited; Sunday operation. It shall be unlawful for any person providing entertainment pursuant to a license issued hereunder to provide such enter- tainment on the first day of the week, commonly known as Sunday, or between the hours of midnight and 6 :00 p.m. on any day. (Code 1960, ~ 4-504; Ord. No. 6837, 12-14-64) Sec. 7-95. Intoxicating 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 intoxi- cating liquors or to permit any intoxicating liqu0r to be kept or used in or about said premises, or to permit any disorder in or about said premises, or to permit ~ny gambling in or about said premises. (Code 1960, ~ 4-505; Ord. No. 6837, 12-14-64) Cross reference----.For disorderly conduct generally, see ~ 23-107. Sec. 7-96. License suspension. Every license issued under the prOVISIOns of this article may, in the event of the violation of any of the provisions of this article by the licensee, be suspended by the city manager. Provided, that upon such suspension the licensee may appeal such suspension to the board of commissioners. (Code 1960, ~ 4-506; Ord. No. 6837, 12-14-64) Sec. 7-97. License revocation. Every license granted under the provisions of this article shall be revocable and cancelable by the board of commission- ers upon proof of: (1) Substantial or consistent violations of any of the provisions hereof; (2) Lack of good character of Supp. No. 22 244 - AMUSEMENTS AND RECREATION ~ 7-112 ~ 7-97 the holder of the license; or (3) Entertainment provided by the licensee that is detrimental to public morals or decency. (Code 1960, S 4-507; Ord. No. 6837, 12-14-64) Sees. 7-98-7-107. Reserved. ARTICLE VI. ARCADES* Sec. 7-108. Defined. An arcade is hereby defined as any place or business within the city wherein twenty-five (25) or more pinball machines, marble table games, rental table games, amusement devices, shuffleboards, photo-electric cell operated amusement de- vices, miniature pool tables or any other amusement devices of any kind or type are set up or kept for operation. (Code 1960, S 16-301) - Sec. 7-109. License required. It shall be unlawful for any person to operate an arcade without first having and procuring a license therefor. Each day's operation of an arcade without such a license shall be deemed to be a separate offense. (Code 1960, S 16-302) Sec. 7-110. License fee. The license fees for an arcade shall be four hundred sixty- seven dollars ($467.00) per calendar year, or any part there- of, plus fifteen dollars ($15.00) for each machine over twenty- five (25) machines set up or kept for operation therein. (Code 1960, S 16-303; Ord. No. 8381, S 1, 11-25-74) Sec. 7-111. Expiration of license. Any license issued for an arcade shall expire on the follow- ing December thirty-first. (Code 1960, S 16-304) Sec. 7-112. Licenses nonassignable. Arcade licenses shall be nonassignable. (Code 1960, S 16- 304) - .Cross reference-Licenses generally, Ch. 20. Supp. No. 19 245 ~ 7-113 SALINA CODE ~ 7-12ti Sec. 7-113. Age of licensees. No arcade license shall be issued to a person under hventy. one (21) years of age. (Code 1960, S 16-:304) Sec. 7-114. Issuance, form of licenses. The licenses provided for in this article shall be is~;;ued by the city clerk, with the corporate seal of the city affixed there- to, and shall recite the number of the license, the name of the person to whom issued, the amount paid therefor and a general description of the machines to be operated in the arcade. (Code 1960, S 16-305) Sec. 7-115. License revocation. Any license issued pursuant to this article shall be revoked by the city manager upon conviction of any licensee hereunder of any offense against the ordinances of the city, the laws of the State of Kansas, excepting minor traffic offenses, or laws of the United States of America. (Code 1960, ~ J6-306) Sees. 7-116-7-125. Reserved. ARTICLE VII. MUSIC MACHINES* Sec. 7-126. License 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 r;evice operated b~. depositing coins or tokens, without first having' secured u license from the city clerk to engage in such bwdness, trade or occupation, and for the keeping, maintaining and operating of any such device, and without first having paid to the city the license fee therefor as herein rl'ovid~d fol'. (Code 1960. * 16-701) .Cross reference--Fol' licenses generally, Ch. 20. SuPp. No. 19 246 e e . ~ 7-127 AMUSEMENTS AND RECREATION ~ 7-130 See. 7-127. License fee. There is hereby levied on every such person required to ob- tain a license by this article a license fee of twenty dollars ($20.00) per year for each such machine or device operating and/or playing one or more records with a coin or coins, or with any token. Such fee shall be payable at the time such license is issued. (Code 1960, ~ 16-701; Ord. No. 8382, ~ I, 11-25-74) Sec. 7-128. License expiration. Every license herein provided for expires on the next suc- ceeding July first or December thirty-first in the year in which it is issned. (Code 1960, ~ 16-701) Sec. 7-129. Contents of licenses; transferability. Every license issued under this article shall show the name of the licensee, a description of th~ machine and the location at which the machine is kept and shall not be transferable from one licensee to another or from one location to another, but may be transferred from one machine to another while operated by the licensee at the same location. (Code 1960, ~ 16-701) Sec. 7-130. Obscene, indecent words or music. It shall be unlawful for any person licensed to operate any music playing machine or device as provided for in this article or owning, maintaining or operating any place of business where any such music playing machine or device is kept, used or operated, to play or permit the playing on or by any such machine or device, by means of records, rolls or otherwise, any obscene or indecent music or words. (Code 1960 ~ 16-702) Supp. No. 19 [The next page is 273] 247 e Chapter 8 ANIMALS AND FOWL* Art. I. In General, !Hi 8-1-8-28 Art. II. Dogs, ~~ 8-29-8-50 Article I. In General Sec. 8-1. Mayor may suspend chapter, take emergency meas- ures in event of rabies epidemic. In the event that a rabies epidemic shall occur or may be deemed by the health officer to be imminent, all of this chap- ter, may be declared temporarily suspended by order of the mayor and 'Such emergency measures as Rrc necessary may be substituted by proclamation of the mayor. (Code 1960, ~ 5- 214; Ord. No. 6725, 7-8-63) e Sec. 8-2. Cruelty generally. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sus- tenance, cruelly beats, mutilates, or kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed or, having the charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shel- ter or protection from the weather, shall be guilty of a mis- demeanor. (Code 19-60, ~ 23-901) State law reference-For similar provisions, see K.S.A. 21-1201. Sec. 8-3. Running at large-Prohibited. It shall be unlawful for the owner, agent, or person having charge of any of the animals or fowl hereinafter named to *Cross references-Animals prohibited in food establishments, ~ 14-15; applicability of traffic regulations to animals and animal drawn vehicles, ~ 22-12; animals prohibited in parks, ~ 25-2; transporting dead or diseased animals over streets, ~ 32-5; depositing dead animals in streets prohibited, ~ 32-6. Supp. No. 13 273 * 8-3 SALINA CODE 9 8-5 allow the same to run at large within the limits of the city. Cattle, hogs, horses, mules, asses, sheep, goats, chickens, ducks, geese, turkeys or other domestic fowl of any kind. (Code 1960, ~ 5-101; Ord. No. 6725, 7-8-63) State law reference-For authority to prevent or regulate animals at large, see K.S.A. 13-435. Sec. 8-4. Same--Exemption. Nothing contained in section 8-3 shall be so construed as to prevent drovers or other person from driving any of the animals mentioned in section 8-3 through the limits of the city while enroute from farm to stockyard, pen or slaughterhouse; from stockyard to stockyard; from pen to slaughterhouse; from 'Stockyard to slaughterhouse; or through the city from city limits to city limits, the owner or owners or their agent or agents being responsible for all damage that may be sus- tained by reason of the driving of such animals. (Code 1960, ~ 5-105; Ord. No. 6725, 7-8-63) Sec. 8-5. Same--Impounding authorized; notice; redemption by owner. The police or any other person or persons duly appointed and employed for that purpose by the city manager, shall take up and impound any animal or fowl mentioned in section 8-3 found running at large. If the owner is unknown, the chief of police shall give five (5) days notice in three (3) Or more public places that the animal or fowl, sufficiently describing the same, has been impounded, and that if not redeemed with- in the time stated (not less than ten (10) days after impound- ing) will be sold, and that if no buyer appears, the animal or fowl may be sold, euthanized or otherwise disposed of. Any person who can prove ownership in, or right to such animal or fowl, may redeem the same within the time stated upon payment of the costs of feeding and impounding, and such payments shall be turned over to the city treasurer for the benefit ofthe city. (Code 1960, S 5-102; Ord. No. 6725, 7-8-63) Supp. No. 13 274 e ~ 8-9 1\ 8-6 ANIMALS AND FOWL Sec. 8.6. Same-Use of tranquilizer gun authorized. The police or other person or persons authorized to impound stray animals as provided herein are hereby authorized to use a tranquilizer gun. e Sec. 8-7. Same-Sale of impounded animals and fowl; dis- position of proceeds. If the animal or fowl is not claimed and the charges as here- in specified are not paid within ten (10) days after the date of notice aforesaid, the chief of police shall, on the eleventh day, at a time and place mentioned in the notice, proceed to sell the same to the highest bidder for cash, and, after deduct- ing from the proceeds of said sale the amount of all charges which have accrued, including the expense of impounding, keeping and advertising the same, he sh~.ll pay the balance to the city treasurer for the benefit of the city. If no buyer appears at the time of sale, the chief of police may continue the same from day to day or euthanize or otherwise dispose of the animal or fowl. (Code 1960, ~ 5-103; Ord. No. 6725, 7 -8-63 ) Sec. 8-8. Same-Impounding fee. A fee of five dollars ($5.00) for impounding each animal at large and two dollars ($2.00) for impounding each fowl at large and the cost of feeding the same to the day of sale or other disposal 'Shall be charged. (Code 1960, 9 5-104; Ord. No. 6725, 7-8-63) - Sec. 8-9. Picketing animals on or near streets or private property. No person shall temporarily picket any horses, mules, asses, cattle or other animals of any kind, in or upon any street or alley of this city or upon any lot or piece of ground so near to any street or alley as to permit such animals getting upon any street or alley or getting upon any private property with- out the consent of the owner. The word "temporarily" shall be construed to mean not over forty-eight (48) hours. (Code 1960, 9 5-106; Ord. No. 6725, 7-8-63) 275 ~ :-5--1 u ,SALINA CODE ~ 8-U Sec. <"I-I (J. Trespassillg on public or private grounds or side- walks. It shall be unlawful for the owner or person in charge of' ally horses, mules, asse,', cattle or other animals being moved through or ridden about through the city limits to permit the ,;ame to trespass on any private property without the consent of the owner thereof, or on any public parks, parkings, side- walks or space permitted by ordinance or custom to be used for sidewalks, in the city, without the consent of the city man- ager. (Code 1960, ~ 5-107; Ord. No. 6725,7-8-63) Sec. t.;-I1. Keeping livestock, fowl prohibited generally; ex- emptions. It shall be unlawful for any person, either as owner or as tile agent, representative, employee or bailee of ~my owner, to keep any cattle, goats, sheep, horses, mules, asses, s\vine or more than twenty (20) fowl of any kind, including pigeons, within the city limits of the city. This shall not prohibit the temporary keeping of such animals for the purpose of shipment when such animals are confined within a stockY;H'd or pens (desig- nated as shipping pens) along Or adjacent to any railroad switchyard. This shall also not prohibit the temporary keep- ing of such animals for the purpose of slaughter by any regu- lar slau!!,hterhouse which is operated in the city within the district in which the operating of ,;nch slaughterhouse is per- mitted by zl)~ling ol'dinances of the city EOW or hereinafter in effect, The \vol'd "temporary" as used in this section shall mean Hot longer than ten (10) days except by special per- mission of the health officer. (Code 1960. ~ 5-109; Ord. No. (;725, 7-8-63) Sec. 8-12. Keeping l.jding horses. Horses which are used for riding purposes only may be stabled within the city limits only in designated areas which have been given a special permit for the purpose by the city ('onuni~:sionel's. Such designated areas, foJ' purposes of health and sanitatiolJ, shal! be under the supervision of the health officer, If at any time StIch designated areas shall become ~\ 'n6 - e e ~ R-12 ANIMALS AND FOWL ~ R-14 nuisance or a fly breeding or rat harborage area, the health officer shall have the authority to revoke :'mch special permit within ten (10) days after notify ing the city commissioners of such action to be taken. (Code 1960, S 5-] 10 : Ord. No. 6725. 7 -8-63 ) Sec. 8-13. Location, cleanliness of places animals and fowl are kept. Any owner, lessee or occupant who maintains any stable, shed, pen or other place where riding hor:oes are kept accord- ing to the provisions of section 8-12, shall not maintain the same closer than fifty (50) feet of the dwelling house of an- other, aDd shall not permit the same to remain unclean, to become a nuisance, or become an insect-breeding or rat har- borage area to the "annoyance of any citizen of the city. Any owner, lessee or occupant who maintains Eny shed, pen, cage or other place where not more than twenty (20) fowl of any kind are kept, as permitted by section 8-11, shall maintain the same in a clean and sanitary condition and not permit the same to become a nuisance or to become an insect-breeding or rat harborage area to the annoyance of any citizen of the city. Stables, sheds, pens, or outdoor cages maintained for the keeping of any other animals or fowl not specifically prohibited shall be kept in a clean and sanitary l:ondition and shall not be allowed to become unclean, or a nuisance, or an insect-breeding or rat harborage area to the annoyance of an:: citizens of the city: Provided, that nothing herein shall au- thorize a violation of the zoning ordinance of this cit:v. (Code 1960, ~S 5-111, 23-903: Ord. No. 6725, 7-8-63) Sec. 8-14. Dyed or colored animals or fowl. It shall be unlawful for any person to sell, offer for sale, barter or display any rabbits, baby chicks or ducklings which have been dyed, colored or otherwise treated so as to impart to them an artificial color, or to sell, offer for sale, barter or display any rabbits, baby chicks or duc1dings 111 any place where food is prepared for consumption and/or sold and/or consumed on the premises. In the event that any other animal or fowl shall be sold, offered for sale, bartered or displayed 277 ~ 8-14 SALINA CODE S 8-16 which have been dyed, colored or otherwise treated so as to impart to them an artificial color, the health officer shall be immediately informed and shall decide whether such action is contrary to the health interests of the city. (Code 1960, ~ 5- 112; Ord. No. 6725, 7-8-63) Sec. 8-15. Biting or diseased animals-Impounding required. Sec. 8-15(1). Any animal which has bitten a person or an- other animal shall be securely tied or otherwise confined for an observation period of at least ten (10) days from the date of the bite. Sec. 8-15(2). If the owner of the biting animal produces a certificate of a licensed veterinarian showing that such animal ha'S been vaccinated for rabies not longer than one year prior thereto and not less than thirty (30) days prior thereto, the owner may be allowed to confine said animal on his own prem- ises for the ten (10) day period specified. Sec. 8-15(3). If the owner of a biting animal shall fail to produce such certificate, the owner shall surrender such ani- mal to a police officer or shall be responsible for immediately impounding such animal in an approved veterinary clinic or in a place provided for that purpose by the city. Such animal shall be impounded at the cost of its owner until ten (10) days after the biting of the person or other animal. During this ten (10) day period, it shall be determined by the health officer, at the owner's expense, whether or not such animal is suffering from any dangerous disease which could be trans- mitted to the person or other animal bitten. (Code 1960, ~ 5-113; Ord. No. 6725, 7-8-63) Sec. 8-16. Same-Destruction or treatment if diseased. If it 'Shall be determined that an animal confined under the provision of section 8-15 (3) is diseased and by reason of such disease is dangerous to persons or other animals, the pound- keeper or the owner shall, upon notice thereof, immediately destroy such animal unless the disease found is amenable to treatment, in which case the animal may be treated by a licensed veterinarian at the owner's expense. Any biting 278 e ~ 8-16 ANIMALS AND FOWL ~ 8-18 animal confined at the premises of the owner under the pro- vision of section 8-15 (2) shall be carefully watched by the owner and if any symptoms of illness should develop during the ten (10) day confinement period, the health officer shall be immediately notified. Upon 'Such notification, the health officer shall request a licensed veterinarian to examine the animal under observation at the owner's expense. If the animal is determined to be suffering from any disease which could be transmitted to the person or animal bitten, then such biting animal shall be immediately destroyed unless the disease found is amenable to treatment, in which case the owner may have the animal treated by a licensed veterinarian, at the owner's expense, until such time as the animal is no longer dangerous to another animal or to any person. (Code 1960, S 5-114; Ord. No. 6725, 7-8-63) e Sec. 8-17. Same-Redemption and release if undiseased. If it shall be determined that any animal impounded by the city under the provisions of section 8-15 (3) is not dis- eased, the poundkeeper shall notify the owner, keeper or harborer of 'Such animal and, upon demand, shall release such animal to the owner upon the payment by said owner of the cost of impounding, keeping, care and examination of such animal. In the case of any animal impounded or confined at the premises of the owner, under section 8-15 (2), at the expiration of the ten (10) day confinement period if the animal has not shown any visible evidence of any contagious or transmittable disease, it may be released from confinement after examination by a licensed veterinarian at the owner'~ expense. Failure to secure such final examination before re- lease subjects the owner, keeper or harborer of the animal to the penalty for violation of this Code. (Code 1960, S 5-115; Ord. No. 6725, 7-8-63) Sec. 8-18. Same-Failure to redeem. e If the owner, harborer, or keeper of any animal impounded in the city pound under the provisions of section 8-15 (3) fails to redeem such animal as provided in section 8-17 within five (5) days after the ten (10) day period of ob- Supp. No. 13 279 * 8-18 SALINA CODE ~ 8-29 servation, the animal may be sold, euthanized or otherwise disposed of by the poundkeeper. (Cod'e] 960, ~ 5-116; Ord. No. 6725, 7-8-63) Sees. 8-19-8-28. Reserved. Article II. Dogs* See. 8-29. Definitions. For the purpose of this article the fOllOWing definitions shall prevail: Dog shall mean all members of the canis familaris, male or female, five (5) months of age or older. Pup shall mean all members of the canis familaris, male or female, less than five (5) month of age. Inoculation, vacdnation or vaccination for rabies shall mean the injection, by a veterinarian, or his authorized agent, of a specified dose of anti-rabies vaccine into the body of a dog, such vaccine having the U. S. government license nu'mber stamped on the label of the vaccine container and having been approved by the director of the city-county health department. Own shall be deemed to mean and include, own, keep, harbor, or to have control, charge or custody of a dog. Owner shall mean any person who, or firm or corporation which owns, harbors, shelters, keeps, controls, manages, possesses, or has part interest in any dog, pup, or kennel. If a minor own a dog or pup subject to the provisions of this chapter, the head of the household of which such minor owner is a member, shall be deemed the owner of such dog or pup for the purpose of this chapter and under this chapter shall be responsible as the owner, whether or not such household head is himself a minor. If not a mem- * Amendment note-Ord. No. 8164, * 1, adopted June 28, 1971, amended Art. II to read as herein set out. Sec. 2 of said ordinance repealed former Art. II, ~* 8-29-8-42, derived from Code 1960, *~ 5-201-5-211, 5-213, 23-904 and Ord. No. 6724 adopted July 8, 1963. Supp. No. 13 280 e ~ 8-29 ANIMALS AND FOWL ~ 8-29 e bel' of a household, such minor owner shall himself be di- rectly subject to the provisions of this chapter. Household: Those members of a family living in the same dwelling unit. At large: Any dog shall be deemed to be at large when it is off the premises of its owner's real property and not re- strained by a competent person. Vicious dog shall mean any dog which is fierce, dangerous, mean, or uncontrollable; or one that has previously attacked or bitten any person or domestic animal, or possesses a propensity to attack or bite a person or domestic animal. Commercial kennel shall mean any place or tract of land whether indoors or outdoors, whether enclosed or not, in, at or upon which three (3) or more dogs or pups are, for the purpose of a profit, kept, housed, bred, raised, fed, displayed, exhibited or sold. Hobby breeder shall mean any person who owns, keeps, harbors or has charge or control of, or permits more than three (3) dogs over five (5) months of age to be habitually lodged or fed within such person's house, yard, or premises and who raises no more than two (2) litters of pups per year. Person shall mean any individual, firm, association, part- nership or corporation. Restraint: A dog off the premises of its owner's real property is under restraint in the meaning of this article: (a) If it is controlled by a line or leash not more than six (6) feet in length, when said line or leash is held by a competent person; (b) When at "heel" of a competent person; (c) When within a vehicle being driven, parked or stopped; (d) When not more than fifty (50) feet from a competent person, if such dog is not annoying or worrying any human being or domestic animal or trespassing on private property, or in a public area where dogs are forbidden. Competent person: A human being that is capable of con- trolling and governing the dog in question and to whose com- mand the dog is obedient. (Ord. No. 8164, ~ 1, 6-28-71) supp. No. 13 281 e ~ 8-30 SALINA CODE ~ 8-32 Sec. 8-30. Dog fighting. Every person who by words, sign or otherwise, sets any dog or dogs to fight, or causes any dog to attack any other dog, dogs or any other animal, or aids or abets or encourages any dog fight; or by words, signs or otherwise sets on or encourages any dog to attack or chase any human being not engaged in malicious or criminal acts; or being the owner, keeper or harborer of any dog knowingly permits such dog to fight without endeavoring to prevent the same, shall be guilty of a misdemeanor. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-31. Registration, vaccination requirements. It shall be unlawful for any person living within the cor- porate limits of the city to own any dog over five (5) months of age without first having had the dog inoculated against rabies and paying a registration fee. The registration and anti-rabies inoculation shall then be set up on an annual basis. The vaccination shall be accomplished by a licensed veterinar- ian and a report of the same shall be forwarded to the city clerk. The registration shall be accomplished at the office of the city clerk of Salina, Kansas. (Ord. No. 8164, S 1, 6-28-71) Sec. 8-32. Registration fees; purchase from city clerk between March 1 and March 31 of each year. Between March 1 and March 31 of each year the dog owner shall register all dogs owned by him at the office of the city clerk, and pay the following fees: (a) Commercial kennels: The city clerk shall collect a registration fee of two dollars ($2.00) for each dog who resides in a commercial kennel, licensed by the City of Salina, Kansas, in addition to the fees required by section 8-45. (b) Hobby ureedel'S: The city clerk shall collect a registration fee of two dollars ($2.00) for each dog owned by a hobby breeder licensed by the City of Salina, Kansas, in addition to the fees required by section 8-46. (c) Other: The city clerk shall collect a registration fee of two dollars ($2.00) for each dog whose owner.'3 reside SuPp. No. 13 282 e ~ 8-32 ANIMALS AND FOWL ~ 8-33 (d) within the corpor,ate limits of the city, provided that all dogs belonging to the same household shall be regis- tered in the name of the head of such household; and provided further, that if such household contains more than two (2) dogs, then the city clerk shall collect a registration fee of five dollars ($5.00) for each addi- tional dog. Registration fees shall be double the above fee if not secured prior to the due date; provided, that any person owning a dog at the time of the passage of this article shall have thirty (30) days from that date to register such dogs; and provided further, that new residents of the city or persons acquiring a dog or owning a dog that attains age of registration after March 1 of any year shall have thirty (30) days in which to register such dog at the regular fee. All licenses issued by the city clerk between the first day of January, 1971, and the passage of this article shall be valid until March 31, 1972. (Ord. No. 8164, S 1, 6-28-71) (e) e Sec. 8-33. Registration procedure. (a) The city clerk upon presentation of a certificate of vac- cination issued by a licensed veterinarian within twelve (12) months prior to date of registration and payment of the fees hereinbefore set out shall record the following information: Owner's name and address; color, breed, sex, age, weight, name (if any), date of vaccination of dog and type of anti- rabies vaccine used. After recording said information, the city clerk shall issue a license to said owner, and shall pro- vide for each dog so vaccinated and registered a tag of metal or other durable substance, having stamped or marked there- on the registration number which corresponds to the number of the registration record. This tag shall be kept on the dog at all times. (b) The city clerk shall between February 15 and February 28 of each year, cause public notice to be given of the regis- tratian period for dogs. (Ord. No. 8164, ~ 1,6-28-71) e Supp. No. 13 283 ~ 8-34 SALINA CODE ~ 8-36 Sec. 8-34. Exception to registration provisions; requirements for transient dogs. The provisions of this article with respect to regsitration shall not apply to any dog owned by any person temporarily remaining within the city less than thirty (30) days, or any dogs brought into the city for bench or show purposes, or hunting dogs brought into the county for less than thirty (30) days. Such dogs shall be kept under strict supervision of the owner. It shall be unlawful to bring any dog into the city which does not comply with laws of the State of Kansas regarding the handling and importation of dogs. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-35. Running at large-Prohibited. It shall be unlawful for the owner of any dog to permit such dog to run at large within the corporate limits of the city at any time. Any dog shall be deemed to be running at large when found off the premises of the owner and not under re- straint. It shall be lawful for any city police officer or other person duly appointed by the city manager to pursue and capture such dog running at large. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-36. Same-Impounding; disposition. (a) Any dog found running at large within the city limits may be captured or taken up by any police officer of the city or other person duly appointed by the City Manager and im- pounded in a place provided for that purpose by the city, and a record of all dogs impounded with their description contain- ing the following information: Color, sex, weight, height, identifying marks, registration number or rabies vaccination number, and date of impounding shall be kept. If the dog so impounded has no current registration tag, as provided for by section 8-33, it shall be kept for five (5) days and if within that time, the owner does not appear to claim such dog, it may be sold euthanized or otherwise disposed of. If within five (5) days from the impounding date the owner of an im- pounded dog shall appear and claim such dog, such dog shall be turned over to the person claiming it upon payment of an impounding fee of five dollars ($5.00) if picked up within Supp. No. 13 284 e ~ 8-36 ANIMALS AND FOWL ~ 8-36 twenty-four (24) hours and two dollars and fifty cents ($2.50) for each additional day or portion thereof said dog remains impounded and compliance with the requirements of sections 8-32 and 8-33. e (b) Any impounded dog which has not been claimed within the five (5) day limit may be sold to any person and that person shall be required to have the dog duly registered and inoculated as provided for by sections 8-32 and 8~33, such dog shall not be sold for less than five dollars ($5.00), plus one dollars ($1.00) for each day such dog has been impounded. (c) If the dog so impounded has a current registration tag attached to it, the owner of such dog, as shown by the records of the city clerk, shall be notified as soon as possible within a five (5) day impounding period. If the owner cannot be lo- cated within a period of five (5) days after impounding, the health officer shall be notified and he shall have another five (5) days time in which to find or locate the dog's owner. If at the end of ten (10) days impounding period neither the poundkeeper nor the health officer have been able to find or locate the owner, then the dog may be sold, euthanized or otherwise disposed of. (d) If the dog so impounded has a current registration tag and the owner is duly notified but refuses to redeem the dog within a period of five (5) days from the date of im- poundment, then the dog may be sold, euthanized or otherwise disposed of. (e) If the dog so impounded does not have a current regis- tration tag and a rabies vaccination certificate, and the same is reclaimed by the owner then the impounding officer shall give to said owner a registration form, a duplicate of which shall be sent to the city clerk, and such owner shall have three (3) days in which to comply with sections 8-32 and 8-33 of this article. If the owner redeeming said dog fails to com- ply with sections 8-32 and 8-33 within three (3) days then such dog shall be seized and reimpounded and the owner shall have five (5) days to comply with sections 8-32 and 8-33. If the owner has not complied within the additional five (5) days said dog shall be subject to disposal under subsection (d) hereof. Supp. No. 13 . 285 ~ 8-36 SALINA CODE ~ 8-40 (f) The payment of an annual registration fee and the wearing of a current tag shall not prevent the impounding, sale, euthanization or other disposition of any dog found run- ning at large in violation of section 8-36 when the other pro- visions of this section have been carried out. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-37. Same-Use of tranquilizer gun authorized; killing authorized. Any law enforcement officer, trained in the use of the tran- quilizer gun, shall be authorized to take up and impound stray dogs and to use a tranquilizer gun, and is further au- thorized to kill any stray dog which it is impractical or im- possible to capture and that is endangering persons, other ani- mals and/or property. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-38. Keeping vicious dogs prohibited; disposal. It shall be unlawful for any person to keep or harbor any vicious dog within the city. Dogs determined to be vicious shall be enuthanized or otherwise disposed of by order of the chief of police. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-39. Entering building prohibited.. No dogs shall be allowed to enter any theatre, store, or other public building in the city, whether accompanied by its owner or person in charge or otherwise, except in the case of a person legally blind who has charge of and is accompanied by a seeing eye dog, as defined by state statute. Provided however, that the proprietor of a hotel or motel may permit a pet dog or dogs therein. This section shall not apply to the operator of a pet shop or related business. (Ord. No. 8164, S 1, 6-28-71) Sec. 8-40. Impounding or confinement of rabies suspects. Any dog which is suspected of having rabies, or any dog which has bitten a person and has thereby caused a lacera- tion of the skin of such person, shall be seized and confined in a veterinary hospital for a period of ten (10) days, pro- Supp. No. 13 286 e e . ~ 8-40 ANIMALS AND FOWL ~ 8-43 vided however, the period of confinement may be shortened at the discretion of the veterinarian. All expenses incurred during period of confinement in a veterinary hospital shall be borne by the owner. If any dog so impounded is not claimed by the owner within the ten (10) day period, then the veteri- narian shall at the termination of the ten (10) days transfer said dog to the impounding facilities of the city where such dog shall be disposed of according to the provisions of sec- tion 8-36. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-41. Dogs bitten by rabid animals. Any dog bitten by a known rabid animal shall be seized and confined in a veterinary hospital and shall be treated in accordance with the report of the World Health Organization Expert Committee on Rabies. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-42. Disturbing the peace. It shall be unlawful for the owner of any dog to carelessly, inattentively, willfully or maliciously permit such dog to dis- turb the peace and quiet of the neighborhood, or to permit such dog to howl, bark or yelp so as to disturb the peace and quiet of the neighborhood. It shall be prima facie that such dog was disturbing the peace, if a complaint is made by the land owners or occupants of two or more of the premises ad- jacent to the property whereon such dog is located. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-43. Maintenance requirements. (a) Cleanliness: It is hereby declared to be a nuisance and unlawful for any person to maintain any dog or dogi:l in an area that is not at all times clean, dry and sanitary and free from excessive debris, garbage, water and offensive odors, and all yards and pens shall be cleaned daily. (b) Storage of excreta: Excreta from pens, if stored 011 the premises of a dog owner, shall be stored in adequate container with a fly tight lid. (c) Drainage of premises: All dog pens and yards shall be so located that an adequate drainage is obtained and normal drying occurs and standing water is avoided. Supp. No. 13 287 ~ 8-43 SALINA CODE ~ 8-45 (d) Inspection by health officer: All premises on which dogs are kept shall be subject to inspection by the health offi- cer or his representative. If the health officer determines from such inspection that the premises are not being main- tained in a clean and sanitary manner, he shall notify the owner or keeper of the dog or dogs in writing to correct the sanitation deficiencies within twenty-four (24) hours after notice is served on him. Any person failing to comply with the requirements of the health officer shall be guilty of a misdemeanor. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-44. Right of entry. It shall be unlawful for any person to conceal an animal or interfere with the police or persons designated by them in the performance of their legal duties, as provided in this article. The police or persons designated by them shall have the right of entry onto any unenclosed lots or lands for the purpose of collecting any dog which is on such lot or land in violation of this article and whose presence on such lot or land constitutes a violation of any of the provisions hereof, or whose presence or existence is a violation of the provisions of this article. The polic~ or their duly appointed representatives shall have the right of entry to any property or premises with- in any quarantined area during the period of such quarantine for the purpose of examining or obtaning any dog or other animal suspected of having rabies, having been exposed to rabies or having bitten a person or other animal. (Ord. No. 8164, S 1, 6-28-71) Sec. 8-45. Operating kennel with city; license required. It shall be unlawful for any person, either as owner or agent, representative, employee or bailee of an owner to op- erate a commercial kennel within the City of Salina in any dis- trict without first having obtained a special license therefor. Any person desiring to obtain a license to operate a kennel within the city shall file an application with the city clerk and pay an application fee of one hundred dollars ($100.00). The city clerk shall refer the application to the city-county health department which shall cause the proposed premises to Supp. No. 13 288 e e e ~ 8-45 ANIMALS AND FOWL ~ 8-46 be investigated and file a written report and recommendation with the city clerk. If the application is approved by the city- county health department, the city clerk shall grant the appli- cant a license to operate a kennel upon his premises upon such conditions as the city-county health department shall specify in the report. Any license granted by the city clerk hereunder shall be subject to revocation in the event said applicant shall fail to comply with the terms and conditions of said license, or if the operation of said kennel becomes a nuisance, health hazard or detrimental to the safety and general welfare of the residents of the city. Any person ag- grieved by the denial of a license by the city clerk or the revocation thereof may appeal to the board of commissioners who may either grant such a license, reinstate a revoked li- cense or affirm the denial of the city clerk. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-46. Operating as a hobby breeder within city; permit required. It shall be unlawful for any person, either as owner or agent, representative, employee or bailee of an owner to op- erate as a hobby breeder within the limits of the City of Salina in any district classified as AA, A, B, or C without first having obtained a special permit therefor. Any person desiring to obtain a permit to operate as a hobby breeder within said districts of the city shall file an application with the city clerk and pay an application fee of ten dollan; ($10.00). The city clerk shall refer the application to the city county health de- partment which shall cause the proposed premises to be in- vestigated and file a written report and recommendation with the city clerk. If the application is approved by the city-county health department the city clerk shall grant the applicant per- mission to operate as a hobby breeder upon his premises upon such conditions as the city-county health department shall specify in the report. Any permit granted by the city clerk hereunder shall be subject to revocation in the event said applicant shall fail to comply with the terms and conditions of said permit, or if the operation of said kennel becomes a nuisance, health hazard or detrimental to the safety and gen- eral welfare of the residents of the city. Any person aggrieved Supp. No. 13 289 ~ 8-46 SALINA CODE ~ 8-50 by the denial of a permit by the city clerk or the revocation thereof may appeal to the board of city commissioners who may either grant such a permit, reinstate a revoked permit or affirm the denial of the city clerk. (Ord. No. 8164, ~ 1, 6-28-71 ) Sec. 8-47. Imported dogs; registration; transfering registra- tion. All dogs brought into the City of Salina, Kansas, shall comply with rabies vaccination requirements. If said imported dog remains more than thirty (30) days, said dog shall be registered in accordance with the provisions of this article. Any legally accepted certificate of rabies vaccination, the ini- tial and residual efficiency of which has been approved by thE city-county health department, shall be exchanged for a cur rent vaccination registration certificate and tag upon paymem of the fees. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-48. Imported dogs or pups; resale. (a) It shall be unlawful for any person, firm, or corpora- tion to import dogs or pups into the City of Salina, Kansas, for the purpose of resale without obtaining from the original owner a notarized certificate showing the date of birth of said dog or pup, and the name and address of the original owner, or a health certificate from a licensed veterinarian, which certificate shall be transferred to the purchaser of said dog or pup from the importer or person reselling the same. (b) It shall be unlawful to sell any imported dog unless the same has first been inoculated against rabies and a cer- tificate of vaccination issued. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-49. Female dogs; confinement. A female dog shall be kept securely confined in an enclosed place while in heat. (Ord. No. 8164, ~ 1, 6-28-71) Sec. 8-50. Violation of article; penalties. The violation of, failure to comply or the committing of any act prohibited in any provision of this act [article] shall Supp. No. 13 290 e ~ 8-50 ANIMALS AND FOWL constitute a misdemeanor and any person convicted of vio- lating the provisions of this act [article] shall be punished in accordance with the provisions of section 1-8 of The Salina Code. (Ord. No. 8164, ~ 1, 6-28-71) e Supp. No. 13 [The next page is 311] 291 ~ 8-50 e BUILDINGS AND STRUCTURAL APPURTENANCES* Chapter 9 Art. Art. Art. Art. Art. Art. e Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. VIII. I. II. III. IV. V. VI. In General, ~~ 9-1-9-17 Building Code, ~.~ 9-18-9-38 Awnings, Canopies and Marquees, ~~. 9-39-9-62 Signs, ~~ 9-63-9-86 T.V. and Radio Towers and Antennae, ~~. 9-87-9-107 Electrical Code, ~.~ 9-108-9-199 Div. 1. Generally, ~~ 9-108-9-129 Div. 2. Contractors, ~~ 9-130-9-144 Div. 3. Electrical Mechanics, ~~ 9-145-9-159 Div. 4. Permits and Inspections, ~~ 9-160-9-178 Div. 5. Standards, ~~ 9-179-9-199 Plumbing Code, ~~ 9-200-9-239.3 Div. 1. Generally, ~~ 9-200-9-205 Div. 2. Plumbers, ~~ 9-206-9-225 Div. 3. Appeals, ~~ 9-226-9-233 Div. 4. Standards, ~~ 9-234-9-239.3. Gas Code, ~~ 9-240-9-323 Div. 1. Generally, ~ 9-240 Div. 2. Gas Fitters, ~~ 9-241-9-254 Div. 3. Standards, ~~ 9-255-9-323 Moving Dwellings, ~~ 9-324-9-345 Fences, Walls and Hedges, fi~ 9-346-9-366 Sandblasting, ~~ 9-367-9-383 Elevators and Elevator Installations, fifi 9-384-9-400 Screening Standards, ~~ 9-401-9-410 Mobile Home Contractors and Craftsmen, fifi 9-411-9-439 Mechanical Code, ~~ 9-440-9-449.3 One and Two Family Dwelling Code, fifi 9-450-9-459 Code for Abatement of Dangerous Buildings, fi 9-460 VII. ARTICLE I. IN GENERAL Sec. 9-1. Board of appeals. In accordance with the provlslOns of Section 204 of the Uniform Building Code, which the city has adopted by refer- *Cross references-For creation of building department, see ~ 2-94 (4) (c); for duties of building department inspectors generally, see ~ 2-143; for air pollution, see Ch. 4; for dangerous buildings, see ~ 12-60 et seq.; for fire prevention, see ~ 12-76 et seq.; for unhealthful struc- tures, see : 15-24 et seq.; for housing, see Ch. 16; for mobile homes and Supp. No. 25 e 313 ~ 9-1 SALINA CODE ~ 9-4 ence, there is hereby created a board of appeals for the city which board shall consist of five (5) members to be appointed by the mayor and whose duties, term of office and authority shall be as provided for in the Uniform Building Code. (Ord. No. 6805, S 1,8-3-64) Cross references-For board of appeals for air pollution, see ~ 4-14; for board of appeals for sign construction, see ~ 9-65; for board of housing code appeals, see ~ 16-32 et seq. Sec. 9-2. Reserved. Editor's note-Ord. No. 8740, ~ 1, enacted Sept. 10, 1979, repealed ~ 9-2, dividing the city into three fire zones. Said section was derived from Ord. No. 8107, ~~ 1--4, adopted Oct. 5, 1970. Sees. 9-3, 9-4. Reserved. mobile home courts, see Ch. 21; for private swimming pools, see ~ 25-29 et seq.; for obstructing streets in the course of building construction, ~ 32-40; for numbering of buildings, ~ 32-100 et seq.; construction or excavations endangering flood protection works, ~~ 13-11 et seq. [The next page is 314.5] Supp. No. 25 ..314 e e e ~ 9-5 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-8 Sec. 9-5. Payment of fees. All fees required to be paid by this chapter shall be paid to the city clerk and no permit required hereunder shall be valid until the fee therefor has been paid to the city clerk. Sec. 9-6. License suspended if inspection fee not paid. Wherever in this chapter an inspection fee is required, and said fee is not paid on or before the tenth of the month following the making of said inspection, the license of the person liable for said fee shall be suspended until such time as the fee is paid. Sec. 9-7. Notices of violation. All notices of violations issued by the building inspection department shall be in writing and shall contain a specific period of time allotted for compliance. (Ord. No. 8220, ~ 1, 5-31-72) Sec. 9-8. Building code advisory board. Sec. 9-8(1). Created. There is hereby established a build- ing code advisory board to act in an advisory capacity to the board of city commissioners of the City of Salina, Kansas, with reference to the building codes of the City of Salina. Sec. 9-8(2). Duties. The said building code advisory board shall: (a) Study all uniform codes and local ordinances adopted by the City of Salina, Kansas, with reference to the building industry, both residential and commercial, and make recommendations to the board of city commis- sioners relative to the updating of the building codes of the city. (b) Act in an advisory capacity to the building board of appeals and to the zoning board of appeals. (c) Act in an advisory capacity to the board of commis- sioners on any request for ordinance changes affecting the building codes of the city. Supp. No. 18 314.5 ~ 9-8 SALINA CODE ~ 9-18 Sec. 9-8(3). Members, appointment, terms. The said board shall consist of ten (10) members who shall be appointed by the mayor, subject to the approval of the board of commis- sioners. Said board shall be composed of one licensed archi- tect, one licensed structural engineer, one attorney, one real- tor, one plumbing contractor, one electrical contractor, one licensed mecahnical engineer, one heating and air conditioning contractor, one home building contractor, and one general con- tractor. The building, plumbing and electrical inspectors of the City of Salina, Kansas, shall be ex officio members. Initial appointments to the board 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. Sec. 9-8(4). Officers, bylaws. The board shall annually or- ganize and elect a chairman, vice-chairman and secretary from its membership and may adopt such bylaws as may be necessary to accomplish the purposes of this section. Sec. 9-8 (5). Compensation. Members shall serve without compensation from the city for their services as such mem- bers, but this limitation shall not preclude a member or its firm from receiving compensation from the city under com- petitive contracts for services which would be performed for other departments or agencies of the City of Salina. (Ord. No. 7060, ~~ 1-5, 5-27-68) Editor's note-Ord. No. 7060, ~@ 1-5, did not expressly amend this Code, hence its codification as @ !!-8 was in the editor's discretion. Catch- lines were added by the editors to facilitate indexing and reference. Sees. 9-9-9-17. Reserved. ARTICLE II. BUILDING CODE See. 9-18. Uniform Building Code adopted. There is hereby adopted, by reference, by the city for the purpose of providing minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, constructio'n, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city and certain equipment specifi- Supp. No. 18 314.6 e e - ~. 9-18 BUILDINGS, STRUCTURAL .APPURTENANCES ~ 9-22 cally regulated therein, that certain building code known as the Uniform Building Code, recommended and published by the International Conference of Building Officials, being par- ticularly the 1979 Edition thereof, including the appendix 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 are hereby incorporated as fully as if set out at length herein and the provisions thereof shall be controlling in the construc- tion of all buildings and structures therein contained within the corporate limits of the city. (Code 1960, ~ 8-201; Ord. No. 7002, ~ 1, 7-10-67; Ord. No. 8043, ~~ 1, 2, 8-25-69; Ord. No. 8108, ~ 1, 10-5-70; Ord. No. 8226, ~~ 1, 2, 6-5-72; Ord. No. 8328, ~ 1, 1-7-74; Ord. No. 8531, ~ 1, 1-3-77; Ord. No. 8741, ~ 1, 9-10-79) Sec. 9-19. Definitions for code. Sec. 9-19(1). City. Wherever the word "city" is used in the building code, it shall be held to mean the City of Salina. Sec. 9-19(2). Corporation counsel. Wherever the term "cor- poration counsel" is used in the building code, it shall be held to mean the attorney for the city. (Code 1960, ~ 8-207) Sec. 9-20. Office of official established. The office of building official is hereby created and the executive official in charge shall be known as the building official. (Code 1960, ~ 8-202) Sec. 9.21. Appointment, tenure of official. The building official shall be appointed by the city manager. His appointment shall continue during good behavior and sat- isfactory service. (Code 1960, ~ 8-202) Sec. 9.22. Filling temporary vacancy in office of official. During temporary absence or disability of the building official, the appointing authority shall designate an acting building official. (Code 1960, ~ 8-202) Supp. No. 25 315 ~. 9-23 SALINA CODE ~ 9-25 Sec. 9-23. Qualifications of official. To be eligible to appointment, the candidate for the position of building official shall have had experience as an architect, structural engineer, building inspector or superintendent of building construction. He shall be in good health, physically capable of making the necessary examinations and inspec- tions. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with build- ing construction, alteration, removal and demolition. (Code 1960, ~ 8-203) Cross reference-Duties of building department inspectors generally, ~ 2-134. Sec. 9-24. Powers, duties of officials. The powers and duties of the building official shall be as set forth in the Uniform Building Code, hereinabove adopted. (Code 1960, ~ 8-204) Sec. 9-25. Permit fees. Sec. 9-25(1). No permit, as required by the building code, shall be issued until the fee prescribed in this article shall have been paid; nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, shall have been paid. Sec. 9-25(2)(a). For a permit for the construction or al- teration of a building or structure, the fee shall be computed as follows: Residential: First 10,000 square feet of floor area _________$0.03 per sq. ft. Per square foot exceeding 10,000 __________________ 0.02 per sq. ft. Provided that there shall be a minimum building permit of _________________________________ 4.00 Commercial: First 10,000 square feet of floor area __________ 0.04 per sq. ft. Next 10,000 square feet of floor area ____________ 0.02 per sq. ft. Per square foot exceeding 20,000 ___________________ 0.01 per sq. ft. Supp. No. 25 316 e e e ~ 9-25 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-28 Sec. 9-25(2) (b). For a permit for the remodeling or re- pairing of a building or structure where square footage is not applicable, the fees shall be computed as follows: First $1,000.00 or fraction thereof ______________nm___________$3.00 For each additional $1,000.00 or fraction thereof nn 1.50 Sec. 9-25(3). For a permit for the removal of a building or structure to a new location within the same or adjacent lot, the fee shall be one-half (1/2) of that prescribed above for new construction. Sec. 9-35(4). For a permit for the demolition of a building or structure, a fee shall be at the rate of five dollars ($5.00) for a residential structure and twenty-five dollars ($25.00) for a commercial structure. Sec. 9-25 (5). In case of abandonment or discontinuance the cost of work performed under a permit may be estimated, and adjustment of the fee made and the portion of the fee for uncompleted work returned to the permit holder: Provided, that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made: Provided, that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made, no work shall be resumed until a new application has been made and a new permit has been issued. (Code 1960, ~ 8-209; Ord. No. 8044, ~~ 1, 2, 8-25-69; Ord. No. 8408, ~ 1, ~ 1, 1-6-75) Sec. 9-26. Reserved. Editor's note-Ord. No. 8148, S 1, adopted March 15, 1971 repealed former S 9-26 declaring the city to be in Seismic Zone "0" for the purpose of loading calculations of the Uniform Building Code. Sec. 9-27. Reserved. Editor's note-Ord. No. 8149, S 1, adopted March 15, 1971, repealed former S 9-27 relating to design calculations for snow and wind and materials for and depth of footings and foundations. Said section was derived from Ord. No. 8045, SS 1 and 2, adopted Aug. 25, 1969. Sec. 9-28. Reserved. Editor's note-Ord. No. 8150, S 1, adopted March 15, 1971, repealed former S 9-28 providing that violations of the article be punished as provided in S 1-8 of this. Code. Supp. No. 19 317 ~ 9-29 SALINA CODE ~ 9-39 Sees. 9-29-9-38. Reserved. ARTICLE III. AWNINGS, CANOPIES AND MARQUEES Sec. 9-39. Classifications and definitions. In the construction of this article, the following classifica- tions and definitions shall apply: Sec. 9-39(1). Awning. The roof-like shelter carried by a supporting frame or arms attached to a building and so ar- ranged that the shelter and frame may be folded or rolled up to the face of the building to which it is attached. Sec. 9-39(2). Marquee. An overhanging flat roof-like pro- jection or covering of rigid material and construction. Sec. 9-39(3). Permanent awning. A sloping roof-like pro- jection of light weight rigid construction supported from a building without posts and used for the outside protection of a door, window or other opening. Sec. 9-39 (J,.). Supported canopy.' A covering of canvas or other combustible material used solely for temporary shelter for a door or walk and carried by a frame supported by tht ground or sidewalk. Sec. 9-39(5). Suspended canopy. A covering of canvas or other combustible material rigidly supported by a metal frame attached to a building and suspended over an entrance solely for a shelter or for protection. Sec. 9-39(6).. Venetian awning. An awning, shutter or louver of metal, wood or other rigid material fabricated into sheets, strips or slats somewhat similar to a Venetian blind, erected to shade or form an outside protection to a window, door or other building opening. Sec. 9-39(7). Other. Any construction erected primarily for shade or protection from the elements and which projects into any public area or is liable to endanger persons using public streets or alleys, and which is not mentioned or defined spe- cifically herein or about which there is any question, shall be classified by the building official. (Code 1960, ~ 8-301) Supp. No. 19 318 e e e ~ 9-40 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-42 Sec. 9-40. Permits required; fees. No supported canopy which is to be in place more than twenty-four (24) hours and no suspended canopy or marquee shall be added to, altered or erected over the streets, sidewalks or alleys of the city until a permit has been secured from the building official. The fee for such permits shall be three dol- lars ($3.00). No awning or permanent awning shall be added to, altered or erected over the streets, sidewalks or alleys of the city until a permit has been secured from the building official. The fee for such permit shall be three dollars ($3.00). Such fees shall be paid prior to the issuance of the permit or the erection of the suspended or supported marquee, awning or permanent awning. (Code 1960, ~ 8-302; Ord. No. 8409, 1, 1-6-75) Cross reference-Fee for permits when not obtained in time. ~ 1-11. Sec. 9-41. Revocation of permits. Any permit granted to erect awnings, permanent awnings. canopies or marquees or portion thereof :".0 as to project into a public street or alley is revocable by the city when, in the judgment of the board of commissioners, it is for the best interest of the city that such permits be revoked. (Code 1960, S 8-307) Sec. 9-42. Awnings regulated generally. Sec. 9-42(1). Awnings over public areas in the city shall be arranged without posts and shall provide a clearance of not less than seven (7) feet from the sidewalk to the lowest point of the framework, and no part of such awning cover, including any fringe, apron, skirt, valance or drop, shall be less than six (6) feet six (6) inches above the surface of the sidewalk immediately below when the awning is lowered for use, except the bottom of awning covers enclosing the ends of awnings shall be not less than six (6) feet eight (8) inches above the surface of the sidewalk. No aWlling less than four- teen (14) feet above the street, alley or sidewalk shall be closer to the vertical plane of the curb than two (2) feet and in no case shall any awning project from the face of the building more than eight (8) feet. Supp. No. 19 318.1 * 9-42 SALINA CODE * 9-43 Sec. 9-42(2). All fixtures such as lateral arms, center sup- ports, gears and pin ends shall be fastened to steel backing where available by drilling and bolting through from the back when possible, or drilling, tapping and fastening with not less than three-eighths (%) inch machine bolts. Where wood backing- only is available, bolt through from the back wher- ever possible using large washers under heads of bolt:: ; other- wise use large screws from front at lea~t four (4) inches long. When anchorage is to be made in brick, stone or terra cotta, use approved expansion bolts. Lock washer to be used on all bolts. Sec. 9-42(3). Every awning shall be rolled or iolded against the building except when serving as a protection from sun, rain, snow or other inclement weather. (Code 1960, ~ 8-303) Sec. 9.43. Reg-ulation for fahric-covered awning construc- tion. Sec. !)-43(1). For fabric-covered awning construction, pipp rollers shall be not less than one and one-half (1 %) inches inside diameter galvanized steel pipe, or one and one-half (1%.) inches outside diameter seamless steel tubing. On pipe rollers over twenty (20) feet in length where it becomes necessary to join two (2) or more sections together, splicing must be effected by using cast steel gudgeons, roller ends to be properly riveted to same. This also ::>pplies to pin end gudgeons. Metal rollers shall be drilled or perforated with Supp. No. 19 318.2 e e . ~ 9-43 BUILDINGS AND STRUCTURAL APPURTENANCES s 9-43 holes of a size to make a driving fit with roofing nails (about one-eighth (lis) inch). These holes to be spaced not over three (3) inches center to center for the first three (3) holes on each end, spacing between to be approximately six (6) inches center to center. Fabric covering shall be attached to a metal roller by means of large-headed roofing nails fitted solidly into these holes. Sec. 9-43(2). When using steel rollers, no center supports shall be necessary on awnings under twenty (20) feet. Over twenty (20) feet, center supports shall be spaced as follows: NUMBER OF SUPPORTS AWNING LENGTHS NECESSARY 20 to 30 feet _ m_m__m_ ____________ 1 30 to 40 feet -------m-__m__m_u______m_n_ 2 40 to 60 feet ----___m___m______m_ ---_m__m_m___m 3 And one additional center support for each additional fifteen (15) feet or fraction thereof. Sec. 9-43(3). On awnings having an extension of four (4) feet or more from points of fastening on building, three- fourths (%) inch inside diameter galvanized pipe extension arms shall be used. No extension bars shall be used less than five-eighths (%) inch in diameter and shall be galvanized. Sec. 9-43(4). Two arms shall be used for awnings not over twenty (20) feet in length. On awnings over twenty (20) feet, a center arm must be provided for each additional eight (8) feet or fraction thereof added to the length of the awning. Sec. 9-43 (5) . Awnings suspended on lateral arms shall re- quire number of arms as per following schedule: NUMBER OF ARMS A WNING LENGTHS REQUIRED o to 22 feet __ u_____ __________ 2 22 to 30 feet_____mn ______ _ _ u__ _ __ 3 30 to 40 feet m_____m__n__nn__ --___m___m________ 4 And one additional arm for each ten (10) feet or fraction thereof thereafter. 319 ~ 9-43 SALINA CODE ~ 9-44 Sec. 9-43(6). Wherever possible an even number of lateral arms shall be used. Sec. 9-43 (7). Front bars shall be galvanized one (1) inch inside diameter or Grade A Clear Fir or comparable timber dressed to size two (2) inches by three (3) inches and corners properly beveled. Sec. 9-43(8). Roller awnings shall be operated by self- locking, steel cut, worm-type gear fixtures. Sec. 9-43(9). Roller sprocket wheels and link chains are not permitted. Sec. 9-43(10). The design, construction and erection details of all awnings, other than those herein specifically provided for, shall be submitted to the building official for approval before erection work is started. (Code 1960, S 8-303) Sec. 9-44. Regulations for Venetian awnings. Sec. 9-44(1). No Venetian awning, shutter or louver of metal, wood or other rigid material shall be erected or main- tained in such a way that it will impede the entrance into the building of members of the fire department, or in such a manner that it will bar the way of persons seeking to escape from fire or panic in a building, and no shutter or louver of this type shall be placed in gny opening giving access to a fire escape or other intended means of escape. No fixed frame shall be placed on any window or door open- ing in an assembly hall or public building hallway in an apart- ment or hotel building, but nothing shall prohibit the erection of such an awning on these openings provided they can be opened as provided in section 9-44 (2). Sec. 9-44(2). Any awning, shutter or louver of metal, wood or other rigid material attached to the windows of a building above the first story shall be arranged in such a manner that it may be easily opened so as to afford easy ingress and egress, and such awning, shutter or louver ~hall be constructed so that it may be easily opened from both the inside and outside without any special tool and without special knowledge or skill. No awning, shutter or louver of metal, wood or other 320 e ~ 9-44 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-46 rigid material weighing over one (1) pound per square foot shall be attached to the wood jambs, frames or other wood members of a building (frame buildings excepted) when such building is within ten (10) feet of public property. All Venetian awnings erected above the first story shall be equipped with at least one safety chain securely fastened to the awning and frame. (Code 1960, S 8-303) e Sec. 9-45. Regulations for suspended canopies. Suspended canopies shall be supported throughout by metal framework. They may extend over public sidewalks or park- ing portions of a public street to a distance not to exceed twelve (12) feet but in no case shall the outer edge of a sus- pended canopy be closer to the vertical plane of the curb than two (2) feet and in no case shall it be over ten (10) feet in width measured parallel to the building. The ground area of a suspended canopy shall not exceed ninety (90) square feet. All such suspended canopies shall be securely and rigidly supported and maintained so that no part of the frameworks of such suspended canopy shall be less than eight (8) feet above the surface of the sidewalk immediately below and no part of such canopy covering, including any fringe, apron, skirt, valance or drop shall be less than seven (7) feet three (3) inches above the surface of the sidewalk immediately below. (Code 1960, S 8-303) e Sec. 9-46. Regulations for supported canopies. A supported canopy may be erected for a period of not to exceed seven (7) days when approved by the building official: Provided, that the fee is paid and the permit is secured: Provided however, that a supported canopy may be erected for a period of not to exceed twenty-four (24) hours and no permit or fee will be required. All supported canopies shall be adequately supported and braced and shall be safely maintained and well lighted at night, and the abutting prop- erty owners shall save the city harmless from all claims of every kind or nature arising out of the erection, use and dis- mantling of such canopy over public property. (Code 1960, 9 8-303) 321 ~ 9-47 SALINA CODE ~ 9-50 Sec. 9-47. Regulations for marquees. Marquees extending over public property shall have their main framework and support of noncombustible material and shall be designed by a structural engineer and approved by the building official. They shall have a clearance of at least eight (8) feet above public property, and shall not extend closer to the vertical plane of the curb than two (2) feet. The roof shall be so drained as not to discharge water upon the side- walk. (Code 1960, S 8-303) Sec. 9-48. Regulations for permanent awnings. A permanent awning, extended over public property, shall be of rigid construction, so designed that the roof portion shall be partly open to insure release of air pressure built up under the awning. The structure shall be well braced and securely fastened to the building to which it is attached. The method of construction and attachment shall be approved by the building official. No part of any permanent awning shall be closer to the public walkway below than eight (8) feet nor shall it extend more than eight (8) feet from the face of the building to which it is attached. No awning of this de- scription within fourteen (14) feet of the walkway shall be closer than two (2) feet from the vertical plane of the curb. (Code 1960, S 8-303) Sec. 9-49. Interfering with fire escapes or utilities prohib- ited. Provision shall be made that suspended or supported canopies, permanent awnings or marquees shall not interfere with fire escapes or with public utilities. (Code 1960, S 8-304) Sec. 9-50. Projections over alleys. All awnings, permanent awnings, canopies .and marquees which project over public alleys shall, in addition to comply- ing with the requirements provided for in sections 9-42 through 9-48, be at least fourteen (14) feet above the surface of the alley immediately below. (Code 1960, S 8-305) 322 e ~9-51 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9~63 Sec. 9-51. Applicability to existing structures. The provisions of this article shall not apply to awnings, marquees or canopies heretofore erected in accordance with ordinances then in effect, but when recovers, renewals, re- placements, repairs or structural changes are made to such awnings, canopies or marquees, they shall be brought into full compliance with the provisions of this article. (Code 1960, ~ 8-306) Sec. 9-52. Violations. It shall be unlawful for any person to construct, erect, en- large, alter, repair, use or maintain any awning, Venetian awning, suspended canopy, supported canopy, marquee or . permanent awning contrary to any provisions of this article. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor. (Code 1960, ~ 8-308) Sees. 9-53-9-62. Reserved. e ARTICLE IV. SIGNS* Sec. 9-63. Uniform Sign Code adopted. There is hereby adopted, by reference, by the city for the purpose of providing minimum standards to safeguard life, health, property, and public welfare by regulating and con- trolling the design, quality of materials, construction, location, electrification, and maintenance of all signs and sign struc- tures not located within a building, that certain sign code known as the Uniform Sign Code recommended and published by the International Conference of Building Officials, being particularly the 1979 Edition thereof, and the whole thereof, and except such portions as are hereinafter deleted, modified, or amended, of which not fewer than three (3) copies have been and are now on file in the office of the city clerk and the same are incorporated herein as fully as if set out at length herein and the provisions thereof shall be controlling *Cross reference--For advertising generally, see Ch. 3. Supp. No. 25 e 323 ~ 9-63 SALINA CODE ~ 9-66 in the construction and erection of all signs within the cor- porate limits of the city. (Ord. No. 8146, SS 1, 2, 3-15-71; O.rd. No. 8330, S 1, 1-7-74; Ord. No. 8535, S 1, 1-3-77; Ord. No. 8742, S 1,9-10-79) Sec. 9-64. Enforcement. The building official or his designated assistant is hereby authorized and directed to enforce all the provisions of this article. Sec. 9-65. Board of appeals. The board of appeals provided for in Section 204 of the Uniform Building Code, incorporated by reference in section 9-18 of this Code, is hereby made a board of appeals for this article relating to signs, with the same procedure and with the same powers as provided in said Section 204. (Code 1960, S 8-413) Cross reference-For board of appeals, ~ 9-1. Sec. 9-66. Permit required; application; exception. 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 chief building inspector or his authorized assistant. No such permit shall be issued by said inspector until an application has been filed in his office showing the plans and specifica- tions, including stress diagrams or tabulated stresses, dimen- sions, materials, and details of construction, together with complete details showing methods of anchoring proposed signs or until the applicant has paid the prescribed fee: Provided, that portable ground signs not over eight (8) square feet in area may be erected or located without the necessity of obtaining a permit: Provided further, that no sign erected or constructed prior to the adoption of this Code for which a permit is required for original construction shall be relocated, rebuilt or remodeled without coming into compliance with the provisions hereof and until after a sign permit has been obtained to effect such alteration or relocation. (Code 1960, ~ 8-402) Supp. No. 25 324 e e e ~ 9-67 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-69 Sec. 9-67. Permit fee. Any person, firm or corporation desiring a permit under the provisions of this article shall, at the time of receiving such permit, pay to the city the fee of six dollars and fifty cents ($6.50) for each permit. (Code 1960, ~ 8-402; Ord. No. 8410, ~ 1,1-6-75) Cross reference-Fee when permits not obtained in time, ~ 1-11. Sec. 9-68. License required for sign business; term; fee; ex- ceptions. No person shall engage in the business of sign hanging or the erection of signs within the corporate limits of the city without complying with the provisions of this article and first obtaining a license. There shall be a license fee of thirty-three dollars ($33.00) per year for such person engaged in the business 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 contractors carrying a license. There shall be a separate license for each place of business conducted by any person: Provided, that nothing in this section shall prevent any person from hanging or erecting any sign or signs to be used in advertising the business of such person, but strict compliance shall be made at all times in the hanging of such signs with the provisions of this article. The license shall be valid ilntil 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 January fifteenth, a new application must be made and fee paid before a license will be issued. (Code 1960, ~ 8-411; Ord. No. 8383, ~ 1, 11-25-74) Cross reference-For licensing generally, see Ch. 20. Sec. 9-69. 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 : Supp. No. 20 325 ~ 9-69 SALINA CODE ~ 9-71 (a) Execute and deliver to the city a good and sufficient surety bond in the sum of five thousand dollars ($5, 000.00) conditioned upon the good and faithful per- formance of work done by him or them upon any build- ing, sign or premises within the city, the paYment of all fees connected therewith, and to hold the city harm- less on account of any damages arising from faulty work or neglect of duty in the protection of the public; (b) Procure and maintain in full force and effect for the duration of the license bodily injury liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00) per occurrence and property dam- age liability insurance in the minimum amount of one hundred thousand dollars ($100,000.00) per occurrence. 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 ~t any time during the license period be canceled or reduced, restricted or limited, unless the administrative authority is given ten (10) days written notice. (Code 1960, ~ 8-411; Ord. No. 8468, ~ 1, 1-26-76) Sec. 9-70. Bond or insurance for persons advertising their own businesses. Any person desiring to erect or hang a sign or signs to advertise the business of such person in the city, flhall furnish to the city the same kind and char~cter of a band, or in lieu thereof, shall furnish the same kind and character of written agreement and evidence of public liability inRuranre as re- quired above, which instrument or instrument>; shall be sub- ject to the approval of the city attorney, and which said bond or written agreement and certificate of insurance shall be kept in full force and effect for such time as such sign or signs remain in place. (Code 1960, ~ 8-411) Cross reference-Bonds of contractors, licensees, etc.. ~ 2-7. Sec. 9-71. Projecting signs-Defined. A projecting sign as used in this artie1e shall mean any p~illted lettering, cutout lettering, device or representation Supp. No. 20 326 e e . ~ 9-71 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-74 placed upon wood, metal or pressed board used in the nature of advertising erected and suspended at right angles and projecting from the walls of any building and which extends more than fifteen (15) inches from the wall. (Code 1960, S 8-407 ) Sec. 9-72. Same-Height, size, location. Sec. 9-72(1). No projecting illuminated sign shall be affixed to a building so that the lowest overhanging part thereof shall be less than ten (10) feet above the level of the sidewalk or ground. No such sign projecting from a building shall ex- tend more than eight (8) feet beyond the lot line of the face of the building, and no such sign shall extend beyond a ver- tical plane two (2) feet in back of the face of the curb. A projecting sign attached to a corner of a building and parallel to the vertical line of such corner shall be deemed to be erected at a right angle to a building wall. Sec. 9-72(2). No projecting sign shall be affixed to a build- ing so that the lowest overhanging part thereof shall be less than eight (8) feet above the level of the sidewalk or ground. No such sign shall project more than three (3) feet from the building wall, except that a sign of identification and building number may be attached directly under a marquee extending not less than seven and one-half (71;2) feet from the sidewalk or ground. (Code 1960, S 8-407) Sec. 9-73. Reserved.* Sec. 9-74. Temporary banners, pennants, etc., over streets. No banner, bunting, pennant, ornament or flag (except the flags of the United States and the State of Kansas) shall be suspended or projected over the streets, avenues, alleys or other public property of the city when used for business ad- vertisements or for personal or corporate gain or publicity: Provided, that a permit may be issued by the building official * Amendment note-Ord. No. 69'72, adopted April 10, 1967, specifically repealed ~ 9-73 of this Code, whic.h prohibited signs which project over the boundary lines of streets except in the central business district zoned E. Said section has been reserved by the editors to maintain sequence. Supp. No.3 327 ~ 9-74 SALINA CODE S 9-108 for the temporary suspension or projection of any such ban- ner, bunting, pennant, ornament or flag over the streets, avenues, alleys or other public property for a period not to exceed thirty (30) days when the same are to be used for conventions, receptions and occasions in which the public in general is concerned. (Code 1960, S 8-409) Sec. 9-75. Obscene matter prohibited. No obscene matter shall be displayed upon any sign. (Code 1960, S 8-412) Cross references-For obscenity generally, see g 23-83 et seq.; obscene writing or pictures on structures, S 23-87. Sec. 9-76. Violations. Any person violating any of the provisions of this article or the code hereby adopted shall be guilty of a misdemeanor. (Code 1960, S 8-414) Sees. 9-77-9-86. Reserved. Article V. 'TV and Radio Towers and Antennae Sec. 9-87. Maximum height, location. It shall be unlawful for any person to erect a radio or tele- vision tower exceeding a height of seventy (70) feet from the ground level to the highest point of the antennae erected thereon, or more than thirty (30) feet from the roof which supports such tower or antennae, except towers for two-way radios authorized by an agency of the federal government. (Code 1960, S 8-601) Sees. 9-88-9-107. Reserved. Article VI. Electrical Code DIVISION 1. GENERALLY Sec. 9-108. 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 ordi- nances of the city. SuPp. No.3 328 e e e ~ 9-109 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-114 Sec. 9-109. Oath, bond of inspector. Before assuming the authority conferred on him by this article, the electrical inspector shall take the oath usually administered to other city officials and shall give a bond to the city in the penal 'Sum of one thousand dollars ($1,000.00) conditioned' upon the faithful performance of his duties. Sec. 9-110. Building official acting as inspector. In the event 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, said building official shall receive no further or other salary or remunera- tion than that due him as said building official. Sec. 9-111. General duties of inspector. The electrical inspector shall have general supervision over the placing and installation of all electric light, heat and power wires, raceways, fixed and stationary appliances, con- ductors, apparatus, equipment and their supports in and upon all buildings, shops, outhouses, sheds, trailer parks, poles and all other structures within the city, in accordance with the pro- visions of this article and the ordinances of the city governing the placement of electric wiring and appliances therein. Sec. 9-112. Enforcement by inspector. It shall be the duty of the electrical inspector to enforce the provisions of this article and any other ordinance'S con- cerning electric wiring or apparatus. Sec. 9-113. Inspector to decide questions. The electrical inspector shall decide all questions not pro- vided for in this article pertaining to imtallation, operation or maintenance of electric wiring and apparatus. Sec. 9-114. Electrical Code Panel created. There is hereby created an electrical code panel of five (5) persons. 329 ~ 9-115 SALINA CODE ~ 9-117 Sec. 9-115. Membership of panel. The electrical code panel membership I'lhall be made up as follows: Two (2) members that are licensed electrical con- tractors, one (1) licensed electrical engineer, one (1) jour- neyman electrician and one (1) attorney. The panel members shall be selected and appointed by the mayor, with terms as follows: One member for one (1) year; one for two (2) years; one member for three (3) years; one member for four (4) years, and one member for five (5) years. Upon expira- tion of the term of office of a member of the panel, his suc- cessor shall be appointed for a term of five (5) years. No member of the panel may succeed himself. No member of the panel may be a member of any other panel or board estab- lished by this article. The chairman of the code panel shall be selected annually from the members of the panel. None of the above members may be directly connected with any de- cision being appealed to this panel. Sec. 9-116. Quorum for panel. Three (3) members of the code panel shall constitute a quorum for the performance of its assigned duties. Sec. 9-117. Duties of code panel. Sec. 9-117(1). Grievances. When an individual or company feels that a decision of the electrical inspector is unjust, he may appeal said decision to the electrical code panel. The panel shall have no authority to overrule ordinance directives except as specified in section (2). The electrical inspector shall comply with electrical code panel decisions. Sec. 9-117(2). Hardship cases. When an ordinance directive is encountered which will impose a general public hardship because of an area peculiarity, the panel will draft a proposed amendment to this section and submit said proposal to the city commission for its consideration. Pending approval or disapproval of the proposed amendment, any appeal or direc- tive will be; held in abeyance. Sec. 9-117(3). Amendments. When an inequity is noted in this article and an addition is considered vital to facilitate 330 e ~ 9-117 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-120 the enforcement hereof, the electrical inspector shall inform the electrical code panel by letter of this need. The panel will review this request and upon determining that the need does in fact exist shall draft a proposed amendment and forward the same to the city commission for its consideration. Upon approval, said amendment may be published as an interim amendment to this article. e Sec. 9-118. Procedure for appeals to code panel. The party making an appeal to the code panel shall provide in writing all the information pertinent to the decision being appealed. Five (5) copies of the appeal shall be forwarded to the chairman of the panel, who shall ftlrward one coPy to each panel member. The chairman shall then complete ar- rangements for the meeting of the code panel, and shall inform all interested parties as to the time, date and place of said meeting. Decisions shall be reached by a simple majority of those present and voting, and the chairman shall vote only in the case of a tie. Every decision of the panel shall be re- corded in writing and shall indicate the vote. All such decisions shall be made a matter of record. Sec. 9-119. 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 turning off of all electric currents where the same shall interfere with the work of the fire department during the progress of a fire. e Sec. 9-120. Condemnation of unsafe items and material. All electrical items and material for sale by any person, firm or corporation, inspected and found unsafe or not con- forming to accepted safety standards shall be condemned and removed from sale. The National Board of Fire Underwriters label of approval or label of inspection service will be the guide line used for this service. No fee shall be charged for this service. 331 ~ 9-121 SALINA CODE 9 9-123 Sec. 9-121. Inspection, condemnation, correction 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 ap- pliances used therein are in dangerous or unsafe condition, so as to endanger life or property, and upon discovering de- fects therein, he shall notify in writing the person, firm, or company owning, using or operating same, giving said per- son, firm or company a reasonable period of time in which to place said' defective wires or appliances in a safe, secure and non-interfering condition. Any person, firm or company owning, using or operating said defective wires or appliances, neglecting or refusing within said time to make the necessary repairs or changes and to have necessary work completed within the specified time, shall be deemed guilty of a violation of this article. The electrical inspector shall then have author- ity to order the supplying company to discontinue electric service to said defective wires or appliances until such de- fects shall be repaired in accordance with the requirements of this article. No corporation, co-partnership, association or individual or agent thereof, shall supply or cause to be sup- plied' any electric current to conductors or apparatus which have been found by the electrical inspector to be in an unsafe 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. Sec. 9-122. Existing licenses continued until expiration. It is not the intent of this article to deprive any person of his right to livelihood. All electrical contractor licenses, mas- ter electrician licenses, journeyman electrician licenses and all apprentice electrician working permits issued by the city are hereby continued until their date of expiration. Sec. 9-123. Liabilities not affected. This article shall not be construed to relieve or lessen the responsibility of any corporation, co-partnership, association, 332 e e e ~ 9-123 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-131 individual or agent thereof, installing, operating or controlling any electric wiring or apparatus for damages to anyone in- jured thereby, nor shall the city be held as assuming any lia- bility by reason of the inspection authorized herein or certifi- cate or permit issued pursuant to the provisions of this ar- article. Sec. 9-124. Violations. Any corporation, co-partnership, association or individual or agent thereof found guilty of violating any of the provisions of this article, or neglecting 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 misdemea- nor. Sees. 9-125-9-129. Reserved. DIVISION 2. CONTRACTORS. Sec. 9-130. License required. Except as otherwise provided in section 9-139, all persons, firms, partnerships or corporations engaged, or hereafter en- gaging in the installation or repairing 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. Sec. 9-131. 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 utilization of electrical energy for light, heat or power and the appurtenances, equipment and devices for the utiliza- tion and control of the same. .Cross reference--For licenses generally, see Ch. 20. Supp. No. 20 333 ~ 9-132 SALINA CODE ~ 9-135 Sec. 9-132. License fee. The annual fee for an electrical contractor's license to each person, firm, partnership or corporation engaging in the above described work shall be as follows: Sec. 9-132(1). Initial license and nonconsecutive annual re- newals shall be one hundred thirty-five dollars ($135.00). Sec. 9-132(2). Each consecutive renewal shall be thirty- five dollars ($35.00). Sec. 9-132(3). Those holding such licenses at the time of the adoption of this Code shall be required to pay only the renewalfee. (Ord. No. 8384, ~ 1, 11-25-74) Sec. 9-133. License to be displayed. The holder of an electrical contractor's license shall con- spicuously post or display said license in the public reception area of his place of business. Sec. 9-134. Insurance required. Every person engaging in the business of an electrical con- tractor in the city shall, as a condition of the issuance of his license, procure and maintain in full force and effect for the duration of the license bodily injury issuance in the minimum amount of three hundred thousand dollars ($300,000.00) per occurrence and property damage liability insurance in the minimum amount of one hundred thousand dollars ($100,- 000.00) per occunence. 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 authority is given ten (10) days written notice thereof. (Ord. No. 8469, ~ 1, 1-26-76) Sec. 9-135. Bond required. Before any person, firm or corporation shall be granted an electrical contractor's license, said person, firm or corporation shall execute a good and sufficient surety bond in the sum Supp. No. 20 334 e ~ 9-135 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-135 of five thousand dollars ($5,000.00), the same to be approved 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 e . Supp. No. 20 334.01 . e .e ~ 9-135 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-139 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. Cross reference--For bonds of contractors, see ~ 2-7 et seq. Sec. 9-136. Doing work without meeting requirements pro- hibited. It shall be unlawful for any person, firm, partnership or corporation 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 se- curing such license and until furnishing proof of having com- plied with the insurance requirements and having furnished the approved surety bond as required by this article. Sec. 9-137. License not transferable. An electrical contractor's license 'shall not be transferable, and shall not be rented, loaned, leased or hssigned by the per- son, partnership, firm or corporation holding su~h license. Sec. 9-138. Suspension, revocation of licenses. Electrical contractors' licenses may be suspended or re- voked for wilful and persistent violations of the provisions of this article. Sec. 9-139. Persons exempt from license requirement. The following persons shall not be required to obtain an electrical contractor's license: Sec. 9-139(1). Any person, firm, partnership or corpora- tion 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 utiHty com- pany supplying the service.. Sec. 9-139(2). Any person, firm, partnership or corporation working in or upon any building or premises owned and occupied by an agency of the federal government. Supp. No. 16 334.1 S 9-139 SALIN A CODE S 9-145 Sec. 9-139(3). The maintenance or repair of portable house- hold appliances, radios, television sets, business ma- chines, motors, music boxes, games and portable tools normally supplied through an approved cord' and at- tachment cap. Sec. 9-139( J,.). Any person, firm, partnership or corpora- tion installing signal systems for protective purposes such as burglar alarms, remote controls, and similar circuits and only when used as an extension of a central station such as a telephone, telegraph, radio, television and sound systems when the base system is Underwrit- ers approved and connected to line voltage with an approved attachment cord and attachment cap, and contains current limiting transformers and protection as defined in the National Electrical Code as Class II control and signal circuits. Sec. 9-139(5). A bona fide owner of a single family dwelling being [used] exclusivel.y as his dwelling, including the usual accessory buildings, may be granted a permit pro- vided 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 shaJ.l apply to a new dwelling. Sec. 9-139(6). Any person, firm, partnership or corpora- tion who has a currently valid mobile home craftsman license issued by the City of SaJ.ina, Kansas, while per- forming repairs or replacements to the electrical sys- tem located within a mobile home under the provisions of Article XIV of Chapter 9 of the Salina Code. (Ord. No. 8273, S 1, 2-5-73) Secs. 9-140-9-144. Reserved. DIVISION 3. ELECTRICAL MECHANICS* Sec. 9-145. Classes established. There are hereby esta blished' the following cl~";ses of elec- trical mechanics: *Cross reference-For licenses generally, see Ch. 20. Supp. No. 16 334.2 e ~ 9-145 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-145 Sec. 9-145(1). Master electrician: A master electrician shall certify at least six (6) years of practical experience in the electrical trade doing the type of work he will be required to perform, supervise or direct. Two (2) years satisfactory work at an accredited trade school, or a degree in electrical engineering conferred by an e . Supp. No. 16 335 e e e ~ 9-145 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-145 accredited college or university, and four (4) years practical experience may be accepted in lieu of the fore- going requirements. Sec. 9-145(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 required to perform, supervise or direct. Two (2) years satisfactory work in an ac- credited trade schoo!, or a degree in electrical engineer- ing conferred by an accredited college or university, and three (3) years practical experience may be ac- cepted in lieu of the foregoing requirements. Sec. 9-145(3). Apprentice electrician. Any person earning his livelihood as an electrician, but who has not ac- quired. the necessary longevity of experience to be eligible to become a journeyman electrician, or who with the necessary longevity of experience has not obtained a journeyman electrician's license, is hereby classified as an apprentice electrician. Except by spe- cial written consent issued by the board of examiners, he shall not work except when under the immediate supervision and direction of a licensed journeyman electrician or master electrician, properly licensed by the city. No person who has had his license revoked for cause, shall be allowed to work as an apprentice electrician, without the express consent of the board of examiners. Each qualifying person making application to the city electrical inspector shall be issued an ap- prentice electrician working permit, and it shall be renewed from time to time as shall be required for the journeyman electrical license, as set out elsewhere in this article. There shall be a charge of five dollars ($5.00) for each permit and for each renewal thereof. The board of examiners may suspend or revoke any apprentice electrician's working permit for just and reasonable cause. Sec. 9-145 (1,.). Nonresident electrician. A nonresident elec- trician is a person holding a valid master or journey- Supp. No. 19 336.1 A 9-146 SALINA CODE Ii 9-141.1 man's license from other than the City of Salina. Such master or journeyman's license 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 electrician's licenses, and further provided that the issuing city shall conduct examinations to determine the qualifications of its licensees. Any decision as to doubtful qualifications of a licensee shall be determined by the board of elec- trical examiners. Nothing in this section shall exempt the nonresident electrician from obtaining the proper licenses from the City of Salina as set forth in section 9-132 and section 9-152 of the Salina Code. (Ord. No. 8152, S 1, 3-22-71; Ord. No. 8314, ~ 1, 11-5-73; Ord. No. 8385, S 1,11-25-74) Sec. 9-146. Master electrician required. Each firm, person, partnership or corporation holding an electrical contractor's license as elsewhere set forth in this article shall have in its employ at all times one person holding a valid master electrician's license. One and the same person may hold the electrical contractor's license and the master electrician's license. For the purpose of meeting the require- ments of this section, a master electrician may act as the master electrician for only one electrical contractor. The holder of an electrical contractor's license shall keep the electrical in- spector informed in writing as to the person holding a mast~r electrician's license in his employ. (Ord. No. 8197, ~~ 1, 2, 3-27-72) Sec. 9-146.1. Board of examiners created; membership. There is hereby created a board of examiners of six (6) persons, five (5) of whom shall be appointed by the mayor, by and with the consent of the board of city commissioners, Supp. No. 19 336.2 e ~ 9-146.1 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-146.1 to pass upon the qualifications as elsewere set forth in this article, of all persons engaging in the installation or repairing of electric wiring, lighting fixtures, equipment, devices, or electrical apparatus of any nature, except measuring equip- ment installed by and remaining the property of the utility company supplying the service, in or on any building, struc- ture, pole, sign or premise within the city. Two (2) members e e SUPP. No. 14 337 e ~ 9-146.1 BUILDINGS & STRUCTURAL APPURTENANCES ~ 9-146.1 e of said" board of examiners shall be selected from available licensed electrical contractors, and two (2) shall be selected from available licensed master electriciand, or licensed jour- neymen electricians, each of whom shall have been engaged in the respective business of electrical contractor or electrician in the city for at least five (5) years preceding the date of appointment, except that the appointment of the initial elec- trician members of the board shall be made without the re- quirement as to the license. A person holding a license as an electrical contractor may serve only as an electrical con- tractor member of this board. The fifth member of this board shall be an electrical engineer, so licensed by the State of Kansas. The sixth (6th) member of the board shall be the duly appointed and qualified electrical inspector and" shall serve as the secretary of the board. The appointed members of the board shall serve two (2) year terms, and appointments shall be 'So made that the board will have at least two (2) experienced appointees at all times. A board member will e SuPp. No. 18 338.1 e e - ~ 9-146.1 BUILDINGS, STRUCTURAL APPURTENANCES * 9-150 serve until his successor has been appointed and qualified. No board member shall serve more than two (2) consecutive full terms. Sec. 9-147. Board to hold meetings. It shall be the duty of the members of the board of exam- iners under such rules and regulations as they shall prescribe, to hold meetings in March and September for the purpose of passing upon the qualifications of parties desiring licenses to perform electric wiring and electrical work within the city. Sec. 9-148. Evidence to accompany application for examina- tion. An applicant for an examination hereunder shall submit evidence in detail to prove longevity and diversity of experi- ence requirements as set out in section 9-145, and the board of examiners shall verify all claims made by the applicant, before he shall be eligible for examination. Sec. 9-149. Board to conduct examinations; scope. It shall be the duty of the board of examiners to conduct examinations of applicants for journeyman and master elec- tricians' licenses. The examination shall consist of questions, problems and demonstrations designed to show the extent of the applicant's kno'wledge concerning the detailed provisions of this article and the National Electrical Code, the practical experience in electrical work which the applicant has had, and the degree of proficiency he has attained. The examina- tions shall be given on the basis of the \~urrent code at the time which the examination is given. Sec. 9-150. Re-examination 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 six (6) months has elapsed. Such future examina- tions taken by such person shall have been altered so that he does not take the same examination twice. suPP. No. 19 339 ~ 9-151 SALINA CODE ~ 9-154 Sec. 9-151. Issuance of licenses. After certification by the board of examiners, licenses may be issued by the city clerk. Sec. 9-152. License fees. Any person making application to the electrical inspector for a master electrician license or a joui'neyman electrician license, shall pay to the electrical inspector at the time he makes application for said license a fee as set out below. Sec. 9-152 (1). Initial. The initial fee shall be fifteen dollars ($15.00). If the applicant is proven unqualified to be issued a license, the electrical inspector shall retain the full amount of the fee. If the applicant proves to be qualified, he shall be issued said license and the elec- trical inspector shall retain the entire fee. Sec. 9-152(2). Renewals. Renewals will be five dollars ($5.00) in all cases. (Ord. No. 8386, ~ 1, 11-25-74) - Sec. 9-153. Expiration, renewal of licenses. Masters' and journeymen's licenses shall be valid until De- cember thirty-first of the year issued and shall be renewed not later than January thirty-first of the following year, or said license shall be void and a new application must be made and the applicant must prove himself qualified before a license may be issued. Sec. 9-154. Suspension, revocation of licenses. 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 written appeal to the board of city commissioners, and such appeal shall be filed in writing with the city electrical inspector with- in ten (10) days after the decision has been rendered. Any and all such appeals arising from such rulings of the board Supp. No. 19 340 e e e ~ 9-154 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-163 of examiners shall be expedited and completed not later than thirty (30) days after the appeal has been filed with the electrical inspector. Sees. 9-155-9-159. Reserved. DIVISION 4. PERMITS AND INSPECTIONS Sec. 9-160. Permit required. No corporation, co-partnership, association or individual shall make any installation of wiring for the transmitting of electric current for light, heat or power or make any chang~ or addition to any wiring that has been installed in or upon any building in the city without the owner, electrical contrac- tor or person doing such work first obtaining from the elec- trical inspector a permit covering such work. Sec. 9-161. 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 receptacles; no inspection of them will be required. The installation of lighting fixtures requires a permit in every case. Sec. 9-162. Record of permits required. A complete record shall be kept by the electrical inspector of all permits issued by him. Sec. 9-163. Permit fees established. Electrical permit fees will be collected from the electrical contractor, individual or property owner at the following rates: For issuance of permit --------m----__________________m_______________$ 3.00 For the first ten (10) openings, per opening ________________ 0.50 Additional openings, per opening ---_________________________________ 0.25 Each motor of one hp or less ------________________________________ 1.00 Each motor above one hp including five (5) hp _______ 1.50 Supp. No. 25 341 ~ 9-163 SALINA CODE ~9-165 Each motor above five (5) hp including ten (10) hp. 2.00 Each motor above ten (10)hp. including twenty (20) h p ________________________________________________________------------------ 3.00 Each motor rated at more than twenty (20) hp------- 5.00 Each electric sign ______________________________________________________ 5.00 Switchboards, per panel m______________________________----------- 3.00 Decorative or outline lighting, per circuit ___________________ 1.00 Each neon tube or transformer ______h______________________ 0.50 Each service entrance one hundred (100) amps or less 5.00 Each service entrance one hundred fifty (150) amps 7.50 Each service entrance two hundred (200) amps to four hundred (400) amps _______________________________ 10.00 Each service entrance four hundred (400) amps to eight hundred (800) amps ____________________m_______m__ 12.50 Each service entrance above eight hundred (800) amps 15.00 Each temporary pole service ___________________________________ 3.00 Electric range ____u_n_m___________m______________m____. --------------- 0.50 Each air conditioner ___________________________________________________ 0.50 Each electric dryer _____________________________m_____________d__________ 0.50 Not specified, per hour (two-hour minimum) n__________ 15.00 (Ord. No. 8411, ~ 1, 1-6-75; Ord. No. 8743, ~ 1, 9-10-79) Cross reference-Fee for permits when not obtained in time, ~ 1-11. Sec. 9-164. Payment of fee; failure to pay. All permit fees shall be due and payable to the city clerk not later than the tenth of the month following the month in which the permit was issued. Failure of any corporation, co- partnership, or individual to remit payment of permit fees by the specified date will be a violation of this article. Sec. 9-165. Conditions to issuance of permit. No electrical permit shall be granted or issued to any person, firm or corporation unless and until such person, firm or cor- poration shall have secured and paid for an electrical contrac- tor's license and unless and until all other provisions and requirements necessary to be done and performed prior to the granting of any such license or permit shall have been fully complied with by the person, firm or corporation apply- ing for such permit. Supp. No. 25 342 e e e ~ 9-166 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-166 Sec. 9-166. Inspector to inspect. It shall be the duty of the electrical inspector to inspect or cause to be inspected by competent deputies appointed by him all electric light, heat and power wires, raeeways, fixtures and fixed and stationary appliances, conductors, apparatus and their supports placed in or upon any building within the city regardless of whether such placing or installation is done or made by persons, firms or corporations engaged in other business but doing their own electrical maintenance, or by electricians licensed by the city in their employ. Sec. 9-166(1) Exception to inspections required by sec- tion 9-166. (a) In the event of a residential structure which is built or assembled other than at its ultimate loca- tion, the electrical inspector may authorize a li- censed professional engineer or registered architect to perform the required inspections and certify in writing that all the requirements of the National Electric Code are being complied with. Provided that the engineer or architect shall not be a regu- lar employee of the manufacturer of such struc- tures . (b) If there is cause to believe that any of the sections of the National Electric Code are not being com- plied with the electrical inspector may cause any portion of the electrical system to be inspected by him or his authorized representative, and may cause any portion of the structure to be dismantled to perform such inspections. (c) Procedures to insure compliance will be implement- ed by the inspection department. These may in- clude but are not limited to on-site inspection of electrical work, tests of materials and methods used in assembly of the structures, and other pro- cedures as may be necessary to insure the public safety. (Ord. No. 8159, ~ 1, 6-7-71) Amendment note-Ord. No. 8159, ~ 1, amended this Code by adding ~ 9-166(1). Supp. No. 13 343 ~ 9-167 SALINA CODE ~ 9-169 Sec. 9-167. Inspection, approval required. Upon the completion of each phase of the electrical installa- tion (rough wire--service-finish) of electric wiring sys- tems and apparatus in any building, or upon any structure, for use in connection with electric lighting, heat or power, it shall be the duty of the person, co-partnership, firm or cor- poration doing the same to notify the electrical inspector or competent deputies or assistants deputized by him who shall inspect the same and if approved by him the electrical inspec- tor or his deputy shall place his stamp along with the date of the inspection at the main disconnect center or as near as possible when the main disconnect has not been installed. This stamp shall be considered as express permission to conceal 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. Sec. 9-168. When inspections to be accomplished. Service, rough wire and finish inspections on new construc- tion will be accomplished within forty-eight (48) hours of regular working days after the request for inspection has been received. Installations such as outlets and minor items will be accomplished on a time available basis. Sec. 9-169. Inspector's right of entry. The electrical inspector or a competent assistant appointed by him shall have the right, during reasonable hours, to enter any building, manhole or subway in the discharge of his of- ficial duties or for the purpose of making any test of the elec- trical apparatus or appliances therein contained. and for that purpose he shall be given prompt access to all buildings, pri- vate or public, and to all manholes and 'Subways, upon appli- cation to the company or individual owning or in charge or control of the same, and it shall be unlawful for any such Supp. No. 13 344 e e e ~ 9-169 BUILDINGS, STRUCTURAL APPURTENANCES A 9-178 owner or person in charge thereof to refuse to permit or to prevent the electrical inspector from entering such building, manhole or subway. Sec. 9-170. Concealing wiring before inspection. No corporation, co-partnership, firm or indivdual or agent thereof shall conceal or cause to be concealed any electric wir- ing or apparatus mentioned in this article until after the same has been inspected and approved by the electrical inspector, and the electrical inspector is hereby authorized to order the removal of any flooring, lathing or plaster, sheet metal or any other material which may conceal any electrical wiring or apparatus contrary to the provisions of this article. Sec. 9-171. Inspection of alterations and changes. 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. Prior to installing circuits for additional appliances in any structure, the electrical contractor shall first determine that adequate service and feeder capacity is available to serve the appliance or appliances for which the wiring is to be installed. See. 9-172. Certificate of approval required before setting meter or connecting current. No person or company furnishing electric power or cur- rent shall set the meter or turn current on any new wiring or repair or alter wiring before receiving an inspection certificate from the electrical inspector certifying his approval of such wiring. Sees. 9-173-9-178. Reserved. SuPp. No. 23 345 ~ 9-179 SALINA CODE ~ 9-199 DIVISION 5. STANDARDS Sec. 9-179. National Electrical Code adopted. The installation .of electrical wiring and apparatus far the utilizati.on .of electric current shall be made in acc.ordance with the 1978 Editi.on .of the Nati.onal Electrical C.ode as pub- lished and sp.ons.ored by the Natianal Fire Pr.otectian Assacia- ti.on, which is hereby incarparated by reference and adapted as the electrical cade .of the city, except as madified by this article. (Ord. Na. 6923, ~ 1, 6-20-'66; Ord. Na. 8002, ~ 1, 1-27-69; Ord. Na. 8198, ~~ 1, 2, 4-3-72; Ord. Na. 8406, ~ 1, 12-23-74; Ord. Na. 8605, ~ 1,11-7-77) Sec. 9-180. Safety code adopted. Installatian, maintenance and repair .of electrical wiring, ap- paratus and appurtenances thereta caming within the scape .of the Nati.onal Electric Safety Cade shall be perfarmed ac- carding ta the rules and regulatians as set .out in the Nati.onal Electric Safety Cade. Specific reference is made ta the "Safety Rules far the Installatian and Maintenance .of Electric Supply and Cammunicatians" as appraved by the American Stand- ards Assaciatian .of the U.S. Department .of Cammerce, knawn as Natianal Bureau .of Standards Handb.oak 81, issued Na- vember 1, 1961. Sec. 9-181. Service entrances. Service entrance canductars shall be in rigid c.onduit in Fire Zanes 1 and 2. In new residential dwellings, service entrance canduct.ors shall have an ampacity .of nat less than 100 am- peres 3-wire and na service equipment shall be designed ta accammadate less than twelve (12) si.ngle pale branch circuit breakers in additian ta the 100 amp main breaker, tataling a 14 circuit panel. (Ord. Na. 8212, ~~ 1,2,5-30-72) Sees. 9-182-9-199. Reserved. Editor's note-Former 99 9-182-9-188 were repealed by Ord. Nos. 8213--8219. See Comparative Table. Supp. No. 23 346 e ~ .9~200 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-201 ARTICLE VII. PLUMBING CODE* DIVISION 1. GENERALLY e Sec. 9-200. Uniform Plumbing Code adopted. In order to protect the public health and safety of the city through the establishment of minimum regulations for the installation, alteration and repair and maintenance of plumb- ing and drainage systems, the provisions of the 1979 Edition of the Uniform Plumbing Code and all Appendices thereto, are hereby incorporated, by reference, herein and adopted as the plumbing code of the City of Salina, Kansas, except as modified by Article VII of Chapter 9 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 installation, alteration, repair and maintenance of all plumbing and drain- age systems within the corporate limits of the city. (Ord. No. 8038, ~ 1, 8-18-69; Ord. No. 8047, ~ 1, 9-15-69; Ord. No. 8124, ~ 1, 11-23-70; Ord. No. 8221, ~ 1, 5-30-72; Ord. No. 8290, ~ 1, 7-2-73; Ord. No. 8533, ~ 1, 1-3-77; Ord. No. 8744, ~ 1, 9-10-79) Sec. 9-201. Administrative authority defined. Whenever the term "administrative authority" is used in this article or in the code hereby adopted, it shall be construed to mean the city building official, and shall include his author- ized representatives. The powers and duties of the administra- tive authority shall be as set forth in the Uniform Plumbing Code hereinabove adopted. (Ord. No. 8038, ~ 1, 8-18-69) e Editor's note-Ord. No. 8038, ~ 2, repealed the previous Art. VII and Art. VIII of Ch. 9 and ~ 1 of said ordinance enacted said articles to read as herein set out. Prior to amendment by said ordinance, the articles had been amended by the following ordinances: Ord. No. 6952, ~ 1, 1-30-67; Ord. No. 6954, ~ 1, 1-30-67; Ord. No. 6993, ~ 1, 6-26-67; Ord. No. 6994, ~ 1, 6-26-67; Ord. No. 6995, ~ 1, 6-26-67; Ord. No. 6996, ~ 1, 6-26-67; Ord. No. 6997, ~ 1, 6-26-67; Ord. No. 6998, ~ 1, 6-26-67. Cross references-Plumbing facilities in mobile homes and mobile home courts, ~ 21-32; water and sewers, Ch. 35; maintenance of plumb- ing required, ~ 35-31. Supp. No. 25 347 ~ 9-202 SALINA CODE ~ 9-204. Sec. 9-202. Conflict of ordinances. Anything set forth at length in this article shall be deemed to take precedence over any code adopted. In any case where a . provision of this article is found to be in conflict with a provision of any. zoning, building, fire, safety, or health ordinance or code of the city, existing on the effective date of this Code of Ordinances, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the city existing on the effective date of this Code of Ordinances, which establishes a lower standard for the promotion and protection of the health and safety of the people, the provi- sions of this article shall be deemed to prevail and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this code. (Ord. No. 8038, S 1,8-18-69) Sec. 9-203. Reserved. Editor's note-Ord. No. 8745, ~ 1, adopted Sept. 10, 1979, repealed ~ 9-203, establishing fees for plumbing and gas fitting permits. Said sec~ tion was derived from Ord. No. 8038, f 1, enacted Aug. 18, 1969, and' Ord. No. 8412, 9 1, enacted Jan. 6, 1975. Sec. 9-204. Sewer connection permits and fees. 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: Sec. 9-204(1). For each connection for the use of property included within the boundaries of the city since Jan- uary 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 one hundred fifty dollars ($150.00). Sec. 9-204(2). For each connection for the use of property not within the city limits and not in any sewer benefit Supp. No. 25 348 e e e ~9-204 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-205.1 district of the city, the sum of three hundred fifty dollars ($350.00). Sec. 9-204(3). No fee shall be required for connections of the use of property located in a sewer benefit district of the city; 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. (Ord. No. 8038, ~ 1, 8- 18-69) Sec. 9-205. Work not requiring a permit. No permit shall be required in the case of any repair work as follows: The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any trap (other than tubular traps), drainpipe, soil, waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as new work and a permit shall be procured and an inspection made as hereinbefore provided. No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, where such repairs do not involve or require the rearrangement of tubular traps, valves, pipes or fixtures. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-205.1. Amendment of Section 608(c) of the Uniform Plumbing Code. Section 608 (c) of the Uniform Plumbing Code as adopted by the City of Salina, Kansas, is hereby amended to read as follows: "(c) No commercial diswashing machines shall be di- rectly connected to a drainage system or food waste dis- poser without the use of an approved dishwasher air-gap fitting on the discharge side of the dishwashing 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." (Ord. No. 8151, ~ 1, 3-15-71; Ord. No. 8746, ~ 1,9-10-79) Supp. No. 25 349 ~ 9~205.2 SAUNA CODE ~ 9-205.2 Sec. 9-205.2. Exception to inspection requirement by Section 1-13 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 ad- ministrative authority may authorize a licensed professional engineer or registered architect to perform the required in- spections and certify in writing that all the requirements of the Uniform Plumbing Code are being complied with. Pro- vided 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 U. P. C. are not being complied with, the administrative authority may cause any portion of the plumbing and/or gas system to be inspected by him or his authorized representa- tive, and may cause any portion of the structure to be dis- mantled to perform such inspections. [The next page is 352.1] Supp. No. 25 350 e e e ~ 9-205.2 BUILDINGS & STRUCTURAL APPURTENANCES ~ 9-207 (c) Procedures to insure compliance will be implemented by the inspection department. These may include but are not limited to on-site inspection of plumbing and/or gas work, tests of materials and methods used in assembly of the struc- tures, and other procedures as may be necessary to insure the public safety. (Ord. No. 8160, ~ 1, 6-7-71) Amendment note-Ord. No. 8160, !l 1, amended this Code by adding the above provisions as ~ 9-205.1. The editors redesignated the pro- visions as ~ 9-205.2 in view of the fact that this Code already contained a ~ 9-205.1. DIVISION 2. PLUMBERS* Sec. 9-206. Definitions. As used in this article: Sec. 9-206 (1). Employing plumber or plumbing contractor. The term "employing plumber or plumbing contractor" shall mean a person who engages in the business or trade of plumbing and employs a certified master plumber for the purpose of his business. Sec. 9-206(2). Master plumber. The term "master plumber" shall mean a person who holds a certificate issued pur- suant to this article, showing him to be qualified and equipped to layout, plan and supervise the installation, repairing and maintenance of plumbing. Sec. 9-206(3). Journeyman plumber. The term "journeyman plumber" shall mean a person who holds a certificate issued pursuant to this article showing him qualified to do plumbing work, but who is not a master or em- ploying plumber or plumbing contractor as defined herein. Sec. 9-206 ( 4). Apprentice plumber. The term "apprentice plumber" shall mean a person who has sincerely dedi- cated himself to learning the plumbing trade, and must be in the employ of a master or employing plumber. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-207. 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 .Cross referenct'-Licenses. eh. 20. SuPp. No. 16 35~.1 ~ 9-207 SALINA CODE ~ 9-210 certificate of qualification by the board of plumbing examin- ers and registering said certificate with the city clerk. Pro- vided however, that the exchange or replacement of an exist- ing home appliance, such as a hot water heater, dishwasher, food waste disposer, automatic washer, refrigerator or water softener, not requiring 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 or persons regularly employed by the water and sewerage department of the City of Salina, Kansas, shall be exempt from the pro- visions of this section when performing labor on property owned and maintained by the City of Salina, Kansas. And provided further, that any person holding a valid mobile home craftsman license issued by the City of Salina, Kansas, shall be exempt from the provisions of this section while perform- ing those services for which he is licensed under Chapter 9, Article XIV of the Salina Code. (Ord. No. 8038, 9 1, 8-18-69; Ord. No. 8274, S 1, 2-5-73) Sec. 9-208. Membership of board of examiners. The board of plumbing examiners shall consist of three (3) members. One member shall be a qualified master plumber, one member shall be a qualified journeyman plumber and one member shall be a member of the health department of the city. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-209. Administrative authority to be a member and secretary of board. The administrative authority shall serve as an ex officio member arid shall act as secretary to the board of examiners and for the purpose of section 9-208 shall be a member of the health department of the city, except that he shall be respon- sible to the city manager and the board of commissioners. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-210. Appointment, term of board of examiners. The members of the board of examiners shall be appointed by the mayor with the consent of the city commission. Mem- Supp. No. 16 352.2 e e . ~ 9-210 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-212 bers shall serve for two (2) years on each appointment or until their successor has been duly appointed. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-211. Quorum for board of examiners. Two (2) members of the board of examiners shall consti- tute a quorum. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-212. Duties of board. Sec. 9-212(1). The board of plumbing examiners shall issue plumbing certificate of qualification to such person as may be entitled thereto, and conduct examinations for the purpose of determining the competency and knowledge of plumbing and drainage work of persons who are required by this code to take such examination. The board of examiners shall deter- mine the character of examination to be given applicants. Sec. 9-212(2). Said board shall keep an accurate record of all its official transactions and render such reports and statistics as the department having jurisdiction may require and direct. Sec. 9-212(3). Said board shall elect annually, a chairman from the members who shall preside at all meetings. They shall adopt such rules and regulations as they see fit for the proper and efficient discharge of their official duties. Sec. 9-212(4). The board of plumbing examiners may cancel or revoke any certificate of qualification or registration issued by them to any person, if such person later shows incom- petency or lack of knowledge in matters relevant to such certificate or if such certificate was obtained by fraud. If the certificate of qualification or registration of any person be so cancelled or revoked, another such certificate shall not be granted to such person within twelve (12) months after the date of cancellation or revocation. (Ord. No. 8038, S 1, 8-18-69 ) Supp. No. 16 ~153 ~ 9-213 SALINA CODE ~ 9-214 Sec. 9-213. 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 following examining fee: Master pI urn ber m___mmn___mm__mnn -_mn__nm________nmmn$5.00 Journeyman plumber mnm__mm_mmum__m__mm___mmn____ 2.00 Apprentice plumber m----nm-_m_m____m____mn___mmn__mnm 1.00 (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-214. Gas fitter's examination required. Each applicant taking the plumber's examination (maste:c, employing or journeyman plumber) shall take, at the time, the examination for a gas fitter's license. Failure to qualify for the plumber or gas fitter's license, disqualifies the appli- cant for either license. Only one examination fee shall be paid for taking both examinations. (Ord. No. 8038, S 1, 8-18-69) SuPp. No. 16 354 .- ~- . r ~'::; ~~5fZ"""::7 .h:l.~ ';l:'~~ I 41.2703 INTOXICATING LIQUORS AND BEVERAGES (c) An application for a retailer's license shall be verified and upon a form prepared by the attorney general of the state and shall contain: (1) The name and residence of the ap- plicant; (2) the length of time that the applicant has resided within the state of Kansas; (3) the particular place of business for which a license is desired; (4) the name of the owner of the prem- ises upon which the place of business is located; (5) a statement that the applicant is a citizen of the United States and not less than twenty-one (21) years of age and that the applicant has not within two (2) years im- mediately preceding the date of making ap- plication been convicted of a felony, any crime involving moral turpitude, drunken- ness, driving a motor vehicle while under the influence of intoxicating liquor or viola- tion of any other intoxicating liquor law of any state or of the United States. (d) Each application for a retailer's li- cense shall be accompanied by a fee as fol- lows: (1) For licensure of a place of business in a county having a population of one hun- dred sixty-five thousand (165,000) or less, a fee of not less than twenty-five dollars ($25) or more than one hundred dollars ($100), as prescribed by the board of county commis- sioners or the governing body of the city, as the case may be; (2) for licensure of a place of business in a county having a population in excess of one hundred sixty-five thousand (165,000), a fee of not less than twenty-five dollars ($25) or more than two hundred dollars ($200), as prescribed by the board of county commis- sioners or the governing body of the city, as the case may be; (3) for licensure to sell on railway cars, a fee of one hundred dollars ($100). (e) The director shall remit to the state treasurer all license fees collected by the director hereunder, and the state treasurer shall credit the same to the state general fund, except that the director may provide for the deposit in the cereal malt beverage tax refund fund of such amounts as neces- sary for the refund of any such license fees. (f) 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 pro- vided for herein, to any retailer engaged in business in said county or city and qualified to receive said license, to sell only cereal malt beverages in original and unopened containers, and not for consumption on the premises. The annual license fee for such license shall be not less than twenty-five dollars ($25) or more than fifty dollars ($50). (g) No license issued under this act shall be transferable. History: L. 1937, ch. 214, ~ 2; L. 1949, ch. 244, ~ 4; L. 1953, ch. 240, ~ 1; L. 1970, ch. 188, ~ 1; L. 1978, ch. 189, ~ 2; July 1. Revisor's Note: Transferred from 21-2702. Cross References to Related Sections: Licensing of wholesalers and distributors, see 41. 2713. Research and Practice Aids: Intoxicating Liquors-.58, 64, 102. Hatcher's Digest, Intoxicating Liquors H 5, 6; Li- censes H 9, 13, 14. C.J.S. Intoxicating Liquors H 116, 135, 145. Application for license to retail beverages, consump- tion on premises, Vernon's Kansas Forms ~~ 3202 to 3204. Original cases, Vernon's Kansas Forms ~ 3201. CASE ANNOTATIONS 1. Numerous constitutional objections considered and section held valid. Johnson v. Reno County Comm'rs, 147 K. 211, 212, 75 P.2d 849. 2. Act construed; refusal by city to consider applica- tion for license, remedy. Lindquist v. City of Linds- borg, 165 K. 212, 214, 215, 216, 193 P.2d ISO. 3. Issuance of license discretionary; right to refuse license; act valid. Lindquist v. City of Lindsborg, 165 K. 212, 214, 215, 216, 193 P.2d 180. 4. Application for sale at retail, not for consumption on premises; timely objection by township board; county commissioners must deny. Horyna v. Board of County Commissioners, 194 K. 445, 446, 447, 448, 449, 399 P.2d 844. 5. County commissioners must issue renewal license when applicant qualified and no objection by township. Curless v. Board of County Commissioners, 197 K. 580. 581, 582, 583, 584, 585, 586, 587, 588, 419 P.2d 876. 6. Licensing of retail cereal malt beverage outlets. when business is in a city, is delegated to city; unrea- sonable regulation void. City of Baxter Springs v. Bryant, 226 K. 383, 387, 598 P.2d 1051. 41.2703. Same; qualifications; term of license; notice to wholesalers of nonre- newal, when. (a) After examination of an application for a retailer's license, the board of county commissioners or the director shall, if they approve the same, issue a li- cense to the applicant. The governing body 420 ~~ A CEREAL MALT BEVERAGES of the city shall, if the applicant is qualified as provided by law, issue a license to said applicant. (b) No retailer's license shall be issued to: (1) A person who is not a resident of the county in which the place of business cov- ered by the license is located, has not been a resident of such county for at least six (6) months or has not been a resident in good faith of the state of Kansas for at least one year prior to application for a retailer's li- cense. (2) A person who is not of good character and reputation in the community in which the person resides. (3) A person who is not a citizen of the United States. (4) A person who within two (2) years immediately preceding the date of making application has been convicted of a felony, any crime involving a moral turpitude, drunkenness, driving a motor vehicle while under the influence of intoxicating liquor or violation of any other intoxicating liquor law of any state or of the United States. (5) A partnership, unless one of the partners is a resident of the county in which the licensed premises is located and all the members of the partnership are otherwise qualified to obtain a license. (6) A corporation, if any manager, officer or director thereof or any stockholder own- ing in the aggregate more than twenty-five percent (25%) of the stock of such corpora- tion would be ineligible to receive a license hereunder for any reason other than the citi- zenship and residency requirements. (7) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all the qualifi- cations of a licensee. (c) Retailer's licenses shall be issued ei- ther on an annual basis or for the calendar year. If such licenses are issued on an an- nual basis, the board of county commis- sioners or the governing body of the city shall notify the cereal malt beverage whole- salers supplying the county or city on or before April 1 of the year if a retailer's li- cense is not renewed. History: L. 1937, ch. 214, ~ 3; L. 1949, ch. 244, ~ 5; L. 1973, ch. 201, ~ 1; L. 1973, ch. 202, ~ 1; L. 1978, ch. 189, ~ 3; July 1. Revisor's Note: Transferred from 21-2703. ~.~~.. ~",,;,"C -;'.) 41.2704 Research and Practice Aids: Hatcher's Digest, Intoxicating Liquors ~~ 5, 6; Li- censes H 9, 13, 14. CASE ANNOTATIONS 1. Act construed; refusal by city to consider applica- tion for license, remedy. Lindquist v. City of Linds- borg, 165 K. 212, 215, 216, 193 P.2d 180. . 2. Issuance of license discretionary; right to refuse license; act valid. Lindquist v. City of Lindsborg, 165 K. 212, 215, 216, 193 P.2d 180. 3. Discussed; county without discretion in issuing renewal license under 41-4702. Curless v. Board of County Commissioners, 197 K. 580, 584, 585, 588, 419 P.2d 876. 4. Conviction of perjury in attempt to secure license hereunder; record reviewed; no reversible error. State v. Craig, 215 K. 381, 382, 524 P.2d 679. 41.2704. Hours of closing; standards of conduct; regulations; persons under 18; un- lawful acts, penalty; possession of alcoholic liquor on premises prohibited unless prem- ises licensed by director. (a) In addition to and consistent with the requirements of this act, the board of county commissioners of any county or the governing body of any city may prescribe hours of closing, standards of conduct and rules and regulations concern- ing the moral, sanitary and health conditions of places licensed pursuant to this act and may establish zones within which no such place may be located. (b) No cereal malt beverages may be sold: (1) Between the hours of 12:00 midnight and 6:00 a.m.; (2) on Sunday; or (3) on the day of any national, state, county or city elections, including primary elections, during the hours the polls are open, within the political area in which such election is being held. (c) No private rooms or closed booths shall be operated in a place of business, but this provision shall not apply if the licensed premises are also currently licensed as a club under a license issued by the director. (d) Each place of business shall be open to the public and to the police at all times during business hours, except that a prem- ises licensed as a club under a license issued by the director shall be open to the police and not to the public. (e) No licensee shall permit a person under 18 years of age to consume, purchase or possess any cereal malt beverage in or about a place of business. (f) No person shall have any alcoholic liquor in such person's possession while in a 421 e e . ~ 9-215 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-218 Sec. 9-215. Forfeiture of fee for failure to appear. Failure of the applicant to appear for the examination when notified shall forfeit the application fee. (Ord. No. 8038, ~ 1, 8-18-69 ) Sec. 9-216. Issuance of certificate; fees. Sec. 9-216 (1). 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. Sec. 9-216 (2). The license and registration of certificate shall be issued by the city clerk and the applicants shall pay the following fee: Plumbing contractor's license U udU_ $135.00 Master plumber registration _ 15.00 Journeyman plumber registration 15.00 Apprentice plumber registration 5.00 (Ord. No. 8038, ~ 1, 8-18-69; Ord. No. 8387, ~ 1, 11-25-74) Sec. 9-217. Exemption from examination. Any person may be exempt from taking the plumber's examination if said person can show that he is the holder of a certificate issued by another city with a population over seven thousand (7,000) and the board is satisfied that said certificate was issued as the result of having passed an examination having requirements equivalent to the examina- tion given by the City of Salina. Said certificate shall be accepted as valid in the city, but the applicant shall not be exempt from paying the filing fee as indicated in section 9-216(2) above. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-218. Registration of certificate, license prerequisite to doing work. A person holding a certificate of qualification to work at plumbing in the city shall, before working, register his certificate in the office of the city clerk and secure a license and,'or registration as hereinbefore provided. (Ord. No. 8038, ~ 1, 8-18-69) Supp. No. 19 355 ~ 9-219 SALINA CODE ~ 9-223 Sec. 9-219. Expiration, renewal of licenses and certificates. Each license and certificate shall be renewed annually and said license and certificate shall expire on the thirty-first day of December regardless of when the license was secured. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-220. Renewal procedure; fee. The license and registration of certificate renewal fee shall be paid to the city clerk. The annual renewal fee shall he: Plumbing contractor's license $35.00 Master plumber registration 5.00 Journeyman plumber registration 5.00 Apprentice plumber registration 5.00 (Ord. No. 8038, S 1, 8-18-69; Ord. No. 8388, S 1, 11-25-74) Sec. 9-221. Deadline for renewal of licenses. No permit will be issued to any master or employing plumber after January thirty-first when the license has not been renewed. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-222. Certificates not transferable; misuse. Certificates of qualification or registration are not trans- ferable 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. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-223. Bond required. Every person engaging in or working at the business or trade of plumbing in the city as a master plumber or employ- ing plumber shall before so engaging, or entering upon any job of plumbing in the city, file with the city clerk a corporate surety bond in the principal sum of two thousand dollars ($2,000.00) to be approved by the city attorney as to form and surety, conditioned that the principal therein will save the city free and harmless from all liability for any injury to persons or property which the principal, his agents, servants, or employees may cause by l'e(l..son of engag- Supp. No. 19 356 e ~ 9-223 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-226 ing in the business of plumbing in the city, and further condi- tioned for a full compliance with the provisions of this article and the prosecution of such business. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-224. Dmation of bonds. All bonds in force at the time of completion of any plumb- ing work shall continue in force so far as such work is con- cerned, 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. (Ord. No. 8038, S 1, 8-18-69) e Se.c. 9-225. Insurance required. Every person engaging in or working at the business or trade of plumbing in the city, as a master plumber or employ- ing plumber shall, as a condition to the issuance of his license, procure and maintain in full force, for the duration of the license, bodily injury insurance in the minimum amount of three hundred thousand dollars ($300,000.00) per occurrence and property damage liability insurance in the minimum amount of one hundred thousand dollars ($100,000.00) per oc- currence. 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 authority is given ten (10) days written notice. (Ord. No. 8038, ~ 1, 8-18-69; Ord. No. 8470, ~ 1, 1-26-76) DIVISION 3. APPEALS Sec. 9-226. Board of appeals created, membership. The board of plumbing appeals shall consist of five (5) members. Two (2) members shall be qualified master plumb- ers, two (2) members shall be qualified journeyman plumbers, and one member shall be a licensed professional engineer in the State of Kansas to represent the public at lar!l:e. (Ord. No. 8038, 9 1, 8-18-69) Supp. No. 20 357 S 9-227 SALINA CODE ~ 9-282 Sec. 9-227. Administrative authority to be member and secre- tary of board. The administrative authority shall be an ex officio member and shall act as secretary to the board of appeals. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-228. Appointment of board, terms of office. The members of the board of appeals shall be appointed by the mayor with the consent of the city commission and the recommendations of the appropriate organizations. Members shall serve for two (2) years on each appointment or until their successors have been duly appointed. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-229. Quorum for board. Three (3) members of the board of appeals shall constitute a quorum. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-230. Board to determine appeals. The board of plumbing appeals shall act in making a correct determination of any appeal arising from the actions of the administrative authority. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-231. Records, reports of board. The board of appeals shall keep an accurate record of all their official transactions and render such reports and statistics as the department having jurisdiction may require and direct. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-232. Chairman of board; rules authorized. The board of appeals shall elect annually a chairman from the members who shall preside at all meetings. They shall adopt such rules and regulations as they see fit for the proper and efficient discharge of their official duties. (Ord. No. 8038, S 1, 8-18-69) Supp. No. 20 358 e e e ~ 9-233 BUILDINGS, STRUCTURAL APPURTENANCES ~9-234 Sec. 9-233. Procedures. Appeals shall be made within ten (10) calendar days from date of the inspector's decision. Decisions of the board shall be made within ten (10) calendar da.ys of receipt of appeal. Decisions of the board shall be in writing, in triplica.te, one copy for board's files. If a decision is not rendered by the board within ten (10) days, the appeal shall be deemed to have been denied. (Ord. No. 8038, S 1, 8-18-69) DIVISION 4. STANDARDS Sec. 9-234. Size of potable water piping. All water service pipes and connections in the city over, through or along any street, lane, avenue or alley, from the corporation cock on the water mains to the curb cock shall be of cast iron with approved fittings, or type "K" copper pipe. Flared, or silver soldered copper or brass fittings, shall be used in making such connections on copper pipe. In installations from the water main to the curb cock, the minimum size water service line shall be one (1) inch trade diameter for each premise to be serviced, and shall provide a minimum of a full %" water line to each consumer to be serviced therefrom. At the point of connection with the corporation cock, the copper pipe shall be bent in an "S" or other form to allow for movement of the pipe. All service pipes shall be laid at least three (3) feet below the surface and be so protected as to prevent rupture from freezing or damage from other causes. All joints and connections shall be of brass, screw type, flared or silver soldered copper fittings. Each service shall be furnished, at the curbline, with a "T" handle, inverted key, round way, brass curb cock or stop, or if service is two and one-half (2112) inches and larger, a one hundred twenty-five (125) pounds gate valve located not more than twelve (12) inches from the street curb may be used. Provided that the director of utilities of the city may direct or permit the curb cock to be placed in a different location where he deems Supp. No. 25 359 ~ 9-234 SALINA CODE ~ 9-237 it necessary or advisable. Provided further, that where more than one consumer is served through a single service pipe, a curb cock and stop box shall be provided for each branch of such service. The curb cock shall be protected by an ap- proved service box, the top of which shall be flush with the top of the ground or curbing and shall reach from the pipe to the surface. A stop and waste cock shall be placed inside of the foundation of the building to be used by the con- sumer 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 department of the city. On streets where paving has been or is ordered to be laid, old service pipes other than copper or cast iron shall be replaced at the expense of the property owner. When service pipes are laid only to the curb for ~uture use, the end of the pipe must be securely capped or plugged and a curb and service box installed. (Ord. No. 8038, ~1, 8-18-69) Sec. 9-235. Reserved. Editor's note-Section 9-235, requiring temperature and pressure re- lief valves on water heaters, was repealed by Ord. No. 8747, ~ 1, en- acted Sept. 10, 1979. Said section was derived from Ord. No. 8038, ~ 1, adopted Aug. 18, 1969. Sec. 9-236. Reserved. Sec. 9-237. Floor drains. A vent will not be required for a floor drain, shower, Or washer connection unless the floor drain, shower, or Supp. No. 25 360 e e . ~ 9-237 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-239.3 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. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-238. Sanitary tap tee. It is not the intention of the code to prohibit the use of a single hub sanitary tap tee as a drainage fitting. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-239. Trap installation. In exposed locations, slip joints will be permitted on brass tubular traps provided the traps are seventeen (17) gauge or heavier and installed with brass slip ring nuts. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-239.1. Back water valves. Back water valves shall be gate valves as defined in Sec- tion 210 of the Uniform Plumbing Code. Such valves shall re- main 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 access covers shall be bolted type with gasket and each valve shall bear the manufacturer's name cast into the body and cover. (Ord. No. 8125, ~ 1, 11-30-70) Amendment note-Ord. No. 8125, ~ 1, added ~ 9-239.1 to this Code. Sec. 9-239.2. 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. (Ord. No. 8126, ~ 1, 11-30-70) Sec. 9-239.3. Drainage below curb and also below main sewer level. Drainage piping serving fixtures that are located below the elevation of the curb or property line, at the point where the building sewer crosses under the curb or property line, and Supp. No. 16 361 ~ 9-239.3 SALINA CODE ~ 9-241 above the crown level of the main sewer, shall drain by gravity into the main sewer, and shall be protected 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 from fix- tures located below the elevation of the curb or property line. (Ord. No. 8127, ~ 1, 11-30-70) Article VIII. Gas Code* DmSION 1. GENERALLY Sec. 9-240. Interpretation of regulations, etc. For the purpose of this article regulations, terms, phrases, definitions, and their derivatives shall be interpreted as set forth in the Salina Plumbing Code. Permit fees, permit re- quirements and administration shall be as required under the Salina Plumbing Code. (Ord. No. 8038, ~ 1, 8-18-69) DmSION 2. GAS FITTERS Sec. 9-241. Certification required. It shall be unlawful for any person, firm or corporation 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 article. Pro- vided however, any person who holds a valid mobHe home craftsman license issued by the City of Salina, Kansas shall be exempt from the provisions of this section while per- forming those services provided for in Chapter 9, Article XIV. <Ord. No. 8038, ~ 1, 8-18-69; Ord. No. 8275, ~ 1, 2-5-73) -Editor's note-See editor's note to Art. VII, Ch. 9. Supp. No. 16 332 e e e ~ 9-242 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-246 Sec. 9-242. Application for certification. Any person wishing to receive a certificate of qualification as a gas fitter shall make application to the board of examin- ers on forms provided by the administrative authority. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-243. Fee to accompany application. At the time the person files the application for certification, he shall pay to the secretary of the board in the amount of: Master gas fitter --n---------------m-----------_____________________n___$5.00 Journeyman gas fitter --m----mn___nm__m__________nmm__n_____ 2.00 (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-244. Forfeiture of fee. Failure to appear for the examination when notified of the time and place will be cause to forfeit the fee. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-245. Examination required; nature. Each person filing an application for certification and pay- ing said fee as herein provided shall be given an examination by the board of gas fitters, 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 knowledge of gas piping, gas appliance installation, venting and ventilation. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-246. Issuance of certificate. After a person has successfully passed the examination for certification of qualifications, the board shall issue the certificate in his name. There is no fee for receiving the cer- tificate and the certificate is not revocable except as provided for elsewhere. (Ord. No. 8038, ~ 1,8-18-69) Supp. No. 16 362.1 e S 9-247 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-201 Sec. 9-247. Registration of certificate; fee. Each person who holds a certificate from the exammm~ board as having passed the necessary qualifications shaH register said certificate with the clerk of the city, after he has paid the following fee: Gas fitter contractor's license Master gas fitter registration Journeyman gas fitter registration (Ord. No. 8389, ~ 1,11-25-74) $135.00 15.00 5.00 Sec. 9-248. Issuance of license. After the applicant has paid the fee and registered 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. (Ord. No. 8038, ~ 1, 8-18-69) e Sec. 9-249. Expiration, renewal of license and certificate. Each license and certificate shall be renewed annually and said license and certificate shall expire on the thirty- first day of December regardless of when the license was secured. (Ord. No. 8038, ~ 1, 8-18-69) Sec. 9-250. 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: Gas fitter contractor's license umm~_~___m~~~m___m~m___ $35.00 Master gas fitter registration ____mnmm__nnm_______~_m 5.00 Journeyman gas fitter registration ______mnm_nnnm_~~ 5.00 (Ord. No. 8038, ~ 1, 8-18-69; Ord. No. 8389, ~ 1, 11-25-74) . Sec. 9-251. Renewals not subject to examination fee. A master plumber or journeyman plumber renewing a certificate and license shall be exempt from the application fee as provided in this code for gas fitters. (Ord. No. 8038, ~ 1, 8-18-69) Supp. No. 19 363 ~ 9-252 SALINA CODE ~ 9-254 Sec. 9-252. Current license prerequisite to permit. No permit will be issued to any master or journeyman gas fitter after January thirty-first of any year, for gas fitting work when the license has not been renewed. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-253. Bond and insurance required; exception. Sec. 9-253(1). Required. Any person, firm or corporation desiring to engage in the business of gas fitting or gas plumb- ing, with authority to dig in the street, alley, public grounds, or elsewhere in the city, before engaging in said business of gas fItting, shall file with the city clerk a satisfactory bond and such certificates of insurance as are required under sections 9-223 through 9-225. Sec. 9-253(2). Exception. 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 per- formance of duties, obligations or rights conferred upon such utility by said franchise. A utility company, corporation, or individual, supplying gas for either private or public con- sumption 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. (Ord. No. 8038, S 1, 8-18-69 ) Sec. 9-254. Extension of plumbing license, bond and insurance. Any employing plumber or plumbing contractor, master plumber or journeyman plumber who holds a valid certifi- cate of qualification and license under the provisions of the Salina Plumbing Code shall be exempt from securing a gas fitting license 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 plumbing. (Ord. No. 8038, S 1, 8-18-69) Supp. No. 19 364 e e e ~ 9-255 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-257 DIVISION 3. STANDARDS Sec. 9-255. Code and standard adopted. In order to protect the public health and safety of the city through the establishment of minimum regulations for the installation, alteration, repair and maintenance of gas piping and venting systems, the provisions of the Uniform Plumbing Code, 1967 Edition, published by the International Association of Plumbing and Mechanical Officials, are hereby incorporated by reference herein and adopted as the gas piping code of the city, except as modified by this article. For size of gas vents and vent connectors, Appendix D of American Standard Association Standard ASA Z-21.30-1964 is hereby incorporated by reference. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-256. Valve required in service line; who may open or close. The gas supplier shall install a gas valve in the service line, at or near its connection to the main and shall arrange and maintain that valve so that it is quickly and readily accessible and available for closing. No one, except an employee, or an authorized representative of the gas supplier, or an employee of the city, may open or close a gas valve on the supply side of a gas meter, except in an emergency. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-257. Meter locations. In general, all gas meters shall be placed in a manner as provided elsewhere in this code. Further, meters shall be placed in locations easily accessible for inspection, installation and removal. Meters shall not be placed in driveways, public passageways, halls, coal bins or other places where they are subject to damage, or in places where they are subject to excessive corrosion. Meters shall not be placed under steps, unventilated bulkheads or show windows or in any bedroom, bathroom or under a sink, over an electric or gas fixture or near any electrical apparatus. In no case shall the main sup- Supp. No.8 365 ~ 9-257 SALINA CODE ~ 9-262 ply shut off valve be further than ten feet (10') from the building unless approved by the administrative authority. All service piping shall enter the building above ground level. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-258. Unions. Ground-joint union may be used at exposed fixtures, ap- pliance or equipment connections and in exposed exterior locations immediately on the discharge side of a building shut off valve. Heavy duty flanged type unions may be used in special cases when first approved by the administra- tive authority. Bushings shall not be used in concealed loca- tions. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-259. Exception, locations for water heaters. An existing water heater located in a bathroom may be replaced by a heater equipped with an approved safety pilot and thermostat and connected to an approved vent outlet pipe in any such bathroom which has at least four hundred (400) cubic feet of air content with at least one window in one outside wall. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-260. Temperature and pressure relief valves. All water heaters shall be installed with a temperature and pressure relief valve. Said valve shall be installed and operate within the limits as specified for temperature and pressure relief valves in the Salina Plumbing Code. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-261. Responsibility for proper venting. Proper venting shall be the responsibility of the gas in- staller or fitter. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-262. Approved type vents required. Sec. 9-262(1). Each fuel burning appliance, except gas ranges and refrigerators, shall be connected to an approved vent. Supp. N". F 366 e e e ~ 9-262 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-265 Sec. 9-262(2). Listed appliances having sealed combustion chambers and which are so constructed and installed that all air for combustion is derived from outside the building and all vent gases are discharged to the outside atmosphere shall be considered as properly vented when installed in ac- cordance with their listing requirements and manufacturers instructions. Venting requirements as set forth in this article shall not apply. Vent terminals of sealed combustion chamber appliances shall be located not less than twelve (12) inches from any building opening. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-263. Vent flues. Sec. 9-263 (1). It shall be the responsibility of the installer of the main vent flue to predetermine the number and size of all gas burning appliances to be connected to said flue and to provide sufficient size to vent same according to code sizing chart. * Sec. 9-263(2). When gas burning appliances are replaced and vent connected to existing vent flues, the installer shall first determine the adequacy and condition of the main flue. If size or condition is questionable, it should be reported in writing to the owner and administrative authority and a determination by the latter given in writing to owner and installer. If questionable, the appliance shall not be installed until corrections are made by the owner. (Ord. No. 8038, S 1, 8-18-69) Sec. 9-264. Common vent. Nothing in this code shall preclude the use of a. common vent serving a combination of water heaters and other ap- proved vented fuel burning appliances not to exceed four (4) in number when using the same fuel. (Ord. No. 8038, S 1, 8-18-69 ) Sec. 9-265. Safety pilot. Safety pilot shut offs shall be installed on all water heaters and on any furnace or space heater used for house or business heating. (Ord. No. 8038, S 1, 8-18-69) *Cross reference-Requirements for chimneys. vents, connections, etc., Building Code, II 9-18. Supp. No.8 367 ~ 9-266 SALINA CODE ~ 9-326 Sec. 9-266. Swing joints. Underground threaded gas pipes emerging from the ground shall have a swing joint at the bottom of the riser. (Ord. No. 8038, S 1, 8-18-69) Sees. 9-267-9-323. Reserved. Article IX. Demolition, Removal or Relocation of Buildings~ Sec. 9-324. Compliance and permit required. No person, firm or corporation shall commence the re- moval, demolition or relocation of any structure or any portion thereof within the City of Salina without first making appli- cation and securing a permit from the building official. The provisions of this article shall also be applicable to the moving of a structure from without the city limits to property located within said city. (Ord. No. 8021, S 1, 5-5-69) Sec. 9-325. Application for permit required; fee to be de- posited. No permit as herein required shall be issued by the build- ing official until the applicant shall file an application and bond as hereinafter provided and shall deposit with the city clerk the fee prescribed by section 9-25. (Ord. No. 8021, S 1, 5-5-69 ) Sec. 9-326. Contents of application. The application for a permit as required by this section shall set forth the following: (1) Name and address of applicant. (2) Two photographs of the structure proposed to be moved and located on property within the city. .. Amendment note-Ord. No. 8021, enacted May 5, 1969. repealed former Article IX, ~~ 9-324 through 9-325. derived from Code 1960. ~~ 8-1001-8-1008, pertaining to moving dwellings, and enacted new Article IX, ~~ 9-324-9-329, as herein set out. Former sections 9-330-9-335 have been reserved and added to reserved sections 9-336-9-345. Cross reference--Moving building's on streets regulated, ~ 32-70 et seq. Supp_ No. R 368 e S 9-326 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-327 (3) Legal description of property upon which the structure is now located and where the structure is to be re- located. (4) Plans and specificatinos 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 description of the safe- guards to be employed for protection of persons or property. (6) Time of commencement of work and estimated time of completion. (Ord. No. 8021, ~ 1, 5-5-69) e Sec. 9-327. Issuance (,f permit. Upon the filing of the application and bond required in section 9-329 and the payment of the fees as prescribed by section 9-25, the building official may issue a permit to said applicant if he finds that said applications, in all respects, complies with the provisions of this article and other appli- cable provisions of the Salina Code. The building official shall specify in the permit the time granted by him for com- pletion of all work required to be done thereunder. For good cause shown, the building official may once extend the period of time granted by the permit for completion of the e Supp. No.8 369 [The next page is 415] e e e ~ 9-327 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-329 work for a period not to exceed fifty percent (50%) of the time granted under the original permit. Further extension of time may only be granted upon proper application to the board of com~issioners. The permit may be issued subject to such restrictions as may be necessary to insure compliance with the ordinance. (Ord. No. 8021, ~ 1, 5-5-69) Sec. 9-328. Duties required of permittee. It is hereby made the duty of all applicants to whom a permit has been issued or granted by the city to: (1) complete the work of moving, tearing down, or dismantling within the time specified in the permit; (2) on building moved to property within the city, to complete the building in accordance with plans and specifications and city building codes within time specified in the permit; (3) clear from the premises left vacant by such removal or demolition all trash, debris, junk and discarded building material; (4) removal of all foundation and slab floors at least one foot below ground level, unless another building or other structure is to be re-erected immediately upon said foundation as specified in the application for the permit; (5) fill all open wells, cisterns, cellars, basements or other excavations remaining on said lot, unless the same are to be used immediately with another structure to be erected thereon; (6) at all times keep the premises in a safe condition in order to avoid creating a fire hazard or any menace to the public health or safety of the general public. (Ord. No. 8021, ~ 1, 5-5-69) Sec. 9-329. Bond required. The applicant for a permit under this article shall file with the application a surety bond duly signed by a corporate surety authorized to do business in the State of Kansas, or cash, in the sum of one thousand dollars ($1,000.00) to guarantee that said applicant will comply with the provisions of his permit and this article. In the event that the building official determines that the reasonable cost of restoring the premises to the conditions provided for in this article are in excess of one thousand dollars ($1,000.00), then Supp. No. 26, Revision 415 ~ 9-329 SALINA CODE ~ 9-348 said bond shall be increased to said amount. If the applicant fails, neglects or refuses to comply with all of the provisions of this article or any condition as specified in his application or permit, then the building official may proceed forthwith, to put said premises in the condition provided for in this article or in said permit. The actual cost incurred by the city to make the premises comply with the ordinance and the conditions specified in the permit, may, at the option of the city, either (1) be taxed against said property and a levy therefor be certified and collected in the same manner as special assessments, or (2) be payable from the bond filed by the applicant with the city clerk. (Ord. No. 8021, ~ 1, 5-5-69) Sees. 9-330-9-345. Reserved. ARTICLE X. FENCES, WALLS AND HEDGES* Sec. 9-346. Permit required; fee. No person shall install any fence or wall without first hav- ing procured a written permit therefor from the building inspector. The city clerk shall charge a fee of three dollars ($3.00) for the issuance of such permit. (Code 1960, ~ 8-1103; Ord. No. 8413, ~ 1, 1-6-75) Cross reference-Fee for permits when not obtained in time, ~ 1-11. Sec. 9-347. 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 inconvenience in any other manner. (Code 1960, ~ 8-1101) Sec. 9-348. Electric fences prohibited. No electrically charged fence shall be erected or maintained. (Code 1960, ~ 8-1101) .Cross reference-For trees and shrubs, see Ch. 33. Supp. No. 26, Revision 416 e e . S 9-349 BUILDINGS AND STRUCTURAL APPURTENANCES I 9-862 Sec. 9-349. Erecting, maintaining on public property. No privately owned fence, wall or hedge shall be erected or maintained on any public property. (Code 1960, ~ 8-1101) Sec. 9-350. 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 said city to be or become more than three (3) feet in height or to permit or allow the same to extend into said streets or alleys more than one foot. (Code 1960, ~ 26- 1301) Sec. 9-351. Fences classified. For the purposes of this article, fences are hereby classified into the following types: Sec. 9-351 (1). Class 1. Masonry walls; Sec. 9-351 (2). Class 2. Ornamental iron; Sec. 9-351 (9). Class 9. Woven wire or chain link; Sec. 9-351(4). Class 4. Wood picket (more than fifty per cent (50ro) open); Sec. 9-915(5). Class 5. Solid fences (wood or metal less than fifty per cent (50 %) open). (Code 1960, ~ 8- 1102) Sec. 9-352. Requirements for fences, hedges enclosing dwell- ing plots. In any location zoned residential, fences shall conform to the following requirements: Sec. 9-352(1). Front yard fences and hedges erected in front of the required front yard building line (see zon- ing ordinance) shall be of any class, and shall not ex- ceed 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 adjoining lot shall conform to the requirements for front yard fences and Supp. No. 26, Revision 417 A 9-352 SALINA CODE ~ 9-352 hedges for such part of the fence or hedge as abuts the adjoining front yard. Sec. 9-352(J)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. Said fence shall not be erected in violation of section 36-505 of the Salina Code (Obstructing visibility at intersections). However, when said 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 inspection department only if a written protest is not received within seven (7) days from the adjacent affected property owner. Said protest period shall commence from the date of receipt of a certified notice of intent from the building inspection depart- ment. Sec. 9-352(2). Side yard fences erected back of the re- quired 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. Sec. 9-352(3). Rear yard fences and hedges erected along the rear property line may be of any class and height, except as provided by section 9-352(1) hereof. Sec. 9-352(4). Prohibited fences. No barbed wire or other sharp pointed fence shall be erected or maintained un- less specifically permitted by other ordinances. Sec. 9-352(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. Sec. 9-352(6). Retaining walls shall be adequately designed and drained so as to resist all lateral pressure to which they may be subject. Retaining walls shall not be erect- Supp. No. 26, Revision 418 e e e i 9-352 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-352 ed in any front yard when, in the opinion of the build- ing official, such retaining wall would be unsightly or detrimental to adjoining property. Nor shall such walls be built higher than the grade of the ground on the high side of the wall when such would exceed the height allowed for a Class 1 fence, which height is measured from the low side of the wall. Sec. 9-352(7). Variations. When, in the judgment of the board of appeals, the public health, safety and welfare will be substantially served, the neighborhood property will not be materially damaged, and a certified copy of a written agreement between neighboring property owners has been filed with the board of appeals, it may, at its discretion vary the requirements herein; pro- vided, that no violation of Article IV of Chapter 32 may be permitted. (Code 1960, ~ 8-1102; Ord. No. 7018, ~ 1, 11-6-67; Ord. No. 8104, i 1, 9-14-70; Ord. No. 80-8767, i 1,1-7-80; Ord. No. 80-8768, i 1,1-7-80) Supp. No. 26, Revision 418.1 e e e S 9-353 BUILDINGS AND STRUCTURAL APPURTENANCES ~ 9-367 Sec. 9-353. 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 1960, 9 23-1137) Sec. 9-354. 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 building set back spaces (see zoning ordinance), they shall be governed by the requirements as set forth in the section for fences enclosing residential plots. Barbed wire or similar materials may be used at a height of not less than seven (7) feet above grade, unless otherwise provided by other ordinances. (Code 1960, 9 8-1102) Sec. 9.355. Maintenance of fences. Fences shall be kept in repair and any dilapidated, danger- ous or unsightly fence shall be removed or repaired when so ordered by the building offical. (Code 1960, 9 8-1102) Sec. 9-356. 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 1960, 9 8-1101) Sees. 9-357-9-366. Reserved. Article XI. Sandblasting Sec. 9-367. Definitions. The following words and phrases, whenever used in this article, shall be construed as hereinafter defined: Supp. No. 11 419 ~ 9-367 SALINA CODE ~ 9-367 Sec. 9-367(1). Sandblasting shall mean the use of air, steam or water containing sand to clean, grind or cut hard surfaces. Sec. 9-367(2). Dry sandblasting shall mean the propulsion of dry sand by air pressure. Supp. No. 11 420 e e . ~ 9-367 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-372 Sec. !J-367(.7). Wet .<;alldlJlastinfl shall mean the propulsion of wet sand by air pressure precluding the creation of dust and dry debris. Sec. .1J-J67U). Pe/'mit shall mean a permit to sandblast the outside of :1 building. (Code 1960, ~ 8-1201) Sec. 9-368. Permit required; fee. No person shall do any sandblasting on the outside of any building without first obtaining a permit so to do from the building inspector. A permit shall be obtained for each build- ing sandblasted. The fee for any sandblasting permit shall be ten dollars ($10.00). (Code 1960, ~ 8-1202; Ord. No. 8414, ~ 1,1-6-75) Sec. 9-369. Reserved. Editor's note-Ord. No. 8414, ~2, adopted Jan. 6, 1975, repaled ~ 9-369 specifying the fees for sandblasting permits. Said section was derived from Code 1960, ~ 8-1203. Sec. 9-370. Application for permit. Each application for a permit shall state the location of the job, the portion of the building to be sandblasted and the length of time it is estimated to complete the work. (Code 1960, ~ 8-1204) Sec. 9-371. Issuance of permit. 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 advisable to use wet sandblasting or whether dry sandblasting may be used and whether the precautions hereafter prescribed should be taken and issue a permit in accordance therewith. (Code 1960, ~ 8-1205) Sec. 9-372. Precautions required. Sec. 9-372(1). Wet sandblasting. If wet sandblasting is required by the permit, the permittee shall use a canvas or Supp. No. 19 421 ~ 9-372 SALINA CODE ~ 9-384 other shield to keep the sand from splattering upon or against the property of others except by their consent. Sec. 9-372(2). Dry IWlldIJlastin{/. If dry sandblasting is permitted, 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, ve- hicles using the streets in the vicinity of the operation, and vehicles, implements or other things kept or stored on ad- jacent property. Sec. !J-372 ( J). Waiver. If the building official believes that the side of the building is where the operation will not be detrimental or injurious to the property of others, he may permit the operation without the precautions herein specified. (Code 1960, ~ 8-]206) Sec. 9-373. Authority to stop work. If after sandblasting is begun, the building official finds that the precaution being taken is not sufficient, he shall have power to order the stoppage of work until sufficient pre- caution is pnwided and used. (Code ]960, ~ 8-]207) Sees. 9-374-9-3S3. Reserved. ARTICLE XII. ELEVATORS AND ELEVATOR INSTALLA TION* Sec. 9-384. Definitions. The words and phrases used in this article shall, for the purpose of this article, be construed as follows: Sec. 9-384(1). The word persoll shall be construed and held to be any person or persons, partnership, corporation or any officer, agent. employee or servant of any cor- poration, or any other person or combination of per- sons, either natural or artificial. by whatever name he or they be called. *Editor's note-Ord. No. 7035, ~~ I-11J being non amendatory of this Code, has been codified as Art. XII, ~~ 9-384-9-394, at the discretion of the editor. Supp. No. 19 422 e e e ~ 9-384 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-387 Sec. 9-384(2). The word administrative authority when- ever used herein shall mean the building inspection de- partment, or any employee thereof, who shall be legally charged with the duty of administering this code, granting permits and making electrical, mechanical and structural inspection of all elevators installed within the city. Sec. 9-384 (3). The word elevator whenever used herein shall mean any passenger elevator, freight elevator, dumbwaiter, escalator or moving walk installed in the City of Salina, Kansas. (Ord. No. 7035, ~ 1, 1-8-68) Se.c. 9-385. Enforcement of article. It shall be the duty of the administrative authority to en- force the provisions of this article or any ordinance which may hereafter be adopted concerning the installation of elevators. (Ord. No. 7035, ~ 10, 1-8-68) Sec. 9-386. Penalty for violation of article. Any person found guilty of violating any of the provisions of this article or neglecting or refusing to comply with any order or notices of the administrative authority made pursu- ant to the provisions of this article shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to a fine of not to exceed five hundred dollars ($500.00) or by im- prisonment not to exceed thirty (30) days or by both such fine and imprisonment for each such offense. (Ord. No. 7035, ~ 11, 1-8-68) Sec. 9-387. Elevator contractors license; insurance; bond. It shall be unlawful for any person to engage in the instal- lation of elevators within the City of Salina without 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 elevators. The annual fee for such license shall be one hundred thirty-five dollars ($135.00) for the first year and thirty-five Supp. No. 20 423 ~ 9-387 SALINA CODE ~ 9-388 ',dollars ($35.00) for each consecutive year thereafter. It shall also be required of an applicant for an elevator contractors license, as the conditions to the issuance thereof, that it shall: (a) Pass such examination as to his qualifications as the administrative authority shall direct; (b) Procure and maintain in full force for the duration of the license, bodily injury insurance in the minimum amount of three hundred thousand dollars ($300,000.00) per occurrence and property damage liability insurance in the minimum amount of one hundred thousand dol- lars ($100,000.00) per occurrence. 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 cancelled or reduced, restricted or limited, unless the administrative authority is given ten (10) days written notice; (c) Execute a good and sufficient surety bond in the sum of two thousand dollars ($2,000.00) the same to be ap- proved by the board of commissioners 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 aris- ing from his faulty work or neglect of duty in the pro- tection of the public. (Ord. No. 7035, ~ 2, 1-8-68; Ord. No. 8390, ~ 1, 11-25-74; Ord. No. 8471, ~ 1, 1-26-76) Sec. 9-388. Permits and fees. No person shall install an elevator or replace a major por- tion of any existing elevator without first obtaining an eleva- tor installation permit from the administrative authority. The contractor of the apparatus shall submit an application for such permit accompanied by plans and specifications in such form as the administrative authority shall prescribe. When such plans and specifications indicate conformity with this article, the administrative authority shall issue an elevator in- stallation permit. Supp. No. 20 424 ~ 9-388 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-391 e Sec. 9-388(1). The fee for such permit shall be thirteen dollars and thirty-five cents ($13.35) plus one dollar and thirty-five cents ($1.35) per one thousand dollars ($1,000.00) of overall elevator construction costs and shall include inspection fees. Sec. 9-888(2). No permit shall be required for repairs and replacements normally necessary for maintenance. (Ord. No. 7035, ~ 3, 1-8-68; Ord. No. 8415, 9 1, 1-6-75) Sec. 9-389. Elevator safety code. Installation of all elevators shall be made in accordance with the current edition of the American Standard Safety Code of Elevators, Dumbwaiters, Escalators and Moving Walks, A.S.A.-A17.1-1971 which is incorporated herein by reference and is made a part of this article. In addition to the above all electrical wiring will meet the requirements of the electrical code of the City of Salina. (Ord. No. 7035, ~ 4, 1-8-68; Ord. No. 8748, ~ 1, 9-10-79) e Sec. 9-390. Division of electrical wiring requirements. On new installations and major repairs of elevators, etc., elevator contractors, licensed by the City of Salina, shall in- stall only electrical work on the elevator side of the feed wire connection to the controller, including the control board, eleva- tor motors, signals and lights, and to do all other wiring re- quired for the control and operation of the elevators. Electri- cal contractors, licensed by the City of Salina, shall bring the power feeders to the terminals of the elevator, etc., control panels through disconnect switches or circuit breakers and will also bring the lighting circuit to midpoint of the hatch. Repair or maintenance of elevators may be performed by electrical contractors, licensed by the City of Salina. (Ord. No. 7035, 9 5, 1-8-68) Sec. 9-391. Inspection. The administrative authority or any person designated by him shall make, or cause to have made, an inspection of the Supp. No. 25 e 425 ~ 9-391 SALINA CODE ~9-400 installation, construction, repair, 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 sec- tion and no such elevator shall be used until inspected and ap- proved and until a certificate shall have been issued for the same by the administrative authority. (Ord. No. 7035, ~ 6, 1-8-68) Sec. 9-392. Licenses issued by other cities of equal population. An elevator contractor's license issued by another city of a population of 30,000 or more may, if currently effective in that city, be honored by the City of Salina for the purpose of waiving an examination, but does not and will not change any other provisions for obtaining a license, including the fee. (Ord. No. 7035, ~ 7, 1-8-68) Sec. 9-393. Revocation of license. Any elevator contractor's license may be suspended for a definite length of time or revoked outright by the administra- tive authority for good and sufficient cause. This action is subject to written appeal which shall be registered with the city commission within fifteen (15) days. Said appeal shall receive a ruling within fifteen (15) days after submission. (Ord. No. 7035, ~ 8, 1-8-68) Sec. 9-394. Release of responsibility. This article shall not be construed to relieve or lessen the responsibility of any person installing, operating or control- ling 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 article. (Ord. No. 7035, ~ 9, 1-8-68) Sees. 9-395-9-400. Reserved. Supp. No. 25 426 e ~ 9-401 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-411 ARTICLE XIII. SCREENING STANDARDS Sees. 9-401, 9-402. Reserved. Editor's note-Ord. No. 8553, ~ 1, adopted March 28, 1977, repealed ~~ 9-401, 9-402, and 9-404, relative to screening standards for District EE and standards for exterior lighting in Districts EE and FF. Said sections were derived from Ord. No. 8182, ~ 1, adopted Nov. 1, 1971. e Sec. 9-403. Standard for planted screens. The building official of the City of Salina shall at all times keep on file in his office a suggested list of planting materials and spacing requirements for various types of plants which may be used as planting for screening. Any planted screens which conform to said suggested list shall be deemed to comply with the requirements of this article. The suggested planting list shall be prepared by the building official subject to the approval of the planning commission of the City of Salina, Kansas, and may be amended from time to time. (Ord. No. 8182, ~ 1, 11-1-71) Sec. 9-404. Reserved. Note-See the editor's note at ~ 9-401. Sees. 9-405-9-410. Reserved. ARTICLE XIV. MOBILE HOME CONTRACTORS AND CRAFTSMEN* Sec. 9-411. License required. It shall be unlawful for any person, partnership, firm, association or corporation to engage in the business of electri- cal, mechanical or plumbing contracting in or on mobile homes without first having secured a mobile home contractor license. .Editor's note-Ord. No. 8466, ~ I, enacted Dec. 22, 1975, amended Art. XIV to read as set out in ~~ 9-411-9-433. Formerly Art. XIV, relative to mobile home craftsmen, was derived from Ord. No. 8272, ~ 1, adopted Jan. 15, 1973. Supp. No. 22 427 e ~ 9-411 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-412 e 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 electrical equipment, appliances and devices, air conditioning, heating equipment, or plumbing in or on a mobile home within the City of Salina without first having secured a master mobile home craftsman license and be in the employ of a licensed mobile home contractor. The following exceptions shall be allowed: (a) 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 license mobile home contractor, and he is under the supervision or direction of a licensed master mobile home craftsman. (b) 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 electrician, plumber, or gas fitter from performing the services for which he is licensed under the Salina Code in or on a mobile home. (Ord. No. 8466, ~ 1, 12-22-75) Sec. 9-412. License application for craftsman; examination; fees generally; expiration of licenses. Applications for examination for a master mobile home craftsman license, a journeyman mobile home craftsman li- cense, or an apprentice mobile home craftsman license shall be made to the city clerk upon a form to be provided by said clerk, and referred to the mobile home craftsman board of examiners. The board shall examine the applicant, shall con- sider his experience, training and other qualifications, and if found satisfactory, it shall authorize the city clerk to issue the license for which application was made. The minimum qualifications shall be the same as are hereinafter set out. At least one-half (lh) of the examination shall be written. e Supp. No. 20 429 ~ 9-412 SALINA CODE ~ 9-413 (a) The annual fee for a mobile home contractors license shall be one hundred thirty-five dollars ($135.00) for the first year and thirty-five dollars ($35.00) for any annual renewal thereof. (b) The fee for an examination for a master mobile home craftsman license shall be five dollars ($5.00). The fee shall be paid to the city clerk when the application for examination is made. The annual fee for a master mobile home crafstman license shall be fifteen dollars ($15.00) for the first year and five dollars ($5.00) for any annual renewal thereof. (c) The fee for an examination for a journeyman mobile home craftsman license shall be five dollars ($5.00). The fee shall be paid to the city clerk when the ap- plication for examination is made. The annual fee for the journeyman mobile home craftsman license shall be ten dollars ($10.00) for the first year and five dollars $5.00) for any annual renewal thereof. (d) The fee for an examination for an apprentice mobile home craftsman license shall be five dollars ($5.00). The fee shall be paid to the city clerk when the appli- cation for examination is made. The annual fee for an apprentice mobile home craftsman. license shall be five dollars ($5.00) for the first year and five dollars ($5.00) for any annual renewal thereof. Such licenses shall expire on the 31st day of December of each year. No license fee shall be prorated, except as provided for in section 20-9 of the Salina Code. Any licensee who fails to renew the same within sixty (60) days from the date of expiration may be required to take a new examination and pay an examination fee before receiving a new license. (Ord. No. 8466, S 1, 12-22-75) Sec. 9-413. Mobile. home contractors license application. Applications for a mobile home contractors license shall be made to the city clerk upon a form to be provided by said clerk and referred to the mobile home craftsman board of examiners. Supp. No. 20 430 e e e ~ 9-413 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-414 The board shall examine the applications and if found satis- factory, it shall authorize the city clerk to issue the license for which the application was made. (Ord. No. 8466, ~ 1, 12-22-75) Sec. 9-414. Craftsman classes established. There are hereby established the following classes of mobile home craftsmen: Sec. 9-414(1). Master mobile home craftsman. A master mobile 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 alteration to mobile homes. Graduation from an ap- proved trade school or a combination of training and experience may qualify an individual to take an exami- nation for a license. Sec. 9-414(2). Journeyman mobile home craftsman. A jour- neyman mobile home craftsman is any person earning his livelihood as a mobile home craftsman, but who has not acquired the necessary longevity of experience to qualify as a master mobile home craftsman, but shall certify at least three (3) years of practic~l experience in the field of mobile home repair. Such experience shall include plumbing, gas, electrical, mechanical and struc- tural installation, repair or alteration to mobile homes. Graduation from an approved trade school or a com- bination of training and experience may qualify an individual to take an examination for a license. See 9-414(3). Apprentice mobile Iwme craftsman An ap- prentice mobile home craftsman is any person earning his livelihood as a mobile home craftsman, but who has not acquired the necessary longevity or experience to qualify as a journeyman mobile home craftsman. Except by special written permission and consent issued by the mobile home craftsman board of examiners, he shall not work except under the immediate super- vision and direction and in the presence of a licensed Supp. No. 20 431 fi 9-414 SALINA CODE ~ 9-417 master mobile home craftsman, properly licensed by the city. No person who has had his license revoked for cause shall be allowed to work as an apprentice mobile home craftsman without the express consent of the mobile home craftsman board of examiners. A person shall be qualified to take an examination for a license if he is in the employ of a master mobile home crafts- man. (Ord. No. 8466, ~ 1, 12-22-75) See. 9-415. Mobile home craftsman board of examiners created; membership. There is hereby created a mobile home craftsman board of examiners to consist of three (3) persons, one of whom will be appointed by the mayor with the approval of the board of commissioners to pass upon the qualifications, as elsewhere set forth in this article, of all persons engaged in the repair, instal- lation or alteration of mobile homes or their components. The membership of a board shall consist of the city plumbing and gas inspector, the city electrical inspector, and a licensed master mobile home craftsman. Members shall be appointed for a term of one year. (Ord. No. 8466, ~ 1, 12-22-75) See. 9-416. Board to hold meetings meetings. It shall be the duty of the members of the mobile home craftsman board of examiners, under such rules and regulations as they shall prescribe, to hold meetings as necessary, on days to be announced by the mobile home craftsman board of examiners, for the purpose of passing upon the qualifications of parties desiring licenses to perform the duties of mobile home craftsman. (Ord. No. 8466, ~ :1, 12-22-75) See. 9-417. Board to conduct examinations; scope. It shall be the duty of the mobile home craftsman board of examiners to conduct examinations of applicants for mobile home craftsman licenses. Examinations shall consist of ques- tions, 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 Supp. No. 20 432 - e e ~ 9-417 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-420 practical experience in this type of work which the applicant has had, and the degree of proficiency he 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 Ph) of said examination shall be written. (Ord. No. 8466, ~ 1, 12-22-75) See. 9-418. Issuance of license. After certification by the mobile home craftsman board of examiners, licenses may be issued by the city clerk. Upon issuance of said license, the holder thereof shall be authorized to perform repairs to mobile homes including, without limita- tion, mechanical and structural repairs and to make instal- lations, alterations and repairs to the electrical, plumbing and gas systems located within the mobile home and to make the normal exterior connections to existing mobile home park sys- tems, if the connection may be made at the mobile home space. The holder of this license shall not be authorized to install or repair any part of the mobile home park electrical, plumbing or gas systems. (Ord. No. 8466, ~ 1, 12-22-75) Sec. 9-419. Suspension of craftsman or revocation of license. Any mobile home craftsman may be suspended for a definite length of time, or have his license revoked outright by the mo- bile home craftsman board of examiners 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 mobile home craftsman board of examiners within ten (10) days after the decision has been rendered. Any and all such appeals arising from such rulings of the mobile home craftsman board of examiners shall be expedited and completed not later than thirty (30) days after an appeal has been filed with the mobile home craftsman board of examiners. (Ord. No. 8466, ~ 1, 12-22-75) See. 9-420. Permit. required. No mobile home contractor or craftsman shall perform any installation or repair to any mobile home without first Supp. No. 20 433 ~ 9-420 SALINA CODE ~ 9-425 obtaining a permit from the building inspection department. (Ord. No. 8466, ~ 1, 12-22-75) Sec. 9-421. 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 applicances requires a permit in every case. Any direct connection to the gas, water, or electrical supply lines will require a permit in every case. (Ord. No. 8466, ~ I, 12-22-75) Sec. 9-422. Record of permits required. A complete record shall be kept by the inspection department of all permits issued. (Ord. No. 8466, ~ 1, 12-22-75) Sec. 9-423. Permit fee established. The permit fee for the moving in and connection to the gas, water or electrical mains for mobile homes shall be three dollars ($3.00). For permits covered under the electrical or plumbing section of this code established fee schedule will apply. (Ord. No. 8466, ~ 1,12-22-75) Sec. 9-424. Payment of fee; failure to pay. All permit fees shall be due and payable to the city clerk, not later than the tenth of the month following the month in which the permit was issued. Failure of any mobile home contractor or craftsman to remit payment of permit fees by the specified date will be a violation of this Article, and shall constitute sufficient grounds for revocation of the mobile home contractor or craftsman license. (Ord. No. 8466, ~ I, 12-22-75) Sec. 9-425. Inspection department to inspect. It shall be the duty of the building inspection department to inspect, or cause to be inspected, any work for which permits are required by this code. (Ord. No. 8466, ~ I, 12-22-75) Supp. No. 20 434 e e e ~ 9-426 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-430 Sec. 9-426. Inspection, approval required. Any work performed under this code will require inspection and approval by the inspection department. (Ord. No. 8466, ~ 1, 12-22-75) Sec. 9-427. Concealing work before inspection. No mobile home craftsman shall conceal, or cause to be con- cealed, work performed under this code prior to inspection and approval. (Ord. No. 8466, S 1, 12-22-75) Sec. 9-428. Certificate of approval required before setting meters or connection. Prior to supplying electrical current, gas, or water to a newly parked mobile home or a mobile home which has been tem- porarily disconnected therefrom, a certificate of approval must be issued by the building inspection department. (Ord. No. 8466, S 1, 12-22-75) Sec. 9-429. Issuance required. It shall be required of the holder of a mobile home con- tractors license, as a condition thereof, that he procure and maintain in full force for the duration of the license, bodily injury and liability insurance for the minimum amount of three hundred thousand dollars ($300,000.00) limit per acci- dent, as well as property damage liability insurance in the minimum amount of one hundred thousand dollars ($100,- 000.00) per accident. Proof of coverage shall be approved by the city attorney. (Ord. No. 8466, S 1, 12-22-75) Sec. 9-430. Bond required. Before any person, firm, partnership, association or corpo- ration shall be granted a mobile home contractor's license, said mobile home contractor 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 performance of work done by him, upon Supp. No. 20 435 ~ 9-430 SALINA CODE ~ 9-439 any mobile home in the city, 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. (Ord. No. 8466, ~ 1, 12-22-75) Sec. 9-431. Contractor required to employ master mobile home craftsman. I t shall be required of the holder of a mobile home con- tractor'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. (Ord. No. 8466, ~ 1, 12-22-75) Sec. 9-432. Calls for inspection. Only mobile home contractors or master mobile home craftsman shall be allowed to contact the inspection department and request inspection and approval of any work done under this code. (Ord. No. 8466, ~ 1,12-22-75) Sec. 9-433. Nonresident mobile home craftsman. A nonresident mobile home craftsman is a person holding a valid license for other than the City of Salina. Such crafts- man shall be honored provided 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 provided that the issuing city shall conduct examinations to determine the qualifications of its licensee. Such qualifications shall be parallel with those of the City of Salina. Any decision as to doubtful qualifications of a licensee shall be determined by the mobile home craftsman board of examiners. Nothing in this section shall exempt the nonresident mobile home craftsman from obtaining the proper licenses or permits from the City of Salina. (Ord. No. 8466, ~ 1, 12-22-75) Sees. 9-434-9-439. Reserved. Supp. No. 20 436 e ~ 9-440 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-441 ARTICLE XV. MECHANICAL CODE e Sec. 9-440. Uniform Mechanical Code adopted. There is hereby adopted, by reference, by the city for the purpose of providing minimum standards 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 systems, incinerators and other miscellaneous heat-producing appliances, that certain mechanical code known as the Uniform Mechanical Code, recommended and published by the International Conference of Building Officials, being particularly the 1979 Edition thereof, and the whole thereof, 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 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 of the city. (Ord. No. 8329, ~ 1, 1-7-74; Ord. No. 8534, ~ 1,1-3-77; Ord. No. 8749, ~ 1, 9-10-79) Sec. 9-440.1. Amendment of Chapter 3, Table 3A, of the Uni- form Mechanical Code. Chapter 3, Table 3A of the Uniform Mechanical Code is hereby amended by deleting item 6. (Ord. No. 8754, ~ 1, 10- 1-79) Sec. 9-441. Mechanical contractor's license established. There are hereby established two (2) classes of license for those engaged in the mechanical contracting business. Sec. 9-441 (1). Class A mechanical contractor shall be li- censed to do all work regulated by the mechanical code. Sec. 9-441 (2). Class B mechanical contractor shall be li- censed to install or construct only fireplaces, wood burn- ing stoves and furnaces or other similar solid fuel burn- ing appliances. (Ord. No. 8755, ~ 1, 10-1-79) Supp. No. 25 e 437 ~..9-442 SALINA CODE ~9-446 Sec. 9-442. License required. Sec. 9-442(1). It shall be unlawful for any person, firm, partnership, association, or corporation to engage in the busi- ness of mechanical contracting without first having secured a mechanical contractor's license. Sec. 9'-4.4.2(2). A homeowner who is presently occupying the home shall not be required to obtain a license to install equip- ment regulated by this code. (Ord. No. 8755, ~ 1, 10-1-79) Sec. 9-443. License fee. The license shall be issued by the city clerk and the appli- cant shall pay the following fee: Mechanical contractor's license (new application) ____$135.0.0 Mechanical contractor's license (renewal) ________ ______ 35.00 (Ord. No. 8755, S 1, 10-1-79) Sec. 9-444. Mechanical contractor's license application. Applications for a mechanical contractor's license shall be made to the city clerk on a form to be provided by said clerk. (Ord. No. 8755, ~ 1, 10-1-79) Sec. 9-445. Permit required. Sec. 9-445(1). No mechanical contractor shall perform any work regulated by the Uniform Mechanical Code without first obtaining a permit from the department of permits and in- spections. Sec. 9-445(2). An owner/occupant of a single-family dwell- ing may install equipment regulated by this code. A permit shall be obtained prior to commencing such work. (Ord. No. 8755, S 1, 10-1-79) Sec. 9-446. Record of permits required. Sec. 9-446(1). A complete record of the permits issued shall be kept by the department of permits and inspections. supp. No. 25 438 e . S 9-446 BUILDINGS, STRUCTURAL APPURTENANCES . ~ 9-449.1 Sec. 9-446(2). Sales of equipment regulated by this code, directly to consumers shall be recorded and reported to the de- partment of permits and inspections on form provided by the department. This requirement is due to the hazards involved in the improper installation of such equipment. Sec. 9-446(3). Consumers purchasing equipment shall be ad- vised by the seller of requirements for permits and inspec- tions. (Ord. No. 8755, ~ 1, 10-1-79) Sec. 9-447. Department of permits and inspections to inspect. It shall be the duty of the department of permits and in- spections to inspect, or cause to be inspected, any work for which permits are required by this code. (Ord. No. 8755, ~ 1, 10-1-79) e Sec. 9-448. Inspection and approval required. Any work performed under this code will require inspection and approval by the department of permits and inspections. (Ord. No. 8755, ~ 1, 10-1-79) Sec. 9-449. Concealing work before inspection. No mechanical contractor shall conceal, or cause to be con- cealed, work performed under this code prior to inspection and approval. (Ord. No. 8755, ~ 1, 10-1-79) Sec. 9-449.1. Insurance required. It shall be required of the holder of a mechanical contrac- tor's license, as a condition thereof, that he procure and main- tain in full force and effect for the duration of the license, bodily injury and liability insurance for the minimum amount of three hundred thousand dollars ($300,000.00) limit per oc- currence, as well as property damage liability insurance in the minimum amount of one hundred thousand dollars ($100,000.- 00) per occurrence. Proof of coverage shall be approved by the city attorney. (Ord. No. 8755, ~ 1, 10-1-79) Supp. No. 25 e 439 ~ 9-449.2 SALINA CODE ~. 9-450 Sec. 9-449.2. Bond required. Before any person, firm, association, partnership, or cor- poration shall be granted a mechanical contractor's license, said contractor shall execute 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 ac- count of any damages arising from the faulty work or neglect of duty in the protection of the public. (Ord. No. 8755, ~ 1, 10-1-79) Sec. 9-449.3. Exemptions from new contractor fee. Persons, firms, associations, partnerships, corporations, doing business as a bona fide mechanical contractor on the effective date of this section [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 9-443. Further, the same shall apply to currently licensed electrical, plumbing and gas fitters 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 me- chanical contractor's license, and providing the proper insur- ance and bond as set forth in sections 9-442, 9-449.1 and 9-449.2. (Ord. No. 8755, ~ 1, 10-1-79) ARTICLE XVI. ONE AND TWO F AMIL Y DWELLING CODE Sec. 9-450. One and Two Family Dwelling Code adopted. There is hereby adopted, by reference, by the city for the purpose of providing minimum standards 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 one and two family dwellings within the city, that certain building code Supp. No. 25 440 e e e ~ 9-450 BUILDINGS, STRUCTURAL APPURTENANCES ~ 9-460 known as the One and Two Family Dwelling Code, recom- mended and published by the International Conference of Building Officials, being particularly the 1975 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 are hereby incorporated as fully as if set out at length herein and the provisions thereof shall be controlling in the construction of all one and two family dwell- ings therein contained within the corporate limits of the city. (Ord. No. 8532, ~ 1,1-3-77) Sees. 9-451-9-459. Reserved. ARTICLE XVII. CODE FOR ABATEMENT OF DANGEROUS BUILDINGS Sec. 9-460. Uniform Code for the Abatement of Dangerous Buildings adopted. There is hereby adopted, by reference, by the city for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the abatement of dangerous buildings within the city, that certain building code known as the Uniform Code for the Abatement of Dangerous Buildings, recommended and published by the International Conference of Building Offi- cials, being particularly the 1979 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. (Ord. No. 8750, ~ 1, 9-10-79) Supp. No. 25 [The next page is 447] 441 e Chapter 10 CEMETERIES Sec. 10-1. Management. The city manager is hereby directed to supervise, manage and operate The Gypsum Hill Cemetery, being a municipal cemetery of the city, under such rules, bylaws and regulations as may be adopted by the board of commissioners. (Code 1960, ~ 9-101) Sec. 10-2. Employees. The city manager is hereby authorized to employ such per- sons as may be necessary to operate and maintain the munici- pal cemetery under the rules, bylaws and regulations of the board of commissioners. (Code 1960, ~ 9-102) e e 447 [The next page is 473] - e - Chapter 10112 CIVIL DISOBEDIENCE* Sec. 10Yz-1. Authority of mayor in emergency. Whenever, in the judgment of the mayor or in the event of his inability to act, the acting mayor determines that an emer- gency exists as a result of mob action or other civil disobed- ience causing danger of inj ury to or damages to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city: Sec. 101f2-1 (1). To impose a curfew upon all or any portion of the city thereby requiring all persons in such desig- nated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that physicians, nurses and ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and city authorized or requested law enforce- ment officers and personnel inay be exempted from such curfew. Sec. 101f2-1 (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. Sec. 101f2-1 (3). To designate any public street, thorough- fare or vehicle parking areas closed to motor vehicles and pedestrian traffic. Sec. 101f2-1(4). To call upon regular and auxiliary law en- forcement agencies and organizations within or with- out the city to assist in preserving and keeping the peace within the city. (Ord. No. 7011, S 1, 8-21-67) *Editor's note-Ord. No. 7011, ~~ 1-4, adopted August 21, 1967, being nonamendatory of this Code, has been included as Chapter 1072, ~~ 1072-1-1072-4, at the discretion of the editors. Cross references-Offenses against peace and order generally ~~ 23-107-23-113; curfew for minors, ~ 23-149. ' Supp. No.4 457 ~ 10~-2 SALINA CODE ~ 10~-4 Sec. 10 Yz -2. Effective time of emergency proclamation. The proclamation of emergency provided herein shall be- come effective upon its issuance and dissemination to the pub- lic by appropriate news media. (Ord. No. 7011, S 2, 8-21-67) Sec. 10 Yz -3. Termination of emergency provisions. Any emergency proclaimed in accordance with the provi- sions of this chapter shall terminate after forty-eight (48) hours from the issuance thereof, or upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs first; provided, however, that such emer- gency may be extended for such additional periods of time as determined necessary by resolution of the governing body. (Ord. No. 7011, 9 3, 8-21-67) Sec. 10Yz-4. Failure to comply with provisions imposed by emergency proclamation. Any person who shall wilfully 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 herein shall be deemed guilty of a misdemeanor. (Ord. No. 7011, S 4, 8-21-67) Cross reference-Resisting an officer, ~ 23-57. Supp. No.4 458 e e e Chapter 11 ELECTIONS* Sec. 11-1.. City to consist of one ward. The City of Salina shall consist of one ward to be known as the first ward. (Ord. No. 8736, ~ 1, 9-10-79) Sec. 11-2. 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 attached hereto which is made a part hereof by reference. (Ord. No. 8736, ~ 1, 9-10-79) Sec. 11-3. 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 district shall be and the same is hereby attached to the several voting precincts of the city contiguous thereto and all persons residing in any such at- tached territory and possessing the qualifications of an elector under the laws of the State of Kansas shall be qualified to vote at an election in the city for school purposes only in any voting precinct of such city which lies contiguous to the at- tached 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 fur- nished 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 *Editor's note-Ord. No. 8736, ~ I, enacted Sept. 10, 1979, amended Ch. 11 to read as set out in ~~ 11-1-11-4. Section 2 of said Ord. No. 8736 repealed former ~~ 11-1-11-34, relative to elections, derived from Code 1960, ~~ 29-100-29-132; Ord. No. 6735, adopted Sept. 9, 1963. Ord. No. 8078, ~ 1, adopted April 13, 1970; and Ord. No. 8240, ~~ 1, 2, adopted Aug. 21, 1972. Cross reference-Disturbing or interfering with elections, ~ 23-108. Supp. No. 25 473 ~ 11-3 SALINA CODE ~ 11-4 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. (Ord. No. 8736, ~ 1,9-10-79) Sec. 11-4. Precinct for annexed t~rritory. Any territory hereafter added to the city shall become a part of that voting precinct to which itis contiguous and whose boundaries intersecting the city limits, if extended, wpuld in- clude such added territory unless such territory shall, by ordi- nance, be specifically attached to some other voting precinct. (Ord. No. 8736, ~ 1, 9-10-79) [The next page is 493] Supp. No. 25 474 e e . Chapter llA EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION Art. I. In General, 66 llA-1-11A-9 Art. II. Human Relations Commission, 66 llA-10-11A.19 Art. III. Human Relations Department, 66 llA-20-11A-29 Art. IV. Unlawful Employment Practices, 66 llA-30-11A-39 Art. V. Unlawful Public Accommodation Practices, 66 llA-40-11A- 49 Art. VI. Unlawful Housing Practices, 66 llA-50-11A-59 Art. VII. Public Contracts, 66 llA-60-11A-69 Art. VIII. Procedures for Filing and Processing Complaints, 66 llA-70 -llA-79 Art. IX. Miscellaneous Provisions, 66 llA-80-11A-89 Art. X. The Organizational Structure and Responsibilities for Carrying Out the City's Commitment to the Principle of Non- discrimination in City Employment, s6 llA-90-11A-98 ARTICLE I. IN GENERAL Sec. llA-l. Declaration of policy. Sec. llA-l (1). The practice or policy of discrimination against individuals by reason of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status is a matter of concern to the City of Salina, since such dis- crimination 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 of Salina to eliminate and prevent discrimination in all employment relations, to eliminate and prevent discrimination, segregation, or separation in all areas of public accommodations, and eliminate and prevent discrimi- nation, segregation or separation in housing as hereinafter provided. Sec. llA-l (2). It is also declared to be the policy of this city to assure equal opportunities and encouragement to every citizen regardless of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, in se- curing and holding, without discrimination, employment in any field of work or labor for which he is properly qualified or qualifiable, to assure equal opportunities to all persons within this city to full and equal public accommodations, and to as- Supp. No. 21, Rev. 493 ~ llA-1 SALINA CODE ~ llA-2 sure equal opportunities in housing without distinction on account of race, sex, religion, age, color, national origin, an- cestry, physical handicap, or marital status. It is further declared that the opportunity to secure and to hold employ- ment, the opportunity 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 declared to be the purpose of this act to establish and to provide a city human relations commission and a human relations department. (Ord. No. 8488, S 1, 5-24-76) Sec. llA-2. Definitions. 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. When used in this chapter, the following words shall mean: Sec. llA-2(1). Chairman shall mean the chairman of the human relations commission. Sec. llA-2(2). Commission shall mean the human relations commission as created by this chapter. Sec. l1A-2(3). Complainant shall mean any person claiming to be aggrieved by any unlawful discriminatory practice or violation of this chapter. Sec. llA-2( 4). Contract shall mean any contract entered into by the City of Salina, Kansas, or any of its subdivisions. Sec. l1A-2(5). Contractor shall mean any individual, part- nership, corporation, association, or other entity entering into a contract with the City of Salina and who is an employer as herein defined. Sec. llA-2(6). Director shall mean the director of the human relations department. Supp. No. 21, Rev. 494 e e e ~ llA-2 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-2 Sec. llA-2(7). Employee shall mean any person employed by an employer but does not include any individual employed by his parents, spouse, or child. Sec. llA-2(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 organizations, nonsectarian corporations, and organiza- tions engaged in social service work, and the City of Salina and all political and municipal subdivisions thereof but shall not include a nonprofit fraternal or social association or corpora- tion. Sec. llA-2(9). Employment agency includes any person or governmental agency undertaking with or without compen- sation to procure opportunities to work, or to procure, recruit, refer, or place employees. Sec. llA-2(1 0). Family includes a single individual. Sec. llA-2(11). Financial institution shall mean any per- son regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real prop- erty. Sec. llA-2(12). Hotel, motel, and restaurant shall have the meanings ascribed to them respectively by K.S.A. 36-501 and K.S.A. 36-301. Sec. llA-2(13). Housing accommodations shall mean: (a) Any building or portion thereof, whether such build- ing 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 portion thereof, con- taining accommodations for no more than two (2) families, one of which is occupied by the owner or his family at the time of rental. Supp. No. 21 495 ~ llA-2 SALINA CODE ~ llA-2 (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 family reside. Sec. llA-2(1.q,). Labor organization includes any organi- zation which exists for the purpose, in whole or in part, of col- lective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment. Sec. llA-2(15). Occupational qualifications as used here- in, are those qualifications which can be shown to be demon- strably valid to the normal operation or performance of a particular job, business or enterprise. Sec. llA-2(16). Owner shall mean and include the owner, lessee, sublessee, assignee, manager, agent, or other person, firm or corporation, having the right to sell, rent or lease any housing accommodation or real property within the cor- porate limits of the city. Sec. llA-2(17). Person includes one or more individuals, ;partnerships, associations, organizations, corporations, munici- pal corporations, quasi-municipal corporations, governmental agencies, public bodies, legal representatives, trustees, trustees in bankruptcy, receivers, fiduciaries, mutual companies or un- incorporated organizations. Sec. llA-2(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. Sec. llA-2(19). Probable cause means the presence of a reasonable ground for belief in the existence of the alleged fact of a violation of any statute, ordinance, or other authority, orders, rules or regulations. Sec. llA-2(20). Public accommodations shall include any person, as defined herein, who caters or offers his goods, serv- ices, facilities, and accommodations to the public, including all Supp. No. 21 496 e e e ~ llA-2 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-2 city agencies which serve the public, but shall not include a nonprofit fraternal or social organization or corporation. Sec. llA-2(21). Real estate broker shall mean any person who, for a fee or other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange or rental of housing accommoda- tions or real property of another person. Sec. llA-2(22). Real estate salesman or agent shall mean any person employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker. Sec. llA-2(23). Real property means and includes: (a) All vacant or unimproved land, and (b) Any facility or structure which is occupied or designed or intended for occupancy, or any building or structure having a portion thereof which is occupied or designed or intended for occupancy. Sec. llA-2(24). Respondent shall mean any person alleged to have committed any unlawful act or violation of this chap- ter. Sec. llA-2(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 separate contract with a contractor as defined herein to fulfill all or any part of any contractor'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 de- fined. Sec. llA-2(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. Sec. l1A-2(27). Unlawful housing practice means any dis- crimination or segregation or separation against any person or group of persons because of race, sex, religion, age, color, Supp. No. 21 497 ~ llA-2 SALINA CODE ~ llA-10 national origin, ancestry, physical handicap or marital status, and shall include only those unlawful practices and acts as set forth in this chapter. Sec. llA-2(28). Unlawful employment practices includes those unlawful practices and acts specified in K.S.A. 44-1009. Sec. llA-2(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 accommodations covered by this chapter by reason of their race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status. The term "unlawful public accommodation practice" also means any discrimination against persons in a bar, tavern, 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 trans- portation facility. The term "unlawful public accommodation practice" also means any discrimination against persons in the full and equal use and enjoyment of the services, facili- ties, privileges and advantages of any institution, department or agency of government within the legal boundaries of the City of Salina. (Ord. No. 8488, S 1, 5-24-76) Sees. llA-3-11A-9. Reserved. ARTICLE II. HUMAN RELATIONS COMMISSION Sec. llA-lO. Human relations commission created; composi- tion, appointment, term, compensation of mem- bers, quorum constituted. There is hereby created a commission to be known as the human relations commission. Said commission shall consist of nine (9) members, at least three (3) of whom shall be mem- bers of significant ethnic or minority groups within the com- munity, who shall be appointed by the mayor, with the consent of the governing body of Salina. The commission shall elect, by secret ballot, one of its members as chairman, who shall pre- Su.pp. No. 21 498 e e e ~ llA-10 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-ll side at all meetings of the commission 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 elect, in the same manner, one of its members as vice-chairman who shall act as chairman during the absence or incapacity of the chair- man and, when so acting, the member so designated shall have and perform all the duties and functions of the chairman of the commission. Initial appointments to the 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 members of the commission by unanimous vote. The chairman or vice-chairman may resign from his office at any time during his term and may do so without resigning from the commission. In such event, the commission shall elect another member to replace him, and such person shall serve the unex- pired term of the person he replaces. A majority of the pres- ently serving members of the commission shall constitute a quorum for the purpose of conducting the business thereof. The members of the commission shall serve without compen- sation. (Ord. No. 8488, ~ 1, 5-24-76) Sec. llA-l1. Powers and duties of the commission. The commission shall have the following functions, powers, duties, and responsibilities: Sec. llA-ll (1). To hear appeals from a decision made by the director that no probable cause exists for a com- plaint as provided in section llA-70. 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 com- Supp. No. 21, Rev. 499 ~ llA-ll SALINA CODE ~ llA-ll plaint back to the director with instructions for further proceedings in accordance with section llA-22 (6). Sec. llA-ll (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 necessary and proper for the enforcement of this chapter. The commission may, at the request of the complainant, the respondent, or upon its own motion, issue process to compel the at- tendance and testimony of any person, and require the production of books, 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 district court, Saline County, Kansas, in order to obtain com- pliance. Sec. llA-ll (3). In conducting a hearing, the commISSIOn shall have access at all reasonable time to premises, records, documents and other evidence or possible sources of evidence, and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably 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 com- mission, through the city attorney, may request the district court of Saline County, Kansas, to order such person to comply with such request. The commission may take testimony under oath or affirmation. Sec. llA-ll(4). To endeavor to eliminate prejudice among the various groups in this city and to create harmonious relationships among the various persons and agencies within this city. Supp. No. 21, Rev. 500 e e e ~ llA-ll EQUAL OPPORTUNITY] AFFIRMATIVE ACTION ~ llA-ll Sec. llA-ll (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 governing body human rela- tions policies, procedures and programs. Such advisory and/or conciliatory agency shall be composed of repre- sentative citizens serving without pay. The commis- mission may itself make the studieb and perform the acts authorized by this article. It shall, by voluntary conference with parties in interest, endeavor by con- ciliation and persuasion to eliminate discrimination. Sec. 11A-11 (6). To accept contributions from any person or governmental unit to assist in the effectuation of this article; and to seek and enlist the cooperation, in- cluding financial assistance, of private, charitable, re- ligious, labor, civic, or benevolent organizations for the purpose of this article. Sec. 11 A-11 (7). To actively promote the purpose of, and information about, this chapter through public appear- ances, speaking engagements, news media, publications, etc., and to issue such publications and such results of investigation 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, ancestry, physical handicap, or marital status. Sec. llA-11 (8). To render each year to the governing body of the city a full written report of all of its activities and of its recommendations. Sec. l1A-l1 (9). To receive and accept, through the gov- erning body, city, county, state, and federal funds to effectuate the purposes of this chapter; and to act as the contracting agency in agreements with any govern- mental agency, for such purposes, as may be designated and approved by the governing body. Sec. 11A-11 (10). To cooperate with the Kansas Commission on Civil Rights and with other organizations or Supp. No. 21 501 ~ llA-ll SALINA CODE ~ llA-21 agencies, both public and private, whose purposes are not inconsistent with those of this chapter. Sec. llA-ll (11). To meet regularly once each month at a place and time decided by the commission and to adopt rules and regulations to conduct necessary business. Special meetings may be called by the chairman or by a majority of the members of the commission then presently serving. Sec. llA-ll (12). To regularly advise the members of the governing body, through distribution of its agenda, minutes, memoranda, reports, and other pertinent docu- ments, the items of business before the commission, the ongoing status of such items, and the disposition of such items. (Ord. No. 8488, ~ 1, 5-24-76) Sees. llA-12-11A-19. Reserved. ARTICLE III. HUMAN RELATIONS DEPARTMENT Sec. llA-20. Creation of department. There is hereby created a human relations department for the purpose of administering and enforcing the provisions of this chapter or as hereafter amended. (Ord. No. 8488, ~ 1, 5-24-76) Sec. llA-21. Position of director of human relations created; appointment, salary. There is hereby created the position of director of human relations of the City of Salina to be appointed by and directly responsible to the city manager. The human relations commis- sion may submit recommendations to the city manager of ap- plicants for this position, but merit and fitness shall be the governing criteria in the selection of the director of human relations. The salary of the director of human relations shall be fixed by the governing body. (Ord. No. 8488, ~ 1, 5-24-76) Supp. No. 21 502 e e e ~ llA-22 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-22 Sec. llA-22. Duties, responsibilities, and authority of the hu- man relations director. The director shall have the following duties, responsibilities, and authority: The administration of this' chapter shall be the responsibility of the director of human relations department and his designated staff. The director shall promulgate pro- cedure to implement, expedite, and effectuate the provisions of this chapter. In addition to any powers and responsibilities heretofore conferred in the director, the director shall have the power and responsibility to: Sec. llA-22(1). Seek to eliminate and prevent discrimina- tion in employment because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, by employers, labor organizations, em- ployment agencies, or other persons, and to take other actions against discrimination because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status as provided herein; Sec. llA-22(2). Effectuate the purposes of this chapter first by conference, conciliation, and persuasion so that persons may be guaranteed their civil rights and good will fostered; Sec. llA-22(3). Seek cooperation from and, upon request, make technical assistance available to all city govern- ment departments and agencies; Sec. llA-22( 4). Receive, investigate, initiate and attempt to conciliate complaints alleging discrimination in em- ployment, housing and public accommodations because of race, sex, religion, age, color, national origin, an- cestry, physical handicap, or marital status; Sec. llA-22(5). Pursue the goals of affirmative action implementation within municipal government and ex- ternal to municipal government through continued dia- logue and technical asssitance; Sec. llA-22 (6). In conducting an investigation the director shall have access at all reasonable times to premises, supp. No. 21 503 ~ llA-22 SALINA CODE ~ llA-SO records, documents, and other evidence or possible sources of evidence, and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably 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 di- rector may request the city attorney to file the appro- priate action in the district court of Saline County, Kansas, to order such person to comply with such request; Sec. llA-22(7). Request the city attorney to apply to the district court of Saline County, Kansas for temporary or permanent injunction relief to enjoin violation of this chapter; Sec. llA-22(8). Request the city attorney to apply to the district court for enforcement of any conciliation agree- ment by seeking specific performance of such agree- ment; Sec. llA-22(9). Attend all meetings and serve as secre- tary of the human relations commission; provide neces- sary reports, such as agenda, minutes, and schedules of commission meetings to the commission, to the gov- erning body, and to the city manager; advise the local news media of commission meetings and agenda. (Ord. No. 8488, ~ 1,5-24-76) Sees. llA-23-11A-29. Reserved. ARTICLE IV. UNLAWFUL EMPLOYMENT PRACTICES Sec. llA-30. Unlawful employment practices. It shall be an unlawful employment practice: Sec. llA-30(1). For an employer, because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status of any individual to refuse to Supp. No. 21 504 e e e ~ llA-30 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-30 hire or employ, or to bar or discharge from employment such individual; or to otherwise discriminate against such individual in compensation, or in terms, conditions, or privileges of employment; or to limit, segregate, separate, classify or make any distinction in regard to employees; or to follow any employment procedure or practice which, in fact, results in discrimination, segre- gation, or separation without a valid business motive. Sec. llA-30(2). For a labor organization, because of race. sex, religion, age, color, national origin, ancestry, physi- cal handicap or marital status of any individual, to exclude or to expel from its membership such indi- vidual; or to discriminate in any way against any of its members, or against any employer, or against any indi- vidual employed by the employer. Sec. llA-30(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 prospective employment or membership, which expresses, directly or indirectly, any limitation, speci- fication, or discrimination as to race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status, or any intent to make any such limita- tion, specification, or discrimination, unless based on a bona fide occupational qualification. Sec. llA-30(J,). For any employer, employment agency, OF labor organization to discharge, expel, or otherwise dis- criminate against any person because 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. Sec. llA-30(5). For an employment agency to refuse to list and properly classify for employment, or refuse to refer an individual for employment, or otherwise dis- criminate against any individual because of his race, sex, religion, age, color, national origin, ancestry, physi- Supp. No. 21 505 ~ llA-30 SALINA CODE ~ llA-39 cal handicap or marital status; or to comply with a re- quest from an employer for a referral of applicants for employment if the request expresses, either directly or indirectly, any limitations, specifications, or discrimina- tion as to race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status unless such request is accompanied by a demonstrably valid occupational qualification. Sec. llA-30(6). For an employer, labor organization, em- ployment agency or school which provides, coordinates, or controls apprenticeship, on the job training, or other training or retraining program, to maintain a practice of discrimination, segregation, or separation because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status, in admission, hir- ing, assignment, upgrading, transfers, promotion, lay- off, dismissal, apprenticeship, or other training or retraining programs; or in any other terms, conditions, or privileges of employment, membership, apprentice- ship, or training; or to follow any policy or procedure which, in fact, results in such practices, without a valid business motive or occupational qualification. Sec. llA-30(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. (Ord. No. 8488, ~ 1,5-24-76) Sec. llA-31. Exceptions. 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 retire- ment plan. (Ord. No. 8488, ~ 1,5-24-76) Sees. llA-32-11A-39. Reserved. Supp. No. 21 506 e e e S llA-40 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION S llA-40 ARTICLE V. UNLAWFUL PUBLIC ACCOMMODATION PRACTICES Sec. llA-40. Unlawful public accommodations practices. It shall be an unlawful public accommodations practice for any person as defined herein being the owner, operator, lessee, manager, administrator, agent, or employee of any place of public accommodation: Sec. llA-40(1). To refuse, deny, or make a distinction directly or indirectly in offering its goods, services, fa- cilities, and accommodations to any person as covered by this chapter, because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status. Sec. llA-40(2). For any person as defined herein, whether or not specifically enjoined from discriminating under any provisions of this chapter, to aid, abet, incite, com- pel, or coerce the doing of any of the acts forbidden under this chapter, or attempt to do so. Sec. llA-40(3). Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, super- vised, or controlled by or in conjunction with a religious organization, association, or society, from limiting its offerings of goods, services, facilities, and accommoda- tions, to persons of the same religion, or from giving preference to such persons, provided that such offerings above mentioned are not, in fact, offered for commercial purposes. Sec. llA-40(4). Nor shall anything in this chapter pro- hibit a nonprofit private club, in fact not open to the public, which incident to its primary purpose or pur- poses, provides certain public accommodations herein defined, for other than commercial purposes, from limit- ing such accommodations to its members, or giving preference to its members and guests of its members. (Ord. No. 8488, ~ 1, 5-24-76) Supp. No. 21 507 ~ llA-41 SALINA CODE ~ llA-50 Sees. llA-41-11A-49. Reserved. ARTICLE VI. UN LA WFUL HOUSING PRACTICES Sec. llA-50. Unlawful discriminatory housing practices. It shall be an unlawful housing practice: Sec. llA-50(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 sub- lease any real property or part or portion thereof to any person or to refuse to negotiate for the sale, rental, lease, assignment, or sublease when in fact it is so available, or otherwise to deny or with- hold any housing accommodations 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 of the sale, rental, lease, assignment, or sublease of any housing accommo- dations or real property or part or portion thereof or in the furnishing of facilities or services in con- nection therewith, or to require any person to dis- criminate 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, published, circulated, issued, displayed, posted 9r 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 accommo- dations or real property or part or portion thereof which expresses, directly or indirectly, any limita- tion, specification, or discrimination. The produc- tion of any such statement, advertisement, pub- licity, sign, form of application or record purport- Supp. No. 21 508 e e e ~ llA-50 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-50 ing to be made by any such person shall be prima facie evidence in any action that the same was authorized by such person. Sec. llA-50(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 accommoda- tions or real property or part or portion thereof, in the granting, withholding, extending, modifying, or renewing, or in the fixing of the rates, terms, conditions or provisions of any such financial as- sistance, or in the extension of service in connec- tion therewith; or (b) To use any form of application for such financial assistance or to make any record or inquiry in con- nection with applications for such financial assist- ance which expresses, directly or indirectly, any limitation, specification or discrimination as to race, sex, religion, age, color, national origin, an- cestry, physical handicap, or marital status, or any interest to make such limitation, specification or discrimination. Sec. llA-50(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 accommoda- tions or real property on the ground of imminent, or prospective entry into the neighborhood of a person or persons of a particular race, sex, religion, age, color, national origin, ancestry, physical handi- cap, or marital status, or use such fact or suspicion as a sales or listing inducement or stimulant, or to Supp. No. 21 509 ~ llA-50 SALINA CODE ~ llA-60 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 reprisal, or to engage in, or hire, or conspire with others to com- mit acts or activities 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 enforce the rights protected by this chapter; to aid, abet, incite, com- pel or coerce any person to engage in any of the unlawful discriminatory housing practices defined in this chapter. Sec. llA-50(4). For any person, owner, real estate broker, real estate salesman, or agent thereof to knowingly sell, rent, assign, lease or sublease any housing accom- modation or real property which has been withheld from any person in violation of this chapter, prior to the satisfactory adjustment of the matter with the director or the complainant, or the disposition of the matter in court. (Ord. No. 8488, ~ 1, 5-24-76) Sees. llA-51-11A-59. Reserved. ARTICLE VII. PUBLIC CONTRACTS Sec. llA-60. Public contracts. Every contract for or on behalf of the City of Salina or any agency thereof, for construction, alteration or repair of any public building or public work or for the acquisition of ma- terials, equipment, supplies, or services, shall contain provi- sions by which the contractor and any subcontractors agree that: Sec. llA-60(1). The contractor and subcontractor shall observe the provisions of this chapter and shall not dis- criminate against any person in the performance of Supp. No. 21 510 e e e ~ llA-60 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-62 work under the present contract because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status, except by reason of a de- monstrably valid qualification or business motive. Sec. llA-60(2). In all solicitations, or advertisements for employees, the contractor shall include the phrase "equal opportunity employer", or a similar phrase to be approved by the director. (Ord. No. 8488, S 1, 5- 24-76) Sec. llA-61. Contract provisions. In all contracts entered into by the City of Salina, Kansas, or any of its agencies or departments, there shall be included a provision that during the performance of the contract, the contractor will not discriminate against any employee or ap- plicant for employment in the performance of said contract and every contractor shall include similar provisions in all sub- contracts under his contract with the City of Salina. (Ord. No. 8488, S 1,5-24-76) Sec. llA-62. Affirmative action. Any contractor entering into a contract with the City of Salina and his subcontractors shall take affirmative action to insure that employees are treated equally without regard to their race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status. Such affirmative action shall include, but not be limited to the following: Employ- ment, upgrading, demotion or transfer, recruiting or recruit- ment, advertising, layoff or termination, rates of payor other forms of compensation and selection for training, including apprenticeship. The contractor and subcontractor shall agree to post in conspicuous places available to employees and appli- cants for employment, notices to be provided by the director setting forth provisions of this article. The contractor and his subcontractors shall provide all affirmative action informa- tion and necessary documents to implement the compliance with the requirements of all federal, state and local laws and Supp. No. 21 510.1 ~ llA-62 SALINA CODE ~ llA-64 ordinances. It shall be no excuse that the employer has a col- lective bargaining agreement with any union providing for exclusive referral or approval systems. The failure of the con- tractor or subcontractors to comply with the requirements of this article shall be grounds for cancellation, termination, or suspension of the contract in whole or in part by the governing body with the contractor or subcontractors until satisfactory proof of intent to comply shall be submitted to and accepted by the governing body. (Ord. No. 8488, ~ 1, 5-24-76) Sec. llA-63. Affirmative action plans. Every contractor and subcontractor prior to entering into a contract with the City of Salina shall submit to the director an acceptable written affirmative action plan which shall: Sec. llA-63(1). Identify areas of employment, employment policies, and employment practices which require action by the contractor or subcontractor to assure equal employment opportunity. Sec. llA-63(2). Analyze these areas, policies and practices to determine what actions by said contractor or subcon- tractor will be most effective. Sec. llA-63(3). Establish a plan with goals and timetables designed to achieve equal employment opportunity. Sec. llA-63(.4,). Include provisions for implementation, monitoring, and periodic evaluation in order to insure that it continues to be a valid plan. (Ord. No. 8488, ~ 1, 5-24-76) Sec. llA-64. Exemptions. The provisions of this article shall not apply to: Sec. llA-6.4,(1). Contractors or suppliers who would not be considered as an "employer" as defined in Article I, section llA-2 (7). Sec. llA-6.4,(2). Contracts and subcontracts not exceeding ten thousand dollars ($10,000.00). Supp. No. 21 510.2 e e e ~ llA-64 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-71 Sec. llA-64(3). Call type or purchase order agreements which do not exceed ten thousand dollars ($10,000.00) in total per calendar year. Provided; vendors, con- tractors and suppliers who will supply or expect to supply the City of Salina with goods or services exceed- ing ten thousand dollars ($10,000.00) during the subse- quent calendar year shall not be exempt from the re- quirements of this article. Provided, the above exemptions shall not conflict with ap- plicable state or federal laws. (Ord. No. 8488, ~ 1, 5-24-76) Sees. llA-65-11A-69. Reserved. ARTICLE VIII. PROCEDURES FOR FILING AND PROCESSING COMPLAINTS Sec. llA-70. Complaint, filing of. Any person claiming to be aggrieved by an alleged unlawful act or practice may, by himself or by his attorney-at-law, make, sign, and file with the director a verified complaint, 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 pro- vision of this chapter may file a verified complaint asking for assistance by conciliation or other remedial action. (Ord. No. 8488, ~ 1,5-24-76) Sec. llA-71. Submission of a false, misleading, or incomplete complaint, statement; response or report. Any person who knowingly and intentionally submits or files or causes to be submitted or filed, a false, misleading, or in- complete complaint, statement, response or report with the human relations commission, the director or any of his person- nel, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalty provided in section 1-8 of the Salina Code. (Ord. No. 8488, ~ 1, 5-24-76) Supp. No. 24 510.3 ~ llA-72 SALINA CODE ~ llA-72 Sec. llA-72. Procedures for processing complaints. Procedures for processing the complaint shall be in accord- ance with the following: Sec. llA-72(1). The human relations department shall maintain a docket of all legally filed complaints, and each complaint as initiated, shall be assigned an appro- priate designation. Sec. llA-72(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 com- plainant; 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. Sec. llA-72(3). The director shall make, with the assist- ance of his staff, a prompt and full investigation of the alleged unlawful act or practice. Sec. llA-72(4). A report on the findings of such investi- gation shall be made by the director to the city manager within thirty (30) days after original receipt of the complaint; provided, however, for good cause shown, the city manager may grant to the director additional periods of time not to exceed thirty (30) days to make his findings and reports. Sec. llA-72(5). Upon completion of the investigation, the director shall determine whether probable cause exists for such complaint. Sec. l1A-72(6). Both the complainant and the respondent shall promptly be notified by certified mail of the de- termination concerning probable cause, and that such determination may be appealed in writing to the human relations commission within fifteen (15) days of noti- fication. Supp. No. 24 510.4 e e e ~ l1A-72 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ l1A-72 Sec. llA-72(7). Either the complainant or respondent, if not satisfied with the determination concerning prob- able cause, may request a public hearing before the com- mission. Such request shall be submitted in writing within fifteen (15) days following receipt of notification of said determination. Sec. llA-72(8). If it is determined that probable cause exists for crediting the allegations of the complaint, and no request for a public hearing before the commis- sion is filed, the director shall promptly endeavor to eliminate the unlawful discriminatory act or practice by means of conciliation and persuasion. The director shall not make public the details of such conciliatory proceedings, but he may publish the terms of any con- ciliation agreement. Sec. llA-72(9). If no agreement is reached, and there has been no hearing, as provided by section llA-72 (7), the complainant, respondent and/or director may request a public hearing before the commission. Such request shall be submitted to the commission in writing within five (5) days from the date the director determines an im- passe has been reached in the negotiations. Sec. llA-72(10). Upon receipt of a written request from the complainant, respondent and/or director for a public hearing, the chairman of the commission or, in his absence, the vice-chairman, shall, within five (5) days designate five (6) 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 thirty (30) days of receipt of the written request for the hearing, provided, however, for good cause shown, the commission may grant additional periods of time not to exceed thirty (30) days in which to hold such public hearing. Sec. llA-72(11). The commission shall adopt such rules and procedures for conducting public hearings as it deems necessary and appropriate. Supp. No. 24 510.5 ~ llA-72 SALINA CODE ~ llA-72 Sec. llA-72(12). The city attorney or his assistant shall be available to the commission to assist in conducting public hearings. In the event the complaint involves the City of Salina or any of its officials or employees the commission may retain other local legal counsel for such assistance. Sec. llA-72(13). The commission on its own initiative may at any time, during the course of the investigation, or subsequent thereto, order a public hearing. Sec. llA-72(14). Both the complainant and respondent shall within ten (10) days of completion of the public hearing be notified by certified mail of the results of such hearing. Sec. llA-72(15). If the commissioners conducting said hearing conclude, by a majority vote, that the respond- ent has, in their opinion, engaged in unlawful discrimi- natory acts or practices 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: (a) (b) Instruct the director to proceed with conciliation and negotiations to correct such unlawful dis- criminatory acts or practices, and develop a writ- ten conciliatory agreement between the complain- ant and the respondent. 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 chapter, includ- ing a requirement for a report or reports of the manner of compliance. Certify the case and the entire record of its pro- ceedings to the city attorney for prosecution in the appropriate court of law. Or, if other legal counsel has been retained as provided for in subsec- (c) Supp. No. 24 510.6 e ~ llA-72 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-73 tion llA-72 (10) above, the case may be cetified to that attorney for prosecution. Sec. llA-72(16). Failure to comply with or violation of any conciliatory agreement entered into by the complainant or respondent, or failure to comply with any order issued by the reviewing board 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. (Ord. No. 8488, ~ 1, 5-24-76; Ord. No. 8643, ~~ 1, 2, 7-10-78; Ord. No. 8644, ~ 1, 7-10~78; Ord. No. 8645, ~ 1, 7-10-78; Ord. No. 8692, ~ 1, 3-5-79) Sec. llA-73. Time for filing complaint. Any person claiming to be aggrieved by reason of an alleged unlawful act or practice must file his complaint with the e e Supp. No. 24 510.6.1 e e e ~ llA-73 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-SO director within the following periods of time from the date of the alleged incident, to wit: Sec. llA-73(1). For violation of any of the unlawful em- ployment practices specified in Article IV within nine- ty (90) days from the date of the alleged incident. Sec. llA-73(2). For violation of any unlawful public ac- commodation practice as specified in Article V, within ninety (90) days from the date of the alleged violation. Sec. llA-73(3). For violation of any unlawful housing prac- tices as specified in Article VI, within thirty (30) days from the alleged incident. Sec. llA-73(ir). For violation of any unlawful practices under public contracts as specified in Article VII, with- in ninety (90) days from the date of the alleged inci- dent. 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 chapter. (Ord. No. 8488, S 1, 5-24-76) Sees. llA-74-11A-79. Reserved. ARTICLE IX. MISCELLANEOUS PROVISIONS Sec. llA-80. Construction. The provisions of this chapter shall be construed liberally for the aiccomplishment 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 discrimina- tion because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status 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. Nothing contained in this chapter shall require any person to commit any act, or be a party thereto, which would constitute a violation of any exist- ing law or ordinance. (Ord. No. 8488, S 1, 5-24-76) Supp. No. 21 510.7 ~ llA-81 SALINA CODE ~ llA-91 Sec. llA-81. Invalidity in part. If any clause, sentence, paragraph or part of this chapter or any application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdic- fion to be invalid, such judgement shall not affect, impair, or invalidate the remainder of this chapter, and the application thereof to other persons or circumstances but shall be con- fined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such. judgment shall have been rendered and the persons or cir- cumstances involved. It is hereby declared to be the legislative intent that this chapter would have been adopted had such provisions not be included. Card. No. 8488, S 1, 5-24-76) Sees. llA-82-11A-89. Reserved. ARTICLE X. THE ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES FOR CARRYING OUT THE CITY'S COMMITMENT TO THE PRINCIPLE OF NONDISCRIMINATION IN CITY EMPLOYMENT Sec. llA-90. Administration. The administration of this article shall be the responsibility of the city manager. Card. No. 8489, S 1,5-24-76) Sec. llA-91. Definitions. The personal pronouns and gender of nouns used in this article shall not be construed as limiting the provisions of this article to one or the other sex. When used in this article, the following words shall mean: Sec. 11A-91 (1). Directors. The director of personnel and the director of human relations. Sec. 11A-91 (2). Minority. Minorities are defined by the Federal EEOC are members of racial or ethnic groups which have encountered, or now encounter, employ- ment or other discrimination in our society because of such group membership or affiliations. Supp. No. 21 510.8 e e e ~ llA-91 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-92 Ethnic categories as defined by Federal EEOC: (a) The category "white" should include persons of Indo-European descent, including Pakistani and East Indian. (b) The category "black" should include persons of African descent as well as those identified as J a- maican, 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 per- sons of Japanese, Chinese, Korean, or Filipino de- scent. (f) The category "other" should include Aleuts, Eski- mos, Malayans, Thais, and others not covered by the specific categories on the form. Sec. llA-91 (3). Program. The affirmative action pro- gram. (Ord. No. 8489, ~ 1,5-24-76) Sec. llA-92. Selection standards. Sec. llA-92(1). The directors will cause a review of all job specifications to assure that requirements contained there- in are job related and do not present unreasonable barriers for entry by minority or female applicants. Sec. llA-92(2). The directors will cause a review of all written examinations administered to assure that they do not have a discriminatory effect on minority or female applicants. Sec. llA-92(3). As new classifications are established, or new selection standards utilized, the directors will review.each standard to assure its nondiscriminatory nature. (Ord. No. 8489, ~ 1, 5-4-76) Supp. No. 24 510.9 ~ llA-93 SALINA CODE ~ llA-94 Sec. llA-93. Recruiting and advertising. Sec. llA-93(1). In order to insure nondiscrimination in em- ployment opportunities, the director of personnel shall prompt- ly notify the director of human relations of any vacancy to be filled. The director of human relations shall upon receiving any job vacancy listing, promptly post notice of such in public locations in at least three (3) places throughout 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 general circula- tion in the city. The city shall be responsible for the payment of all advertising costs. No person shall be employed to fill any vacancy, except in the "semiskilled and laborer-type" cate- gory, within ten (10) days after the vacancy is listed with the director of human relations, unless in the opinion of the city manager an emergency exists. Vacancies in the "semiskilled and laborer-type" category may be filled after publication of the vacancy. All applications for employment shall be filed with the director of personnel. Sec. llA-93(2). Recruiting efforts shall be directed toward educational institutions having minority and/or female en- rollment. Sec. llA-93(3). Communications and referral relation- ships to be established and maintained with groups and or- ganizations likely to yield minority or female applicants. Sec. 11A-93( J,,). Advertising for applicants shall be done in the manner most likely to reflect the city's affirmative de- sire to attract minority and female applicants. (Ord. No. 8489, S 1, 5-24-7,6; Ord. No. 8689, S 1, 2-26-79) Sec. llA-94. Affirmative management. Sec. llA-9J,,(1). It shall be unlawful for the head of any department, official agent, or employee of the City of Salina, Kansas, or of any department thereof acting for or on behalf of said city in any manner involving employment by said city to Supp. No. 24 510.10 e e e ~ llA-94 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION ~ llA-95 discriminate against any person otherwise qualified in employ- ment or in tenure, terms or conditions of employment, or to discriminate in promotion or increase in compensation; or to publish offers of or to offer employment based upon such dis- crimination; 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 employee, as a condition of employment, tenure, term or in connection with conditions of employment, promotion or increase in compensation unless such information is demonstrably valid as being an essential occupational quali- fication, or to discriminate in the selection of personnel for training. Sec. llA-9J,.(2). The directors will work closely with each each department head in the following areas: (a) Classification plan: Analyze and restructure where justified to provide maximum opportunity for appli- cants to qualify for employment, as. well as, for em- ployees to advance. (b) 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 implementing the affirmative action program. (c) Identify areas for concentrated efforts: The directors shall develop statistical information relative to the utilization of minorities and females in all departments of the city, identify areas of deficiency, and develop goals and methods for correcting such deficiencies. (Ord. No. 8489, ~ 1,5-24-76) Sec. llA-95. Evaluation committee. Sec. llA-95(1). There is hereby established an affirma- tive action evaluation committee composed of the city manager or his designee, the director of personnel, the director of human relations and other department heads as the city man- ager may deem appropriate. The city manager or his designee shall serve as chairman of the committee. Supp. No. 24 510.11 ~ llA-95 SALINA CODE ~ llA-98 Sec. llA-95(2). The committee shall advise the depart- ment heads on implementation procedures, identification of areas for concentrated efforts, and aid in other matters re- lated to implementation of the program. Sec. llA-95(3). The committee shall meet not less than quarterly to review overall progress on implementation of the program. They shall make any modifications as may be neces- sary to assure maximum effective implementation of the pro- gram. (Ord. No. 8489, ~ 1,5-24-76) Sec. llA-96. Training for upward mobility. The city manager will take measures to assure that maxi- mum opportunity is offered to minorities and women for en- try into training or educational programs which will enhance their employment for upward mobility potential. (Ord. No. 8489, ~ 1,5-24-76) Sec. llA-97. Implementation procedures. The director shall, during the first sixty (60) days following the effective date of this article, develop and reduce to writing the administrative procedures to be followed in implementing the program. Such procedures shall become effective upon approval by the city manager. (Ord. No. 8489, ~ 1, 5-24-76) Sec. llA-98. Reports. The city manager will submit an annual report to the city commission on the status of the affirmative action program. (Ord. No. 8489, ~ 1, 5-24-76) Supp. No. 24 510.12 - e . Chapter 12 FIRE PROTECTION AND PREVENTION* Art. I. In General, ~~ 12-1-12-10 Art. II. Fire Department, ~~ 12-11-12-37 Art. III. Firemen's Relief Association, ~~ 12-38-12-59 Art. IV. Dangerous Structures, ~.~ 12-60-12-75 Art. V. Fire Prevention, ~~ 12-76-12-149 Div. 1. Generally, ~~ 12-76-12-118 Div. 2. Fireworks, ~~ 12-119-12-131 Div. 3. Dry Cleaning Plants, ~~ 12-132-12-138 Div. 4. Liquefied Petroleum Gases, ~& 12-139-12-145 Div. 5. Miscellaneous Hazards, ~~ 12-146-12-149 Article I. In Generalt Sec. 12-1. Charge for fire protection on property outside the city limits. (a) Effective September 1, 1969, the annual charge for fire protection furnished by the City of Salina, Kansas, for any property located outside the limits of said city, pursuant to K. S. A. 80-1502, shall be a sum equivalent to 125 % of the mill levy required to provide fire protection service within the limits of said city for the year in which the contract is executed or renewed. The mill levy determined on this basis shall be multiplied by the assessed valuation of said property for which fire protection is furnished. (b) The above rate shall be made on the assessed valuation of land, improvements, and personal property listed for tax purposes for the preceding year as shown by the records in the office of the county clerk. (c) All fire contracts now in existence shall be changed to reflect the above rates and valuation on the anniversary date of said contract. *Cross references-Removal of wires and turning off of current in case of fire, ~ 9-119; following, parking near fire apparatus, ~ 2"-' H: driving over fire hose prohibited, ~ 22-117; false fire alarms prohibited, ~ 23-111. . tEditor's note-Ord. No. 8032, ~~ 1-5, was not expressly amendatory of this Code and was codified as & 12-1 at the discretion of the editors. Prior to said ordinance, Art. I of Ch. 12 had been reserved. Supp. No.8 511 ~ 12-1 SALINA CODE ~ 12-14 (d) All charges for fire protection shall be payable an- nually, in advance. (e) All fire contracts shall be limited to property located within a one mile limit of the City of Salina City Limits. (Ord. No. 8032, SS 1-5, 9-4-69) Sees. 12-2-12-10. Reserved. Article II. Fire Department~ Sec. 12-11. Qualifications of recruits. No person shall become a member of the fire department of the city who is over the age of twenty-five (25) years un- less such person is in fit and proper physical condition and shall have taken a physical examination by a physician se- lected for such purpose by the city manager and the results of which shall be approved by the city manager and the chief of the fire department. (Code 1960, S 11-101) Sec. 12-12. Off duty firemen to answer alarms. When the fire alarm is sounded, such firemen as may be off duty will immediately report to the fire department ready to be summoned by the fire chief to assist in the protection of life and property. (Code 1960, S 11-102) Sec. 12-13. Employees to wear uniforms, badges, perform duties. All employees of the fire department shall, when on duty, wear such badges and uniforms as the fire chief may direct, and shall perform all duties required of them by him for the government of the department. (Code 1960, S 11-103) Sec. 12-14. Chief responsible for department; to make and enforce regulations. The fire chief shall be held responsible for the discipline, good order and proper conduct of the entire fire department, *Cross references-Longevity pay for fire department employees, ~ 2-63; for creation and composition of fire department, see ~ 2-94(4) (b); for supervision and duties of fire department, see 9 2-133. supp. No.8 512 S 12-14 FIRE PROTECTION AND PREVENTION S 12-15 subject to general supervision of the city manager, and for proper care and maintenance of all fire department stations and all apparatus and property of the city belonging to the fire department; and shall have power to assign and locate employees of the department as shall to him seem to best promote the efficiency of the service, and the proper care and maintenance of all stations and apparatus, and shall estab- lish and enforce such rules and regulations governing the de- partment as he shall deem necessary. (Code 1960, S 11-104) Sec. 12-15. Command at fires. The fire chief shall have full power, control and command over all persons at fires; shall have power to remove and keep away from the vicinity of any fire all idle and suspicious persons lurking near the same, and to compel any person or persons present to aid in extinguishing such fires or preser- vation of property exposed to danger of the same, and in preventing goods from being purloined thereat; and shall station the engine and apparatus, and see to it that all mem- bers of the fire department do the duties required of them by law and ordinance; and it shall be the duty of the chief to direct at all fires all such measures as he shall deem most advisable for the extinguishment of said fire. In the absence of the fire chief, the assistant chief or next higher officer in the department shall command and be in control at fires. (Code 1960, ~ 11-105) - Supp. No.8 512.1 e ~ 12-16 FIRE PROTECTION AND PREVENTION ~ 12-20 Sec. 12-16. 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 1960, ~ 11-105) Cross reference-Resisting- officers generally, ~ 23-57. Sec. 12-17. Obstructing hydrants. No person shall place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character whatsoever so as to in any manner obstruct, hinder or impede the fire department in the performance of its duties in case of a fire in the vicinity of such hydrant. (Code 1960, ~ 12-501) Cross reference-Parking near fire hydrants prohibited, S 22-143(4). e Sec. 12-18. Chief to keep record of fires. The fire chief shall keep or cause to be kept, in a suitable book, a record of all fires that occur, showing the estimated value of the property placed at risk thereby, together with the supposed cause of each fire and' the amount of insurance involved and the loss incurred. (Code 1960, S 11-106) Sec. 12-19. Chief to keep records of department. The fire chief shall keep a record of all men employed in the fire department, with the time 'so employed; also an in- ventory book, showing at all times a list of the property be- longing to the city in charge of the fire department together with any other records that may be necesflary to show at any time the workings and conditions of the department. (Code 1960, ~ 11-106) e Sec. 12-20. Chief to make annual reports. At the close of each fiscal year the fire chief shall make a report to the city manager giving a summary of the work done by him and his department and the expenses and general condition of the department. (Code 1960, ~ 11-106) 513 S 12-21 SALINA CODE 9 12-23 Sec. 12-21. Firemen to attend fires. All firemen, under the direction and control of their proper officers, shall, upon an alarm of fire, repair to the place of such fire with the engines and other apparatus under their care, and there work and manage the same under the direc- tion of the chief and his assistants, or of the officer having chief control, and shall not remove therefrom except by per- mission of such officer. (Code 1960, S 11-107) Sec. 12.22. 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 checking the progress of any fire, every reasonable effort having been made to check the flames by other means. (Code 1960, S 11-108) Sec. 12..23. Police to act as fire guard; duties. At all fires, the police shall act as a fire guard, under the control and direction of the fire chief. It shall be the duty of the fire guard to take charge of all property removed from the buildings at fires and deliver the same to the chief, or in his absence, to store or otherwise to protect the same until it is claimed by the owner or owners and upon such claim to deliver up such property to the owner 01' owners upon the payment to the chief of all expenses necessarily and actually incurred in and about the care and protection of such prop- erty, and for which a receipt shall be given by the chief; and the said fire guard is hereby invested with all necessary au- thority for the purpose of taking charge and possession of such property; and it shall be the further duty of said fire guard to prevent the hose from being trodden upon, or driven across, and to keep all idle and suspected persons away from the fire and its vicinity, and also to use all proper exertions within their power for the protection of property endangered at fires. All persons are hereby enjoined and required to com- ply with the directions of any of the said fire guards. (Code 1960, S 11-109) 514 e e . 9 12-24 FIRE PROTECTION AND PREVENTION li 12-38 Sec. 12-24. Duty to obey orders. Any fireman or other person who at a fire shall refuse to obey the orders or directions given by the officer in charge shall be deemed guilty of a misdemeanor. (Code 1960, ~ 11-110) Sec. 12-25. Damaging, taking department property. No person shall wilfully and without proper authority re- move, take away, keep, conceal or injure any tool, appliance or other article belonging to any fire apparatus or fire sta- tion, or anything used in any way by the fir~ department. (Code 1960, ~ 11-111) Sec. 12-26. Authority to commandeer vehicles. It shall be lawful for the chief of the fire department or officer in command of any company or for the city manager to require the aid of any vehicle in conveying any fire ap- paratus of any kind to any fire or in case of any emergency; and if any person shall refuse or neglect tl) comply with such demand, he shall be guilty of a misdemeanor. (Code 1960, ~ 11-112) Sec. 12-27. Disorderly conduct at fires. Every person at or near a fire who shall conduct himself in a disorderly manner, shall be guilty of a misdemeanor; and any fireman or any police officer may forthwith arrest without warrant and take to the police stgtion any person so offending. (Code 1960, ~ 11-113) Cross reference-Disol'derly conduct generally, li 23-107. Sees. 12-28-12-37. Reserved. Article III. Firemen's Relief Association Sec. 12-38. Composition. The Firemen's Relief Association of Salina shall be com- posed of all regularly paid members of the fire department of the city, (Code 1960, S 11-201) SuPP. No. 16 515 !l 12-39 SALINA CODE ~ 12-44 Sec. 12-39. Officers specified. The officers of the firemen's relief association shall consist of a president, vice-president, secretary and treasurer and a board of directors which shall consist of the president, vice- president, secretary and two (2) members, to be selected as provided by the bylaws of the firemen's relief association. (Code 1960, ~ 11-201) Sec. 12-40. Reserved. Editor's note-Ord. No. 8261, ~ 1, adopted Dec. 4, 1972, repealed former ~ 12-40 providing that the chief of the fire department and assistant chief of the fire department would be ex officio president and vice president, respectively, of the firemen's l'elief association. Sl!id sec- tion was derived from Code 1960, ~ 11-201. Sec. 12-41. Bylaws, regulations authorized. The fireman's relief association shall adopt such bylaws, rules and regulations as it may deem advisable in carrying out and promoting the objects of 'Said association, not incon- sistent with this article or the laws of the State of Kansas. (Code 1960, ~ 11-201) Sec. 12-42. Records. The secretary shall keep a complete record of the transac- tions of the association, which shall at all times be subject to inspection by the board of commissioners of the city. (Code 1960, ~ 11-201) Sec. 12-43. Custody of funds; bond of treasurer. The treasurer of the firemen's relief 'l.ssociation shall at all times be the custodian of all funds belonging to the associa- tion, and he shall give bond for the safekeeping of such funds and for faithful performance in such sum with 'Such sureties as may be approved by the board of commissioners. (Code 1960, ~ 11-202) Sec. 12-44. Procedure for disbursements. The firemen's relief association shall, through the president, vice-president and secretary of said association, present to Supp. No. 16 516 e ~ 12-44 FIRE PROTECTION AND PREVENTION ~ 12-46 the board of directors of the association, in writing, a state- ment of any disbursements that they de8ire 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 purposes of the relief fund. In all cases in- volving expenditures or payments in an amount of five hun- dred dollars ($500.00) or more prior certification shall be obtained from the city attorney that such expenditure or pay- ment complies with K.S.A. Chapter 40, Article 17. (Code 1960, S 11-203) e Sec. 12-45. 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 association solely and entirely for the objects and purposes set forth in this article and as set forth in K.S.A. Chapter 40, Article 17, and shall be paid to and dis- tributed by the firemen's relief association under such provi- sions as shall be made by the board of commissioners. (Code 1960, S 11-204) e Sec. 12-46. Investments. The officers of the firemen's relief association may invest any amount not exceeding ninety p-er cent (90%) of all such moneys, in purchasing bonds of the city; provided, that if said 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 said municipality does not exceed fifteen per c'=!nt (15 %) of its assessed valuation as shown by the last assessment pre- ceding such investment. Such purchase must be approved by the board of commissioners of the city; provided, that it shall be the duty of the city attorney to examine all such bonds as to the validity and report thereon in writing to the board of commissioners and the firemen's relief association and no bonds shall be purchased by said firemen's relief association until they have been approved and found valid by the city attorney. (Code 1960, S 11-204) 517 S 12-47 SALINA CODE S 12-48 Sec. 12-47. Funds to be held in trust; purpose for which may be used; loans to city. All moneys collected and received by the firemen's relief as'Sociation shall be held in trust and used as a fund for relief of any member of the fire department when injured or physi- cally disabled in or by reason of the discharge of his duties as such, and for the relief or in payment of gratuities to the widow or those dependent on any member of such fire depart- ment who may be killed in the discharge of his duties as fire- man, or who may die from the effects of injuries so received or from disease contracted by reason of his duties as such, and for the payment of the necessary funeral expense of any member of such fire department when killed in the discharge of his duties as fireman, or in the case of death re'Sulting from injuries so received or disease contracted by reason of his duties as such, or for the further purpose of paying a pension to members who are unfit for service for having 'served for a period of not less than twenty (20) years on the department, such pension not to exceed in amount one-half (lJ2) of the monthly salary at the date of retirement, or for the purchase of insurance which would provide for any and all of the foregoing purposes for which such fund is author- ized; provided however, that the firemen'!'; 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 de- partment and equipment thereof and the city is hereby au- thorized to borrow the same and issue to the treasurer of the firemen's relief association its warrant therefor bearing inter- est payable semiannually at a rate of not to exceed six per centum (6';1<') per annum. (Code 1960, S 11-205) Sec. 12-48. Limitations on insurance. The firemen's relief association may provide insurance as provided in section 12-47 hereof, 'Subject to the following lim- itations: Sec. 12-48(1). Policies must be purchased, owned and held by the firemen's relief association of Salina. 518 e ~ 12-48 FIRE PROTECTION AND PREVENTION ~ 12-61 Sec. 12-48(2). Policies must name the firemen's relief as- sociation as beneficiary and must not contain a pro- vision which would permit the assured to change the beneficiary; Sec. 12-48(3). Life insurance must be term insurance only; and Sec. 12-48 ( 4). Policies must be limited to cover only ac- cidental injuries or disease suffered or contracted, or death resulting therefrom, by reason of duties as a member of the fire department; provided, however, that it will be permissable for said association to pur- chase policies giving twenty-four (24) hour coverage by requiring individual members to pay the additional cost over the limited coverage, which additional cost is hereby determined to be fifteen per cent (15%) of the total premium on the policy. (Code 1960, S 11- 206) e Sec. 12-49. Double benefits prohibited. No person having been a regularly paid member of the fire department of the city 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 1960, S 11-207) Sees. 12-50-12-59. Reserved. Article IV. Dangerous Structures.'\\ Sec. 12-60. Scope. In order to provide for making insecure or dangerous build- ings, walls or other structures safe and secure or removing the same, the definitions and procedures provided by this article shall prevail. (Code 1960, S 11-302) Sec. 12-61. Authority to enter and inspect. The chief of the fire department, who shall, for the purposes of this article be the city fire marshal, shall have power to e *Cross references-For buildings generally, see Ch. 9; for unhealthful structures, see ~ 15-24 et seq. 519 ~ 12-61 SALINA CODE ~ 12-63 enter into and examine all dwelling houses and other buildings and enclosures of every description in order to ascertain whether any of them is in a dangerous condition. (Code 1960, 9 11-301) Sec. 12-62. Defects enumerated. All buildings, walls and other structures having any or all of the following defects shall be deemed insecure or danger- ous: Sec. 12-62 (1). Those structurally unsafe and liable to fall and collapse or having vertical structural members or supports that list, lean or buckle to an extent that safety is questionable. Sec. 12-62(2). Tbose which show thirty-three per cent (330/0) or more of damage or deterioration of the 'Sup- porting members or fifty per cent (50 0/0) or more of damage or deterioration of the nonsupporting members enclosing or outside walls or covering. Sec. 12-62(3). Those which have an improperly distributed load upon the floors or roofs or on which the same are overloaded or which have insufficient iltrength to be reasonably safe for the purpose used. Sec. 12-62(4). Those which have been damaged by fire, wind, want of repair, or other causes so as to have become dangerous to life, safety or the welfare of the occupants or the people of the city. Sec. 12-62(5). Those which have become or are so dilapi- dated, decayed or unsafe that they are unfit for human habitation or likely to work injury to the health, safety or general welfare of those living therein. Sec. 12-62(6). Those walls which may fall and injure other property or the public and those buildings or structures having parts thereof which are so insecurely attached that they may fall and injure other property and the public. (Code 1960, S 11-303) Sec. 12-63. Procedure. Sec. 12-63(1). When the chief of the fire department, acting as fire marshal, shall be satisfied that a building, wall or other 520 e ~ 12-63 FIRE PROTECTION AND PREVENTION ~ 12-63 structure is insecure or dangerous, he shall file a report with the board of commissioners, which report shall give an ac- curate description of the location of the land on which the building, wall or other structure is situated, a description of the insecure or dangerous conditions of the building, wall or other structure and state that in his opinion the building, wall or other structure is insecure or dangerous and should be made safe and secure or removed as the case may be. e Sec. 12-63(2). The board of commissioners, if it is of the opinion that the building, wall or other structure should be rendered safe and secure or removed, shall adopt a resolution fixing a date, hour and place for a hearing and giving a description of the land on which the building, wall or other structure is situated, and such other description as may be deemed advisable and stating that the owner, his agent, or lienholder of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demoljshed. (Ord. No. 8056, 9 1, 12-15-69) Sec. 12~63(3). The resolution provided for in Section 12- 63 (2) shall be published once a week for two (2) consecutive weeks on the same day of each week. At least thirty (30) days shall elapse between the last publication and the date set for the hearing. A copy of said resolution shall be mailed by certified mail within three (3) days after its first publication to each such owner, agent, lienholder and occupant at his or its last known place of residence and shall be marked "Deliver to Addressee Only"; provided, that if the owner is a resident. of Saline County, the resolution shall be personally served within five (5) days on such order or delivered to their last known address in lieu of mailing the same, and in this case at least one week shaH elapse between the service on such owner and the date set for the hearing. (Ord. No. 8056, 9 1, 12-15-69) . Sec. 12-63 ( 4). At the time and place fixed by the resolu- tion for the hearing, the chief of the fire department, acting as fire marshal, shaH present such evidence as he may deem Supp. No.9 521 ~ 12-63 SALINA CODE ~ 12-63 necessary to show that the building, wall or other structure is insecure or unsafe and that it should be made secure and safe or removed. Sec. 12-63(5). The owner or owners shall be given a full opportunity to present evidence to show that the building, wall or other structure is not insecure or is not unsafe and that is no reason to repair it or to remove it. Sec. 12-63(6). All testimony shall be under oath and the mayor and city clerk shall be authorized to administer the necessary oaths. Sec. 12-63(7). If the board of commissioners is of the opin- ion that the building, wall or other structure is insecure or dangerous, it shall so find, and if the owner or owners do not appear or protest, the report of the chief of the fire depart- ment, acting as fire marshal, shall be taken as true. Sec. 12-63(8). Thereupon, the chief of the fire depart- ment, acting as fire marshal, shall give three (3) days' notice to the owner or owners if the owner or owners are known and if the addresses are known, and if the owner or owners is or are unknown, the chief of the fire department. acting as fire marshal, shall post a written notice on the building, wall or other structure stating that such building, wall or other structure is unsafe or dangerous and that if within such three (3) days the owner or owners shall not make the building, wall or other structure safe and secure or remove the same as provided by the order of the board of commissioners and. the notice of the chief of the fire department, acting as fire. marshal, shall make the building, wall or other structure l'Iafe and secure or remove the same keeping an account of the costs thereof: Provided, that if the building, wall or other structure cannot be made safe or removed within the three (3) days and repairs or removal are begun within the three (3) days, the chief of the fire department, acting as fire marshal, shall have power to extend the time for so long as he may deem reasonable, but he may, at any time in the event the owner Supp. No.9 522 e e e @ 12-63 FIRE PROTECTION AND PREVENTION @ 12-76 or owners fail to comply with said order with dispatch, take over the making of repairs or the removal. (Code 1960, S 11- 304; Ord. No. 8056, S 1, 12-15-69) Editor's note-Sec. 12-63 is derived f110m Code 1960, @ 11-304. Amend- ments to said section are indicated in the history note following the particular subsection affected and in the history note at the end of the secbon. No attempt at analysis is made by the editors. Sec. 12-64. Notice, levy of assessment when work done by city. If the owner or owners are known, the chief of the fire department, acting as fire marshal, shall give them written notice of the amount of cost incurred by the city in making the building, wall or other structure safe and secure or in removing it, and if the costs thereof are not paid by the time of certifying taxes and assessments to the county clerk, such costs shall be levied by the board of commissioners as a special assessment against the property. (Code 1960, S 11-305) Sec. 12-65. Authority to erect barricades. If any building, wall or other structure becomes in such ~ondition that the chief of the fire department, acting as fire marshal, is of the opinion that the walls or other portion of a building may at any time fall into the street, he shall have the power to erect barricades around such structure so as to protect the public until the procedure herein provided can be followed. (Code 1960, S 11-306) Sees. 12-66-12-75. Reserved. Article V. Fire Prevention* DIVISION 1. GENERALLY Sec. 12-76. Code adopted. The "Fire Prevention Code", Edition of 1970 recommended by the American Insurance Association, Engineering and *Cross references-For electrical code, see @ 9-108 et seq.; for gas code see @ 9-263 et seq.; fire extinguishers in mobile home courts, @ 21:33; transporting nitroglycerin prohibited, S 23-159. Supp. No. 14 523 ~ 12-76 SALINA CODE ~ 12-79 Safety Department, 85 John Street, New York, New York, 10038 and the whole thereof, save and except such sections, articles, chapters, parts or portions as are omitted or deleted and subject to such changes and additions as may be made by Article V of Chapter 12 of the Salina Code, is incorporated in this Code by reference to the same extent as if the same had been fully set out herein. (Code 1960, ~ 12-101; Ord. No. 6924, ~ 1, 6-20-66; Ord. No. 8005, ~ 1, 2-24-69; Ord. No. 8128, 9 1, 11-30-70) Amendment note-Ord. No. 8128, ~ 1, adopted the 1970 edition in lieu of the 1965 edition of the Fire Prevention Code. Sec. 12-77. Definitions for code. Where in this division "this code" is used, it shall refer to the fire prevention code hereby incorporated by reference, and where this code is referred to it shall mean this Code of Ordinances. Where "corporation counsel" is used in this code, it shall refer to the city attorney. (Code 1960, ~ 12-101; Ord. No. 6924, ~ 1, 6-20-66) Sec. 12-78. Establishing limits of districts in which bulk stor- age of liquefied petroleum gases is to be restricted. The limits referred to in Section 21.6a of the Fire Preven- tion Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: Fire Zones 1 and 2, as defined in Section 9-2 of the Salina Code. (Ord. No. 8222, ~ 1, 5-31-72) Amendment note-Ord. No. 8222, ~ 1, added ~ 12-78. Sec. 12-79. Establishing the limits of districts in which stor- age of explosives and blasting agents is to be pro- hibited within the city. The limits referred to in Section 12.5b of the Fire Preven- tion Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Fire zones 1 and 2 as defined in Section 9-2 of the Salina Code. (Ord. No. 8225, ~ 1, 5-31-72) Amendment note-Ord. No. 8225, ~ 1, added ~ 12-79. Supp. No. 14 524 e ~ 12-80 FIRE PROTECTION AND PREVENTION ~ 12-89 Sec. 12-80. Establishing limits of districts in which storage of flammable liquids in outside aboveground tanks is to be prohibited. The limits referred to in Section 16-22a of the Fire Preven- tion Code in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: Fire Zones 1 and 2, as defined in Section 9-2 of the Salina Code. (Ord. No. 8224, S 1, 5-31-72) Amendment note-Ord. No. 8224, ~ 1, added ~ 12-80. e Sec. 12-81. Prohibiting new bulk plants for flammable or combustible liquids within the city. The limits referred to in Section 16.61 of the Fire Preven- tion Code, in which new bulk plants for flammable or com- bustible liquids are prohibited, are hereby established as follows: Fire Zones 1 and 2, as defined in Section 9-2 of the Salina Code. (Ord. No. 8223, S 1, 5-31-72) Amendment note-Ord. No. 8223, ~ 1, added ~ 12-81. Sees. 12-82~12-88. Reserved. Editor's note-Ord. No. 8211, ~ 1, adopted May 30, 1972, repealed former S~ 12-83-12-88. Former ~ 12-82 was repealed by Ord. No. 8005, ~ 2, adopted Feb. 24, 1969. Sec. 12-89. Article 11 of code amended. Article 11 of the Fire Prevention Code is hereby amended to add the following: . "Section 11.6. Compliance with statutes." "In addition to the provisions of this article, Kansas Stat- utes Annotated 31-103 shall be fully complied with." (Ord. No. 8129, S 1, 11-30-70) Amendment note-Ord. No. 8129, ~ 1, amended ~ 12-89 by substituting "s 11.6" in lieu of "s 11.5". Supp. No. 14 525 ~ 12-90 SALINA CODE ~ 12-95 Sec. 12-90. Table 12.6 of code amended. Table 12.6, American Table of Distances for Storage of Ex- plosives, of the fire prevention code, is changed by adding thereto the following: Provided, that in no case shall the distance be less than required by K.S.A. 21-2447. (Code 1960, S 12-116) Sec. 12-91. Section 12.7 of code amended. Section 12.7 d and j, Transportation of Explosives, of the fire prevention code, is changed to read: d and j. "(a) Every vehicle while carrying explosives shall be marked or placarded on each side and the rear with the word 'explosives' in letters not less than eight (8) inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four (24) inches square marked with the word 'danger' in white letters six (6) inches high. (b) Every said vehicle shall be equipped with not less than two (2) fire extinguishers filled and ready for immediate use and placed at a convenient point on the vehicle so used." (Code 1960, S 12-117) Secs. 12-92, 12-93. Reserved. Editor's note-Ord. No. 8211, ~ 1, adopted May 30, 1972 repealed former ~~ 12-92 and 12-93. Sec. 12-94. Section 15.27 of code amended. Section 15-27, Storage and Handling of Flammable Liquids, Subdivision a of the fire prevention code, is hereby changed to read: "a. The storage and handling of flammable liquids shall be in accordance with the rules and regulations of the state fire marshal." (Code 1960, S 12-120) Sec. 12-95. Section 15.35 of code amended. Section 15.35, Storage and Handling of Flammable Liquids, of the fire prevention code, is hereby changed to read: "The storage and handling of flammable, dip-tank liquids, shall be in accordance with the rules and regulations of the state fire marshal," (Code 1960, S 12-121) Supp. No. 14 526 e ~ 12-96 FIRE PROTECTION AND PREVENTION ~ 12-113 Sees. 12-96-12-112. Reserved. Editor's note-Ord. No. 8211, ~ 1, adopted May 30, 1972, repealed former ~~ 12-96-12-112. See. 12-113. Violations. Any person who shall violate any provision of the fire pre- vention 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 e e Supp. No. 14 527 e ~ 12-113 FIRE PROTECTION AND PREVENTION ~ 12-119 statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken thereunder, shall severally for every such violation and noncompliance, respec- tively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons or corporations shall be required to correct or remedy such violations or de- fects within a reasonable time; and when not otherwise speci- fied each ten (10) days that prohibited conditions are main- tained shall constitute a separate offense. The application of a penalty shall not be held to prevent the enforced removal of prohibited conditions. (Code 1960, ~ 12-139) Sees. 12-114-12-118. Reserved. DIVISION 2. FIREWORKS e Sec. 12-119. Defined. . e Fireworks shall mean and include any combustible or ex- plosive composition, or any substance or combination of sub- stances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagra- tion or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explo- sives are used, the type of balloons which require fire under- neath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other devices con- taining any explosive substance, except that the term "fire- works" shall not include auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for the use of such caps, the sale and use of which shall be permitted at all times. (Code 1960, ~ 12-201; Ord. No. 6895; 12-6-65) 8'llpp. No.7 529 ~ '12~ 120 SALINA CODE ~ 12-122 Sec. 12-120. Manufacture- prohibited. The manufacture of fireworks is prohibited within the city. (Cade 1960, ~ 12-202; Ord. NO'. 6895, 12-6-65) Sec. 12-121. Storing, seIling, dealing in, using. Sec. 12-121 (1). 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 su'pervised public displays of fireworks by the municipality,' fair associations, amusement parks, and other organizations. Every such display shallbe 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 de- partment, after proper inspection, shall not be hazardous to property or endanger any person. Sec. 12-121 (2). 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 distribution of fireworks for such dis- play shall be lawful for that purpose only. No permit granted hereunder shall be transferable~ (Code 1960, ~ 12-202 ;Ord. No. 6895, 12-6..;65) Sec. 12-122. Liability insurance required for display. T~e permittee for a fireworks display shall file with the city clerk a policy of liability insurance issued by some com..; pany authorized to do business in the State of Kansas, which shall provide liability insurance coverage in an amount 01 at least one hundred thousand dollars ($100,000.00) for the p'ayment 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, em~ ployers or subcontractors. . (Code 1960, ~ 12-203; Ord. NO'. 6895, 12-6-65; Ord. No. 8007, ~ 1, 2-24-69) .:" i\rriendment note-Ord. No. 8007, ~ 1, amended ~ 12-122 by requiring- an insurance policy. Formerly said :section required a bond in an' amount deemed adequate by the chief of the fire department. SllPp. No.7 530 e S 12-123 FIRE PROTECTION AND PREVENTION S 12-126 Sec. 12-123. 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 fireworks remaining. (Code 1960, 9 12-204; Ord. No. 6895, 12-6-65) Sec. 12-124. Exceptions. Nothing in this division shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organi- zations. Such agencies shall store their supplies of fireworks in accordance with Section 12.6 of the fire prevention code (Storage of Explosives). (Code 1960, 912-205; Ord. No. 6895, 12-6-65 ) e Sec. 12-125. Seizure of violations. The chiefs 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 offered or exposed for sale, stored, or held in violation of this division. (Code 1960, 9 12-206; Ord. No. 6895, 12-6-65) Sec. 12-126. Nuisance declared; abatement. e The possession, storing, displaying for sale, selling, offering for sale, giving away, discharging, firing or using of any of the fireworks, pyrotechnics or other articles mentioned in [section] 12-119 at any place within the city or within one hundred (100) feet from the city limits of the city by any person, is hereby declared to be a nuisance and any such nuisance may be abated by injunction or otherwise as pro- vided for in K.S.A. 13-1417. Provided, that the remedy pro- vided for in this section is in addition to the penalty for violation of this division. (Code 1960, 9 12-207; Ord. No. 6895, 12-6-65; Ord. No. 6970, 9 1, 4-10-67) Amendment note-Ord. No. 6970, S 1, amended S 12-126 by changing 100 yards to 100 feet. Section 2 of said ordinance repealed original g. 12-126. Supp. No.3 531 ~ 12-127 SALINA CODE ~ 12-140 Sees. 12-127-12-131. Reserved. DIVISION 3. DRY CLEANING PLANTS Sec. 12-132. Regulations adopted. The "Rules and Regulations for Dry Cleaning Plants" pro- mulgated 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 1960, ~ 12-301) Sec. 12-133. Violations. Any person who shall violate any of the provisions of the rules and regulations for dry cleaning plants as incorporated by reference by the preceding section and who, after notice from the chief of the fire department, shall fail to correct any incorrect installation or operation within twenty (20) days after receiving such notice, shall be guilty of a misdemeanor. (Code 1960, ~ 12-302) Sees. 12-134-12-138. Reserved. DIVISION 4. LIQUEFIED PETROLEUM GASES* Sec. 12-139. Regulations adopted. The "Rules and Regulations Relating to the Liquefied Pe- troleum Gas Industry of the State of Kansas" promulgated and issued by the state fire marshal and filed with the Re- visor of Statutes, are hereby incorporated in this Code by reference and made a part hereof the same as if set out in full. (Code 1960, ~ 12-401) Sec. 12-140. Violations, penalty. Any person who shall violate any of the regulations as in- corporated by reference by section 12-139 shall be guilty of a misdemeanor. (Code 1960, ~ 12-402) *Cross references-For gas code generally, see ~ 9-63 et seq.; for further regulations on liquefied petroleum gas facilities and piping, see ~ 9-304 et seq. Supp. No. :I 532 e e e ~ 12-141 FIRE PROTECTION AND PREVENTION II 12-148 Sees. 12-141-12-145. Reserved. DIVISION 5. MISCELLANEOUS HAZARDS Sec. 12-146. 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 than 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 1960, ~ 12-502) Sec. 12-147. Open fires. No person shall set on fire, within the city, any leaves, grass, trash, rubbish or other combustible materials at any time, other than in commercial type incinerators; provided however, that the fire chief may designate periods when open fires will be permitted if regulations 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 constitute a hazard, smoke nuisance or be detri- mental to neighboring property or persons. Prior to the issuance of said permit, the fire chief or his designee may require such person to give assurance that he will comply with any and all safety precautions and conditions as may be pre- scribed by him. (Ord. No. 8008, ~ 1, 2-24-69) Amendment note-Ord. No. 8008, ~ 1, amended ~ 12-147 to read as set out. Formerly the fire chief was authorized to designate a period each spring and fall when open fires were permitted under circum- stances. Cross reference-Burning garbage, ~ 31-50. Sec. 12-148. Fires prohibited on streets. In no case shall any material be burned upon any aveune, street, alley or gutter within the city paved with Bitulithic, asphalt or concrete pavement or blocks or bricks. (Code 1960, ~ 12-502) Supp. No.7 533 ~ 12-149 SALINA CODE ~ 12-149 Sec. 12-149. Sale of gasoline on streets, sidewalks. It shall be unlawful for any person, either as principal or as the agent or representative of another, 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 fire limits of the city, any gasoline from any tank truck or similar ve- hicle wherein gasoline is transported for sale: Provided, that it is not intended and this section shall not operate against the sale and delivery of not to exceed three (3) gallons of gasoline upon the public streets and thoroughfares within the fire limits 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 stations 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 ex- ceptions to the provisions of this section are permitted, such delivery shall be made in a careful manner with due regard for the protection and safeguard against explosions or com- bustion and with regard to the protection of property and of travelers or pedestrians upon the public streets and sidewalks of the city. (Code 1960, S 12-503) Supp. No.7 [The next page is 559] 534 e Chapter 13 FLOOD CONTROL Art. I. In General, ~~ 13-1-13-10 Art. II. Flood Protection Works, g~ 13-11-13-17 Article I. In General Sec. 13-1. 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 1960, S 3-107; Ord. No. 6749, 11-18-63) Cross reference-Police power extended to city property, ~ 1-10. e Sec. 13-2. 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 1960, S 3-106; Ord. No. 674~, 11-18-63) Sec. 13-3. General ordinances applicable. All general ordinances of the city are hereby declared to be applicable to the above mentioned flood control property. (Code 1960, S 3-109; Ord. No. 6749, 11-18-63) Sec. 13-4. Trespassing on, damaging, interfering with prop- erty. It shall be unlawful for anyone to trespass, encroach upon, injure, damage, destroy or interfere with any of the flood control property belonging to the city. (Code 1960, S 3-110; Ord. No. 6749, 11-18-63) e Sec. 13-5. Manager to prepare regulations. The city manager is hereby authorized and directed to pre- pare such rules and regulations as may be necessary in regard supp. No. 12 559 ~ 13-5 SALINA CODE ~ 13-12 to the management and control of the flood control property owned by the city. (Code 1960, S 3-111; Ord. No. 6749, 11- 18-63 ) Sees. 13-6-13-10. Reserved. Article II. Flood Protection Works* Sec. 13-11. Findings of governing body. The governing body of the City of Salina hereby declares that in the public interest and for the protection of life and property of citizens of this city, this article is deemed neces- sary. (Ord. No. 8122, S 1, 11-16-70) Sec. 13-12. Flood protection works; city engineer to review plans for certain proposed construction or excava- tions. No construction or excavation or other works shall be made or commenced within one thousand (1,000) feet landward of the center line of any flood protection works defined as in- cluding levees, floodwalls and appurtenances or within a min- imum of five hundred (500) feet riverward and such further distance as may be determined necessary by the city engineer under certain circumstances then existing, of the center line of any flood protection works that may impair or endanger the proposed function of any such flood protection works; pro- vided, that any plan or proposal for such construction or excavation shall be submitted to the city engineer for exam- ination and determination as to the probability of any im- pairment or endangerment to such flood protection works by the proposed construction or excavation. (Ord. No. 8122, S 2, 11-16-70) *Editor's note-Artide II, ~~ 13-11-13-17, is derived from Ord. No. 8122, ~~ 1-7, enacted Nov. 16, 19'10. This ordinance did not amend this Code. Cross reference-Buildings, Ch. 9. Supp. No. 12 560 e ~ 13-13 FLOOD CONTROL ~ 13-17 Sec. 13-13. Issuance or denial of permit for construction or excavation. If the city engineer shall determine, upon good authority, that the proposed construction or excavation referred to in section 13-2 shall be detrimental or will impair or endanger the function of any flood protection works, permission for such construction shall be denied. However, if a determination that no impairment or endangerment of such flood protection works by such proposed construction or excavation may occur, a permit for such construction or excavation shall be issued by the city engineer after the applicant has fulfilled the pre- requisite requirements of the building code and other perti- nent ordinances. (Ord. No. 8122, 9 3, 11-16-70) e Sec. 13-14. Restricted or conditional permit. The city engineer may issue, within sound discretion and upon good authority, a restricted or conditional permit for such proposed construction or excavation. (Ord. No. 8122, 9 4, 11-16-70) Sec. 13-15. Withholding of grade sheet or building permit. The city engineer and the city building inspector may with- hold the Issuance of any grade sheet or bUIlding permit until complIance WIth thIS artICle. (Urd. No. ~1~~, S 5, 11-16-70) Sec. 13-16. Appeals from decision of city engineer. Any person, firm or corporation feeling aggrieved by the determinatIOn 01 the city engineer unaer the conaitions and terms 01 thIS artIcle may appeal in wnting to the board of commissioners of the city within ten (10) days of such de- termination by the city engineer. (Ord. No. 8122, 9 6, 11-16- 70) e Sec. 13-17. Penalty for violations. Any person, firm or corporation found guilty of a violation of this article shall be fined in a sum of not more than one Supp. No. 12 561 ~ 13-17 SALINA CODE ~ 13-17 thousand dollars ($1,000.00) or by imprisonment for a period of not exceeding six (6) months, or both such fine and im- prisonment, at the discretion of the court, and in addition thereto, shall restore to original condition any area involved in the violation. (Ord. No. 8122, ~ 7, 11-16-70) [The next page is 585] Supp. No. 12 562 - Chapter 14 FOOD AND FOOD HANDLERS Art. I. In General, ~~ 14-1-14-11 Art. II. Establishments, ~~. 14-12-14-65 Div. 1. Generally, ~~ 14-12-14-33 Div. 2. Sanitation Requirements, ~~. 14-34-14-65 Art. III. Milk and Milk Products, ~~ 14-66--14-104 Div. 1. Generally, ~~ 14-66--14-90 Div. 2. Permits, ~~ 14-91-14-104 Art. IV. Vending Machines, ~~ 14-105-14-170 Div. 1. Generally, ~~ 14-105-14-134 Div. 2. Sanitation Requirements, ~~ 14-135-14-170 Article I. In General - Sec. 14-1. Sale of unwholesome, adulterated food. Any person who shall sell, or offer or expose for sale, any unwholesome, decaying or stale food or provisions of any kind, or sell, or offer or expose for sale any adulterated milk, butter, lard or other article or provision, shall be guilty of a misdemeanor. (Code 1960, S 23-1133) Sees. 14-2-14-11. Reserved. Article II. Establishments~ DIVISION 1. GENERALLY Sec. 14-12. Compliance with article required. No establishment covered by this article shall be operated within the city, or its police jurisdiction unless it conforms with the requirements of this article. (Code 1960, S 13-407) Sec. 14-13. Definitions. The following definitions shall apply in the interpretation and the enforcement of this article: ':'Cross reference-Entertainment in food establishments, ~ 7-91 et seq. 585 ~ 14-13 SALINA CODE ~ 14-13 S~c. 14-13(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. Sec. 14-13(2). Bottling works means any establishment where beverages of any kind, except milk or milk products, are produced, prepared, manufactured and bottled or pre- pared for bottling. Sec. 14-13(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. Sec. 14-13 (4). Grocery stores and meat markets mean es- tablishments which sell, handle and deal in bulk or package food, meats and provisions for human consumption. Sec. 14-13(5). Health officer means the health officer of the joint city-county board of health or his authorized repre- sentative or assistant. Sec. 14-13(6). Itinerant restaurant means any restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering. Sec. 14-13(7). OJ_her establishme1'fts means any establish- ment, 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. Sec. 14-13 (8). Restaurant means restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, and all other public eating and drinking establishments, as well as kitchens in which food and drink are prepared for sale elsewhere to the public. Sec. 14-13(9). Utensils includes any kitchenware, table- ware, glassware, cutlery, utensils, containers or other equip- ment with which food or drink comes in contact during stor- age, preparation or serving. (Code 1960, ~ 13-401) 586 -.. - - e e e ~ 14-14 FOOD AND FOOD HANDLERS ~ 14-17 Sec. 14-14. Enforcement, interpretation. This article shall be enforced by the health officer in ac- cordance with the interpretations thereof contained in the 1962 edition of the U. S. Public Health Service Food Service Sanitation Ordinance and Code, a certified copy of which shall be on file at the office of the health officer. (Code 1960, ~ 13- 412) Sec. 14-15. Permits required; display required; exemption for itinerant restaurants. It shall be unlawful for any person who does not possess an unrevoked and unsuspended permit from the health officer and in whose place of business such permit is not posted in a conspicuous place, to operate in the city any restaurant, grocery store, meat market, bakery, bottling works, or other establishment where food or drink is prod~ced, sold, prepared or served. Only persons who comply with the requirements of this article shall be entitled to receive and retailt 'such a permit. A person conducting an itinerant restaurant may, ill the discretion of the health officer, be exempted from the re- quirements for the securing of a permit to such extent as may be authorized by the health officer. (Code 1960, ~ 13-402) Sec. 14-16. Application for permit required; fee established; prerequisites to issuance. No permit required by section 14-15 shall be issued by the health officer except on the filing of an application to the health officer on a form furnished by him for such purpose, and on payment by the applicant of a permit fee of ten dol- lars ($10.00) to the city clerk and until the establishment for which such permit is desired shall be inspected 'by the health officer and found him to comply in all respects with the requirements of this article. (Code 1960, ~ 13-403; Ord. No. 8416, ~ 1, 1-6-75) Cross reference--Fee for permits when not obtained in time; ~ 1-11. Sec. 14-17. Fees to be paid to treasury. All fees for permits required by section 14-16 shall be paid bto the city treasury. (Code 1960, ~ 13-403) Supp. No. 19 587 ~ 14-18 SALINA CODE ~ 14-2] Sec. 14-18. Expiration, renewal of permits. Every permit required by section 14-15 shall expire on De- cember thirty-first after the date of issuance and must be renewed on or before January first of each year. (Code 1960, S 13-403) Sec. 14-19. Examination, condemnation of unwholesome, adul- terated food or drink. Samples of food and drink may be taken and examined by the health officer as often as he deems neeessary for the de- tection of unwholesomeness or adulteration. The health officer may condemn and forbid the sale of, or CRuse to be removed or destroyed, any food or drink which he deems unwholesome or adulterated. (Code 1960, ~ 13-404) Sec. 14-20. Inspections required. As often as the health officer may deem necessary, and at least once every two (2) months, he shall inspect every es- tablishment covered by the terms of this article, located within the city. (Code 1960, ~ 13-405) Sec. 14-21. Second inspection required after violation; permit suspension, revocation for flagrant violation. In case the health officer discovers the violation of any item of sanitation required by this article, or other violation of any of the provisions of this article, he ~hall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this article, unless in the opinion of the health officer the violation is flagrant and of such nature =t~ to require imme- diate suspension or revocation of the permit, and in such event the health officer shall have authority to suspend or revoke such permit immediately on suc~ first inspection. (Code 1960, S 13-405) Supp. No. 19 588 e e e ~ 14-22 FOOD AND FOOD HANDLERS ~ 14-26 Sec. 14-22. Suspension, revocation of permit if violation per- sists. Any violation of the same item of this article on two (2) consecutive inspections shall call for immediate suspension of the permit, or the health officer may, after a hearing before a regular meeting of the board of commissioners, revoke such permit if in his opinion the violation of this article is of such nature as to require such revocation of the same. (Code 1960, SS 13-403, 13-405) Sec. 14-23. Removal of suspended, revoked permit. If a permit is revoked or suspended, the health officer shall remove the permit from the establishment to which it was issued and shall retain the same until such time as the same may be reinstated. (Code 1960, ~ 13-405) Sec. 14-24. Reinstatement of permits. Any establishment, the permit of which has been suspended or revoked, may at any time make application for the rein- statement of the permit. Within one week after the receipt of a satisfactory applica- tion, accompanied by a statement signed by the applicant to the effect that the violated item or items of the specifica- tions have been conformed with, the health officer shall make a reinspect ion, and thereafter as many additional reinspec- tions as he may deem necessary to assure himself that the applicant is again complying with the requirements, and, in case the findings indicate compliance, shall have authority to reinstate the permit. (Code 1960, S 13-408) Sec. 14-25. Use of poisonous substances. No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of utensils. (Code 1960, ~ 13:..409) Sec. 14-26. Diseased employees prohibited. No person who is affected with any disease in a communi- cable form or is a carrier of such diseasE' shall work in any 589 ~ 14-26 SALINA CODE ~ 14-33 restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in communicable form or of being a carrier of such disease. (Code 1960, ~ 13-410) Sec. 14-27. Notice of disease required. Notice shall be sent to the health officer immediately by the owner or manager of any establishment covered by this article or by the employee concerned if he or any employee contracts any infectious, contagious or communicable disease, or has a fever, a skin eruption, a cough lasting more than three (3) weeks, or any other suspicious symptoms. It shall be the duty of any such employee to notify such owner or manager immediately when any of said' conditions obtain, and if neither the manager nor the employee concerned noti- fies the health officer immediately when any of said conditions obtain they shall be held jointly and severally to have violated this section. A placard containing the foregoing provisions of this section shall be posted in all toilet rooms. (Code 1960, ~ 13-410) Sec. 14-28. Measures authorized when disease suspected. When suspicion arises as to the possibility of transmission of infpction from any restaurant employee, the health officer is authorized to require any or all of the following measures: Sec. 1J,-28 (1). The immediate exclusion of the employee from all restaurants; Sec. 1J,-28(2). The immediate closing of the reRtaurant con- cerned until no further danger of disease outbreak ex- ists, in the opinion of the health officer; Sec. 1J,-28 (3). Adequate medical examination by the health officer or a duly qualified physician of the employee and of his associates, with such laboratory examina- tions as may be indicated. (Code 1960, ~ 13-411) Sees. 14-29-14-33. Reserved. 590 e e . ~ 14-34 FOOD AND FOOD HANDLERS ~ 14-39 DIVISION 2. SANITATION REQUIREMENTS Sec. 14-34. Compliance required. All establishments covered by this article shaH comply with all of the items of sanitation set out in this division. (Code 1960, ~ 13-406) Sec. 14-35. General cleanliness. The premises of all establishments covered by this article shall be kept clean and free of litter or rubbish. (Code 1960, ~ 13-406 ) Sec. 14-36. Floors. The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. (C,)de 1960, ~ 13-406) Sec. 14-37. Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray. This shall include basement storerooms and basement workrooms. (Code 1960, ~ 13-406) Sec. 14-38. Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the en- trance of flies. (Code 1960, ~ 13-406) Sec. 14-39. Lighting. All rooms in which food and drink is stored, prepared or in which utensils are washed shall be well lighted. (Code 1960, S 13-406) 591 ~ 14040 SALINA CODE ~ 14-44 Sec. 14-40. Ventilation. All rooms in which food and drink is stored, prepared 01 served, or in which utensils are washed, shall be well venti- lated. (Code 1960, S 13-406) Sec. 14-41. Toilet facilities. Every establishment covered by this article shall be pro- vided with adequate and conveniently located toilet facilities for its employees, conforming with this Code and the ordi- nances of the city. In establishments hereafter constructed toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well lighted and venti- lated. Hand-washing signs shall be posted in each toilet room used by employees. In case privies or earth closets are per- mitted and used, they shall be separate from the building in which the establishment is located, and shall be of sanitary type constructed and operated in conformity with the stand- ards of the state board of health. (Code 1960, S 13-406) Sec. 14-42. Water supply. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be adequate, and of a safe sanitary quality. (Code 1960, S 13-406) Sec. 14-43. Lavatory facilities; duty to wash hands. Adequate and convenient hand-washing facilities for em- ployees shall be provided, including hot running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. (Code 1960, S 13-406) Sec. 14-44. Construction of utensils and equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, 592 e e e ~ 14-44 FOOD AND FOOD HANDLERS ~ 14-47 sinks and other equipment or utensils w;ed in connection with the operation of a restaurant or in the handling or display of meats or bulk foods of any kind shall be constructed as to be easily cleaned and shall be kept clean 9.nd in good repair. (Code 1960, S 13-406) See 14-45. Cleaning, bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contami- nating material. All cloths used by waiters, chefs and other employees shall be clean. Single service containers shall be used only once. All multi-use eating and drinking utensils shall be thorough- ly cleaned and effectively subjected to an approved bacteri- cidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thorough- ly cleaned and effectively subjected to an approved bactericidal process immediately following each day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. (Code 1960, S 13-406) Sec. 14-46. Storage, handling of utensils and equipment. After bactericidal treatment no utensil shall be stored ex- cept in a clean dry place protected from flies, dust, or other contamination, and no utensil shall be handled except in such a manner as to prevent contamination as far as prac- ticable. Single service utensils shall be purchased only in sani- tary containers, shall be stored therein in a clean dry place until used, and 'Shall be handled in a sanitary manner. Ice cream dippers and spoons shall be kept in running water. (Code 1960, S 13-406) Sec. 14-47. Disposal of wastes. All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance. (Code 1960, S 13-406) 593 ~ 14-48 SALINA CODE ~ 14-52 See. 14-48. Refrigeration. All readily perishable food or drink shall be kept at or below fifty degrees (500) Fahrenheit, except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of. (Code 1960, ~ 13-406) See. 14-49. Wholesomeness of food and drink. All food and drink shall be wholesome and free from spoil- age. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from sources approved by the health officer. Milk and fluid milk products shall be served in the original containers in which they were received from the dis- tributor or from a bulk container equipped with an approved dispensing d'evice: Provided, that this requirement shall not apply to cream which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams and mussels shall be from approved sources. (Code 1960. ~ 13-406) Sec. 14-50. Storage, display of food and drink; animals pro- hibited; elimination of flies. All food and drink shall be so stored and displayed above the floor and in such a place as to be protected from dust, flies, vermin, unnecessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowl shall be kept or allowed in any room in which food or drink is pre- pared or stored. All means necessary for the elimination of flies shall be used. (Code 1960, ~ 13-406) Sec. 14-51. Cleanliness of employees. All employees shall wear clean garments and shall keep clean at all times while engaged in handling food, drink, uten- sils or equipment. (Code 1960, S 13-406) Sec. 14-52. Storage of soiled linens, coats, aprons. Soiled linens, coats and aprons shall be kept in containers provided' for this purpose. (Code 1960, S 13-406) 594 e e ~ 14-53 FOOD AND FOOD HANDLERS ~ 14-66 Sec. 14-53. Lockers, dressing rooms. Adequate lockers or dressing rooms shall be provided for employee's clothing and shall be kept clean. (Code 1960, S 13-406 ) Sec. 14-54. Use of living or sleeping quarters. None of the operations connected with any establishments shall be conducted in any room used as living or sleeping quarters. (Code 1960, S 13-406) Sec. 14-55. Requirements for itinerant restaurants. Itinerant restaurants shall be constructed and operated in a manner approved by the health officer. (Code 1960, S 13- 406) Sees. 14-56-14-65. Reserved. Article III. Milk and Milk Products DIVISION 1. GENERALLY Sec. 14-66. Definitions. As used i,n this article: Sec. 14-66(1). Limits of routine inspection shall include all the area or territory surrounding the city in which are located dairy farms supplying grade A raw milk for pasteur- ization to milk plants or public dairies which are situated within the city or its police jurisdicton; provided, that if the owner of any dairy herd, dairy farm, milk plant or public dairy located outside the limits of routine inspection, as here- in defined, shall request inspection by the sanitarian of the city, he may make such inspection and the fee therefor shall be the actual cost of such service. Sec. 14-66(2). Milk p1'oducts shall be taken to mean and in- clude cream, half and half, reconstituted half and half, whipped cream, whipping cream, concentrated milk, concentrated milk products, skim milk, nonfat milk, defatted milk or low fat milk, 595 S 14-66 SALINA CODE S 14-68 flavored milk, flavored drink, flavored reconstituted milk, fla- vored reconstituted drink, buttermilk, cultured buttermilk, cul- tured milk, vitamin D milk, reconstituted or recombined milk, reconstituted cream, reconstituted skim milk, and any other product made by the addition of any substance to milk or to any of these milk products and used for similar purposes and designated as a milk product by the health officer; provided, that this definition is not intended to include such products as evaporated milk, condensed milk, butter, sterilized milk or cream and eggnog which do not require refrigeration, cheese, cottage cheese or creamed cottage cheese, except when they are combined with other substances to produce rconstituted milk or cream or any other product defined herein. Eggnog products which constitute alcoholic liquor under the laws of this state and ice cream and frozen desserts shall not be desig- nated as milk products under this article, but they shall be regulated under state statutes and ordinances of the city; if any, which are specially applicable to 'Such proilucts. Sec. 14-66(3). Police jurisdiction refers to the jurisdiction of the city and its officers over all places within five (5) miles of the corporate limits of the city for the enforcement of health ordinances and regulations of the city, as provided by K.S.A. 13-512, 13-2010 and 14-307 ~md any amendments thereto. (Ord. No. 6594, S 13, 1-9-62) Sec. 14-67. Statutes adopted. Chapter 65, Article 7 of Kansas Statues Annotated, is here- by incorporated by reference herein and made a part of this article as if the same had been set out in full herein, excepting only such parts or portions thereof as are specifically changed, omitted or added to in this article. (Ord. No. 6594, S 1, 1-9-62) Sec. 14-68. Kansas Statutes Annotated, Section 65-737(b) omitted. K.S.A. 65-737 (b) is hereby expressly omitted from this article. (Ord. No. 6594, S 2, 1-9-62) 596 e ~ 14-69 FOOD AND FOOD HANDLERS ~ 14-72 Sec. 14-69. Licensing and penalty provisions of statutes omitted. The licensing and penalty provisions of Chapter 65, Article 7 of Kansas Statutes Annotated are hereby expressly omitted from this article. (Ord. No. 6594, S 3, 1-9-62) e Sec. 14-70. Ordinance and code adopted. The unabridged form of the Milk Ordinance and Code- 1965 Recommendations of the Public Health Service, U. S. Department of Health, Education and Welfare, Public Health Service Publication No. 229, is hereby incorporated by refer- ance herein and made a part of this article as if the same had been set out in full herein, such parts or portions thereof as are specifically changed, omitted or added to in this article: Provided, that the words "municipality of ~~m~~~~~___m" in said unabridged form shall be understood to refer to and for the purpose of this article, they shall refer to the City of Salina, Kansas: Provided further, that in said unabridged form, all parenthesis marks enclosing words referring to degrading shall be understood to be, and for the purpose,; of this article, they shall be omitted. (aid. No. 6594, S 4, 1-9-62) Sec. 14-71. Portions of ordinance and code omitted. Paragraph K or Section 1, and all of Sections 8, 11, 16, 17 and 18 of the Milk Ordinance and the corresponding provisions of the Milk Code-1965 Recommendations are hereby omitted from this article. (Ord. No. 6594, S 5, 1-9-62) . Sec. 14-72. Code amended. For the purpose of this article, Paragraph R, Section 1 of the Milk Code-1965 Recommendations of the public health fiervice is amended to read as follows: "R. The term 'health officer' shall mean the health officer or his duly authorized representative." (Ord. No. 6594, S 6, 1-9-62) 597 ~ 14-73 SALIN A CODE ~ 14-76 Sec. 14-73. "Pasteurization" defined. The terms "pasteurization", "pasteurized" and similar terms shall be taken to refer to the process of heating every particle of milk or milk products to at least one hundred fifty degrees (1500) Fahrenheit and holding it at such tem- perature continuously for at least thirty (30) minutes, or to at least one hundred and sixty-six degrees (1660) Fahrenheit and holding it at such temperature continuously for at least fifteen (15) seconds, in approved and properly operated equip- ment. (Ol'd. No. 6594, ~ 7, 1-9-62) Sec. 14-74. Tuberculin testing, certification required. A tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every twelve (12) months thereafter, by a licensed veteri- narian approved by the state livestock sanit.ary commissioner. Said tests shall be made and reactors disposed of in accord- ance with the requirements approved by the state livestock sanitary commission for accredited herds. A certificate signed by the veterinarian and filed as directed by the health officer shall be evidence of the above test. Every animal must be described and ear tag numbers given. (Ord. No. 6594, ~ 8, 1-9-62) Sec. 14-75. Requirements for milk for pasteurization; brucel- losis testing. Milk for pasteurization shall be from Kansas-Federal Plan A, as certified by the Kansas Livestock Sanitary Commission- er's office. All additions to the herd shall be brucellosis-free. Copies of the brucellosis tests, certified by the state livestock sanitary commission, must be on file as directed by the health officer. Every animal must be described and ear tag numbers given. (Ord. No. 6594, ~ 8, 1-9-62) Sec. 14-76. Cows excluded from milking herd. Cows which show a complete induration of one quarter of extensive induration in one or more quarters of the udder upon physical examination, whether secreting abnormal milk 598 e e e ~ 14-76 FOOD AND FOOD HANDLERS ~ 14-80 or not, shaM be permanently excluded from the milking herd; provided, that this shall not apply in the case of a quarter that is completely dry. Cows giving blood'y, stringy or other- wise abnormal milk, but without entire or extensive indura- tion of the udder, shall be excluded from the herd until re- examination shows that the milk has become normal. (Ord. No. 6594, S 8, 1-9-62) Sec. 14-77. Additional tests, examinations required; disposal of diseased animals, reactors. Such tests and examinations as the health officer may re- quire after consultation with state livestock sanitary officials, shall be made at intervals and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require. (Ord. No. 6594, ~ 8, 1-9-62) Sec. 14-78. Floors and gutters. The floors and' gutters of that portion of th~ barn, stable or parlor in which cows are milked shall be constructed of concrete, or other approved, impervious, and easily-cleaned material. Floors and gutters 'Shall be graded so as to drain properly, and shall be kept clean and in good repair. (Ord. No. 6594, ~ 9, 1-9-62) Sec. 14-79. Other livestock prohibited in milking barn. No swine, fowl, horses, dry cows, calves or bulls shall be permitted in the milking barn, stable, or parlor. (Ord. No. 6594, ~ 9, 1-9-62) Sec. 14-80. Water supply. Water for all dairy purposes shall be from a supply prop- erly located, protected, and' operated, and shall be easily accessible, adequate and of a safe, sanitary quality; provided, no well head, well casing, pump, pumping machinery, valve connected with the suction pump, or exposed suction pipe shall be located in any pit, room or space extending below 599 ~ 14-80 SALINA CODE ~ 14-84 ground level; provided further, that pumping equipment and appurtenances may be located in a residential basement which is not subject to flooding. (Ord. No. 6594, S 10, 1-9-62) Sec. 14-81. Milk to be certified pasteurized or grade A pas- teurized. No milk or milk products shall be sold to the final con- sumer, or to restaurants, soda fountains, grocery stores or similar establishments, except certified pasteurized and grade A pasteurized; provided, that when any milk distributor fails to qualify for one of the above gradeD, the health officer is authorized to suspend his permit until such time that the milk distributor is qualified again. (Ord. No. 6594, S 11, 1-9-62) Sec. 14-82. Cleanliness of bulk tanks. After each day's use of a bulk milk tank for farm pick-up, the tank shall be cleaned, sanitized and both the dome and the cabinet sealed. With approval from the health department, in cases where the tank is only cleaned ~fter use, stored and then sanitized later before the next use, after such cleaning both the dome and the cabinet shall be sealed and the seal on the dome shall not be broken during the sanitizing process. (Ord. No. 6594, S 12, 1-9-62) Sec. 14-83. Inspections, examinations to be made by sani- tarian. The sanitarian of the health department shall make only such inspections of dairy herds, dairy farms, public dairies und milk plants, and shall make only such examinations of milk and milk products as are specifically permitted under the provisions of K.S.A. 65-737 through 65-742. (Ord. No. 6594, S 14, 1-9-62) Sec. 14-84. Milk, milk products permitted. It shall be unlawful for any person to move into, deliver or E'ell within the city or its police jurisdiction any milk or milk products for human consumption except: 600 e ~ 14-84 FOOD AND FOOD HANDLERS S 14-90 Sec. 14-84(1). Grad8 A raw milk for pasteurization, grade A pasteurized milk products which have been inspected by either the sanitarian of the health department or by a state agency or political subdivision of the state, and which have been currently designated grade A and which currently have a ninety per cent (90'10) survey rating as determined by the Kansas state board of health. e Sec. 11,-84(2). Raw milk for pasteurization produced out- side of this state and milk and milk products produced and pasteurized outside of this state, and beyond the limits of inspection of the sanitarian of the health department, state agencies and political subdivisions of the state may be moved into, aelivered and sold for human consumption within the city and its police juris- diction only if they have at least a ninety per cent (90'10) survey rating as determined by the Kansas state board of health; provided, that this entire section 14-84 shall not apply to milk delivered to a milk plant and sold for manufacturing purposes only, in accord- ance with Regulations No. 4-7-60 of the Kansas state board of agriculture. (Ord. No. 6594, S 15, 1-9-62) Sec. 14-85. When approval of health officer required. Approval of the health officer must be secured before: Sec. 14-85(1). Any new kinds of milk or miJ.k products are introduced for sale in the city; Sec. 14-85(2). Any existing labels on any milk or milk products are changed or altered; Sec. 14-85(3). Any existing containers of milk or milk products are changed or altered either in size or com- position. (Ord. No. 6594, S 16, 1-9-(2) . Sees. 14-86-14-90. Reserved. 601 ~ 14-91 SALINA CODE ~ 14-93 DIVISION 2. PERMITS Sec. 14-91. Required. It shall be unlawful for any person to move into, to deliver or to receive within the city or its police jurisdiction any milk or milk products permitted to be sold for human consumption therein under the provisions of section 14-84, without first npplying for and securing a city milk permit from the Salina- Saline County Health Department. (Ora. No. 6594, S 17, 1-9-62) Sec. 14-92. Application required; contents. Applications for city milk permits must be made in writing and filed with the health officer. Every application shall state and include: Sec. 14-92(1). The name and address of the applicant, and whether the applicant is a milk producer, milk hauler, milk distributor delivering door to door, milk distrib- utor operating a retail store or eating establishment, milk producer-distributor, or the operator of a milk plant, and the applicant's principal place of business; Sec. 14-92(2). The kinds of milk or milk products for which he seeks a city milk permit. Sec. 14-92(3). If the applicant's milk or milk products are not produced and pasteurized within the limits of in- spection of the sanitarian of the health department, the applicant must furnish proof that the state board of health has determined that such milk or milk prod- ucts have a current survey rating of at least ninety per cent (90%) within the current rating period. (Ord. No. 6594, S 18, 1-9-62) Sec. 14-93. Examination of application; issuance. Whenever an application for a milk permit is filed with the health officer, he shall examine the application and deter- mine whether the application complies with the requirements of section 14-92 above. If he approves the application, he 602 e e e ~ 14-93 FOOD AND FOOD HANDLERS ~ 14-94 shall thereupon issue a milk permit to the applicant, if the applicant shall pay the permit fees required under section 14-94. (Ord. No. 6594, S 19, 1-9-62) Sec. 14-94. Fees. In order to provide funds for payment of the actual cost of the services performed by the sanitarian in making bacterial, butterfat, temperature and coliform determinations of milk and milk products moved into, distributed within or sold with- in the city or its police jurisdiction and for payment of the actual cost of the inspection services performed by the sani- tarian in determining that milk or milk products meet the requirements of this article for Grade A raw milk for pas- teurization, Grade A pasteurized milk and Grade A pasteurized milk products, each person holding a milk permit shall be re- quired annually on or before January fkst to pay to the health department the following fees for a permit: Sec. 14-94(1). Holder of a milk producer's permit $3.00 Sec. 14-94(2). Holder of a milk hauler's permit _h___ 3.00 Sec. 14-94(3). Holder of a door-to-door milk dis- tributor's permit m__mh____mm____mm_. m___m____h______ 3.00 For the first truck and $1.00 for each additional truck. Sec. 14-94 ( 4). Holder of a milk plant operator's permit _______m____m_mnm_h___mm___mm._mC________ No charge Sec. 14-94(5). Holder of a milk producer-distributor's p ermi t _____________n____hn_____________h______n .nn____________n_nnn 1.00 per sample on the estimated number of samples of milk and milk products to be taken for routine testing during each grading period for one year, plus an addi- tional charge of $40.00 per year as a service charge. After the first three (3) months of the calendar year, any producer-distributor making application for a li- cense to bring milk or milk products into the city shall be charged the same as above except that the service charge shall be on a pro rata bai'lis for the remainder of the year. 603 S 14-94 SALINA CODE S 14-105 If during any year after January first an application for a milk permit is made, such applicant, before a permit may he issued to him, shall pay the annual permit fee as provided above. (Ord. No. 6594, ~ 20, 1-9-62) Cross reference-F'ee for permits when not obtained in time, S 1-11. Sees. 14-95-14-104. Reserved. Article IV. Vending Machines DIVISION 1. GENERALLY Sec. 14-105. Definitions. The following definitions shall apply in the interpretation and the enforcement of this article: Sec. 14-105 (1). Adulterated. A food is :ldulterated: (a) If it bears or contains any poisonous or deleteri- ous substance which may be injurious to health: (b) If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; (c) If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is other- wise unfit for human consumption; (d) If it has been prepared, packed or stored under insanitary conditions whereby it may have become contaminated with filth, or rendered injurious to health; or (e) If the container is composed in whole or in part of a poisonous or deleterious substance which may render the contents injurious to health. Sec. 14-105(2). Approved shall mean approved by the health authority having jurisdiction in the city. Sec. 14-105(3). Commissary shall mean commissary, cater- ing establishment, restaurant or any other place in which food, beverage, ingredients, containers or supplies are kept, handled, prepared or stored, and directly from which vending machines are serviced. 604 e e e ~ 14-105 FOOD AND FOOD HANDLERS ~ 14-105 Sec. 14-105(.4). Employee shall mean any operator or any person employed by him who handles any food, beverage or ingredient to be dispensed through vending machines, or who comes into contact with food contact surfaces of containers, equipment, utensils or packaging materials used in connection with vending machine operations, or who otherwise services 01' maintains one or more such machines. Sec. 14-105(5). Food shall mean any raw, cooked or processed edible substance, beverage or ingredient med or intended for use in whole or in part, for human consumption. Sec. 14-105(6). Health authority 'Shall mean the health au- thority having jurisdiction in the city or an authorized rep- resentative thereof. Sec. 14-105(7). Hot liquid food or beverage shall mean liquid food or beverage, the temperature of which at the time uf service to the consumer is at least one hundred and fifty degrees (1500) Fahrenheit. Sec. 14-105(8). Machine location shall mean the room, en- closure, space or area where one or more vending machines are installed and operated. Sec. 14-105(9). Misbranding shall mean the use of any written, printed or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to such products so dispensed, which is false or misleading, or which violates any applicable local, state of federal labeling re- quirements. Sec. 14-105(10). Operator shall mean any person, who by contract, agreement or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines. Sec. 14-105(11). Product contact surface shall mean any surface of the vending machine, appurtenances or containers which comes into direct contact with any food, beverage or ingredient. 605 ~ 14-105 SALINA CODE ~ 10-107 Sec. 14-105(12). Readily perishable foods shall mean any food or beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of micro- organisms which can cause food infections or food intoxi- cation: Provided, that products in hermetically sealed con- tainers processed by heat to prevent spoilage and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition. Sec. 14-105(13). Single service article shall mean any uten- sil, container, implement or wrapper intended for use only once in the preparation, storage, display, servic~ or consump- tion or food or beverage. Sec. 14-105(14). Vending machine shall mean any self- service device offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package. without the necessity of replenishing the device between each vending operation. (Code 1960, S 13-701) Sec. 14-106. Violations. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor. In addition thereto, such person may be enjoined from continuing such violation. Each and every violation of the provisions of this article shall constitute a separate offense. (Code 1960, S 13-709) Sec. 14-107. Sale of products from commissaries outside jur- isdiction of health authority. Foods, beverages and ingredients from commissaries out- bide the jurisdiction of the health authority of the city may be sold within the city if such commissaries conform to the provisions of the food establishment sanitation regulations of the city or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health authority may accept reports from the responsible authority in the jurisdiction where the commissary or com- missaries are located. (Code 1960, S 13-708) 606 e e e ~ 14-108 FOOD AND FOOD HANDLERS ~ 14-108 Sec. 14-108. Permit required. It shall be unlawful for any person to engage in the oper- ation of one or more vending machines in the city or its police jurisdiction who does not possess a currently valid operator's permit from the health authority. (Code 1960, ~ 13-702) Sec. 14-109. Compliance prerequisite to permit. Only persons who comply with the provisions of this article shall be entitled to receive and retain a permit required by this article. (Code 1960, S 13-702.) Sec. 14-110. Application required; contents. Any person desiring to operate one or more vending ma- chines in the city shall make application in writing to the f.ealth authority on forms provided by the health authority. Such applicant shall provide the following information: Sec. 14-110(1). The applicant's full name, residence and post office address, and whether such applicant is an individual, firm or corporation. If any partnership exists, the names of the partners, together with their addresses shall be included. Sec. 14-110(2). The location of the commissary or commis- saries, and of other establishments where supplies are kept and where vending machines are repaired or reno- vated. Sec. 14-110(3). The identity and form of the products to be dispensed through vending machines and the number of each such type vending machine in his possession. Sec. 14-110 (4). The signature of the applicant or applicants. (Code 1960, S 13-702) Sec. 14-111. Investigation of application; issuance of permit; transferability. Upon receipt of an application for a permit hereunder, the health authority shall make an inspection of the commissary, servicing and transport facilities, and representative machine and machine locations to determine compliance with the pro- 607 ~ 14-111 SALINA CODE ~ 14-116 visions of this article. A numbered operator's permit shall be issued' to the applicant by the health authority after com- pliance by the operator with the applicable provisions of this article. Such permits shall not be transferable. (Code 1960, ~ 13-702) Sec. 14-112. Permit number to be displayed on machines. The operator's permit number, of a size and style approved by the health authority, shall be conspicuously displayed on each vending machine operated by him. (Code 1960, S 13-702) Sec. 14-113. List of machines and commissaries required. In order to hold and retain an operator's permit, the oper- ator shall maintain, within the jurisdiction of the health authority, a list of all vending machines operated by him and their location and of all commissaries or other establishments from which his machines are serviced. This information shall be available to the health authority upon request. (Code 1960, ~ 13-702) Sec. 14-114. Notice of changes in operations required. In order to hold' and retain an operator's permit, the oper- ator shall notify the health authority of any change in oper- ations involving new types of vending machines, or conversion of existing machines to dispense products other than those for which the permit was issued. (Code 1960, ~ 13-702) Sec. 14-115. Permit suspension, revocation authorized. After an opportunity for a hearing, and following the pro- cedures provided in sections 14-123 through 14-125, an oper- ator's permit may be temporarily suspended by the health authority upon violation by the permit holder of any of the provisions of this article or may be revoked upon serious or repeated violation of such provisions. (Code 1960, S 13-702) Sec. 14-116. Orders requiring immediate correction of con- ditions. Notwithstanding any other provisions of this article, whenever the health authority finds grossly insanitary or 608 e e .. ~ 14-116 FOOD AND FOOD HANDLERS S 14-119 other conditions involving the operation of any vending ma- chine or commissary which, in his opinion, involves a sub- stantial hazard to the public health, he may, without notice 01' hearing, issue a written order to the operator citing the existence of such condition and specifying corrective action to be taken and, if deemed necessary, requiring immediate discontinuance of operation. Such order shall be effective immediately and shall apply only to the vending machine, commissary or product involved. Any operator to whom such order is issued shall comply therewith, but upon petition to the health authority, shall be afforded' a hearing as soon as possible. When necessary corrective action has been taken, and on the request of the operator, the health authority shall make a reinspection to determine whether operations may be resumed. (Code, 1960, 9 13-702) Sec. 14-117. Action after hearing on notice or order. After any hearing held under the provisions of this article, the health authority shall sustain, modify or rescind any notice or order considered in the hearing. (Code 1960, 9 13-702) Sec. 14-118. Reinstatement of permit. Any operator whose permit has been suspended may at any time make application for the reinstatement of the permit. Within ten (10) days after the receipt of a written appli- cation, accompanied by, or including, a statement signed by the operator to the effect that the violated tenrl or terms of this article have been complied with, the health authority shall make a reinspection. If the applicant is again comply. ing with the terms of this article, the permit shall be re- instated. (Code 1960, 9 13-702) Sec. 14-119. Adulterated, misbranded food or drink prohib- ited. It shall be unlawful for any person within the city to sell, offer, or expose for sale, through vending machines, or to have in possession with intent to sell therefrom, any food, beverage or ingredient which is adulterated or misbranded. (Code 1960, 9 13-703) 609 ~ 14-120 SALINA CODE !l 14-124 Sec. 14-120. Authority to take, examine samples. Samples of food, beverage or ingredient may be taken and examined by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. (Code 1960, ~ 13-703) Sec. 14-121. Impounding, forbidding sale of adulterated, mis- branded food or drink. The health authority may, on written notice to the operator, impound and forbid the sale of any food or beverage which is adulterated or misbranded, or which he has probable cause to believe to be adulterated or misbranded. (Code 1960, ~ 13-703) Sec. 14-122. Disposition of misbranded, adulterated food or drink. After the operator has been given an opportunity for a hearing, the health authority may cause to be removed or destroyed any food or beverage which is adulterated or mis- branded: Provided, that in the case of misbranding which can be corrected by proper labeling, such food or beverage may be released to the operator for correct labeling under the supervision of the health authority. (Code 1960, ~ 13-703) Sec. 14-123. Inspections authorized. The health authority shall inspect the servIcmg, main- tenance and operation of vending machines dispensing readily perishable foods and commissaries at least once every six (6) months. Vending machines dispensing other than readily perishable foods may be inspected by the health authority as often as deemed necessary. (Code 1960, ~ 13-704) Sec. 14-124. Health authority's right of entry; accessibility to machine interiors. The health authority after proper identification shall be permitted to enter at any reasonable time, upon any private or public property within the city where vending machines 610 e e e S 14-124 FOOD AND FOOD HANDLERS 9 14-126 or commissaries are operated, or from 'which such machines are otherwise serviced, for the purpose of determining com- pliance with the provisions of this article. The operator shall make provision for the health authority to have access, either in company with an employee or otherwise, to the interior of all vending machines operated by him. (Code 19,60, S 13- 704) Sec. 14-125. Notice of violations. Whenever the health authority discovers a violation of any provision of this article, he shall notify the operator con- cerned. Such notice shall: Sec. 14-125(1). Describe the condition found and state which section of this article is violated by such con- dition ; Sec. 14-125(2). Provide a specific and reasonable period of time for the correction of the condition; and Sec. 14-125(3). State that an opportunity for a hearing on inspection findings will be provided if a written re- quest for such hearing is filed with the health authority within ten (10) days of receipt of thi;l notice. The health authority may advise the operator in writing that un- less the violations are corrected within the specified period of time, any permit issued under the provisions of this article may be suspended or revoked, in accord- ance with provisions of sections 14-115 through 14-118, or court action may be initiated. (Code 1960, S 13-704) Sec. 14-126. Diseased employees prohibited. No employee with any disease in a communicable form, or who is a carrier of such disease, shall work in any commissary or in vending machine operations in any capacity which brings him into contact with the production, handling, storage or transportation of foods, beverages, ingredients or equipment used in vending machine operations; and no operator shall employ in any such capacity any such person, or any person suspected of having any disease in a communicable form, or of being a carrier of 'Such disease. Any E:mployee who has a discharging or infected wound, sore or lesion on hands, arms 611 ~ 14-126 SALINA CODE ~ 14-135 or any exposed portion of the body shall be excluded from those operations which will bring him into contact with foods, beverages, utensils or equipment used in vending machine operations. (Code 1960, ~ 13-706) Sec. 14-127. Notice of disease or suspected disease. Any operator among whose employees there occurs a com- municable disease or who suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, shall notify the health authority immediately. (Code 1960, S 13-706) Sec. 14-128. Measures authorized when infection suspected. When suspicion arises as to the possibility of transmission of infection from any employee, the health authority is au- thorized to require any or all of the following measures: Sec. 14-128(1). The immediate exclusion of the employee from all commissaries and vending machine operations. Sec. 14-128(2). The immediate closing of the commissaries and operations concerned until, in the opinion of the health authority, no further danger of disease outbreal{ exists. S0C. 14-128(3). Adequate medical examinations of the em- ployee and of his associates, with such laboratory examinations as may be indicated. (Code 1960, 9 13-707) Secs. 14-129-14-134. Reserved. DIVISION 2. SANITATION REQUIREMENTS Sec. 14-135. Products to comply with laws, regulations. All foods, beverages and ingredients offered for sale through vending machines, shall be manufactured, processed and prepared in commis'Saries or establis"hments which com- ply with all applicable local, state and federal laws and regu- lations. (Code 1960, S 13-705) 612 e ~ 14-136 FOOD AND FOOD HANDLERS ~ 14-139 Sec. 14-136. General wholesomeness; freedom from spoilage, contamination, adulteration. All foods, beverages and ingredients offered for sale through vending machines shall be wholesome and free from spoilage, contamination and adulteration. (Code 1960, ~ 13- 705) Sec. 14-137. Sanitary packaging, handling, transporting, vending. All foods, beverages and ingredients shall be stored or packaged in clean protective containers, and shall be handled, transported and vended in a sanitary manner. Wet storage of packaged products is prohibited. (Code 1960, ~ 13-705) e Sec. 14-138. Manner of dispensing readily perishable foods generally. Readily perishable foods offered for sale through vending machines shall be dispensed to the consumer in the individual original container or wrapper into which it was placed at the commissary or at the manufacturer's 01' processor's plant, or such products shall be dispensed into single service con- tainers. In those vending machines dispensing readily perishable foods, beverages or ingredients in bulk, the bulk supplies of such foods, beverages or ingredients shall be transferred only to a bulk vending machine container and appurtenance which are clean and have been subjected to an approved bactericidal process. (Code 1960, ~ 13-705) e Sec. 14-139. Temperature of readily perishable foods. Readily perishable foods or ingredients within the vending machine shall be maintained at a temperature not higher than fifty degrees (500) Fahrenheit, or a temperature not lower than one hundred and fifty degrees (1500) Fahrenheit. Vending machines dispensing readily perishable foods shall be provided with controls which insure the maintenance of these temperatures at all times: Provided, that an exception 613 ~ 14-139 SALINA CODE ~ 14-141 may be made for the actual time required to fill or otherwise service the machine and for the maximum recovery period of thirty (30) minutes following completion of filling or ser~ vicing operations. Such controls shall also place the machine in an inoperative condition until serviced by the operator, in the event of power failure or other conditions, which per- mits the food storage compartment to attain a temperature above fifty degrees (500) Fahrenheit, 1)1' below one hundred and fifty degrees (1500) Fahrenheit, whichever is applicable. Vending machines dispensing readily perishable food shall be provided with a thermometer which, to an accuracy of plus or minus two degrees (20) Fahrenheit, indicates the air tem- perature of the food storage compartment. (Code 1960, ~ 13-705) Sec. 14-140. Manner of dispensing milk, fluid milk products generally. Milk and fluid milk products offered for sale through vend- ing machines 'Shall be dispensed only in individual original containers or from bulk containers into which such product was placed at the milk plant: Provided, that in the case of vending machines that use fluid milk l?roducts as an ingre- dient in hot liquid foods or beverages, such milk product may be transferred at the machine location from the individual, original container of not more than one-half (1;2) gallon capacity to a vending machine bulk container which is clean and has been subjected to an approved bactericidal process in accordance with section 14-142: Provided further, that in such transfer, the entire contents of the individual original container are used. (Code 1960, ~ 13-705) Sec. 14-141. Cleanliness, filling of milk machines, parts, con- tainers. All multi-use parts of any bulk milk vending machine which come into direct contact with the milk or milk product shall be effectively cleaned and bactericidally treated at the milk plant: Provided, that single service dispensing tubes which receive bactericidal treatment at the fabricating plant and which are individually packaged in such manner as to 614 e e e S 14-141 FOOD AND FOOD HANDLERS S 14-143 preclude contamination may be exempted from this provision. The can or other bulk milk container shall be filled only at the milk plant and shall be sealed with two seals in such manner as to make it impossible to withdraw any part of its contents without breaking one seal, and impractical to intro- duce any substance without breaking the other seal. The de- livery tube and any milk contact parts of the dispensing device shall be attached at the milk plant, and shall be pro- tected by a moisture-proof covering, or housed in a compart- ment with a moisture-tight closure, which shall not be removed until after the container is placed in the refrigerated compartment of the vending machine. (Code 1960, S 13-705) Sec. 14-142. Cleanliness of multi-use containers, parts in con- tact with readily perishable foods. With the exception of product contact surfaces of bulk milk vending machines for which separate provisions for cleaning and bactericidal treatment are specified in section 14-141, all multi-use containers or parts of vending machines which come into direct contact with readily perishable foods, bev- erages or ingredients shall be removed from the machine daily and shall be thoroughly cleaned and effectively sub- jected to an approved bactericidal process at the commissary or other approved facility: Provided, that the requirement for daily cleaning and bactericidal treatments ma.y be waived for those contact surfaces which are maintained at all times at a temperature of not higher than fifty degrees (500 ) Fahrenheit or at a temperature of not lower than one hundred and fifty degrees (1500) Fahrenheit, whichever is applicable. Such parts shall, after cleaning and bactericidal treatment, be protected from contamination. (Code 1960, S 13-705) Sec. 14-143. Cleaning of parts in contact with other than readily perishable foods. All parts of vending machines which come into direct con- tact with other than readily perishable foods shall be thor- oughly cleaned and subjected to a bactericidal treatment by methods approved by the health authority. The frequency of such cleaning and bactericidal treatment shall be established by the health authority based upon the type of product being 615 ~ 14-143 SALINA CODE 1\ 14-146 dispensed. A record of such cleaning and bactericidal treat- ment operations shall be maintained by the operator in each machine and shall be current for at least the past thirty (30) days. (Code 1960, S 13-705) Sec. 14-144. Single service containers. All single service containers, which receive food or beverage from machines dispensing such products in bulk, shall be purchased in sanitary cartons or packages which protect the containers from contamination, shall be stored in a clean dry place until used and shall be handled in a sanitary manner. Such containers shall be stored in the original carton or package in which they were placed at the point of manu- facture until introduced into the container magazine or dis- penser of the vending machine. Single service containers stored within the vending machine shall be protected from manual contact, dust, insects, rodents and other contamination. (Code 1960, S 13-705) Sec. 14-145. Cleanliness of location; surrounding space to be cleanable, not provide harborage. Each vending machine shall be located in a room, area or space which can be maintained in a clean condition and which is protected from overhead leakage from drains and piping. Each vending machine shall be so located that the space around and under the machine can be readily cleaned, and so that insect and rodent harborage is not created. (Code 1960, S 13-705) Sec. 14-146. Requirements for floors; maintenance of sur. roundings. The floor area upon which vending machines are located shall be reasonably smooth, of cleanable construction, and be capable of withstanding repeated washing and scrubbing. The space and the immediate surroundings of each vending machine shall be maintained in a clean condition. (Code 1960, S 13-705) 616 e e e ~ 14-147 FOOD AND FOOD HANDLERS ~ 14-151 Sec. 14-147. Sturdiness of construction; exterior to facilitate cleaning, minimize vermin. The vending machine shall be of a sturdy construction and the exterior shall be so designed, fabricated and finished as to facilitate its being kept clean, and to minimize the entrance of insects and rodents. (Code 1960, S 13-705) Sec. 14-148. Tightness of door and panel access openings. Door and panel access openings to the product and container storage spaces of the machine shall be tight fitting, and if necessary gasketed so as to preclude the entrance of dust, moisture, insects and rodents. (Code 1960, S 13-705) Sec. 14-149. Screening of ventilation louvers, openings. All necessary ventilation louvers or openings into vending machines shall be effectively screened against insects and rodents: Provided, that an exception to this provision may be made for vending machines currently in use until such time as such machines are relocated or removed from the present machine location for any other purposes. Such screen- ing material shall be not less than sixteen (16) mesh to the inch or equivalent. (Code 1960, S 13-705) Sec. 14-150. Condenser units to be sealed. In all new vending machines in which a condenser unit is an integral part of the machine, such unit shall be sealed from the product and container 'storage spaces. (Code 1960, S 13-705) Sec. 14-151. Provisions to facilitate cleaning. Unless the vending machine is sealed to the floor so as to prevent seepage underneath, or can be manually moved with ease, one or more of the following provisions shall be utilized to facilitate cleaning operations: Sec. 14-151 (1). The machine shall be mounted on legs six (6) inches or more in height; or 617 ~ 14-151 SALINA CODE ~ 14-155 Sec. 14-151 (2). The machine shall be mounted on casters or rollers; or Sec. 14-151 (8). The machine shall be mounted on gliders which permit it to be easily moved. (Code 1960, S 13-705 ) Sec. 14-152. Service connections. All service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, shall be grommeted or sealed to prevent the entrance of insects and rodents. All connections to such utili- ties shall be such as to discourage their unauthorized or unintentional disconnection. (Code 1960, S 13-705) Sec. 14-153. Design, construction of interior nonproduct con- tact surfaces. The nonproduct contact surfaces of the interior of vending machines shall be so designed and constructed as to permit easy cleaning, and to facilitate maintenance operations. (Code 1960, S 13-705) Sec. 14-154. Inaccessible interior areas to be minimized. Inaccessible interior surfaces or areas shall be minimized. (Code 1960, S 13-705) Sec. 14-155. Product contact surfaces. Sec. 14-155(1). All product contact surfaces of vending machines shall be smooth, in good repair and free of breaks, corrosion, open seams, cracks and chipped places. The design of such surfaces shall be such as to preclude routine contact between food and V-type threaded surfaces. All joints and welds in product contact surfaces shall be smooth; and all internal angles and corners of such surfaces shall be rounded to facilitate cleaning. Sec. 14-155(2). All product or ingredient contact surfaces of vending machines, including containers, pipes, valves and fittings, shall be constructed of non-toxic, corrosion resistant 618 e e e ~ 14-155 FOOD AND FOOD HANDLERS ~ 14-156 and relatively nonabsorbent materials, and shall be kept clean. All containers, valves, fittings, chutes and faucets which are in contact with food shall be easily and readily removable, and so fabricated as to be easily disassembled and when dis- assembled, all surfaces shall be visible for inspection and cleaning. In machines of such design that product contact pipes or tubing are not readily removable, in-place cleaning of such pipes and pipe fittings may be permitted: Provided, that: (a) They are so arranged that cleaning and bactericidal solutions can be circulated throughout the fixed sys- tem; (b) Such solutions will contact all interior surfaces; (c) The system is self-draining or otherwise completely evacuated; and (d) The cleaning procedures result in thorough cleaning of the equipment. (Code 1960, S 13-705) Sec. 14-156. Protection of openings into storage containers. The openings into all nonpre'Ssurized containers used for the storage of vendable foods and ingredIents, including water, shall be provided with covers which prevent contamination from reaching the interior of the containers. Such covers shall be designed to provide a flange which overlaps the opening, and shall be sloped to provide drainage from the cover surface. Any port opening through the cover shall be flanged upward at least three-eighths (%) inch and shall be provided with a cover which overlaps the flange. Con- densation or drip deflecting aprons shall be provided on all piping, thermometers, equipment rotary shafts and other functional parts extending into the container, unless a water- tight joint is provided. Such aprons shall be considered as satisfactory covers for those openings which are in continu- ous use. Gaskets, if used, shall be of a material which is nontoxic, relatively stable, and relatively nonabsorbent, and shall have a smooth surface. All gasket retaining grooves shall be readily cleanable. (Code 1960, S 13-705) 619 ~ 14-157 SALINA CODE ~ 14-160 Sec. 14-157. Bulk vending machines; protection of delivery tube and orifice, condensation prevention, door for vending stage. The delivery tube or chute and orifice of all bulk food and bulk beverage vending machines shall be protected' from nor- mal manual contact, dust, insects, rodents and other con- tamination. The design shall be such as to divert condensation or other moisture from the normal filling position of the container receiving the food or beverage. The vending stage of such machines shall be provided with a tight fitting, self- closing door or cover which is kept closed, except when the machine is in the process of delivering food or beverage. (Code 1960., S 13-70.5) Sec. 14-158. Drainage of storage compartments in machines vending packaged liquid products. The product storage compartment within vending machines dispensing packaged' liquid products, shall be so constructed as to be self-draining, or shall be provided with a drain outlet which permits complete draining of the compartment. All such drains shall be easily cleanable. (Code 1960., S 13-70.5) Sec. 14-159. Construction of opening devices. Opening devices which come into contact with the product or the product contact surface of the containers shall be con- structed of smooth, non-toxic, corrosion resistant, and rela- tively nonabsorbent materials. Unless the opening device is of a single~service type, it shall be readily removable for cleaning, and shall be kept clean. Parts of multi-use opening devices which come into contact with the product or product contact surface of containers shall be reasonably protected' from manual contact, dust, insects, rodents and other con- tamination, and such parts shall be readily l'emovable for cleaning and shall be kept clean. (Code 1960, S 13-70.5) Sec. 14-160. Quality, source of water; water for product in- gredient generally. All water used in vending machines shall be of a safe and sanitary quality, and from a source approved by the health 620. e e e ~ 14-160 FOOD AND FOOD HANDLERS !i 14-164 authority. Water used as a product ingredient shall be piped into the vending machine under pressure, and all connections and fittings shall be installed in accordance with local or state plumbing regulations. Containers for the storage of water for product ingredient, which are not g part of the closed water system, shall be designed and maintained as product contact surfaces. (Code 1960, S 13-705) Sec. 14-161. Water filters and conditioning devices. If used, water filters or other water conditioning devices shall be of a type which may be disassembled for periodic cleaning or replacement of the active element. Replacement elements shall be handled in a sanitary manner. (Code 1960, S 13-705) Sec. 14-162. Protection of water supply from carbon dioxide or carbonated water. All vending machines which dispense carbonated beverages and which are connected to a water supply system shall be equipped with two (or a double) check valves; or an air gap; or a device to vent carbon dioxide to the atmosphere; or other device approved by the health authority, which will provide positive protection against the entrance of carbon dioxide or carbonated water into the water supply system. (Code 1960, S 13-705) Sec. 14-163. Screening required when check valves used. Where check valves are used for the protection of the water supply system, a screen of not less than one hundred (100) mesh to the inch shall be installed in the water supply line immediately upstream from the checkvalves. (Code 1960, S 13-705) Sec. 14-164. Protection against substances interacting with carbon dioxide or carbonated water. In all vending machines which dispense carbonated bever- ages and which are connected to a water supply system, the ingredient water contact surfaces from the check valves or 621 ~ 14-164 SALINA CODE ~ 14-167 other protective device downstream, including the device itself, shall be of such material as to preclude the production of toxic 'substances which might result from interaction with carbon dioxide or carbonated water. (Cede 1960, ~ 13-705) Sec. 14-165. Frequency of waste removal; approval of man- ner of disposal. All trash and other waste material shall be removed from the machine location as frequently as may be necessary to prevent nuisance and unsightliness, and shall be disposed of in a manner approved by the health authority. (Code 1960, ~ 13-705) Sec. 14-166. Waste containers required; location. Self-closing, leak-proof, readily cleanable, plainly labeled and designated waste container or containers shall be pro- vided in the vicinity of each machine or machines to receive used cups, cartons, wrappers, straws, closures and other single service items. Such waste containers shall not be located within the vending machine: Provided, that an exception may be made for those machines dispensing only packaged products with crown closures, in which case the closure re- ceptacle may be located within the machine. Suitable racks or cases shall be provided for multi-use containers or bottles. (Code 1960, ~ 13-705) Sec. 14-167. Disposal of liquid wastes. Containers shall be provided within all machines dispensing liquid products in bulk for the collection of drip, spillage, overflow, or other liquid wastes. An automatic shut-off device shall be provided which will place the vending machine out of operati0n before such con- tainer overflows. Containers or surfaces on which such wastes may accumulate shall be readily removable for cleaning, shall be easily cleanable, and shall be corrosion resistant. If liquid wastes from drip, spillage or overflow, which originate within 622 e ~ 14-167 FOOD AND FOOD HANDLERS ~ 14-170 the machine, are discharged into a sewerage system, the con- nection to the sewer shall be through an air gap. (Code 1960, ~ 13-705) Sec. 14-168. Protection of food, beverages, ingredients from contamination during transit. Food, beverages or ingredients while in transit to vending machine locations shall be protected from the elements, dirt, dust, insects, rodents and other contamination. Similar pro- tection shall be provided for single-service containers, and for the product contact surfaces of equipment, containers and devices in transit to machine locations. (Code 1960, ~ 13-705) e Sec. 14-169. Temperature of perishables in transit. Readily perishable foods or beverages, while in transit to vending machine locations shall be maintained at a tempera- ture of not more than fifty degree (500) Fahrenheit, or at a temperature of not less than one hundrpd and fifty degrees (1500) Fahrenheit. (Code 1960, ~ 13-705) Sec. 14-170. Cleanliness of employees. Employees shall wash their hands immediately prior to engaging in any vending machine servicing operation which may bring them into contact with foods, beverages or ingre- dients, or with product contact surfaces of utensils, containers or equipment. While engaged in such ~ervicing operations, employees shall wear clean outer garments. (Code 1960, ~ 13-705) e 623 [The next page is 649 J e Chapter 15 HEALTH AND SANITATION* Art. I. In General, ~~ 15-1-15-23 Art. II. Unhealthful Structures, ~~ 15-24-15-39 Art. III. Weeds and Obnoxious Growths, ~~ 15-40-15-47 Article I. In General Sec. 15-1. "Health department" defined. Wherever in this code and other ordinances of the city the words "health department" are used they shall refer to the city-county health department. (Code 1960, S 13-201) e Sec. 15-2. "Health officer" defined. Wherever 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. "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 1960, SS 13-202, 13-203 ) Sec. 15-3. Procedure for abatement of nuisances. Whenever the health officer of the city shall determine that a nuisance or unhealthful condition exists as defined by this Code, or the statutes of the state, and determines that the same is detrimental to the health of the inhabitants of the city, or of any neighborhood, family or resident of the city, . "Cross references-For creation and composition of department of public health, see ~ 2-94(3); for department of public health generally, see, ~ 2-125 et seq.; for air pollution, see Ch. 4; for animals and fowl, see Ch. 8; for buildings generally, see Ch. 9; for plumbing regulations, see ~ 9-199 et seq.; for cemeteries, see Ch. 10; for food and food handlers, see Ch. 14; for housing, see Ch. 16; for mobile homes and mobile home courts, see Ch. 21; spitting in public, ~ 23-156 et seq.; for municipal swimming pools, see ~ 25-15 et seq.; for private swimming' pools, see S 25-29 et seq.; for refuse regulations, see Ch. 31; for water and sewers generally, see Ch. 35; for joint city-county health department, see Ap- pendix D of this code. 649 ~ 15-3 SALINA CODE * 15-5 then the health officer shall forthwith issue notice requiring the owner or agent of the owner of the premises upon or in front of which such nuisance is situated to remove and abate from said premises the thing or things therein described as nuisances, within ten (10) days from the date of said notice. Said notice shall be served by the health officer or any assist- ant health officer by delivering a copy thereof to the owner or agent of such property, or by mailing said notice to his last known address. If such owner or agent shall fail or neglect to comply with the requirements of such notice for a period of ten (10) days, then the city manager Rhall have the thing or things described in said notice as a nuisance, removed and abated from said lot or piece of ground, and the cost of such removal and abatement shall be a'Ssessed and charged against the lot or parcel of ground on which nuisance was located; and the city clerk shall, at the time of certifying other city taxes extend the same on the tax roll of the county against said 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. (Ord. No. 6858, ~ 1, 6-14-65) Sec. 15-4. Health officer to adopt measures to cleanse prem- ises, abate nuisances. The health officer shall adopt all necessary measures for cleansing and purifying all buildings, lots and other places, and for causing the removal therefrom of all nauseous sub- stances producing a disagreeable odor or tending to cause sickness or disease, and to cause the removal, cleansing and abating of all nuisances caused by dead carcasses or by the conditions of privies, stock pens, stables or any other out building or by filth, stagnant water, decayed or decaying vegetation or other matter and he may do or cause to be done whatsoever in his judgment shall be necessary to carry out such measures. (Code 1960, ~ 13-301) Sec. 15-5. Abatement of nuisances at expense of city author- ized; assessment of costs. The health officer shall, in all cases where he may deem it necessary for the speedy execution of his orders, cause any 650 e ~ 15-5 HEALTH AND SANITATION ~ 15-7 unhealthful condition or nuisance as specified in section 15-4 to be abated or removed at the expense of the city; and also to cause any such condition or nuisance which may exi'St upon the property of any nonresident owner, or upon property the owner of which cannot be found, or is upknown and cannot be ascertained, or upon property whose owner refuses or neglects to abate or remove such condition or nuisance, to be abated or removed in like manner at the expense of the city. The said officer shall certify to the city clerk a description of such pieces of property, together with the cost of abating or removing such nuisances therefrom and such amount shall be assessed upon such property by the board of commissioners and' the same shall be certified to the county clerk to be col- lected as other 'Special assessments. (Code 1960, ~ 13-302) Sec. 15-6. Standing water prohibited, declared nuisance. e Any pond or ponds of water standing upon any lot or parcel of ground within the corporate limits of the city is hereby declared to be public nuisances; and any person who shall knowingly permit such nuisances as are herein defined to be or remain upon or in front of any lot or parcel of ground owned by him, or for which he is agent if such owner be a nonresident, shall be deemed guilty of a misdemeanor. (Code 1960, ~ 13-303) Sec. 15-7. Sewer connections-Required. . Persons and property owners owning dwelling houses or buildings 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 dis- posing of all 'Substances from any such building affecting the public health which may be lawfully and properly disposed of by means of such sewer. (Code 1960, ~ 13-901) Cross reference-Sewer connection permits and fees, ~. 9-211. 651 ~ 15-8 SALINA CODE ~ 15-11 Sec. 15-8. Same-Connection by city. In the event any persan ar persans shall fail ar refuse to' cannect any building ar buildings with the sewer system af the city as herein pravided far, far mare than ten (10) days after being natified in writing by the jaint city-caunty baard af health to' dO' sa, then the city may cause such premises and buildings to' be cannected with said sewer system and the city is hereby autharized to' advertise far bids far the can- structian and making af such sewer cannr::etians. and to' can- tract therefar with the lawest respansible bidder ar bidders, and to' cause such premises to be connected with said sewer system. (Cade 1960, S 13-902) Sec. 15-9. Same-Assessment of costs. TO' pay the casts and expenses af wark dane in cannecting premises to' the sewer system, the city may assess said costs and expenses against the praperty and premises sa cannected, such assessment to' be made in the same manner as ather special assessments are made. (Cade 1960, S 13-903) Sec. 15-10. Vaults, cesspools-Defined. The terms "vault" and "cesspool" as used herein shall be deemed to' include all privy vaults, septic tanks and any re- ceptacle for filth or excrement far the carrying aff af which the sewers af the city may be praperly used, and all appur- tenances theretO'. (Cade 1960, S 13-1003) Sec. 15-11. Same-Prohibited, declared nuisance if sewer available. It shall be unlawful and a nuisance to' canstruct an any praperty in the city which abuts an any street ar alley in which there is lacated a public sewer ar which is sufficiently clase to' any public sewer to' have access theretO', any vault or cesspoal, and it shall be unlawful and a nuisance to use or permit the use af any vault or cesspaal naw canstructed an any such praperty. (Cade 1960, S 13-1001) 652 e e e ~ 15-12 HEALTH AND SANITATION ~ 15-13 Sec. 15-12. Same-Notice and abatement. Any vault or cesspool now or hereafter located or construct- ed on any property in the city which abuts upon any street or alley upon which there is or in which there may be here- after located any public sewer, or which is accessible to any public sewer now or hereafter constructed, shall be and the same is hereby prohibited and suppressed and the same shall be removed upon notice given by the chief of police to the occupant of any such premises, and to the owner of 'Such premises if such owner be a resident of the city, or if such owner be a nonresident of the city, then to the agent of such owner if such agent be a resident of the city, and if such agent can be found by or is known to the chief of police. If any such occupant, owner or agent, or any of them, are nonresidents of the city, or cannot be found or located by the chief of police in the city, such notice as to any or all of such persons who are nonresidents or who cannot be located within the city, may be posted in a conspicuous place on said premises and such posting shall have the same effect as to such nonresidents or persons who cannot be found or located in said city, as if the same had been personally served upon them. Each such vault or cesspool is hereby declared to be a public nuisance and if within ten (10) days after the service of any such notice, the same shall not be removed by the occupant or owner, or by the agent of the owner, such vault or cesspool shall be abated and removed, and filled up, by some person employed for such purpose by order of the board of commissioners and the cost thereof shall be reported to the board of commissioners and shall be assessed and taxed against the lot or tract of ground upon which such vault or cesspool is located and maintained, and such cost shall be levied, certified and collected as a special assessment in the same manner as special assessments for repairing and build- ing sidewalks. (Code 1960, S 13-1002) Sec. 15-13. Same-Violations. Any person, firm or corporation, or the agent, employee, representative, officer or member of any such person, firm 653 ~ 15-13 SALINA CODE ~ 15-26 or corporation who shall violate any of the provisions of sec- tions 15-11 and 15-12, or who shall fail, neglect or refuse to comply with any order or notice made or given pursuant to abate such violation, or who shall maintain or permit the maintenance of any nuisance described in section 15-11, shall be deemed guilty of a misdemeanor. (Code 1960, S 13-1004) Sees. 15-14-15-23. Reserved. Article II. Unhealthful Structures.v. Sec. 15-24. Declared nuisances. Whenever any building, dwelling house or tenement within the city is in such unhealthful and unsanitary conditions as to be unfit for human habitation, or to be a menace to the general health of the public as a breeding place for contagion and disease, it shall constitute a nuisance. (Code 1960, S 13-1101) Sec. 15-25. Notice required. The health officer shall cause to be served upon the owner or his agent of said property, tenements or buildings, a notice commanding him to be and appear at a meeting of the board of commissioners to show reason why said property, tenement or building should not be condemned by said board of com- missioners and ordered abated or removed as a nuisance. (Code 1960, S 13-1101) Sec. 15-26. Service of notice. Said notice may be served upon the owner or agent of said buildings, tenements or dwelling houses by the health officer or by any member of the joint city-county health department, or by any of the members of the police department by deliver- ing a copy of said notice to the agent or owner, or by leaving a copy of said notice at his usual place of residence. In the event the agent or owner as aforesaid is a nonresident of the state, the health officer shall cause such notice to be served by publishing the same in the official city paper, one publica- *Cross reference-For dangerous structures, see ~ 12-60 et seq. 654 e S 15-26 HEALTH AND SANITATION * 15-39 tion each week for at least two (2) weeks prior to the date set for the hearing and a copy of such notice shall be mailed to the address of such nonresident owner or agent, in case his address can be ascertained. (Code 1960, ~ 13-1101) Sec. 15-27. Time, place of hearing. The time and place of said hearing before said commission- ers shall be set forth in the notice, and the hearing shall not be had in less than five (5) days after the service of such notice upon the owner or agent as aforesaid. (Code 1960, g 13- 1101) e Sec. 15-28. Order requiring abatement. Upon such hearing before the board of commIssIOners, if in the opinion of three fifths (3/5) of said board, after having heard all the evidence in the matter, such building, tenement or property as aforesaid constitutes a nuisance as aforesaid, then the board of commissioners shall order said nuisance to be removed or abated by the owner or agent within ten (10) days, or within such reasonable time as the commission- ers may deem proper in the premises. (Code 1960, ~ 13-1101) Sec. 15-29. Failure to comply with order. If, at the end of the time designated by the commISSIOn for the abatement or removal of such nuisance, the owner or agent has failed in whole or in part to comply with the order of the commissioners, then the commissioners shall order the joint city-county health department forthwith to remove or abate such nuisance and cause the cost of abating or removal of said nuisance to be taxed against the lot or tract of ground upon which the same is located or maintained, and to levy, certify and collect the same as a special assessment in the same manner as for repairing and building sidewalks. (Code 1960, ~ 13-1101) . Sees. 15-30-15-39. Reserved. 655 S 15-40 SALINA CODE ~ 15-43 Article III. Weeds and Obnoxious Growths Sec. 15-40. Prohibited. It shall be unlawful for any owner, occupant or other per- son in charge of any lot or piece of land within the city to permit the growth thereon or in the streets and alleys in front of and abutting upon any such lot or piece of land of weeds, rank grass or other obnoxious growths of vegetation and it shall be the duty of every owner, occupant or person in charge of any such lot or piece of land within the city to cut and destroy all weeds, rank grass or other obnoxious growths of vegetation thereon and in the streets and alleys in front of and abutting upon any such lot or piece of land. (Code 1960, S 18-401) Sec. 15-41. Declared nuisance. The existence of weeds, rank grass or other obnoxious growths of vegetation on any lot or piece of land or in the streets and alleys in front of and abutting upon any lot or piece of land within the city is hereby declared to be a public nuisance. (Code 1960, S 18-402) Sec. 15-42. Cutting by city required. In the event of the failure of the owner, occupant or person in charge of any lot or piece of land to cut and destroy such weeds, rank grass or other obnoxious growths of vegetation thereon, and in the streets and alleys in front of and abutting upon any such lot or piece of land, it shall be the duty of the superintendent of streets to proceed to cut and destroy all such weeds, rank grass or other obnoxious growths of vegeta- tion found by him on any lot or piece of ground in the city. (Code 1960, S 18-402) Sec. 15-43. Interfering with city cutting. It shall be unlawful for any person, owner or occupant or person in charge of any lot or piece of land in the city to interfere with or to attempt to prevent the superintendent of streets or any person employed or designated by him to 656 e ~ 15-43 HEALTH AND SANITATION ~ 15-46 cut and destroy any such weeds, rank grass or other obnoxious growths of vegetation from entering upon any such lot or piece of ground or from proceeding with such cutting and destruc- tion. (Code 1960, S 18-403) Cross reference-Obstructing city officers, ~ 23-57. Sec. 15-44. Record, reports of costs of city cutting; assess- ment, collection. e The superintendent of streets shall keep an account of the cost of cuttmg and destroying the weeds, rank grass or other obnoxious growths or vegetation on each such lot or piece of ground and in the streets and alleys in front of and abut- ting upon any such lot or piece of land in the city, and shall report the same to the city clerk and i3uch cost shall be, by ordinance, assessed against each such lot or piece of land and such specIal assessments shall be, by the city clerk, certi- fied to the county clerk to be collected in like manner as other taxes and special assessments or collected according to law. (Code 1960, S 18-404) Sec. 15-45. When city may bear cost of cutting. Whenever the health department determines that the growth of weeds and vegetation has become a menace to the public health and welfare, and so advises the bOhTd of commission- ers, the board of commissioners shall order the cutting and removal of such weeds and vegetation at the expense of the city. (Code 1960, S 18-407) Sec. 15-46. Exceptions. e Nothing in this article shall apply to field bindweed (Con volvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lepidium draba) and Johnson grass (Sorghum halepense) if such grass is declared to be a noxious weed by the board of county commissioners, the eradication of which is provided for in K.R.S. Chapter 2, Article 13. (Code 1960, S 18-406 ) 657 ~ 15-47 SALINA CODE ~ 15-47 Sec. 15-47. Violations. Any person who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor. This provi- sion shall be in addition to any other provision contained in this article, and the assessment of the cost of cutting and destroying any weeds, rank grass or other obnoxious growths of vegetation against any lot or piece of land shall not be deemed to and shall not prevent the assessment of the penalty provided for a misdemeanor. (Code 1960, ~ 18.-405) 658 [The next page is 683] Chapter 16 HODSING* Art. I. In General, 111l16-1-16-18 Art. II. Administration and Enforcement, 111l16-19-16-53 Div. 1. Generally, ~~ 16-19-16-29 Div. 2. Appeals, ~~ 16-30-16-53 Art. III. Use and Occupancy Regulations, 111l16-54-16-76 Article I. In General Sec. 16-1. Short title. This chapter shall be known as the "Minimum Housing Code," and will be referred to herein as "this code". (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-2. 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 code. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-3. Policy and purpose declared. The board of commissioners declares the purpose of this code is to protect, preserve, and promote the physical and mental health of the people, investigate and control com- municable diseases, regulate privately and publicly owned dwellings for the purpose of sanitation and public health, and protect the safety of the people and promote the generalwel- fare by legislation which shall be applicable to all dwellings *Editor's note-Ord. No. 8309, ~~ 1 and 2, adopted Oct. 29, 1973, repealed former Ch. 16 pertaining to housing and enacted in lieu thereof a new Ch. 16 relative to the same subject. Former Ch. 16 was derived from Ord. No. 8209, ~ 1, adopted May 30, 1972, and Ord. No. 8246, ~ 1, adopted Sept. 11, 1972. Cross references-Buildings and structural appurtenances generally, Ch. 9; fire protection and prevention, Ch. 12; health and sanitation, Ch. 15; unlawful housing practices, ~ 161,2 -8; mobile homes and mobile home courts, Ch. 21; private swimming pools, ~ 25-29 et seq.; refuse and garbage disposal, Ch. 31; water and sewers, Ch. 35. Supp. No. 17 663 ~ 16-3 SALINA CODE ~ 16-4 now in existence or hereafter constructed and which legisla- tion: (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 maintenance; (2) deter- mines the responsibilities of owners, operators and occupants of dwellings; and (3) provides for the administration and en- forcement thereof. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-4. Definitions. The following definitions shall apply to the enforcement of this code: Sec. 16-4(1). Basement shall mean a portion of a building located partly underground, but having less than half (112) of its clear floor-to-ceiling height below the av- erage grade of the adjoining ground. Sec. 16-4(2). Cellar shall mean a portion of a building located partly or wholly underground, and having half (1;2) or more than half (1;2) of its clear floor-to-ceiling height below the average grade of the adjoining ground. Sec. 16-4(3). Dwelling shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants. Provided that tempo- rary housing as hereinafter defined shall not be re- garded as a dwelling. Sec. 16-4(.4). Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, or in- tended to be used, for living, sleeping, cooking and eating. Sec. 16-4(5). Garbage shall mean any accumulation of ani- mal; fruit or vegetable waste matter that attends the preparation, use, cooking, delivering, or storage of meats, fish, fowl, fruits or vegetables. Supp. No. 17 664 e e e !l 16-4 HOUSING Sec. 16-4(6). Habitable dwelling shall mean any structure or part thereof that shall be used as a home or place of abode by one or more persons. Sec. 16-4(7). Habitable room shall mean a room designed to be used for living, sleeping, eating or cooking pur- poses, excluding bathrooms, toilet rooms, closets, halls and storage places, or other similar places, not used by persons for extended periods. Sec. 16-4(8). Infestation shall mean the presence, within or around a dwelling, of insects, rodents, or other pests. Sec. 16-4(9). Multiple dwelling shall mean any dwelling containing more than two (2) dwelling units. Sec. 16-4(10). Occupant shall mean any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit. Sec. 16-4(11). Operator shall mean any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let. Sec. 16-4(12). Owner shall mean any person, firm, or cor- poration who, jointly or severally along with others, shall be in actual possession of, or have charge, care and control of any dwelling unit within the city as own- er, employee, or agent of the owner, or as trustee or guardian of the estate or person of the title holder, and such person shall be deemed and taken to be the owner or owners of such property within the true in- tent and meaning of this code and shall be bound to comply with the provisions to the same extent as the record owner and notice to any such person shall be deemed and taken to be a good and sufficient notice as if such person or persons were actually the record owner or owners of such property. Sec. 16-4(13). Plumbing shall mean and include all of the following supplied facilities and equipment: Gas or fuel pipes, gas or fuel burning equipment, water pipes, Supp. No. 17 665 !l16-4 ~ 16~4 SALINA CODE ~ 16-4 garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs. shower baths, installed clothes washing machines, catch basins, drains, vents and any other simliar supplied fixtures, together with all connections to water, sewer, gas or fuel lines. Sec. 16-4(14). Building inspector shall be that person ap- pointed by the city manager pursuant to section 2-77 of the Salina Code, together with the city health offi- cer and such assistant officers as the city manager shall designate. Sec. 16-4(15). Rooming unit shall mean any room or group of rooms forming a single habitable unit used or in- tended to be used for living and sleeping; but not for cooking or eating purposes. Sec. 16-4(16). Rooming house shall mean any dwelling, or that part of any dwelling containing one or more room- ing units, in which space is let by the owner or operator to three (3) or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. Sec. 16-4(17). Refuse shall include garbage and trash. Sec. 16-4(18). Supplied shall mean paid for, furnished, or provided by, or under the control of, the owner or op- erator. Sec. 16-4(19). Temporary housing shall mean any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not at- tached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days, or one which is located in a mobile homes court duly licensed by the city. Sec. 16-4(20). Trash, combustible shall mean waste con- sisting of papers, cartons, boxes, barrels, wood and excelsior, tree branches, yard trimmings, wood furni- ture, bedding and leaves. Supp. No. 17 666 e e e ~ 16-4 HOUSING ~ 16-7 Sec. 16-4(21). Trash, noncombustible shall mean waste con- sisting of metals, tin cans, glass, crockery, other min- eral refuse and ashes and street rubbish and sweepings. Sec. 16-4(22). Meaning of certain words. Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", "premises", are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof". (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-5. Violations; nuisance declared. Any violation of the provisions of this code 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. (Ord. No. 8309, ~ I, 10-29-73) Sec. 16-6. Effect of conflict of ordinances. In any case where a provision of this code is found to be in conflict with the provision of any zoning, building, fire, safety, or health ordinance or code of the city existing on the effective date hereafter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this code is found to be in conflict with a provision of any other ordinance or code of the city existing on the effective date hereafter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this code shall be deem- ed to prevail. (Ord. No. 8309, ~ I, 10-29-73) Sec. 16-7. Responsibilities of owners, occupants generally. Every dwelling, including all yards, lawns and courts shall be kept clean and free from any accumulation of filth, rubbish, garbage or any similar matter. It shall be the duty of each occupant of a dwelling unit to keep in clean condition the portion of the property which he occupies and of which he Supp. No. 17 667 ~ 16-7 SALINA CODE !I 16-19 has exclusive control, to comply with the rules and regula- tions and to place all garbage and refuse in proper containers. If receptacles are not provided by the owner, then the occu- pant shall provide such receptacles as may be necessary to contain all garbage and trash. Every occupant 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 dwelling unit shall be re- sponsible for such extermination whenever his dwelling unit is the unit primarily infested. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insect-proof condition, extermination shall be the responsibility of the owner and operator. Whenever infesta- tion exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling con- taining two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. (Ord. No. 8309, S 1, 10-29-73 ) Sec. 16-8. Maintenance and repair. Every dwelling and every part thereof shall be maintained in good repair by the owner or agent and shall be fit for human habitation. The roof shall be maintained so as not to leak and all rainwater shall be drained therefrom so as not to cause dampness in the walls or ceilings. All floors, stairways, doors, porches, windows, skylights, chimneys, toilets, sinks, walls, and ceilings shall be kept in good repair and good usable condition. (Ord. No. 8309, S 1, 10-29-73) Sees. 16-9-16-18. Reserved. Article II. Administration and Enforcement DIVISION 1. GENERALLY Sec. 16-19. Responsibility for enforcement. The building inspector is hereby authorized and directed to enforce all of the provisions of this code. The city manager Supp. No. 17 668 e e e ~ 16-19 HOUSING ~ 16-21 may also appoint such number of inspectors as may be neces- sary 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 code. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-20. Building inspector may make recommendations. The building inspector is authorized to make recommenda- tions from time to time as shall be necessary to carry out the purpose of this code; which recommendations and regulations shall become effective when approved by ordinance of the board of commissioners. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-21. Inspection authorized. For the purpose of determining compliance with the pro- visions of this code, the building inspector or his authorized representative, is hereby authorized and directed to make in- spections 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 inspections, the building inspector or his authorized rep- resentative, is hereby authorized to enter, examine and survey all dwellings, dwelling units, rooming units and premises upon which the same are located, at all reasonable times. Sec. 16-21(1). Notification and right of entry. The owner, operator and occupant of every dwelling, dwelling unit, and rooming unit shall give the building inspector, or his authorized representative, free access to such dwell- ing, dwelling unit, or rooming unit, and its premises, for the purpose of such inspection, examination and survey. In the event the owner, operator, or occupant refuses to admit the building inspector, the inspector may apply for the right to enter and inspect, by appli- cation to the district court of Saline County, Kansas. Sec. 16-21 (2). Occupant to give owner access for repairs or alterations. Every occupant shall give to the owner thereof, or his agent or employees, access to any part of such dwelling, or its premises, at all reasonable Supp. No. 17 669 ~ 16-21 SALINA CODE ~ 16-23 times for the purpose of making such repairs or alter- ations as are necessary to effect compliance with the provisions of the code, or with any rule or regulations adopted and promulgated, or any order issued pursuant to the provisions of this code. (Ord. No. 8309, ~ 1, 10- 29-73 ) Sec. 16-22. Notice of violations required. Except in those instances in which section 16-24 hereof is applicable, whenever the building inspector or his authorized representative determines that there has been a violation of any provisions of this chapter or any rule or regulation adopt- ed pursuant hereto, he shall give notice of such alleged viola- tion to the person or persons who are or may be responsible therefor, as enumerated in section 16-23(4). (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-23. Contents of notice; service. This notice of violation shall: Sec. 16-23(1). Be in writing; Sec. 16-23(2). Particularize the violations alleged to exist or to have been committed; Sec. 16-23(3). Provide a reasonable time, but not less than thirty (30) days in any event, for the correction of the violations particularized; Sec. 16-23(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 con- cerned, 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, delivered to addressee only. If service is made by reg- istered or certified mail, the building inspector or his authorized representative shall include in the record a verified statement giving details regarding the mailing. If one or more persons to whom the notice is addressed Supp. No. 17 670 e e e ~ 16.23 HOUSING ~ 16-24 cannot be found or served after diligent effort to do so, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the building inspector or his authorized representative shall include in the record a statement as to why such posting was necessary. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-24. 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: Sec. 16-24(1). Standards. The building inspector may de- termine that any dwelling unit is unfit for human use or habitation if he finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such build- ings, or other residents of the municipality, or which shall have a blighting influence on properties in the area. Such conditions may include the following with- out limitations: Defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation; air pollution; light or uncleanliness, sani- tary facilities; dilapidation; disrepair, structural de- fects; overcrowding; 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 neighborhood or the city; walls, siding or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked ma- terial, equipment, supplies, machinery, trucks, or auto- mobiles or parts thereof; vermin infestation; inade- quate drainage; or any violation of the health, fire, building or zoning regulations, or other law or regula- tions relating to the use of land and the use and occu- pancy of the buildings and improvements. Supp. No. 17 671 ~ 16-24 SALINA CODE !l 16-25 Sec. 16-24(2). Placarding, order to vacate. Any dwelling or dwelling unit condemned as unfit for human habita- tion and so designated and placarded by the building inspector, shall be vacated within thirty (30) days. Sec. 16-24(3). Compliance required before reoccupancy. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by, the building inspector. The building inspector shall re- move such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. It shall be unlawful for anyone to let, lease, occupy or permit the occupancy, whether for a consideration or not, of any dwelling so posted and any violation of this provision shall consti- tute a misdemeanor within the meaning of this code. It shall be unlawful for any person to deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except the building inspector as herein provided, and any violation of this provision shall constitute a misdemeanor within the meaning of this code. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-25. Order to repair, remove or demolish. At the time of the placarding and order to vacate specified by section 16-24 (2) hereof, the building inspector shall deter- mine the cost of repairs, alterations, or improvements and shall notify the owner of his determination. The building in- spector shall also issue and cause to be served upon the owner in the manner specified for serving notice in section 16-23 (4) hereof, a furthehr order which: Sec. 16-25(1). If the repair, alteration, or improvement of the structure can be made at a cost which is less than three hundred per cent (300%) of the then current as- sessed taxable value of the structure, requires the own- Supp. No. 17 672 e e e ~ 16-25 HOUSING ~ 16-26 er, within the time specified in the order, to repair, alter, or improve such structure so as to render it fit for human use or habitation and commanding the own- er to leave such structure vacant until compliance with such order; or Sec. 16-25(2). If the repairs, alterations, or improvements of the structure cannot be made at a cost which is less than three hundred per cent (300%) of the then cur- rent assessed taxable value of the structure, requires the owner within the time specified in the order to re- move or demolish such structure. Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-26. Procedure for repairs or demolition. Sec. 16-26(1). Whenever a petition is filed with the building inspector, or his designated agent, by at least five (5) resi- dents of the municipality charging that any structure is unfit for human use or habitation, or whenever it appears to the building inspector, 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 (induding persons in possession) a complaint stat- ing the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the building in- spector 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 said 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 otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building in- spector. Sec. 16-26(2). If, after such notice and hearing the building inspector determines that the structure under consideration is unfit for human use or habitation he shall state in writing SUPP. No. 17 673 ~ 16-26 SALINA CODE II 16-26 his findings of facts in support of such determination and shall issue and cause to be served upon the owner thereof an order which: Sec. 16-26(2) (a). If the repair, alteration, or improvements of said structure can be made at a reasonable cost in relation to the value of the structure, which shall not exceed three hundred per cent (300 %) of the then cur- rent assessed taxable value of the structure, the owner of said property 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 conformance with this chapter is made; or, Sec. 16-26(2)(b). If the repair, alteration or improvement of the said structure cannot be made at a reasonable cost in relation to the value of the structure, that is to say, less than three hundred per cent (300%) of the then current assessed taxable value of the struc- ture, which is hereby fixed as a reasonable cost by the governing body of said city, the owner shall within the time specified in said order remove or demolish such structure. Sec. 16-26(3). 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 is- suance of such order, the building inspector may cause such structure to be repaired, altered or improved, or to be vacated and closed. Sec. 16-26(4). If the owner fails to comply with an order to remove or demolish the structure within one hundred twenty (120) days from the date of issuance of such order, the building inspector may cause such structure to be removed or demolished. Sec. 16-26(5). The amount of the cost of such repairs, alter- ations or improvements, or vacating and closing or removal or demolition by the building inspector shall be a lien against Supp. No. 17 674 e e e * 16-26 HOUSING ~ 16-27 the real property upon which such cost was incurred and such lien, including as part thereof allowance of his costs and the necessary attorney's fees, may be foreclosed in judicial pro- ceedings, 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 said lot or parcel of land. If the structure is removed or demolished by the building inspector he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining it shall be paid to the parties entitled thereto as determined by proper judicial proceedings instituted by the building inspector after deducting the costs of such judicial proceed- ings including his necessary attorney's fees incurred therein, as determined by the court. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-27. Conditions making structures unfit for human use or habitation. The building inspector may determine that a structure 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 such municipality or which have a blighting influence on properties in the area. Such conditions may in- clude the following without limitations: Defects therein in- creasing the hazards of fire, accident or other calamities; lack of adequate ventilation, air pollution; light or sanitary facili- ties; dilapidation; disrepair, structural defects, uncleanliness; overcrowding; inadequate ingress and egress; dead and dying trees; limbs or other unsightly natural growth; unsightly ap- pearances that constitute a blight to adjoining property, the neighborhood or the city; walls, siding or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked Supp. No. 17 675 ~ 16-27 SALINA CODE ~ 16-29 material, equipment, supplies, machinery, trucks or automo- biles or parts thereof; vermin infestation; inadequate drain- age; or any violation of health, fire, building or zoning regu- lations, or any other laws or regulations relating to the use of land and the use and occupancy of buildings and improve- ments. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-28. Service of complaint or order. Complaints or orders issued by the building inspector pur- suant to this section shall be served upon persons either per- sonally or by registered or certified mail, but if the where- abouts of such persons is unknown and the same cannot be ascertained by the building inspector in the exercise of reason- able diligence, and the building inspector shall make an affi- davit 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 newspaper 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 Saline County, Kansas, and such filing of the complaint or order shall have the force and effect as other lis pendens notices provided by law. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-29. Emergency abatement. Sec. 16-29(1). Whenever, in the judgment of the building inspector an emregency exists which requires immediate ac- tion to protect the public health, safety, or welfare, an order may be issued, without notice, conference, or hearing, direct- ing the owner, occupant, operator, or agent to take such action as is appropriate to correct or abate the emergency. If circum- stances warrant, the building inspector may act to correct or abate the emergency. Sec. 16-29(2). The owner, occupant, operator, or agent shall be granted a conference on the matter upon his request, as Supp. No. 17 676 e e e ~ 16-29 HOUSING ~ 16-31 soon as practicable but such conference shall in no case stay the abatement or correction of such emergency. (Ord. No. 8309, 9 1, 10-29-73) DIVISION 2. ApPEALS Sec. 16-30. Housing advisory and appeals board. In order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, there is hereby established a housing advisory and appeals board, consisting of five (5) members none of whom shall be em- ployees of the city. The board shall be appointed by the mayor with the approval of the city commissioners. The board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the building inspector. Appeals to the board shall be processed in accordance with the pro- visions contained in section 16-31 et seq. of this code. Copies of all rules or regulations adopted by the board shall be de- livered to the building inspector who shall make them freely accessible to the public. The board shall have the power to hear and decide appeals where it is alleged that there is error in any order, require- ment, decision or determination made by the building inspector in the enforcement of the code. The board may also when it deems the same appropriate, grant variances, waivers or ex- ceptions to any portion, standard or requirement of this code providing that such variance, waiver or exception is not contrary to the purpose of this code as stated in section 16-3. (Ord. No. 8309, 9 1, 10-29-73) Sec. 16.31. Procedure. Sec. 16-31 (1). Right of appeal. Any person, officer of the city or of any governmental agency or body aggrieved by any decision, notice or order of the officer administering the pro- visions of this chapter may appeal such decision to the housing advisory and appeals board of the City of Salina. Supp. No. 17 677 ~ 16-31 SALINA CODE ~ 16-31 Sec. 16-31 (2). Form of appeal. Any person entitled to appeal the decision, notice or order of the building inspector may appeal the same by filing at the office of the building in- spector within ten (10) days from the date of the service of such decision, notice or order upon them, a written appeal con- taining the following: (a) A heading in the words: "Before the Housing Advisory and Appeals Board of the City of Salina, Kansas." (b) A caption reading: "Appeal of ______________________________________," giving the names of all appellants participating in the appeal. (c) A brief statement setting forth the legal interest of each of the appellants in the building or the land in- volved in the notice and order. (d) A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. (e) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside. (f) The signature of all the parties named as appellants, and their official mailing addresses. (g) The verification of the appellants as to the truth of the matters stated in the appeal. Sec. 16-31 (3). Scheduling and noticing appeal f01' hearing. Within ten (10) days after receiving the written appeal the housing advisory and appeals 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 inspector. 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 Supp. No. 17 678 e e . ~ 16-31 HOUSING ~ 16-36 by causing a copy of such notice to be delivered to the ap- pellant personally or sent to him by certified mail, postage prepaid, return receipt requested, at his address shown on the appeal. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-32. Reserved. Sec. 16-33. Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions of section 16-31 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order, or to any portion thereof. (Ord. No. 83'09, ~ 1, 10-2,9-73) Sec. 16-34. Scope of hearing. Only those matters or issues specifically raised by the ap- pellant shall be considered in the hearing of the appeal. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-35. Stay order. Enforcement of any notice and order of the building in- spector issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-36. Procedure for conduct of hearing appeals. Sec. 16-36(1). Procedure for conduct of hearing appeals- General. (a) Record. A record of the entire proceedings shall be made by tape recording or by any other means of per- manent recording determined to be appropriate by the board. (b) 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 said transcript. Supp. No. 17 679 ~ 16-36 SALINA CODE II 16-36 (c) Continuances. The board may grant continuances for good cause shown. (d) Oaths, certification. In any proceedings under this code, the board has the power to administer oaths and affirmations and to certify to official acts. (e) Reasonable dispatch. The board shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. Sec. 16-36(2). Same-Form of notice of hearing. The no- tice to appellant shall be substantially in the following form, but may include other information: "Y ou are hereby notified that a hearing will be held before the Housing Advisory and Appeals Board at the City Commission Room, City-County Building, 300 West Ash Street, Salina, Kansas, on the _____m________________ day of ____mm_____m______, 19___, at m__m______________ 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 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, documents, or other things by filing an affidavit therefor with the board." Sec. 16-36(3). Same-Subpoenas. (a) Filing of affidavit. The board may obtain issuance and service of a subpoena for the attendance 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 service of such subpoena shaH be obtained upon the filing of an affi- davit therefor which states the names and addresses of the proposed witnesses; specifies the exact things sought to be produced and the materiality thereof in de- Supp. No. 17 680 e ~ 16-36 HOUSING ~ 16-36 tail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when affidavit is defective in any particular. (b) Penalties. Any person who refuses, without lawful excuse, to attend any hearing, or to produce material evidence in his possession or under his control as re- quired by any subpoena served upon such person as provided for h'2rein, shall be guilty of a misdemeanor. Sec. 16-36(4). Same-Conduct of hearing. (a) Rules. Hearings need not he conducted according to the technical rules relating to evidence and witnesses. . (b) Oral evidence. Oral evidence shall be taken only on oath or affirmation. (c) Hearing evidence. Hearsay evidence may be used only if it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. (d) Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which re- sponsible persons are accustomed to rely in the con- duct of serious affairs, regardless of the existence of any statutory rule or common law which might make improper the admission of such evidence over object- tion in civil actions in courts of competent jurisdiction in this state. (e) Exclusion of evidence. Irrelevant and unduly repetitIous evidence shall be excluded. (f) Rights of parties. Each party shall have these rights, among others: (1) To call and examine witnesses on any matter relevant to the issues of .the hearing; (2) To introduce documentary and physical evidence; (3) To cross examine opposing witnesses on any mat- ter relevant to the issues of the hearing; e Supp. No. 17 681 ~ 16-36 SALINA CODE !l 16-36 (4) To impeach any witness regardless of which party first called him to testify; (5) To rebut evidence against him; (6) To represent himself or to be represented by coun- sel. (g) Official notice. (1) What may be noticed. In reaching a decision, of- ficial notice may be taken, either before or after submission of the case for decision of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the city or rules and regulations of the board. (2) Parties to be notified. Parties present at the hear- ing shall be informed of the matters noticed, and these matters shall be noted in the record re- ferred to therein, or appended thereto. (3) Opportunity to refute. Parties present at the hear- ing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of au- thority, the manner of refutation to be determined by the board. (4) Inspection of premises. The board may inspect any building or premises involved in the appeal during the course of the hearing, provided that (a) notice of such inspection shall be given to the parties before the inspection is made, (b) the parties are given an opportunity to be present during the inspection; and (c) the board shall state for the record upon completion of the in- spection 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. Supp. No. 17 682 e e e ~ 16-36 HOUSING !l 16-54 Section 16-36(5). Same-Method and form of decision. (a) 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. (b) Form of decision. The decision of the board shall be in writing and shall contain findings of facts, a deter- mination of the issues presented, and the requirements to be complied with by the parties. A copy of the de- cision shall be delivered to appellant personally, or sent to him by certified mail, postage prepaid, return receipt requested. (c) Effective date of decision. The effective date of the decision shall be the date stated therein. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-37. Appeals from decision of board. Any person, officer of the city or of any governmental agency or body aggrieved by the decision of the housing ad- visory and appeals board may appeal such decision by filing an action in the district court of Saline County, Kansas, to de- termine the reasonableness of any such decision. Such action must be filed within thirty (30) days from the effective date of the decision of the board. (Ord. No. 8309, S 1, 10-29-73) Secs. 16-38-16-53. Reserved. Article III. Use and Occupancy Regulations Sec. 16-54. Scope, applicability. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements. The following re- quirements are hereby declared essential to the health and safety of the occupants of such dwelling or dwelling unit. (Ord. No. 8309, S 1, 10-29-73) Supp. No. 17 683 ~ 16-55 SALINA CODE ~ 16-57 Sec. 16-55. Basement or cellar. The basement or cellar of any dwelling shall be reasonably dry and ventilated and shall be kept free from rubbish ac- cumulation. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-56. Heating. Every dwelling and every dwelling unit shall be so con- structed, insulated, and maintained and be provided by the owner or occupant with heating units so that it is capable of reaching an air temperature of seventy degrees (700) Fahren- heit 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 main- tain it in good order and repair. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-57. Natural light and ventilation. Sec. 16-57(1). 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 (1/10) of the floor area of such rooms with a minimum of twelve (12) square feet. All bathrooms, water closet compartments, laundry rooms, and similar rooms shall be provided with natural venti- lation by means of windows or skylights with an area of not less than one-tenth (1/10) of the floor area of such rooms with a minimum of three (3) square feet. Not less than one- half (1;2) of the required window or skylight area shall be openable to provide natural ventilation. Section 16-57(2). Origin of light and ventilation. Required windows shall open directly onto a street or public alley or court located on the same lot as the building. Exception: Required windows may open into a roofed porch where the porch: (1) Abuts a street, yard, or court; and Supp. No. 17 684 e e e l\ 16-57 HOUSING l\ 16-57 (2) Has a ceiling height of not less than seven (7) feet; and (3) Has the longer side at least sixty-five per cent (65 I::) open and unobstructed. A required window in a S8rvice 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 ex- tend through more than two (2) stories. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half (%) of the area of the com- mon wall is open and unobstructed and provides an opening of not less than one-tenth (1/10) of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. Sec. 16-57(8). Mechanical ventilation. In lieu of openable windows for natural ventilation, a mechanical ventilation system may be provided. Such system shall be capable of pro- viding two (2) air changes per hour in all guest rooms, dor- mitories, habitable rooms, and in public corridors. One-fifth (1/5) of the air supply shall be taken from the outside. In bathroom, water closet compartments, laundry rooms, and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. Sec. 16-57(4). Vent shaft. A required window in a service room may open into a vent shaft which is open and unob- structed to the sky and not less than four (4) feet in least dimension. No vent shaft shall extend through more than two (2) stories. Sec. 16-57(5). Hallways. All public hallways, stairs, and other exitways shall be adequately lighted at all times in ac- cordance with Section 3312(a) of the Uniform Building Code. Sec. 16-57(6). Sleeping areas. All rooms or areas used for sleeping purposes shall be provided with a secondary means Supp. No. 17 685 ~ 16-57 SALINA CODE ~ 16-61 of exit. This may be provided by an additional door or window leading to the exterior of the building. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-58. Windows and doors. Every window and exterior door shall be reasonably weath- ertight, watertight, and rodent-proof and shall be kept in good working condition and repair. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-59. Lighting. 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. Every laundry room, furnace room, hall, porch, and corridor shall have one ceiling or wall type electric light fixture. Sec. 16-59(1). Wiring. 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 safe manner. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-60. 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 code; and (3) Required minimum window area of every habitable room is entirely above the grade of the ground adjoin- ing such window area. (Ord. No. 8309, ~ 1, 10-29-73) Sec. 16-61. Floor area and ceiling heights. Sec. 16-61 (1). Ceiling heights. Habitable rooms, storage rooms and laundry rooms shall have a ceiling height of not less than seven (7) feet, six (6) inches. Hallways, corridors, SuPp. No. 17 686 e e . ~ 16-61 HOUSING ~ 16-61 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. Sec. 16-61 (2). 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) persons. Where more than two (2) persons occupy a room used for sleeping purposes the re- quired superficial floor area shall be increased at the rate of fifty (50) square feet for each occupant in excess of two. 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 super- ficial floor area. An additional one hundred (100) square feet of superficial floor area shall be pro- vided 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 facilities each having a clear working space of not less than thirty (30) inches in front. Light and ventilation conforming to this code shall be provided. (4) The unit shall be provided with a separate bath- room containing a water closet, lavatory, and bathtub or shower. (5) Whenever one of the occupants of a sleeping room is less than seven (7) years old, the allowed occu- pancy may be increased by one, by special permis- sion of the board. Supp. No. 17 687 ~ 16-61 SALINA CODE ~ 16-65 Sec. 16-61 (3). 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 on the water closet not less than twenty-four (24) inches. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-62. Bathing facilities. Bathing facilities shall be provided in rooming and board- inghouses in the form of a tub or shower for each eight (8) occupants. Separate facilities, plainly marked, shall be pro.. vided for each sex. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-63. Toilet facilities. A water closet shall be provided for each six (6) occupants of a rooming or boardinghouse, and shall be separated with separate access from bathing 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. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-64. Kitchen sink. In every dwelling unit there shall be at least one kitchen sink with public water under pressure and connected to the public sewer, or if that sewer system is not available, to a sewage disposal system approved by the joint city-county health department. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-65. Water heating facilities. Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to su.ch a tempera- ture 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 Fahrenheit. (Ord. No. 8309, S 1, 10-29-73) Supp. No. 17 688 e ~ 16-66 HOUSING ~ 16-71 Sec. 16-66. Bathing facilities. Every dwelling unit shall contain within a room which affords privacy to a person in said room, a bathtub or shower in good working condition and properly connected to an ap- proved water and sewer system. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-67. Toilet facilities. There shall be at least one flush water closet in good work- ing condition for each dwelling unit, which flush water closet shall be located within the dw"elling unit and in a room which affords privacy. (Ord. No. 8309, 9 1, 10-29-73) e Sec. 16-68. Lavatory facilities. Every dwelling unit shall contain within its walls a lava- tory 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. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-69. Reserved. Sec. 16-70. Maintenance of plumbing. All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good working order. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-71. Privies. . All pit privies, privy vaults, "dry hopper" sewer connected privies and frost-proof closets are hereby declared to be a public nuisance and shall be eliminated, except that those on property where no public water line or public sewerage facili- ties are conveniently available to the property may continue to be used until such time as the public water line and public sewerage system is extended to the public property or ease- ment adjacent to the property of the dwelling. (Ord. No. 8309, ~ 1, 10-29-73) Supp.No.17 689 ~ 16-72 SALINA CODE ~ 16-76 Sec. 16-72. Lighting of toilets and bathrooms. Every toilet and every bathroom in every dwelling shall have at least one electric light in either the ceiling or on the wall. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-73. Garbage and trash receptacles. Every dwelling and every dwelling unit shall be provided with such receptacles as may be necessary to contain all gar- bage and trash and such receptacles shall at all times be maintained in good repair, and shall comply with the stand- ards set forth in Chapter 31 of this Code of Ordinances. (Ord. No. 8309, S 1, 10-2,9-73) Sec. 16-74. Means of access. There shall be, for each dwelling unit, a separate access either to a hallway, stairway, or street, which is safe and in good repair. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-75. Drainage. All courts, yards or other areas on the premises of any dwelling shall be so graded and drained that there is no pool- ing of the water thereon. Properly constructed wading and swimming pools and fish ponds are excepted from this sec- tion. (Ord. No. 8309, S 1, 10-29-73) Sec. 16-76. Attached garages and nondwelling areas. All nondwelling occupants shall be separated from the dwell- ing 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. (Ord. No. 8309, S 1, 10-29-73) Supp. No. 17 [The next page is 695] 690 e Chapter 161/2 RESERVED* e *Editor's note----Ord. No. 8488, ~ 2, enacted May 24, 1976, repealed former Ch. 16%, relative to discrimination. Said chapter was derived from Ord. No. 8317, adopted Nov. 12, 1973; Ord. No. 8358, adopted July 15, 1974; and Ord. No. 8364, adopted Aug. 26, 1974. [The next page is 727] e Supp. No. 21 695 e e . Chapter 17 INDUSTRIAL DEVELOPMENT Sec. 17-1. Authority created. There is hereby created the Greater Salina Development Authority of the City of Salina, Kansas, for the purpose of promoting industrial development within or near the environs of the city. (Code 1960, ~ 14-101; Ord. No. 6687, ~ 1, 1-29-63) Sec. 17-2. Membership of authority. The development authority shall be composed of five (5) members who shall consist of the mayor, city manager, and city attorney, and the chairman of the economic development committee and the director of economic development of the Salina, Kansas, chamber of commerce. (Code 1960, ~ 14-101; Ord. No. 6687, ~ 1, 1-29-63) Sec. 17-3. Vacancies on authority. Any vacancies in any of the offices serving on the develop- ment authority shall automatically create an immediate va- cancy in the authority, and said vacancy shall remain until the office vacated is filled. (Code 1960, ~ 14-101; Ord. No. 6687, ~ 1, 1-29-63) Sec. 17-4. Compensation of authority. Members of the development authority shall serve without compensation. (Code 1960, ~ 14-101; Ord. No. 6687, ~ 1, 1- 29-63 ) Sec. 17-5. Organization, officers of authority. The development authority shall organize annually by se- lecting a chairman, executive vice chairman, and secretary from its membership. (Code 1960, S 14-102; Ord. No. 6687, ~ 2, 1-29-63) Sec. 17-6. Meetings of authority; record of proceedings. The development authority shall meet as often as neces- sary and shall cause a proper record to be kept of its proceed- ings. (Code 1960, ~ 14-102; Ord. No. 6687, S 2, 1-29-63) SuPp. No.1 727 ~ 17-7 SALINA CODE ~ 17-10 Sec. 17-7. Duties of authority. It shall be the duty of the development authority to study, investigate, assist, and promote industrial development with- in or near the environs of the city and to recommend to the governing body necessary expenditures to be made from the industrial fund to accomplish this purpose. (Code 1960, S 14- 102; Ord. No. 6687, S 2, 1-29-63) Sec. 17-8. Desirability of expenditures declared. It is hereby found and determined to be advisable and neces- sary and of a general benefit to the residents of the city, that the money collected by virtue of the taxes authorized in K.R.S. 13-1441, and known as the industrial fund, be used for the purpose of payment of expenses incurred in advertising, per- sonal solicitation, and all other promotional activities de- signed for the purpose of inducing industries to locate within the city, or near its environs. (Ord. No. 6700, S 1, 4-9-63) Sec. 17-9. Approval, payment of expenditures. All proposed expenditures to be made from the industrial fund shall be submitted by the development authority to the city clerk on regular claim vouchers and approved by the governing body of the city, prior to payment. (Ord. No. 6700, S 2, 4-9-63) Sec. 17-10. Schilling Subdivision; tax exemption; tax assess- ment; certification and collection; lien; contrac- tural provisions. Sec. 17-10(1). Taxes imposed upon property in Schilling Subdivision. All real and personal property within the Schill- ing Subdivision are hereby exempted from any and all taxes that may be levied by the City of Salina, Kansas, for a period of fifteen (15) years from and after January 1, 1967; pro- vided, however, that in lieu of the taxes exempted there is hereby levied by the City of Salina, Kansas, against all real and personal property (except that exempt under the laws of the State of Kansas) within the Schilling Subdivision, the following amounts: Supp. No.1 728 - e e ~ 17-10 INDUSTRIAL DEVELOPMENT ~ 17-10 (a) For the taxing years commencing on January 1, 1967, ,January 1, 1968, January 1, 1969, January 1, 1970, and January 1, 1971, and in lieu of tax payment in an amount equal to 12.75 mills on the assessed valuation of all property. (b) For the taxing years commencing on January 1, 1972, January 1, 1973, and January 1, 1974, and in lieu of tax payment in an amount equal to 15.00 mills on the assessed valuation of all property. (c) For the taxing years commencing on January 1, 1975, January 1, 1976, January 1, 1977, January 1, 1979, and January 1, 1979, and in lieu of tax payment in an amount equal to the taxes which would otherwise be imposed by the City of Salina in those taxing years for its general operating fund if such property were not ex- empt under this section. Sec. 17-10(2). Certification and collection of paymnet in lieu of taxes. The city clerk shall annually, prior to August 25th of each year, certify to the county clerk of Saline County, Kansas, the amount of the payments in lieu of taxes due under this section and said amount shall be levied against all prop- erty (except that exempt by the laws of the State of Kansas) located within the Schilling Subdivision and said payment in lieu of taxes shall be collected by the county treasurer in the same manner as other real and personal taxes. Sec. 17-10(3). Lien on property. The payments in lieu of taxes provided for in this section shall until paid constitute a lien on all property upon which it is imposed and shall have the same priority and may be enforced in the same manner as taxes levied by any political subdivision in the State of Kansas all as provided by the laws of the State of Kansas. Sec. 17-10(4). Contractual provisions. This section is passed as an inducement to industry to maintain its present facilities at the Schilling Subdivision as well as to expand those facil- ities, and to induce new industral enterprises and any person or company who accepts the benefits of this section and here- after installs new industrial facilities within the Schilling Supp. No.1 729 9 17-10 SALINA CODE 9 17-10 Subdivision shall enjoy the benefits of this section on a contractual basis for fifteen (15) years from August 5, 1966. (Ord. No. 6929, 99 2-5, 8-1-66) Editor's note-Section 17-10 is derived from Ord. No. 6929, 99 2-5, adopted Aug. 1, 1966. This ordinance, nonamendatory of this Code, was codified in the discretion of the editors due to the general and permanent nature of its provisions. Section 1, which stated the purpose of the ordinance, 9 6, which provided the termination date, 9 7, relating to the validity of the ordinance and 9 8, stating the effective date were omitted. [The next page is 753] Scpp. No. ] 730 e Chapter 18 JUNK AND JUNK DEALERS Sec. 18-1. "Junk" defined. Junk is hereby defined to be old iron, lead, brass, steel, copper or other metals, wires, cables, rags or bagging, rope, rubber, bones, paper, bottles and other and similar old mate- rials and old machinery and old automobiles or parts thereof. (Code 1960, S 16-501) e Sec. 18-2. License 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 and having paid a license fee therefor as hereinafter pro- vided. (Code 1960, ~ 16-502) Cross reference-For licenses generally, see Ch. 20. Sec. 18-3. Application for license required. Any person desiring a license under this chapter 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 lo~ation at which such junk is to be kept or stored. (Code 1960, S 16-503) Sec. 18-4. Submission, approval of application. An application for a license under this chapter shall be submitted to the board of commissioners and if the board of commissioners approves such application and location, it may order the issuance of a license upon payment of license fee as herein required. (Code 1960, S 16-503) Sec. 18-5. Classification of licensees. . Persons required to be licensed hereunder shall be classified and defined as follows: 753 ~ 18-5 SALINA CODE !i 18-5 Sec. 18-5(1). Junk dealers. Any person or persons who en- gage in the city in buying, collecting, trading in, ex- changing or otherwise dealing in junk as herein de- fined, and shipping, selling or otherwise disposing of the same in truckload or carload lots, and who conduct such business at or from any yard or place in the city 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 "automobile junk dealer" or as an "automobile junk parts dealer" as hereinafter defined. Sec. 18-5(2). Junk buyers. Any person or persons who en- gage in the City of Salina 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 business 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 dealer" as hereinafter defined. Sec. 18-5(3). Junk collector. Any person or persons who engage in the city in buying, collecting, trading in, exchanging or otherwise dealing in junk as herein de- fined, 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 "automo- bile junk dealer" or as an "automobile junk parts deal- er" as herein defined. Sec. 18-5(4). Paper iunk dealers. Any person or persons who engage in the city in buying, selling or collecting old paper, cardboard or pasteboard boxes, rags, bag- ging or other similar materials, 0r bailing the same at any place in the city. Sec. 18-5(5). Automobile iunk dealers. Any person or per- sons who engage in the city in the business of buying, selling, storing, exchanging, trading or otherwise deal- 754 e e . ~ 18-6 JUNK AND JUNK DEALERS ~ 18-6 ing in old automobiles or partS thereof for the purpose of wrecking, dismantling or junking such old automo- biles or parts thereof, except old batteries, old tires or other old automobile parts which are purchased separately from the automobiles from which they were removed, or dealing in old automobiles for any purpose other than as vehicles, and who conduct such business at or from any place in the city where any such old automobiles or parts thereof are wrecked, dismantled, junked, kept or stored: Provided, that this section shall not apply to regular dealers in new or secondhand automobiles, who may as an incinp.nt to their regular business engage in seIling or dealing in old' automobiles. Sec. 18-5(6). Automobile junk parts dealers. Any person or persona who engage in the city in the business of buy- ing, seIling, storing, exchanging, trading or otherwise dealing in old automobiles or parts thereof, except old batteries, old tires or other old automobile parts which are purchased separately from the automobiles from which they were removed, or dealing in old automobiles for any purpose other than for use as vehicles, who do not engage in the business of wrecking, dismantling, junking or storing such old automobiles or parts there- of within the city, but who engage in the business of selling parts from such wrecked, ~ismantled or junked automobiles at or from any store. yard or other place in the city. (Code 1960, ~ 16-504) Sec. 18-6. License fees established. The fees for licenses required by this chapter shall be as follows: Sec. 18-6(1). For junk dealers, two hundred dollars (200.00) per year; Sec. 18-6(2). For junk buyers, thirty-three dollars ($33.00) per year; Sec. 18-6(3). For junk collectors, five dollars ($5.00) per year; Sec. 18-6(1,.). For paper junk dealers, thirteen dollars ($13.00) per year; Supp. No. 19 755 ~ 18-6 SALINA CODE ~ 18-10 Sec. 18-6(5). For automobile junk dealers, two hundred dollars ($200.00) per year; Sec. 18-6(6). For cutomobile junk parts dealers, sixty-six dollars ($66.00) per year. (Code 1960, ~ 16-505; Ord. No. 8392, ~ 1,11-25-74) Sec. 18-7. Scope of licenses. Any person who shall pay any license fee as herein provided for, shall, without paying any additional license, be entitled to engage in any other business as provided for in this chapter for which the same or a lesser fee is nrovided for herein. (Code 1960, ~ 16-505) Sec. 18-8. Payment of fees; prorating; license expiration. All license fees shall be payable in advance and all licenses issued hereunder shall expire on the last day of December next after the same are issued, and no licenses shall be issued for less than a whole year or for the remaining portion of the year after such license is issued: Provided, that any license issued prior to July first in any year shall require the payment of a license fee for a full year, and any license issued after July first in any year shall require the payment of one-half (1f2) of the annual license fee herein provided for, for the remaining portion of such year. (Code 1960, ~ 16-505) Sec. 18-9. 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 !or the collection of junk. (Code 1960, ~ 16-506) Sec. 18-10. Additional licenses for separate places of busi- ness. No junk dealer, junk buyer, automobile junk dealer or au- tomobile junk parts dealer shall operate 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 Supp. No. 19 756 e e e S 18-10 JUNK AND JUNK DEALERS S 18-13 such dealer for the operation of a separate store, or place of business where individual parts taken from any junk automo- bile are sold as parts and not as junk. (Corle 1960, S 16-507) Sec. 18-11. Suspension, revocation of licenses. Any license issued hereunder may be revoked by the board of commissioners upon conviction of the licensee or any agent, employee or officer of any licensee of the violation of any provisions of this chapter, or of any ordinance or law relating to the purchase or possession of stolen property, and may be suspended pending the hearing of any such charge prior to conviction. (Code 1960, S 16-509) Sec. 18-12. Storing junk at unlicensed location. It shall be unlawful to store junk at any location in the city other than one licensed as provided in this chapter. (Code 1960, S 16-503) Sec. 18-13. Storage regulations. All places where any junk as herein defined is kept or stored, together with all junk therein, shall at all times be kept in a sanitary condition and open to the inspection of any police or sanitary officer of the city and no junk dealer, junk buyer, automobIle junk dealer or automobile junk parts dealer shall expose or permit to be exposed to public VIew any junk kept or stored by him but shall cause all such junk kept or stored by him to be kept either in a permanent building, or behind an appropriate fence not less than five (5) feet in height, which fence shall at all times be kept in a good repair. In addition, such fence shall be landscaped by nondeciduous plantings of shrubs and/or trees for the purpose of enclosing and beautifying such place or yard and to prevent access there- to by the public and to screen the same from public view: Provided, that in any yard or place in which junk is kept or stored and which was located on August 16, 1965 in any dis- trict defined by the zoning ordinance of the city as a com- mercial or residential district, no junk shall be kept or stored 757 ~ 18-13 SALINA CODE ~ 18-14 and no such fence shall be erected nearer than fifty (50) feet to the line of any street or avenue upon which such yard or place abuts. (Code 1960, ~ 16-508; Ord. No. 6873, ~ 1, 8-16-65) Sec. 18-14. 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 articles 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 !Ind date and hour of purchase and shall furnish a true and correct copy of such list, signed by such purchaser, with the chief of police of the city, before noon of each day covering the articles purchased during 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 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 pur- chasing any such article to sell the same or to remove the same from the location at which it may be stored or kept, or to tear down or remove parts therefrom, until the same has been in his possession for at least forty-eight (48) hours. (Code 1960, ~ 16-510) [The next page is 783] 758 e Chapter 19 LIBRARY Art. I. In General, ~ll 19-1-19-30 Art. II. Offenses, lllll 19-31-19-33 Article I. In General Sec. 19-1. Composition of board. The library board shall consist of '3E'ven (7) appointed members and the mayor as an ex officio member. (Code 1960, S 15-101) State law reference--For similar provisions, see KS.A. 12-1222. Sec. 19-2. Appointment of board. e The mayor shall, as terms expire or vacancies occur, ap- point, with the approval of the board of commissioners, members of the library board. (Code 1960, S 15-101) Sec. 19-3. Terms of board members. Regular terms of members of the librtiry board shall be for four (4) years. ending April thirtieth. (Code 1960, S 15-101) State law reference--For similar provisions, see KS.A. 12-1222. Sec. 19-4. Powers of mayor as ex officio member of board. The mayor, as an ex officio member of the library board, shall have the same powers as appointed' members. (Code 1960, S 15-101) State law reference-For similar provisions, see KS.A. 12-1222. e Sec. 19-5. 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 1960, S 15-101) State law reference-For similar provisions, see K.S.A. 12-1222. 783 ~ 19-6 SALINA CODE ~ 19-11 Sec. 19-6. Residence of board members. All members appointed to the library board shall be resi- dents of the city. (Code 1960, ~ 15-101) State law reference--For similar provisions, see K.S.A. 12-1222. Sec. 19-7. Filling vacancies on board. Vacancies on the library board occasioned by removal from the city, resignation or otherwise, shall be filled by appoint- ment for the unexpired term. (Code 1960, ~ 15-101) State law reference--For similar provisions, see K.S.A. 12-1222. Sec. 19-8. 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 1960, ~ 15-101) State law reference-For similar provisions, see K.S.A. 12-1222. Sec. 19-9. Compensation of board. Members of the library board' shall receive no compensation for their services as such but shall be allowed their actual and necessary expenses in attending meetings and in carrying out their duties as members. (Code 1960, ~ 15-101) State law reference-For similar provisions, see K.S.A. 12-1222. Sec. 19-10. Corporate status, title, powers of board. The library board shall constitute a body corporate and politic, possessing the usual powers of a corporation for public purposes, under the name and style of "The Board of Directors of Salina Library" and under 'Such namr may contract, sue and be sued and acquire, hold and convey real and' personal property in accordance with law. (Code 1960, ~ 15-102) State law reference-For similar provisions, see K.S.A. 12-1223. Sec. 19-11. Approval of board dealings in real property re- quired. The acquisition or disposition of real property shall be subject to the approval of the governing body of the city. (Code 1960, ~ 15-102) State law reference-For similar provisions, see K.S.A. 12-1223. 784 e ~ 19-12 LIBRARY ~ 19-15 Sec. 19-12. Organization, officers of board. The members of the library board shall annually organize by the election of a chairman, a secretary ::md a treasurer and such other officers as they may deem necessary. (Code 1960, S 15-103) State law reference--For similar provisions, see K.S.A. 12-1224. Sec. 19-13. 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 1960, S 15-103) State law reference-For similar provisions, see K.S.A. 12-1224. e Sec. 19-14. Notice of special board meetings. Written notice, stating the time and place of any special meeting of the library board and the purpose for which called, shall, unless waived, be given each member of the board at least two (2) days in advance of such meeting, and no busi- ness other than that stated in the notice shall be transacted at such meeting. (Code 1960, S 15-103) State law reference--For similar provisions, see K.S.A. 12-1224. e Sec. 19-15. Powers, duties of board. The library board shall have the following powers and duties: Sec. 19-15(1). To make and adopt rules and regulations for the administration of the library; Sec. 19-15(2). With the approval of t,he board of commis- sioners to purchase or lease a site or sites and to lease or erect a building or buildings for the use of the library; Sec. 19-15(3). To acquire by purchase, gift or exchange, books, magazines, papers, printed materials, slides, pictures, films, projection equipment, phonograph rec- ords and other material and equipment deemed neces- sary by the board for the maintenance :md extension of modern library service; 785 * 19-15 SALINA CODE ~ 19-15 Sec. 19-15(4). To employ a librarian and such other em- ployees as the board 'Shall deem necessary and to remove them and to fix their compensation; Sec. 19-15(5). To establish and maintain a library or libraries and traveling library service within the city or within any other municipality with which service contract arrangements have been made; Sec. 19-15(6). To contract with other libraries established under the provisions of K.R.S. 12-1278 to 12-1235 in- clusive, or with the governing body of a municipality not maintaining a public library for the furnishing of library service to the inhabitants of such municipal- ity 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; Sec. 19-15 (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 providing library service; Sec. 19-15(8). To receive and accept any gift or donation to the library and administer the 'Same in accordance with any provisions thereof; Sec. 19-15(9). To make annual reports to the state librarian and the board of commissioners of the city on or before January thirty-first of each year for the preceding calendar year, showing receipts and disbursements from all funds under its control, and showing 'SUCll statistical information relating to library materials acquired and on hand, number of library users, library services available, and other information of general interest as the board of commissioners may require; Sec. 19-15(10). As to money received from sources other than a tax levy for library purpo8cs, in its discretion, to place such money in a separate fund or funds, or to place the money in the fund to which the tax levy money is credited unless the grantor or donor shall direct how and for what purpose the money shall be handled and spent. (Code 1960, ~ 15-104) State law reference-For similar provisions, see K.S.A. 12-1225. 786 e e e * 19-16 LIBRARY ~ 19-19 Sec. 19-16. Bond of treasurer. The treasurer of the library board shall give bond, in an amount fixed by said board and approved by the board of commissioners of the city, for the safekeE\ping and due dis- bursement of all funds that may come into his hands as such treasurer. Said bond shall be filed with the city clerk. (Code 1960, S 1<5-105) State law reference--For similar provisions, see K.S.A. 12-1226. Sec. 19-17. Duties of treasurer. The treasurer of Saline County shall pay over to the treas- urer of the library board all funds collected for the mainte- nance of the library, and the treasurer of the library board shall payout said funds on orders of the board signed by the secretary and chairman thereof. Such treasurer shall keep an accurate record of all moneys received and disbursed by him and make a report thereof to the library board monthly, or as often as said board shall require. (Code 1960, S 15-105) State law reference-For similar provisions, see K.S.A. 12-1226. Sec. 19-18. Use of library. The library shall be free to the use of the inhabitants of the city, subject always to such reasonable rules and regula- tions as the library board may adopt, and said board may exclude from the use of said library any and all persons who shall willfully violate such rules. The library board may extend the use and privilege of such library to nonresidents of the city and !nay make exchanges of books with any other library upon such terms and conditions as said board may from time to time by regulations prescribe. (Code 1960, S 15-106) State law reference--For similar provisions, see K.S.A. 12-1227. Sec. 19-19. Budgets and tax levies. In addition to the powers and duties conferred by law, the board of directors of the free public library shall prepare, publish and approve an annual budget for the maintenance and support of said free public library in the same manner as required by law applying to other taxing units and shall 787 ~ 19-19 SALINA CODE ~ 19-32 annually <levy a tax, not to exceed two and five-tenths (2.5) roiUs on each dollar of the assessed tangible valuation of the property of such city for the maintenance and support of such free public library, to be levied and collected in like manner with other taxes, which levy the clerk of 'Such board of directors shall on or before August twenty-fifth of each year, certify to the county clerk who is hereby authorized and required to place the same on the tax roll of said county to be collected by the treasurer of the county and paid over by him to the treasurer of such board of directors. (Code 1960. ~ 15-108) State law reference-For similar provisions, see K.S.A. 12-1215. Sec. 19-20. Penalties authorized. The board of commissioners of the city shall have power to pass laws or ordinances imposing suitable penalties for the punishment of injury committed to library buildings or other property and for injury to or failure to return any book or other library material belonging to such library. (Code 1960, ~ 15-107) State law reference-For similar provisions, see K.S.A. 12-1228. Sees. 19-21-19-30. Reserved. Article II. Offenses Sec. 19-31. Stealing, taking books, property. It shall be unlawful for any person to Rteal, take and carry away from the public library any book, pamphlet, periodica<l, paper or other property or take from the free public library of the city any such book, pamphlet, periodical, paper or other property in any manner except in accordance with the rules made by the board of directors of such Ubrary. (Code 1960, ~ 15-201) Sec. 19-32. Failing to return books after notice. It shall be unlawful for any person to take, borrow or obtain from the free pubUc Ubrary of the city any book, pamphlet, periodical, paper or other property, and neglect to return 788 e ~ 19-32 LIBRARY ~ 19-33 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 1960, 9 15-202) Sec. 19-33. Damaging books or property. It shall be unlawful for any person to wi!lfully 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 ::tny of the furniture or property in the rooms of the library. (Code 1960, 9 15-203) e e 789 (The next page is 815] e Chapter 20 LICENSES* Art. I. In General, 66 20-1-20-35 Art. II. Fees Established, U 20-36-20-74 Art. III. Going Out of Business License, 66 20-75-20-79 ARTICLE I. IN GENERAL e Sec. 20-1. License and compliance required. It shall be unlawful for any person, either as principal, officer, agent, servant or employee: Sec. 20-1(1). To conduct, pursue, carry on and operate in the city any of the trades, occupations, businesses or professions specified in the Salina Code without having first paid to the city clerk a license fee as hereinafter prescribed, and having procured a license from the city clerk signed by the city clerk to engage in and carryon such trade, occupation, business or profession. Sec. 20-1(2). To fail to comply with all the regulations as provided herein. (Code 1960, ~ 16-201; Ord. No. 8373, ~ 1, 11-25-74) Sec. 20-2. Application required. Any person engaging in any of the trades, occupations, businesses or professions upon which license fees are levied .Cross references-For licensing of loudspeakers and sound trucks, see ~ 3-5 et seq.; for alcoholic beverage licenses, see Ch. 6; for carni- vals, circuses and tent shows, see !l 7-18 et seq.; for public dances, see ~ 7-36 et seq.; for billiards, pool and shuffleboard, see ~ 7-68 et seq.; license for entertainment in food establishments, ~ 7-91 et seq.; licensing of arcades, i 7-108 et seq.; licensing of music machines, ~ 7-126 et seq.; license for sign businesses, ~ 9-68: for licensing of electrical contractors, see ~ 9-130 et seq.; for licensinp; of electrical mechanics, see ~ 9-145 et seq.: for licensing of plumbers, see ~ 9-217 et seq.; for licensing of jitU fitters. see ~ 9-276 et seq.; licensing of junk dealers, ~ 18-2 et seq.; for licensing of mobile home courts, see ~ 21-21 et seq.; for driver's and vehicle licenses, see ~ 22-27 et seq.; for licensinir of merchant and private policemen, see ~ 28-48 et seq.: for licensing of private refuse haulers, see * 31-62 et seq.; licenses to do concrete work in streets and other grounds, ~ 32-208; for licensing of tree trimmers and treaters, see ~ 33-21 et seq.; for licensing of vehicles for hire, see Ch. 34. - Supp. No. 22 815 ~ 20-2 SALINA CODE ~ 20-7 shall, except when otherwise provided, file an application with the city clerk for a license to carryon such trade, occu- pation, business or profession. Such application shall state the following facts: Sec. 20-2(1). The name and address of the applicant; Sec. 20-2(2). The nature and location of the business. (Code 1960, S 16-101) Sec. 20-3. Fee to accompany application. The application for a license shall be accompanied by the necessary fee. (Code 1960, S 16-101) Sec. 20-4. Clerk to receive and pay over fees. License fees levied by this chapter and other prOVlSlons of this Code shaU, 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. (Code 1960, S 16-102) Sec. 20-5. Deposit of fees. All license fees shall be credited to the general fund except when another fund is specifically desi.gnated by ordinance. (Code 1960, S 16-102) Sec. 20-6. Issuance of licenses. The city clerk shall issue all licenses, except when otherwise provided, and sign the same and impress the city seal thereon. (Code 1960, S 16-103) Sec. 20-7. Contents of licenses. 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 1960, S 16-103) Supp. No. 22 816 e ~ 20-8 LICENSES ~ 20-8 Sec. 20-8. When fees due. Sec. 20-8(1). Annual. All license fees levied on an annual 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. e e Supp. No. 22 816.1 e e e ~ 20-8 LICENSES ~ 20-11 Sec. 20-8(2). Biannual. All license fees levied on a six (6) month basis shall be paid on or before January second and July first of each year. Sec. 20-8(3). Monthly. All license fees levied on a monthly basis shall be paid on the first day of each calendar month. Sec. 20-8(4). Weekly. All license fees levied on a weekly basis shall be payable on Monday, the first business day of each week. (Code 1960, ~ 16-104) Sec. 20-9. Beginning business between paying dates. Any person entering into a trade, occupation, business or profession for which a license is required between license paying dates, shall immediately apply, pay for and obtain a license on the same basis as though such person were en- gaged in business on such license paying date; provided how- ever, 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 1st and the license fee estab- lished by the City Code is in excess of thirty-five dollars ($35.00), then the applicant shall be required to pay only one-half (l!2) of the fee established by the Salina Code. (Code 1960, ~ 16-105; Ord. No. 8374, ~ 1, 11-25-74) Sec. 20-10. Delinquency penalty. When a licensee continues operating 'lfter the license has expired and a new license is not secured' within thirty (30) days, a penalty of ten per cent (10%) of the amount of the license fee shall be added and paid anrl ten per cent (10%) of the amount of the license fee shall be added and paid for each additional thirty (30) days from the date of expiration of the old license. (Code 1960, ~ 16-106) Sec. 20-11. License to be posted, exhibited. Each license shall be posted in a conspicuous place where such trade, occupation, business or profession is carried on and the holder of such license shall immediately show such license to the license inspector or collector or his deputy or Supp. No. 19 817 ~ 20-11 SALINA CODE ~ 20-17 any police officer of the city upon being requested by such inspector, deputy or officer to do so. (Code 1960, ~ 16-107) Sec. 20-12. Regulated businesses subject to inspection. All trades, occupations, businesses and professions licensed shall, if regulated, be open and subject to inspection at all reasonable times by the proper officers of the city, under its police powers, in order for such officer to ascertain that the persons conducting trades, occupations, businesses or pro- fessions are complying with all of the police and health regulations of the city. (Code 1960, ~ 16-108) Sec. 20-13. 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 insppction when requested to do so by any officer of the city. (Code 1960, ~ 16-109) Sec. 20-14. Transferability. No license issued hereunder shall be transferable or as- signable. The licensed trade, occupation, business or profession shall not be transferred from place to place without the consent of the board of commissioners. (Code 1960, ~ 16-110) Sec. 20-15. Refunds prohjbited. No refund for the uFused period of a license shall be made. (Code 1960, S 16-11(t) Sec. 20-16. Separ:tte license required for each place of busi- nes!'". A separate license shall be obtained for each place con- ducted, opemted, maintained or carried on by each person engagrd iJ: any trade, occupation, business or profession for which a license is required. (Code 1960, g 16-111) Sec. 20-17. Forfeiture of license. Where there are regulations by ordinance f')r any trade, occupation, business or profession, pur<:ued, carried on or Supp. No. 19 818 e ~ 20-17 LICENSES ~ 20-17 operated in the city, any failure by any person to observe such regulations shall, without further action or proceedings of any kind whatsoever, forfeit the licem~e of the person fail- ing to observe such regulations. (Code 1960, ~ 16-112) e e Supp. No. 19 818.1 e e e ~ 20-18 LICENSES ~ 20-20 Sec. 20-18. Interstate commerce not affected. No provision of this chapter shall be construed in any way to relate to or interfere with the subject of commerce between states as provided by the Constitution of the United States, and as defined and decided by the Supreme Court of the State of Kansas, and it is hereby declared to be the intention not to levy any license fee on any of the interstate business of any licensee. (Code 1960, ~ 16-113) Sec. 20-19. Exemption for producers, growers. No producer or grower or his agents or employees, selling farm or garden products or fruits grown by him within the State of Kansas, in this city, shall be required to pay any license fee, and he is hereby exempted from the payment of any such license fee, or the securing of any license. Persons claiming to be exempt under this section shall furnish satis- factory proof of exemption if requested ny any police officer. (Code 1960, ~ 16-114) State law reference--For similar provisions, see K.S.A. 12-1617. Sec. 20-20. Exemption for veterans. All eX..lsoldiers and sailors of the Spanish-American War, and all ex-soldiers and sailors of World War I and World War II, who served honorably in the mUitary or marine ser- vice 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 said soldier or sailor is engaged in operating personally a delivery and baggage wagon owned exclusively by himself. Upon the presentation of his certificate and papers of dis- charge to the city clerk, and showing pr'oof of his identity 819 S 20-20 SALINA CODE S 20-24 as the person named in his certificate of honorable discharge, and having resided within the city six (6) months previous to the time of issuance of the license, the city clerk shall issue to said ex-soldier or sailor a license. Such license shall be free, 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 1960, 9 16-115) State law reference---For similar provisions, see K.S.A. 73-207, 73-220. Sec. 20-21. 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. (Code 1960, 9 16-116) Sec. 20-22. License not to authorize violation of law. Nothing herein shall be construed as to permit any licensee licensed under the provisions of this Code to violate any law of the United States, the State of Kansas or any provision of this Code or ordinance of the city. (Code 1960, S 16-117) Sec. 20-23. Compliance prerequisite to license. Provisions of this Code and other ordinances regulating any trade, occupation, business or profession required to pay a license fee and secure a license under this Code shall be observed and complied with before any license is issued. (Code 1960, S 16-118) Sec. 20-24. Violations, penalties. Any person who shall conduct, pursue or carryon, or oper- ate within the limits of the city any trade, occupation, busi- ness or profession for which a license or the payment of a license fee is required by this chapter or shall assist, di- rectly or indirectly, in so doing in any manner or any extent, 820 e e e ~ 20-24 LICENSES ~ 20-37 either as owner or proprietor or as any officer of any cor- poration, or as manager, superintendent, agent, servant or employee of any person, firm or corporation, after a license fee should have been paid or a license obtained to conduct, pursue, carryon or operate such trade, occupation, business or profession shall be guilty of a misdemeanor. Any person, whether as principal or as agent, who shall violate any other provision of this chapter than those imme- diately above enumerated, shall be guilty of a misdemeanor. (Code 1960, S 16-119) Sec. 20-25. Recovery of fee by suit. In addition to the criminal penalty, the city may recover in civil action in any court of competent jurisdiction the amount of the license fee imposed by this chapter, and no property of such debtor shall be exempt from forced sale under any process of law for such indebtedness except such exemptions as are allowed by the constitution of this state. (Code 1960, S 16-120) Sees. 20-26-20-35. Reserved. ARTICLE II. FEES ESTABLISHED Sec. 20-36. Scope. The license fees levied in this article shall be in the follow- ing amounts upon each of the following trades, occupations, businesses or professions, pursued, conducted or carried on by any person, firm, partnership or corporation whether as principal, agent, lessee, licensee, owner or in any other capa- city within the city limits of the city. (Code 1960, S 16-202) Sec. 20-37. Arcades. See section 7-110. Supp. No. 21 821 ~ 20-38 SALINA CODE ~ 20-45 Sec. 20-38. Auctioneers. Auctioneers, not including the proprietors or managers of auction rooms, thirty-three dollars ($33.00) per year. (Code 1960, ~ 16-203; Ord. No. 8393, ~ 1, 11-25-74) Sec. 20-39. Auction rooms or consignment auctions. Operators of auction rooms or consignment auctions, one hundred fifty dollars ($150.00) per year; or if the operator does not have an annual license then the license fee shall be twenty-five dollars ($25.00) per day. (Code 1960, ~ 16-204; Ord. No. 8027, ~ 1, 6-2-69; Ord. No. 8393, ~ 1, 11-25-74; Ord. No. 8482, ~ 1,4-19-76) Sec. 20-40. Beer. See section 6-35 et seq. Sec. 20-41. Billboards. See section 9-68 et seq. Sec. 20-42. Bowling alleys. Bowling alleys, thirteen dollars ($13.00) per alley for each year or fraction thereof. (Code 1960, ~ 16-205; Ord. No. 6861, ~ 1, 6-28-65; Ord. No. 8394, ~ 1, 11-25-74) Sec. 20-43. Canvassers. Itinerant or transient canvassers, or book, map or picture agents or salesmen, thirteen dollars ($13.00) per week. (Code 1960, S 16-206; Ord. No. 8394, S 1, 11-25-74) Sec. 20-44. Cereal malt beverages. See section 6-35 et seq. Sec. 20-45. Circuses, carnivals and tent shows. See section 7-18 et seq. Supp. No. 21 822 e ~ 20-46 LICENSES ~ 20-48 Sec. 20-46. Dances, public. See section 7-36 et seq. Sec. 20-47. Electricians. See sections 9-132, 9-152. Sec. 20-48. Fortunetellers, clairvoyants, etc. Any person occupied for any time as a fortuneteller, clair- voyant, mind reader, phrenologist, palmist, astrologist or advertising as any of such, twenty-five dollars ($25.00) per day. (Code 1960, ~ 16-207) e e Supp. No. 21 822.1 e ~ 20-57 ~ 20-49 LICENSES Sec. 20-49. Gas fitters. See section 9-276. Sec. 20-50. Ice cream vendors. Vendors selling ice cream or soft drinks from vehicles, thirty-three dollars ($33.00) per year. (Code 1960, ~ 16-208; Ord. No. 7028, S 1, 12-67; Ord. No. 8394, ~ 1,11-25-74) Sec. 20-51. Junk dealers. See Chapter 18. Sec. 20-52. Loudspeakers. See section 3-5 et seq. e Sec. 20-53. Merry-go-rounds. Merry-go-rounds, twenty-five dollars ($25.00) per year. (Code 1960, S 16-209) Sec. 20-54. Mobile home courts. See Chapter 21. Sec. 20-55. Museums. Museums, for the exhibition of paintings, works of art, or scientific, literary or other curiosities, for pay, two dollars ($2.00) per day, eight dollars ($8.00) per week. (Code 1960, ~ 16-210) Sec. 20-56. Music machines. See section 7-126 et seq. e Sec. 20-57. Pawnbrokers. The license fee for any person, firm or corporation engaged in the business of a pawnbroker as defined by K.S.A. 16-706 within the corporate limits of the city shall be one hundred dollars ($100.00) per year. (Ord. No. 8461, S 1, 12-8-75) Supp. No. 20 823 f 20-&8 SALINA CODE I 20-64 Sec. 20-58. Pinball, marble games, amusement devices. For the operation of any pinball game, marble table game, marble game, amusement device and similar games and de- vices, whether operated in whole or in part by hand or by sight or by photo-electric cell, thirty-three dollars ($33.00) per year on each machine operated for any length of time each year. (Code 1960, ~ 16-213; Ord. No. 6667, ~ 1, 11-6-62; Ord. No. 7028, ~ 1, 12-4-67; Ord. No. 8394, ~ 1, 11-25-74) Sec. 20-59. Photographers, itinerant. Itinerant or transient photographers soliciting business or taking pictures and selling the same in the city, thirty-three dollars ($33.00) per week. (Code 1960, ~ 16-214; Ord. No. 7028, ~ 1, 12-4-67; Ord. No. 8394, S 1,11-25-74) Sec. 20-60. Plumbers. See section 9-217 et seq. See. 20-61. Pool or billiard table. See section 7-68 et seq. Sec. 20-62. Pool table, miniature. See section 7-69. Sec. 20-63. Shuffleboards. See section 7-69. Sec. 20-64. Shooting gallery. Shooting gallery, five dollars ($5.00) per day, thirty-three dollars ($33.00) per month, or sixty-six dollars ($66.00) per year. (Code 1960, ~ 16-217; Ord. No. 8394, S 1, 11-25-74) Supp. No. 20 824 e e e I 20-65 LICENSES I 20-70 Sec. 20-65. Skating rinks. Skating rinks, sixty-six dollars ($66.00) per year; and no license shall be issued for less than one year. (Code 1960, ~ 16-216; Ord. No. 8394, ~ 1, 11-25-74) Sec. 20-66. Street parades; street advertising. Street parades and all persons walking or driving over the streets of the city, advertising by means of printed banners, signs or streamers or by ringing bells, loud calling or an- nouncements intended to attract the attention of people and for the purpose of advertising any entertainment not other- wise named in this article, five dollars ($5.00) for each parade or advertising "stunt". (Code 1960, ~ 16-218; Ord. No. 8394, ~ 1, 11-25-74) Sec. 20-67. Taxicabs. See Chapter 34. Sec. 20-68. Theaters, drive-in theaters and opera houses. Theaters, drive-in theaters, or opera houses, one hundred thirty-three dollars ($133.00) per year. (Code 1960, ~ 11-211; Ord. No. 7028, A 1, 12-4-67; Ord. No. 8394, ~ 1, 11-25-74) Sec. 20-69. Vehicle auctions at wholesale. Person, firm or corporation, either as principal, officer, agent, servant or employee engaged in the business of selling at auction wholesale new or used automobiles or trucks, one hundred thirty..three dollars ($133.00) per year. (Code 1960, I 16-219; Ord. No. 8394, ~ 1, 11-25-74) Sec. 20-70. Vehicles for hire. See Chapter 34. Supp. No. 22 825 ~ 20-71 SALINA CODE ~ 20-77 Sees. 20-71-20-74. Reserved. ARTICLE III. GOING OUT OF BUSINESS LICENSE Sec. 20-75. License required; fees. It shall be unlawful for any person, firm or corporation to advertise or conduct or carry on in the city any sales of goods, wares or merchandise that is represented as quitting business, going out of business, complete liquidation or similar sale with- out first having filed with the city clerk the inventory under oath herein provided for, complying with the provisions of this article and obtaining from the city clerk a license to do so as a "closing out sale license". No goods, wares or mer- chandise shall be included in the inventory which are not actually in the place of business described in the application for license at the time the application is made. All sales gov- erned by the provisions of this article shall be conducted in the place of business described in the application and license. The fee for such license shall be two hundred dollars ($200.00) for a period of not to exceed ninety (90) days. (Ord. No. 8539, ~ 1, 1-31-77) Sec. 20-76. Application for license. The inventory referred to in section 20-75 shall be made part of the application for license hereunder, which application shall be in writing. The application shall also state the place and manner of conducting such a sale. The application shall be signed by the person seeking to secure a license, or by the proper officer of the corporation, if it is a corporation, and the application shall be sworn to by the proper person signing such application, which oath shall state the information given therein is full, true, and known to the affiant to be so. (Ord. No. 8539, ~ 1, 1-31-77) Sec. 20-77. Time limitation. Only one license required in section 20-75 shall be issued to anyone person, firm or corporation within a twelve-month Supp. No. 22 826 e ~ 20-77 LICENSES ~ 20-79 period, and such license shall not be issued to anyone person for a longer period of time than ninety (90) days. (Ord. No. 8539, ~ 1, 1-31-77) Sec. 20-78. Goods which may be advertised. It shall be unlawful to advertise, sell or e~pose 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 regular stock of the store whi~ closed out at such sale or to make any repleni~ents or additions to such stock for the purpose of such sale during the time thereof. No wares or merchandise shall be sold other than those actually included in the inventory. (Ord. No. 8539, ~ 1, 1-31-77) e See. 20-79. 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. (Ord. No. 8539, ~ 1, 1-31-77) e Supp. No. 22 [The next page is 851] 827 Chapter 21 MOBILE HOMES AND MOBILE HOME P ARKS* Art. I. Definitions, ~~ 21-1-21-11 Art. II. General Regulations Applicable to All Existing and Future Mobile Homes and Mobile Home Owners, ~~ 21-12-21-29 Art. III. New Parks or Park Expansions, ~~ 21-30-21-42 Art. IV. Penalty Provision, !} 21-43 ARTICLE I. DEFINITIONS See. 21-1. Definitions. Sec. 21-1 (1). Recreational Space (open space): Any area or space designed for joint use of tenants occupying mobile home parks. Sec. 21-1 (2). Easement: A vested or acquired right to use land, other than as a tenant, for a specified purpose. Sec. 21-1 (3). Mobile home: Any movable structure designed for occupancy as a residence, office, business, etc., which was not or cannot be determined to have been built in accordance with the building code of the city. This definition excludes any movable structure which was designed for recreational pur- poses or not designed for permanent attachment to utilities. Sec. 21-1 (4). Mobile home park or court: 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 include sales lots on which unoccupied mobile homes, whether new or used, are located for the purposes of storage, inspection, or sale. *Editor's note--Ord. No. 8485, ~~ 1, 2, enacted May 3, 1976, repealed former Ch. 21, pertaining to mobile homes and mobile home courts, and enacted in lieu thereof a new Ch. 21 as herein set out. Former Ch. 21 was derived from Code 1960, ~.~ 8-901-8-908; Ord. No. 7023, adopted Nov. 27, 1967; Ord. No. 8087, adopted June 15, 1970; Ord. No. 8338, adopted March 4, 1974; and Ord. No. 8395, adopted Nov. 25, 1974. Cross references--Building regulations generally, Ch. 9; mobile home craftsmen, ~ 9-411 et seq.; fire protection and prevention, Ch. 12; hous- ing, Ch. 16; planning, Ch. 27; refuse, Ch. 31; streets and sidewalks, Ch. 32; zoning, Ch. 36. Supp. No. 22 851 ~ 21-1 SALINA CODE ~ 21-12 Sec. 21-1(5). Mobile home space (area unit): 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. Sec. 21-1 (6) . Mobile home stand: 'That part of an individ- ual area which has been reserved for the replacement of the mobile home, appurtenant structures or additions. Sec. 21-1 (7). Re(!reational vehicle: A vehicular-type unit primarily designed as temporary living quarters for recrea- tional, 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, truck camper, and motor home. Sec. 21-1 (8). Roadway: A private street which affords a principal means of public access to properties or structures; same to be identified on the plan. (Ord. No. 8485, ~ 1, 5-3-76; Ord. No. 8554, SS 1-3, 3-28-77) Sees. 21-2-21-11. Reserved. -~.'-. ARTICLE II. GENERAL REGULATIONS APPLICABLE TO ALL EXISTING ANn FUTURE MOBILE HOMES AND MOBILE HOME OWNERS Sec. 21-12. Location of mobile homes. Sec. 21-11.2(1). It shall be unlawful for any person to maintain, 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 ordinances of the City of Salina, except [as provided below]. Sec. 21-12(2). It shall be permissible hereunder for a bona fide guest of the householder to park a recreational 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 during Supp. No. 22 852 e e e ~ 21-12 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-15 such fifteen-day period and it does not constitute a hazard or a nuisance. (Ord. No. 8485, ~ 1,5-3-76) Sec. 21-13. Placement of mobile homes. Sec. 21-13(1). Except as herein provided mobile homes for use as a residence shall be placed on mobile home stands and tied down and blocked as designated by Kansas statutes Annotated. (K.S.A. 75-1226 through 75-1232). Sec. 21-13(2). Mobile homes in parks existing prior to the adoption of this chapter [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 building located in the mobile home court. Sec. 21-13(3). All mobile homes in new parks or park ex- pansions shall be located so as to maintain a clearance of not less than twenty (20) feet from another mobile home or appurtenance thereto, except when placed end-to-end there shall be a minimum separation of twelve (12) feet. No mobile 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. (Ord. No. 8485, ~ 1,5-3-76) Sec. 21-14. Alteration of systems of mobile homes. All alterations of internal mechanical systems (electric, gas and plumbing) shall comply with the applicable sections of the Salina Code. (Ord. No. 8485, ~ 1, 5-3-76) Sec. 21-15. Environmental standards. Sec. 21-15(1). Drainage. Every park or portion thereof to be constructed under the provisions of this chapter shall pro- vide for the following in the manner herein specified: (a) All land proposed for mobile home parks shall be pro- tected against flooding. (b) All such parks shall be drained and shall be located in areas free from swamps or standing pools of water Supp. No. 21 853 ~ 21-15 SALINA CODE ~ 21-17 (c) The ground surface in all parts of every park shall be graded and equipped to drain all surface water. Sec. 21-15(2). Nuisances. All parks shall be maintained free of public nuisances. (Ord. No. 8485, 9 1, 5-3-76) Sec. 21-16. Stonn protection. Sec. 21-16(1). Storm shelters. In each new park or in park expansions of ten (10) units or more, accumulated from the date of this chapter, properly ventilated and constructed storm shelters shall be provided in a central or other convenient lo- cation 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 buildings codes of the City of Salina. (Ord. No. 8485, S 1,5-3-76) Sec. 21-17. Responsibilities. The mobile home park owner shall be responsible for the acts of any of his agents, servants, employees, or representa- tives. Sec. 21-17(1). Responsibilities of the mobile home park owner. It shall be the responsibility of the mobile home park owner to: (a) See that each unit is properly located and secured in conformance with this chapter. (b) See that initial connections of each mobile home to gas, liquified petroleum, electricity, water and sew- erage systems are performed by a licensed crafts- man, i.e., electrician, plumber, gas fitter, or mobile home craftsman, in accordance with the Salina Code. (c) Provide each mobile home space with a minimum of one hundred (100) amperes service (two (2) fifty (50) amperes mains within the park service sup- ply) and outlets to provide two hundred twenty (220) volts, to all mobile homes equipped for such service. Supp. No. 21 854 e ~ 21-17 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-17 e (d) Keep a register containing a record of all mobile homes, owners if not owner occupied, and tenants located within each park. The register shall contain the name and address of each known occupant; the apparent make, model, year and manufacturer of each mobile home; the dates of arrival and de- parture of each mobile home. The person operating each park shall keep the register available for in- spection at all reasonable hours by law enforcement officers, assessors and other officials whose duties necessitate acquisition of such information. The original records of the register shall not ~e de- stroyed for a period of one year following the date of registration. (e) Keep a map of the park outlining the address, num- ber and location of each mobile home. A copy of said map shall be furnished to the emergency pre- paredness office. (f) Provide for the storage, collection, and disposal of refuse and garbage so as not to create a health hazard, rodent harborage, insect breeding area, accident or fire hazard, or unsightly condition. 1. All refuse and garbage shall be stored in fly- tight, watertight, rodent-proof containers. Containers shall be provided in sufficient number and capacity to properly store all refuse and garbage. 2. 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 mini- mize spillage and container deterioration, and to facilitate cleaning around them. 3. All refuse and garbage shall be collected at least once weekly by a licensed private refuse hauler. e Supp. No. 21 855 ~ 21-17 SALINA CODE ~ 21-18 (g) Obtain the required licenses. (h) Obtain all building permits for accessory buildings or structures. (i) Insure that all new mobile home installations and lots upon which they are located are inspected at time of installation by inspection department. Sec. 21-17(2). Responsibility of the mobile home owner. It shall be the responsibility of the mobile home owner to: (a) Acquire permits before altering and connecting any structural, electrical, gas, mechanical, or sanitary systems within the mobile home. (b) The power supply to the mobile home shall be a feeder assembly consisting of not more than three (3) mobile home power-supply cords, each rated fifty (50) amperes, or a permanently installed cir- cuit. Exception: A mobile home that is factory-equipped with gas or oil-fired central heating equipment and cooking appliances shall be permitted to be pro- vided with a mobile home power-supply cord rated forty (40) amperes. (c) The overall length of a power-supply cord, measured from the end of the cord to the face of the attach- ment shall not exceed thirty-six and one-half (36%) feet. Cords with adapters and pigtail ends, splices, extension cords, and similar items will not be permitted. (d) Skirt the mobile home with a solid and wind-re- sistant material to be approved by the mobile home park owner. Skirting shall enclose the total open area under the mobile home. (Ord. No. 8485, ~ 1, 5-3-76) Sec. 21-18. Licensing. Sec. 21-18(1). License required. It shall be unlawful for any person to maintain or operate within the corporate limits Supp. No. 21 856 e e e ~ 21-18 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-18 of the city, any mobile home park unless such person shall first obtain a license therefor as hereinafter provided. The city clerk shall issue a license for the operation of a mobile home court when presented with: (a) Written application by owner or lessee of such mobile home court on forms supplied by the city clerk; (b) The receipt of the city treasurer for the proper fees, as hereinafter provided; (c) Proof that the proposed park is zoned correctly or is an existing nonconforming use; (d) Certification by the building inspector that the park complies with all applicable sections of the Salina Code. Sec. 21-18(2). License fees. An annual fee of three dollars and fifty cents ($3.50) shall be paid for each available stand existing any time during the year upon approval of application for licensing (relicensing). Sec. 21-18(3). Expiration, renewal of license, renewal fee. Each mobile home license shall be payable on or before Jan- uary second of each calendar year and such license shall be deemed to expire on December thirty-first of each calendar year. For each park whose initial licensing falls on other than the first half of the year, the fee shall be in accordance with section 20-9 of the Salina Code. Sec. 21-18(4). License to be posted. The mobile home park license shall be conspicuously posted on the permises of the mobile home park at all times. Sec. 21-18(5). Revocation of mobile home park license. (a) If, at any time, it is determined by the city that the mobile home park does not conform to the applicable sections of the Salina Code, the mobile home park owner shall be given sixty (60) days to bring the park into compliance. (b) If the owner fails to comply with the applicable sections of the Salina Code, his license shall be revoked and it Supp. No. 21 857 ~ 21-18 SALINA CODE ~ 21-19 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. (c) Mobile home park residents shall be given sixty (60) days to relocate their mobile homes from the unlicensed park. (d) Additional sixty-day extensions may be granted by the building inspector in cases of undue hardship and a bona fide effort by such mobile home park licensee to comply with the Salina Code. (Ord. No. 8485, ~ 1, 5-3-76) Sec. 21-19. Park service distribution systems. Sec. 21-19(1). Gas distribution system. The gas distribution system in the mobile home park shall meet all the require- ments of the Salina Code. When liquified petroleum gas is used, the provisions of the "Rules and Regulations Relating to the Liquified Petroleum Gas Industry of the State of Kansas" as adopted by the Salina Code shall apply. (a) Gas service systems shall be inspected by the inspection department prior to release of service. (b) Connection of a gas line to the mobile home shall be by a flexible connector bearing the seal of the American Gas Association. (c) An iron-bodied, brass core cock with provisions 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. (d) An automatic shut-off with plastic nipple shall be in stalled directly above the core cock. (e) Gas meters shall be removed upon discontinuance of service by gas service company. Slugging of meters is prohibited. Sec. 21-19(2). Park water distribution systems. The water distribution system in the mobile home park shall meet all the Supp. No. 21 858 e e e ~ 21-19 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-30 requirements of the Salina Code and the state board of health. The size and location of all water mains shall be approved by the city engineer. Sec. 21-19(3). Electrical distribution system. The electrical distribution system in the mobile home park shall meet all the requirements of the Salina Code. (a) Electrical service systems shall be inspected by the in- spection department prior to release of service. (b) 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). (c) No splices shall be allowed in any mobile home power- supply cord. (d) Electrical meters shall be removed upon discontinuance of service by electrical service company. Slugging of meters is prohibited. Sec. 21-19(4). Sanitary sewerr system. Individual sewer connections shall be provided for each mobile home space in the park and shall meet all the requirements of the Salina Code and the state board of health. The size and location of all sewer mains shall be approved by the city engineer. Sec. 21-19(5). Fire protection. Within each mobile home park there shall be provided a fire protection system ap- proved by the fire chief in accordance with the Mobile Home Park Fire Safety Code of the National Fire Protection Asso- ciation (NFPA). (Ord. No. 8485, ~ 1, 5-3-76) Sees. 21-20-21-29. Reserved. ARTICLE III. NEW PARKS OR PARK EXPANSIONS See. 21-30. Development requirements. Sec. 21-30(1). Compliance with zoning. Nothing in this chapter shall be construed as authorizing a mobile home park in any part of the city contrary to the zoning ordinance. Supp. No. 22 859 ~ 21-30 SALINA CODE ~ 21-32 Sec. 21-30(2). Size, marking, parking, drainage and recrea,- tional areas for 'tnobile 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 markers with space provided for off-street parking for two (2) automobiles and shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water. Each space shall be at least forty (40) feet wide and one hundred (100) feet in depth, except in the case of corner lots which shall provide a minimum 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 considered as recreational or open areas. Sec. 21-30(3). The 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 end-to-end there shall be minimum separa- tion of twelve (12) feet. No mobile 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. (Ord. No. 8485, ~ 1, 5-3-76; Ord. No. 8555, ~ 1, 3-28-77) Sec. 21-31. Park plan. Any person hereafter desiring to develop or enlarge a mobile home park shall submit a plan in conformance with the zoning ordinance. (Ord. No. 8485, S 1,5-3-76) Sec. 21-32. Construction standards. Sec. 21-32(1). Public streets. All dedicated public streets within the environs of the park shall be constructed in accord- ance with the city engineering street development and pave. ment standards prior to placement of mobile homes on stands. Supp. No. 22 860 e e e ~ 21-32 MOBILE HOMES AND MOBILE HOME PARKS ~ 21-32 Sec. 21-32(2). Roadways (private streets). (a) General layout. 1. Roadways used as public ways shall be provided on the site where necessary to furnish principal trafficways for convenient access to the mobile home stands, or drives or other facilities in the park. 2. They shall be designed to permit connection with existing facilities where necessary for the proper functioning of the drainage and utility systems. 3. They shall be designed for the convenient move- ment of traffic. Dead-end streets shall be provided with adequate surfaced turning space, a minimum of sixty (60) feet in diameter with no parking, and eighty (80) feet in diameter with parking. The maximum length of a dead-end street shall be six hundred (600) feet. (b) Intersections generally shall be at right angles and at no point intersect at an angle less than sixty (60) de- gree$. Intersections of more than two (2) streets at one point shall be avoided. (c) 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. (d) Surfacing. All streets, roadways, and parking 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 abutting stands. Sec. 21-32(8). Fire protection. The fire chief shall desig- nate certain streots or roadways within the park as fire lanes. Sec. 21-32(4), Lightinll. All interior streets and walkways shall be lighted by not less than three-tenths (8/10) foot- candles of artiticiallisrht, Supp. No. 22 861 ~ 21-32 SALINA CODE ~ 21-43 Sec. 21-32(5). 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. Sec. 21-32(6). Mobile home stand. (a) Construction. 1. Flexible surface: A minimum of five (5) inches thick gravel, stone or compacted surface treated to discourage plant growth, or 2. Hard surface: A minimum of eighteen (18) inches wide concrete ribbons or slabs capable of carrying the weight of the mobile home. Sec. 21-32(7). Addresses shall be posted. Each approved mobile home stand will be assigned an address by the city en- gineering 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. (Ord. No. 8485, ~ 1,5-3-76) Sees. 21-33-21-42. Reserved. ARTICLE IV. PENALTY PROVISION See. 21-43. Violations. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. No. 8485, ~ 1, 5-3-76) [The next page is 883] Supp. No. 22 862 e e . Chapter 22 MOTOR VEHICLES AND TRAFFIC* Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. Art. VIII. Art. IX. Art. X. Art. XI. Art. XII. Art. XIII. Art. XIV. In General, gg 22-1-22-26 Drivers' and Vehicle Licenses, gg 27-27-22-45 Signs, Signals and Markings Generally, gg 22-46-22-66 Operation, gg 22-67-22-131 Stopping, Standing and Parking, Generally, g~ 22-132- 22-168 Parking Meters, gg 22-169-22-201 Riding Vehicles, gg 22-202-22-210 Pedestrians, gg 22-211-22-233 Parades and Processions, ~ 22-234-22-247 Trains and Railroads, gg 22-248-22-265 Accidents, gg 22-266-22-283 Vehicle Equipment and Condition, gg 22-284-22-324 Size, Weight and Load, gg 22-325-22-343 Violations and Penalties, gg 22-344-22-352 Article I. In General Sec. 22-1. Definitions. Unless otherwise provided, the following word's and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section. Sec. 22-1 (1). Alley or alleyway. A public passage or way not meant primarily as a substitute for a street and intended to serve or give access to the rear of lots or buildings. Sec. 22-1 (2). Authorized emergency vehicle. Vehicles of the fire department (fire patrol), police venicles, and such am- bulances and emergency vehicles as are dpsignated or author- ized by the commission or the chief of police. Sec. 22-1 (3). Bicycle. Every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than sixteen (16) inches in diameter. Sec. 22-1 (4). Bu,S. Every motor vehicle designed for carry- ing more than ten (10) passengers and Ilsed for the trans- *Cross ref{',rences-Fol' regulation of vehicles for hire, see Ch. 34; standards for vehicles transporting refuse, ~' 31-73. 883 ~ 22-1 SALINA CODE ~ 22-1 portation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. Sec. 22-1 (5). Business district. The territory contiguous to and including a highway when fifty per cp.nt (50%) or more of the frontage thereon for a di'Stance of three hundred (300) feet or more is occupied by buildings in use for business. Sec. 22-1 (6). Commission. The highway commission of this state. Sec. 22-1 (7). Crosswalk. (a) That portion of a roadway at an intersection included within the connections of the lateral lines of sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (b) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the 'Surface. Sec. 22-1 (8). Department. The department of motor ve- hicles of the highway commission of this state acting directly or through its duly authorized officers and agents. Sec. 22-1 (9). D01,lble parking. The shmding or stopping of a vehicle in the line of traffic and (a) to the rear of a vehicle angle parked, or to the rear of a space where a vehicle may be parked at any angle to the curb or edge of the roadway, or (b) to the roadway side of a vehicle rarked parallel with the curb or edge of the roadway or the roadway side of the space in which a vehicle may be parked parallel to the curb or edge of the roadway. Sec. 22-1 (10). Driver. Every person who drives or is in actual physical control of a vehicle. Sec. 22-1 (11). Explosives. Any chemical compound or me- chanical mixture that is commonly used or intended for the purpose of producing an explosion, and' which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, 884 e e e S 22-1 MOTOR VEHICLES AND TRAFFIC S 22-1 by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb. Sec. 22-1 (12). Farm tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machine'S, and other implements of husbandry, in- cluding self-propelled farm combines. Sec. 22-1 (13). Flammable liquid. Any liquid which has a flash point of seventy (70) degrees Fahrenheit, or less, as determined by a tabliabue or equivalent closed cup test device. Sec. 22-1 (14). Intersection. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at. or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Sec. 22-1 (15). Laned highway. A highway the roadway of which is divided into three (3) or more clearly marked lanes for vehicular traffic. Sec. 22-1 (16). Metal tire. Every tire the surface of which, in contact with the highway, is wholly or partly of metal or other hard nonresilient material. Sec. 22-1 (17). Motorcycle. Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. Sec. 22-1 (18). Motor-driven cycle. Eyery motorcycle, in- cluding every motor scooter, with a motor which produces not to exceed five (5) horsepower, and every bicycle with motor attached. Sec. 22-1 (19). Motor vehicle. Every vehicle which is self- propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rail'S. 885 S 22-1 SALINA CODE S 22-1 Sec. 22-1 (20). Official time standard. Whenever certain hours are specified they shall mean standard time or daylight saving time as may be in current use in this city. Sec. 22-1 (21). Official traffic-control devices. All signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. Sec. 22-1 (22). Official traffic-control signal. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. Sec. 22-1 (23). Owner. A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agree- ment for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter. Sec. 22-1 (24). Park. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Sec. 22-1 (25). Pedestrian. Any person afoot. Sec. 22-1 (26). Person. Every natura! person, firm, co- partnership, association or corporation. Sec. 22-1 (27). Pneumatic tire. Every tire in which com- pressed air is designed to support the load. Sec. 22-1 (28). Pole trailer. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or Eltructural members capable, generally, of sustaining themselves as beams between the supporting connections. 886 e e e S 22-1 MOTOR VEHICLES AND TRAFFIC S 22-1 Sec. 22-1 (29). Police officer. Every officer authorized to direct or regulate traffic or to make arrest for violations of traffic regulations. Sec. 22-1 (30). Private road or driveway. Every way or place in private ownership and used for vehicular travel by the owner and' those having express or implied permission from the owner, but not by other persons. Sec. 22-1 (31). Railroad. A carrier of !Jersons or property upon cars, other than streetcars, operated upon stationary rails. Sec. 22-1 (32). Railroad sign or signal. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. Sec. 22-1 (33). Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. Sec. 22-1 (3ft-). Residence district. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (30'0) feet or more is in the main improved with resi- dence or residences and buildings in use for business. Sec. 22-1(35). Right-of-way. The privilege of the immediate use of the highway. Sec. 22-1 (36). Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed a'S to carry any load' thereon either independently or any part of the weight of a vehicle or load so drawn. Sec. 22-1 (37). Roadway. The portion of a highway im- proved, designed, or ordinarily used for vehicular travel. Sec. 22-1 (38). Safety zone. The area Jr space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by ade- quate signs as to be plainly visible at all times while 'Set apart as a safety zone. 887 S 22-1 SALINA CODE S 22-1 Sec. 22-1 (39). School bus. Every motor vehicle owned by a public or governmental agency and operated for the trans- portation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school. Sec. 22-1 (40). Semitrailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load reRts upon or is carried by another vehicle. Sec. 22-1 (41). Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the ad- jacent property lines intended for the use of pedestrians. Sec. 22-1 (42). Solid tirel. Every tire of rubber or other re- silient material which does not depend npon compressed air for the 'Support of the load. Sec. 22-1 (43). Standing. Any stopping of a vehicle, whether occupied or not. Sec. 22-1 (44). Stop. When required, means complete ces- sation of movement. Sec. 22-1 (45). Stop or stopping. When prohibited, means any stopping of a vehicle whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic- control sign or signal. Sec. 22-1(46). Street or highway. The entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the nse of the public for purposes of vehicular traffic. Where the word "highway" or the word "street" i'S used in this chapter or other traffic ordi- nances of the city, it shall mean street, avenue, boulevard, thoroughfare, trafficway, alley and any other way for ve- hicular travel by whatever name unless the context clearly indicates otherwise. Sec. 22-1(47). Through highway. Every highway or portion thereof at the entrances to which vehicular traffic from inter- 888 e e e S 22-1 MOTOR VEHICLES AND TRAFFIC ~ 22-3 secting highways is required by law to stop before entering or crossing the same and when stop signs are erected as pro- vided in this chapter or state law. Sec. 22-1 (48). Traffic. Pedestrians, ridden or herded ani- mals, vehicles, streetcars, and other conveyances either sing- ly or together while using any highway for purposes of travel. Sec. 22-1 (49). Trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle. Sec. 22-1 (50). Truck. Every motor Vf~hicle designed, used or maintained primarily for the transportation of property. Sec. 22-1 (51). Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so con- structed as to carry a load other than a part of the weight of the vehicle and load so drawn. Sec. 22-1 (52). Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (Code 1960, ~ 27-101) State law reference-For similar provisions, see K.S.A. 8-501. Sec. 22-2. 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. Sec. 22-3. Provisions applicable to areas open to public ve- hicular travel. The provisions of this chapter and the other traffic ordi- nances of the city shall be applicable to all areas open to the public for vehicular travel, whether publicly or privately owned. 889 ~ 22-4 SALINA CODE ~ 22-8 Sec. 22-4. Obedience to chapter required. It is unlawful for any person to do :my act forbidden or fail to perform any act required in this chapter. (Code 1960, ~ 27-202) State law reference--For similar provisions, see K.S.A. 8-503. Sec. 22-5. Obedience to police officers. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic. (Code 1960, ~ 27-203) State law reference--For similar provisions, see K.S.A. 8-504 Sec. 22-6. Appointment of school crossing guards. The chief of police shall recommend and the manager shall appoint school crossing guards. Sec. 22-7. Obedience to school crossing guards. The driver of any vehicle traveling on any street designated as a school zone or school zone crosswalk shall bring such ve- hicle 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, schor)l flagman or school patrol placed in such street for the purpose of directing traffic past any such school building or crosswalk; and after being signaled to stop, it 'shall be unlawful for the driver of any such vehicle to proceed along any such street until such street is cleared of school children and until the person giving such signal shall have signalsd the driver of such vehicle to pro- ceed. (Ord. No. 6622, ~ 1, 4-24-62) Sec. 22-8. Obedience to school crossing signs. Unless otherwise directed by a school crossing guard or traffic officer, all vehicles shall stop as required by the legend on any sign or signal erected or in place at any school zone crosswalk. Such sign or signal may require either that all vehicles stop at such school zone crosswalk or that all vehicles stop when pedestrians are within such school zone crosswalk. (Code 1960, ~ 27-1109) 890 e e e S 22-9 MOTOR VEHICLES AND TRAFFIC ~ 22-10 Sec. 22-9. Applicability to public employees. The provisions of this chapter applicahle to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the Unitd States, this state or any county, city, town, district, or any other political sub- division of the state, subject to such specific exceptions as are set forth in this chapter with reference to authorized emer- gency vehicles. (Code 1960, S 27-204) State law reference-For similar provisions, see K.S.A. 8-505(a). Sec. 22-10. Exemptions for emergency vehicles. Sec. 22-10(1). The driver of any authorized emergency ve- hicle when responding to but not upon returning from an emergency call or when in the pursuit of an actual or sus- pected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. Sec. 22-10(2). The driver of an authorized emergency ve- hicle may: (a) Park or stand, irrespective of the provisions of this chapter; (b) Proceed' past a red or stop signal or stop sign, but only after slowing down as may be neces::'\ary for safe opera- tion; (c) Exceed the maximum speed limits so long as he does not endanger life or property; (d) Disregard regulations governing direction of move- ment or turning in specified directions. Sec. 22-10(3). The exemptions herein granted to an author- ized emergency vehicle shall apply only when such vehicle is making use of audible and visual signals meeting the re- quirements of K.S.A. 8-5, 102 except that an authorized emer- gency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the ve- hicle. Sec. 22-10(4). The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to 891 ~ 22-10 SALINA CODE ~ 22-14 drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his ordinary negligence or reckless disregard for the safety of others. (Code 1960, S 27-204) State law reference-For similar provisions, see K.S.A. 8-505(b)-(e). Sec. 22-11. Applicability to vehicles, persons doing road work. Unless specifically made applicable, the provisions of this chapter which relate to the operation of vehicles upon a high- way, except those contained in sections 22-67 and 22-76, shall not apply to persons, teams, motor vehicles and other equip- ment while actually engaged in work upon the surface of a highway, but shall apply to such persons and vehicles when traveling to or from such work. (Code 1960, S 27-204) State law reference-For similar provisions, see K.S.A. 8-505 (f). Sec. 22-12. Applicability to bicycles, animals, animal-drawn vehicles. Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a roadway shall be subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application. (Code 1960, S 27-205) State law reference-For similar provisions, see K.S.A. 8-506. Sec. 22-13. 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 permission of the owner and not as a matter of right from prohibiting such use, or from require- ing 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 1960, S 27-306) State law reference-For similar provisions, see K.S.A. 8-509. Sec. 22-14. Impounding, removal of nuisance vehicles. Sec. 22-14(1}. In order to provide for the safety of property, any vehicle being operated by any person upon any street or 892 e e . S 22-14 MOTOR VEHICLES AND TRAFFIC S 22-14 alley in the city, the operator of which is then arrested for the alleged commission of a public offense and which operator fails to make bond within one hour afi:er being committed to jail and further fails to place any such vehicle in the care and charge of some person designated by ::mch operator, then such vehicle is hereby declared to be a public nuizance. It shall be the duty of the chief of police to cause any such vehicle to be removed and impounded in a public vehicular storage garage. Thereafter, such vehicle shall be surrendered to the duly identified owner thereof only upon the payment of a pound fee of two dollars and fifty cents ($2.50), together with any additional storage and tow-in fee which is necessarily incurred by the chief of police or anyone acting pursuant to his orders or directives. Sec. 22-14(2). Any unoccupied vehicle left parked continu- ously upon any street of the city twenty-four (24) hours or more is hereby declared to be a nuisance. It shaH be the duty of the chief of police to cause any such vehicle to be removed to and impounded in a public vehicular garage. Such vehicle shall be surrendered to the identified owner thereof, only upon the payment of the pound fee of two dollars and fifty cents ($2.50), together with any additional storage charge or tow-in fee, which is necessarily incurred by the chief of police, or any other department of the city for the towing in and storage of such vehicle. Sec. 22-14(3). Any vehicle against which there ha'S been issued three (3) or more traffic summons, either for exceed- ing the parking limit or for being parked at a place where parking is prohibited, either by this chapter or any other ordinance of the city, where the owner of such vehicle has failed to appear in police court for the disposition of such cases, is hereby declared to be a nuisance. It shaH be the duty of the chief of police to cause such vehicle to be removed on sight and impounded. Thereafter such vehicle shall be sur- rendered to the duly identified owner thereof only upon pay- ment of the additional storage charge or tow-in fee, which is necessarily incurred by the chief of police, or any other de- partment of the city for the towing in Hnd storage of such vehicle. (Code 1960, ~ 27-1426) 893 ~ 22-15 SALINA CODE ~ 22-27 Sec. 22-15. Use of coasters, roller skates, toy vehicles. No person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device, shall go upon any roadway except while crossing a street or crosswalk or except upon streets set aside as play streets when and as authorized by ordinance of the city. (Code 1960, ~ 27-1604) Sec. 22-16. Glass, other debris on highway. Sec. 22-16(1). No person shall throw or deposit or cause or permit to be placed or to remain, upon any highway, any glass. bottle, glass, nails, tacks, wire, cans or any other sub- stance likely to injure any person, animal, or vehicle upon such highway. Sec. 22-16(2). Any person who drops, or causes or permits to be dropped or thrown, upon any highway, as the result of an accident or otherwise, any destructive or injurious mate- rial shall immediately remove the same or cause it to be re- moved. Sec. 22-16(3). Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other in- jurious substance dropoed upon the highway from such ve- hicle. (Code 1960, ~ 27-1709) State law reference-For similar provisions, see K.S.A. 8-577. Sees. 22-17-22-26. Reserved. Article II. Drivers' and Vehicle Licenses Sec. 22-27. Drivers to be licensed. No person, except one expressly exempt by law, shall drive or operate any motor vehicle upon any highway in this city unless such person has a valid license as an operator or chauf- feur as required by the laws of Kansas. (Code 1960, ~ 27-301) State law reference-For Kansas Drivers' License Act, see K.S.A. Ch. 8 Art. 2. 894 e 9 22-28 MOTOR VEHICLES AND TRAFFIC ~ 22-32 Sec. 22-28. Driving when license revoked, cancelled or sus- pended. No person whose operator's or chauffeur's license has been revoked, cancelled or suspended shall drive any motor vehicle upon any highway within this city, until such time as said person shall have a valid license. (Code 1960, ~ 27-302) Sec. 22-29. Permitting driving by unlicensed operator. No person shall authorize or knowingly permit a motor vehicle owned by him, or under his control, to be driven by any person who has no legal right to do so, or one who does not have a valid driver's or chauffeur's license. (Code 1960, ~ 27-303) e Sec. 22-30. Permitting driving by children. No person shall cause or knowingly permit his child or ward under the age of sixteen (16) years to drive a motor vehicle, owned by such person, or under his control upon any highway when such minor person is not authorized under the laws of Kansas to drive a motor vehicle upon any highway, or in violation of any of the provisions of this chapter. (Code 1960, ~ 27-304) Sec. 22-31. 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 operator's licenses to minors under the age of sixteen (16) years except upon a showing of necessity as provided by K.S.A. 8-'237. (Code 1960, ~ 27-307) . Sec. 22-32. 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 make a recommendation thereon and ::mr.h recommendation shall be forwarded, with the application, to the motor vehicle 895 ~ 22-32 SALINA CODE ~ 22-46 department of the state for appropriate action by the depart- ment 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 1960, S 27-308) State law reference-For similar provisions, see K.S.A. 8-237. Sec. 22-33. Vehicle license and tag required. No person shall operate or drive any motor vehicle within this city unless such vehicle carries the license or registered number plate or plates provided by the laws of Kansas and issued to the owner of any such vehicle to be displayed on the vehicle registered. (Code 1960, ~ 27-305) State law reference-For registration of motor vehicles, see K.S.A. 8-126 et seq. Sec. 22-34. Altering, defacing tags; cleanliness, visibility. No person or persons shall remove, conceal, alter, mark or deface the license number plate or plates or any other mark of identification upon any vehicle. License plates shall be kept clean and they shall be placed on all vehicles within the city as required by law so as to be plainly legible. (Code 1960, ~ 27-305) State law reference-Display of tags, see K.S.A. 8-133. Sec. 22-35. Displaying tag on wrong vehicle. No person shall carry or display a registered number plate or plates upon any vehicle other than upon the vehicle for which the registered number was issued by the State of Kan- sas. (Code 1960, ~ 27-305) Sees. 22-36-22-45. Reserved. Article III. Signs, Signals and Markings Generally Sec. 22-46. Obedience to traffic-control devices. The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in ac- 896 e e e S 22-46 MOTOR VEHICLES AND TRAFFIC ~ 22-49 cordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. (Code 1960, S 27-407) State law reference--For similar provisions, see K.S.A. 8-513(a). Sec. 22-47. When signs necessary to enforcement. No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordi- narily observant person. Whenever a particular section does not state that signs are required, such section shall be effec- tive, even though no signs are erected or in place. (Code 1960, S 27-407) State law reference--For similar provisions, see K.S.A. 8-513(b). Sec. 22-48. Authority to erect devices; conformity with state regulations. The board of commissioners shall cause to be placed and maintained such traffic-control devices upon highways and streets as they may deem necessary to indicate and to carry out the provisions of state law or this chapter and other traf- fic ordinances, or to regulate, warn or guide traffic. All such traffic-control devices shall conform to the state highway manual and specifications as adopted by the state highway commission. (Code 1960, S 27-401) State law reference--For similar provisions, see K.S.A. 8-512(a). Sec. 22-49. Local powers subject to highway commission on connecting links. The board of commissioners in exercising those functions referred to in the preceding section shall be subject to the direction and control of the state highway commission in reference to highways and street's designated by said commis- sion as connecting links in the state highway system. (Code 1960, S 27-401) State law reference-For similar provisions, see K.S.A. 8-512(b). 897 9 22-50 SALINA CODE ~ 22-54 Sec. 22-50. General duties of city manager relating to devices. It shall be the general duty of the city manager to install, maintain and determine the timing of traffic-co'ltrol devices. (Code 1960, ~ 27-402) Sec. 22-51. Manager to place and maintain devices. The city manager shall place and maintain traffic-control devices when and as required under thi.s chapter and other traffic ordinances of the city to make effective such provi- sions and may place and maintain such additional traffic- control devices as the board of commissioners may deem nec- essary and so order to regulate traffic under the traffic ordi- nances of the city or under state law, or to guide or warn traffic. (Code 1960, ~ 27-403) Sec. 22-52. Signs required for one-way streets; manager to erect. Whenever, by resolution of the board of commissioners, a one-way street or alley is described, it shall be the duty of the city manager to erect appropriate signs giving notice thereof, and no such regulations shall be effective until said signs are erected. (Code 1960, ~ 27-404) State law reference-Authority to establish one-way streets, K.S.A. 8-508. Sec. 22-53. Signs required for parking time limits; manager to erect. Whenever by resolution of the board of commissioners any parking time limit is imposed, it shall be the duty of the city manager to erect appropriate signs giving notice thereof, and no such regulations shall be effective until said signs are erected. (Code 1960, S 27-404) State law reference-Authority to regulate parking, see K.S.A. 8-508. Sec. 22-54. Signs required at through street intersections; manager to erect. Whenever any resolution of the board of commissioners designates and describes a through street, it shall be the duty 898 e !i 22-54 MOTOR VEHICLES AND TRAFFIC ~ 22-58 of the city manager to place and maintain a stop sign on each and every street intersecting such through street or that por- tion thereof described and designated' as such by an ordinance of the city. (Code 1960, ~ 27-405) State law reference-Authority to designate through streets, K.S.A. 8-508. See. 22-55. Manager to designate crosswalks. The city manager is authorized to designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks and intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as may be deemed necessary. (Code 1960, ~ 27-406) e Sec. 22-56. Manager to establish safety zones. The city manager is authorized to establish safety zones of such kind' and character and at such places as he may deem necessary for the protection of pedestrians. (Code 1960, ~ 27- 406) Sec. 22-57. Manager to mark lanes. The city manager is authorized to mark lanes for traffic on street pavements at such places as he may deem advisable consistent with this chapter and other traffic ordinances of the city. (Code 1960, ~~. 27-406, 27-41'5) Sec. 22-58. Traffic-control signal legend. Whenever traffic is controlled by tr8ffic-control signals exhibiting the words "go," "caution," or "stop," or exhibiting different colored lights successively one ~t a time, the follow- ing colors only shall be used and said terms and lights shall indi- cate as follows: Sec. 22-58(1). Green alone or "Go". (a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic shall 899 S 22-58 SALINA CODE S 22-58 yield the right-of-way to other vehicles and to pedes- trians lawfully within the intersection at the time such signal is exhibited. (b) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. Sec. 22-58(2). Steady yellow alone. (a) Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection. (b) No pedestrian facing such signal shall enter the road- way. Sec. 22-58(3). Steady red alone or "Stop." (a) Vehicular traffic facing the signa! shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or "go" is shown alone. (b) No pedestrian facing such signal shall enter the road- way. Sec. 22-58(4). Steady red with green a1'1'ow. (a) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indi- cated by such arrow, but shall not interfere with other traffic or endanger pedestrians lawfully within a cross- walk. (b) No pedestrian facing such signal shall enter the road- way. Sec. 22-58(5). Devices not at intersections. In the event an official traffic-control signal is ere~ted and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal. (Code 1960, ~ 27-408) State law reference-For similar provisions, see K.S.A. 8-514. 900 e e e S 22-59 MOTOR VEHICLES AND TRAFFIC II 22-62 Sec. 22-59. Location of traffic-control signals. There shall be installed and maintained traffic-control sig- nal devices of the type described in section 72-58 at the inter.. sections and other places designated by resolution of the board of commissioners. (Code 1960, ~ 27-409) Sec. 22-60. Meaning of flashing signals. Whenever flashing red or yellow signalg are used they shall require obedience by vehicular traffic as follows: Sec. 22-60(1). Flashing red (stop signals). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest cross- walk at an intersection or at a limit line when marked, and the right to proceed shall be subject to the rules applicable after making a stop at B stop sign. Sec. 22-60(2). Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flash- es, drivers of vehicles may proceed through the inter- section or past such signal only with caution. (Code 1960, ~ 27-410) State law reference-For similar provisions, see K.S.A. 8-515. Sec. 22-61. Location of flashing signals. There shall be installed and maintained a traffic-control device or devices of the type described in section 22-60 at the intersections and other places designated by resolution of the board of commissioners. (Code 1960, ~ 27-411) Sec. 22-62. Unauthorized signs, signals, markings prohibited. No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or parking of vehicles, or which hides from view or interferes with the effectiveness of any official traffic-control device or any rail- road sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any commercial advertising. This shall not be deemed to prohibit Supp. No. 20 901 S 22-62 SALINA CODE ~ 22-66 the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (Code 1960, ~ 27-412) State Jaw refe-rence-For similar provisions, see K.S.A. 8-516(a). Sec. 22-63. Removal of unauthorized signs, signals, markings. Every sign, signal or marking prohibited by section 22-62 is hereby declared to be a public nuisancf. and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice. (Code 1960, ~ 27-412) State Jaw reference-For similar provisions, see K.S.A. 8-516(b). Sec. 22-64. Interfering with devices or railroad signs, signals. No person shall, without lawful authority, a.ttempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon. or any part thereof. (Code 1960, ~ 27-413) State Jaw reference-For similar provisions, see K.S.A. 8-517. Sec. 22-65. 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 said street or any portion thereof for any activity or purpose having a general public or community-wide purpose or function and the city manager is hereby authorized to place appropriate signs or devices in the street indicating the temporary closing thereof. (Code 1960, ~ 27-414 (a) ; Ord. No. 8438, ~ 1,6-9-75) Sec. 22-66. Designation, marking of school zones. School zones shall be as designated from time to time by the board of commissioners, and shall be effective upon the installation of signs or markings giving notice thereof. Supp. No. 20 902 e ~ 22-67 MOTOR VEIDCLES AND TRAFFIC ~ 22-67 ARTICLE IV. OPERATION Sec. 22-67. Driving under the influence of liquor or drugs-- Prohibited; penalty. Sec. 22-67(1). Liquor. It is unlawful and punishable as pro- vided in section 22-67 (3) for any person who is under the in- fluence of intoxicating liquor to drive any vehicle within this city. e e Supp. No. 20 902.1 e e e S 22-67 MOTOR VEHICLES AND TRAFFIC S 22-67 Sec. 22-67 (2). Drugs. It is unlawful and punishable as provided in section 22-67 (3) for any person who is a habi- tual user or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive a vehicle within this city. The fact that any person charged with violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. Sec. 22-67(3). Penalty. Every person who is convicted of a violation of this section shall be punished by imprison- ment for not more than six (6) months, or by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by both such fine and imprison- ment. On a second or subsequent conviction he shall be punish- ed by imprisonment for not less than ninety (90) days nor more than one (1) year, and in the discretion of the court, a fine of not more than five hundred dollars ($500.00). Sec. 22-67 (4). Suspension or J'evocation of license. In ad- dition to any fine or imprisonment imposed under this sec- tion, the court imposing such fine or conviction may suspend or revoke the operator's or chauffeur's license or privilege to operate a motor vehicle on the public highways of this state of any person convicted of violating this section. Any such suspension shall not be for a period of more than one (1) year, and whenever a liCEnse or privilege to operate a motor vehicle is revoked pursuant to this section, the person whose license or privilege has been revoked shall not be en- titled to such license or privilege restored until the expiration of one (1) year from the date of revocation and unless and until the court is satisfied that the character, habits and driving ability of such person is such that it will be safe to grant to such person the privilege of driving a motor vehicle on the public highways of this state. The provisions of K. S. A. 1969 Supp. 8-256 shall not apply to any license sus- pended or revoked hereunder. Upon suspending or revoking any license pursuant to this section, the court shall require that such license be surrender- Supp. No. 10 903 S 22-67 SALINA CODE S 22-70 ed to the court, who shall transmit the same to the motor vehicle department to be retained by the department until further order of the court. Whenever the court shall restore the privilege to operate a motor vehicle on the public high- ways of this state to any person whose license was suspended or revoked pursuant to this section, the court shall notify the department thereof, and the department shall forthwith re- turn the license tu such person when the conditions established by law have been met by the licensee, or, in the event such license is no longer valid, shall issue the appropriate license to such person upon proper application and payment of the required fee. (Code 1960, S 27-601; Ord. No. 8095, S 1, 7 -20-70) Amendment note-Ord. No. 8095, S 1, amended ~ 22-67 by adding sub- section 22-67(4) and by reducing the maximum imprisonment for a first offense from one year to six months. State law reference-For similar provisions, see K.S.A. 8-530. Sec. 22-68. Same-Consent to submit to blood test deemed given. Any person who operates a motor vehicle upon a public highway in this state shall be deemed to have given his con- sent to submit to a chemical test of his breath, blood, urine, or saliva for the purpose of determining the alcoholic content of his blood whenever he shall be arrested or otherwise taken into custody for any offense involving operating a motor ve- hicle under the influence of intoxicating liquor in violation of this Code and the arresting officer has reasonable grounds to believe that prior to his arrest the person was driving under the influence of intoxicating liquor. State law reference-For similar provisions, see K.S.A. 8-1001. Sec. 22-69. Same-Arresting officer to direct test. The blood test shall be administered at the direction of the arresting officer. State law reference-For similar provisions, see K.S.A. 8-1001. Sec. 22-70. Same-Refusal to take test. If the person arrested refuses a request to submit to the blood test, it shall not be given and the arresting officer shall Supp. No. 10 904 e e . ~ 22-70 MOTOR VEHICLES AND TRAFFIC ~ 22-74 make to the vehicle department of the state highway commis- sion a sworn report of the refusal, stating that prior to the arrest he had reasonable grounds to believe that the person was driving under the influence of intoxicating liquor. State law reference-For similar provisions, see K.S.A. 8-1001. Sec. 22-71. Same-Report of test required. Upon the request of any person submitting to a chemical test under this chapter, a report of the test shall be delivered to him. State law reference-For similar provisions, see K.S.A. 8-1002. Sec. 22-72. Same-Who may withdraw blood. Only a physician or qualified medical technician acting at the request of the arresting officer can withdraw any blood of any person submitting to a chemical test under this chapter. State law reference--For similar provisions, see K.S.A. 8-1003. Sec. 22-73. Same-Entitlement to additional test. Without limiting or affecting the provisions of sections 22-68 through 22-74 hereof, the person tested shall have a reasonable opportunity to have an additional chemical test by a physician of his own choosing. In case the officer refuses to permit such additional chemical test to be taken, then the original test shall not be competent in evidence. State law reference-For similar provisions, see K.S.A. 8-1004. Sec. 22-74. Same-Evidence of intoxication; presumptions. Any criminal prosecution for the violation of this Code relating to the driving of a motor vehicle while under the in- fluence of intoxicating liquor, evidence of the amount of alcohol in the defendant's blood at the time alleged as shown by the chemical analysis of the defendant's blood, urine, breath or other bodily substance may be admitted, and shall give rise to the following presumptions: Sec. 22-74(1). If there was at that time less than 0.10 per cent by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor; Supp. No. 10 905 !i 22-74 SALINA CODE !i 22-77 Sec. 22-74(2). If there was at the time 0.10 per cent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the in- fluence of intoxicating liquor. (Ord. No. 8095, S 2, 7'-20-70 ) Amendment note-Ord. No. 8095, !i 2, amended !i 22-74 by substituting "0.10 per cent by weight" in lieu of "0.15 per cent by weight" in sub- sections (1) and (2). State law reference-For similar provisions, see K.S.A. 8-1005. Sec. 22-75. Same-Submission of other evidence. The provisionf: of sections 22-68 through 22-74 shall not be construed as limiting the introduction of any other com- petent evidence bearing upon the question of whether or not the defendant was under the influence of intoxicating liquor. State law reference-For similar provisions, see K.S.A. 8-1006. Sec. 22-76. Reckless driving. Sec. 22-76(1). Defined. Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. Sec. 22-76(2). Prohibited, penalty. Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days, or by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dol- lars ($500.00), or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by im- prisonment for not less than ten (10) days nor more than six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by both such fine and imprisonment. (Code 1960, S 27-602) State law reference-For similar provisions, see K.S.A. 8-531. Sec. 22-77. 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 circumspec- Supp. No. 10 906 e e . ~ 22-77 MOTOR VEHICLES AND TRAFFIC ~ 22-80 tion, or in any manner not constituting reckless driving but so as to endanger or be likely to endanger any person or prop- erty. (Code 1960, ~ 27-603) Sec. 22-78. Speed to be reasonable and prudent. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (Code 1960, ~ 27-701) State law reference-For similar provisions, see K.S.A. 8-532(a). Sec. 22-79. Speed limits established generally. Except when a special hazard exists that requires lower speed for compliance with section 22-78, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a ve- hicle on a highway at a speed in excess of such maximum limits. Sec. 22-79(1). Business districts. All vehicles twenty (20) miles per hour in any business district. Sec. 22-79(2). Residence districts. All vehicles thirty (30) miles per hour in any residence district. Sec. 22-79(3). Parks. All vehicles fifteen (15) miles per hour in any park under the jurisdiction of the city. Sec. 22-79(4). Alleys. All vehicles ten (10) miles per hour in any alley. (Code 1960, ~ 27-701) State law reference-For similar provisions, see K.S.A. 8-532(b). Sec. 22-80. Reduction in speed when hazard exists. The driver of every vehicle shall, consistent with the re- quirements of section 22-78, drive at an appropriate reduced speed when approaching and crossing an intersection, or rail- road grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon Supp. No. 10 906.1 e e e S 22-80 MOTOR VEHICLES AND TRAFFIC S 22-83 any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by rea- son of weather or highway conditions. (Code 1960, ~ 27-701) State law reference-For similar provisions, see K.S.A. 8-532(c). Sec. 22-81. Variation of speed limits by state highway com- mission. Whenever the state highway commission shall determine upon the basis of an engineering and traffic investigation that any speed limit hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist upon any part of a street which is a state highway connecting link, said commission shall determine and declare a reasonable and safe speed limit thereon which shall be effective at all times or during the daytime or nighttime or at such other times as may be determined when appropriate signs giving notice thereof are erected on such state highway connecting link. (Code 1960, ~ 27-701) State law reference-For similar provisions, see K.S.A. 8-532(d). Sec. 22-82. Charging violations of sections 22-78 through 22-81. In every charge of violation of sections 22-78 through 22-81, the complaint, also the summons, warrant or notice to appear shall specify the speed at which the defendant is alleged to have driven, also the speed limit applicable within the busi- ness district, residence district, street or nighway, or at the location. (Code 1960, ~ 27-701) State law reference-For similar provisions, see K.S.A. 8-532(g). Sec. 22-83. Changes in limits; approval required. Whenever the board of commissioners d,~termines upon the basis of an engineering and traffic investigation that the speed limit permitted under state law, ,vhich i:,; the same as stated in sections 22-78 through 22-81, is greater or less than is reasonable or safe under the conditions found to exist upon a street, the board of commissioners may by resolution de- termine and declare a reasonable and safe speed limit thereon, which may be greater or less than the speed limit permitted 907 S 22-83 SALINA CODE S 22-87 under state law, which is the same a'S stated in sections 22-78 through 22-81, for a business or residence district and which shall be effective when appropriate signs giving notice thereof are erected upon such street or part of a street: Provided, be- fore any such speed limit is 'so declared as to any city street which is a state highway connecting link, the approval of the state highway commission shall be obtained in writing. (Code 1960, S 27-702) State law reference--For similar provisions, see K.S.A. 8-533. Sec. 22-84. Speed in school zones-Generally. Except where flasher lights are in place as provided by the following section, no person shall drive any vehicle on any portion of any street adjacent to or within one hundred (100) feet of any public or private school groullds or at any desig- nated school crosswalk betwen the hours of 8 :00 a.m. and 4 :00 p.m. on the days when school is in session or said school grounds are being used for organized playground activities, at a rate of speed greater than twenty (20) miles per hour or at a rate of speed greater than is reasonable and proper having regard for the traffic and use of the road and the con- dition of the road, nor at a rate of speed such as to endanger the life, property or limb of any person. (Ord. No. 6622, S 1, 4-24-62 ) Sec. 22-85. Same-Obedience to flasher warning lights. Whenever flasher warning lights are in place and in opera- tion indicating a school zone and the speed limit therein, it shall be unlawful to exceed the speed indicated by said lights. Sec. 22-86. Slow speed impeding traffic. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary far safe operation or in compliance with law. (Code 1960, S 27-704) State law reference-For similar provisions, see K.S.A. 8-534(a). Sec. 22-87. Authority to establish minimum speed. Whenever the board of commissioners determines on the basis of an engineering and traffic investigation that slow 908 e S 22-87 MOTOR VEHICLES AND TRAFFIC S 22-90 speeds on any part of a highway consistently impede the nor- mal and reasonable movement of traffic, the board of com- missioners may by resolution determine and declare a mini- mum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with law. (Code 1960, S 27-704) State law reference--For similar provisions, see K.S.A. 8-534(b). e Sec. 22-88. Special speed limitation on bridge or elevated structure. Sec. 22-88(1). No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or struc- ture, when such structure is signposted by the city or by the state highway commission as provided for by law. Sec. 22-88(2). Upon the trial of any person charged with a violation of thi'S section, proof of said determination of the maximum speed by said commission or clt~T and the existence of said signs shall constitute conclusive evidence of the maxi- mum speed which can be maintained with safety to such bridge or structure. (Code 1960, S 27-705) State law reference--For similar provisions, see K.S.A. 8-535. Sec. 22-89. Speed of emergency vehicles. The speed limitations 'Set forth in this chapter shall not ap- ply to authorized emergency vehicles when responding to emergency calls and the drivers thereof sound audible signal by bell, siren or exhaust whistle. This provision shall not re- lieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequence of a reckless disregard of the safety of others. (Code 1960, S 27-706) State law reference-For similar provisions, see K.S.A. 8-356. e Sec. 22-90. Duty to keep to right; exceptions. Sec. 22-90(1). Upon all roadways of flufficient width a ve- hicle shall be driven upon the right half of the roadway, ex- cept as follows: 909 ~ 22-90 SALINA CODE ~ 22-92 (a) When overtaking and passing another vehicle proceed- ing in the same direction under the rules governing such movement; (b) When the right half of a roadway is clo~ed to traffic while under construction or repair; (c) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or (d) Upon a roadway designated and signp05ted for one- way traffic. Sec. 22-90(2). Upon all roadways any vehicle proceeding at less than the normal speed of traffic ~t the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as prac- ticable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction, or when preparing for a left turn at an intersection or into a private road or driveway. (Code 1960. ~27-801) State law refcrence--For similar provisions, see K.S.A. 8-537. Sec. 22-91. Overtaking, passing on the left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rulefl hereinafter stated: Sec. 22-91 (1). The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a 'Safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. Sec. 22-91 (2). Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in faver of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed. by the over- taking vehicle. (Code 1960, ~ 27-802) State law reference--For similar provisions, see K.S.A. 8-538. Sec. 22-92. Limitations on overtaking on left. Sec. 22-92(1). No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another 910 e e e ~ 22-92 MOTOR VEHICLES AND TRAFFIC ~ 22-93 vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncomiTlg traffic for a suf- ficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe op- eration of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before com- ing within one hundred (100) feet of any vehicle approaching from the opposite direction. Sec. 22-92(2). No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions: (a) When approaching the crest of a grade or upon a curve in the highway where the driver's view along the high- way is obstructed; (b) When approaching within one hundred (100) feet of any bridge, viaduct or tunnel or when approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing; (c) Where official signs are in place directing that traffic keep to the right, or a distinctive center line is marked. which distinctive line also so directs traffic as declared in the sign manual adopted by the state highway com- mission. (Code 1960, ~ 27-805) State law reference--For similar provisions, see K.S.A. 8-540. Sec. 22-93. Overtaking, passing on the right. Sec. 22-93(1). Except when the board of commissioners is by rule or regulation directing and enforcing a different course from that hereinafter specified, the driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or about to make a left turn; (b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of 'Sufficient width for two (2) or more lines of moving vehicles in each direction; 911 ~ 22-93 SALINA CODE ~ 22-96 (c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles. Sec. 22-93(2). The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions per- mitting such movements in safety. In no event shall such move- ment be made by driving off the pavement or main-traveled portion of the roadway. (Code 1960, S 27-803) State law reference--For similar provisions, see K.S.A. 8-539. Sec. 22-94. Meeting vehicles proceeding in opposite direction. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half (Y2) of the main traveled portion of the roadway as nearly as possible. (Code 1960, S 27-804) Sec. 22-95. Driving on one-way roadways and rotary traffic islands. Sec. 22-95(1). Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direc- tion designated. Sec. 22-95(2). A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (Code 1960, S 27-806) State law reference-For similar provisions, see K.S.A. 8-541. Sec. 22-96. Driving on laned roadways. Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply: Sec. 22-96(1). A vehicle shall be driven as nearly as prac- tical entirely within a single lane and shall not be moved from such lane until the driver has first ascer- tained that such movement can be mad~ with safety. 912 e e e S 22-96 MOTOR VEHICLES AND TRAFFIC 9 22-98 Sec. 22-96(2). Upon a roadway which 1S divided into three (3) lanes a vehicle shall not be driven in the center lane except when overtaking and passing another ve- hicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic mov- ing in the direction the vehicle is proceeding and is signposted to give notice of such allocation. Sec. 22-96(3). Official signs may be erected directing slow moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign. (Code 1960, S 27-807) State law reference-For similar provisions, see K.S.A. 8-542. Sec. 22-97. Driving on divided highways. Whenever any highway has been divided into two (2) road- ways by leaving an intervening space or hy a physical barrier or clearly indicated dividing section so constrU(~ted as to im- pede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, and no vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or divid- ing section or space, or at a crossover or intersection estab- lished by public authority. (Code 1960, S 27-812) State law reference-For similar provisions, see K.S.A. 8-539a. Sec. 22-98. Following too closely. Sec. 22-98(1). The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffie upon and the condition of the highway. Sec. 22-98(2). The driver of any motor truck, bus or motor vehicle drawing another vehicle when traveling upon a road- way outside of a business or residence district shall not fol- low within three hundred (300) feet of another motor truck, bus or motor vehicle drawing another yehicle, except that 913 ~ 22-98 SALINA CODE ~ 22-99 this shall not prevent a motor truck or m0tor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. Sec. 22-98(3). Motor vehicles being driven upon any road- way outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. (Code 1960, ~ 27-808) State law reference--For similar provisions, see K.S.A. 8-543. Sec. 22-99. Manner of turning at intersections. The driver of a vehicle intending to turn at an intersection shall do so as follows : Sec. 22-99(1). Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway. Sec. 22-99(2). Approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof, and after entering the inter- section the left turn shall be made so as to leave the intersection to the right of the center line of the road- way being entered. Sec. 22-99(3). Approach for a left turn from a two-way street into a one-way street shall be made in that por- tion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the center line of the street being entered upon leaving the intersection. Sec. 22-99(4). The board of commissioners may cause mark- ers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at 2n intc,rsection, and when markers, buttons or signs are so placed no driver 914 e S 22-99 MOTOR VEHICLES AND TRAFFIC S 22-103 of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs. (Code 1960, ~ 27-809) State law reference-For similar provisions, see K.S.A. 8-544. Sec. 22-100. Turning on curve or crest of grade. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet. (Code 1960, ~ 27-810) State law reference-For similar provisions, see K.S.A. 8-545. e Sec. 22-101. Manager to place turn markers. The city manager is authorized to place markers, buttons or signs, within or adjacent to intersections, indicating the course to be traveled by vehicles turning at such intersections and such course to be traveled as so indicated may conform to or be other than is prescribed by law or ordinance. (Code 1960, ~ 27-1001) Sec. 22-102. Obedience to turn signs and markers. Whenever authorized signs are erected indicating that no right or left or "U" turn is permitted, no driver of a vehicle shall disobey the directions of any such sign and when author- ized marks, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall disobey the direc- tions of such indications. (Code 1960, ~ 1002) Sec. 22-103. "U" turns. . The board of commissioners may from time to time by reso- lution designate intersections or other places where the mak- ing of "U" turns is prohibited when authorized signs are erected indicating that no "U" turn is permitted no driver of a vehicle shall disobey the directions of such sign. (Code 1960, ~~ 27-1001, 27-1002) 915 S 22-104 SALINA CODE ~ 22-106 Sec. 22-104. Starting parked vehicles. No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. (Code 1960, ~ 27-811) State law reference-For similar provisions, see K.S.A. 8-546. Sec. 22-105. When signals required. Sec. 22-105(1). No person shall turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety, and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement, or after giving an ap- propriate signal in the manner hereinafter provided in the event any other vehicle may be affected by such movement. Sec. 22-105(2). A signal of intention tr: turn right or left shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning. Sec. 22-105(3). No person shall stop or suddenly decrease the speed of a vehicle without first giving a'] appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (Code 1960, ~ 27-901) State law reference-For similar provisions, see K.S.A. 8-547. Sec. 22-106. Manner of giving hand and arm signals. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following man- ner and such signals shall indicate as follows: Sec. 22-106(1). Left turn-Hand and arm extended hori- zontally. Sec. 22-106(2). Right turn-Hand and arm extended up- ward. Sec. 22-106(3). Stop or decrease: of speed-Hand and arm extended downward. (Code 1960, S 27-902) State law reference-For similar provisions, see K.S.A. 8-549. 916 e S 22-107 MOTOR VEHICLES AND TRAFFIC S 22-109 Sec. 22-107. Use of signal devices. When a motor vehicle is equipped with illuminated direc- tional signal devices front and rear, and stop signal lamp or lamps on rear, such devices may be used in lieu of such hand and arm signals when in proper working order. Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal dsvice. (Cod2 1960, S 27-902) State law reference-For similar provisions, see K.S.A. 8-549. Sec. 22-108. Right-of-way at intersections generally. e Sec. 22-108(1). The driver of a vehicle approaching an in- tersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway. Sec. 22-108(2). When two (2) vehicles enter an intersec- tion from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the ve- hicle on the right. Sec. 22-108(3). The foregoing rules are modified at through highways and otherwise as hereinafter stated in this chapter. (Code 1960, S 27-903) State law reference-For similar provisions, see K.S.A. 8-550. Sec. 22-109. Right-of-way when vehicle turning left at inter- section. e The driver of a vehicle within an intersection intending to turn to the left shall yield' the right-of-way to any vehicle approaching from the opposite direction which i~ within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this chapter may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction "hall yield the right- of-way to the vehicle making the left turn. (Code 19'60, S 27- 904) State law reference-For similar provisions, see K.S.A. 8-551. 917 S 22-110 SALINA CODE S 22-111 Sec. 22-110. Duties when entering stop or yield intersection. Sec. 22-110(1). Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized' in KS.A. 8-568 sections 22-132 through 22-137. Sec. 22-110(2). Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a 'Stop sign shall stop as required in KS.A. 8-568 and sections 22-132 through 22-137 of this chapter, and after having stopped shall yield the right-of-way to any vehicle which has entered the inter- section from another highway or which is approaching so closely on said' highway as to constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding. Sec. 22-110(3). The driver of a vehicle approachhlg a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions, or shall stop if neces- sary as provided in KS.A. 8-568 and' sections 22-132 through 22-137 of this chapter, and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. Said driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding: Provided, however, that if such driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield right-of-way. (Code 1960, ~ 27-1004) State law reference-For similar provisions, see K.S.A. 8-552. Sec. 22-111. Right-of-way when vehicle entering highway from alley or private road. The driver of a vehicle about to enter or cross a highway from an alley or from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway. (Code 1960, ~ 27-1006) State law reference-For similar provisions, see K.S.A. 8-553. 918 e e e S 22-112 MOTOR VEHICLES AND TRAFFIC S 22-114 Sec. 22-112. Blocking intersections prohibited. No driver shall enter an intersection or marked' crosswalk unless there is sufficient space on the other side of the inter- section or crosswalk to accommodate the vehicle he is operat- ing without obstructing the passage of other vehicles or pedes- trians, notwithstanding any traffic-control signal indication to proceed. (Code 1960, ~ 27-1007) Cross reference-Obstructing streets prohibited generall~, S 32-37. State law reference-For similar provisions, see K.S.A. 27-1007. Sec. 22-113. Duties on approach of emergency vehicles. Sec. 22-113(1). Upon the immediate approach of an author- ized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right-of-way and shall immedi- ately drive to a position parallel to, and as close as possible to the right-hand ed'ge or curb of the highway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. Sec. 22-113(2). This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Code 1960, ~ 27-1008) State law reference-For similar provisions, see K.S.A. 8-554. Sec. 22-114. Use of alleys by trucks. It shall be unlawful on account of danger to other traffic and to property of other persons causerl thereby and the hazard to other traffic when such vehicles are driven into or from alleys for any person to drive 0r back, or cause to be driven or backed into or from, or to ~tand in any alley in the city, where the width of such alley if: not more than ten (10) feet, any truck having a total length vi more than twenty (20) feet, or any combination of vehicles commonly known as truck and trailer or 'Semitrailer, or tractor and trailer or semitrailer. (Code 1960, ~ 27-1409) State law reference-For similar provisions, see K.S.A. 8-536. 919 S 22-115 SALINA CODE S 22-118 Sec. 22-115. Quiet zones. Whenever authorized signs are erected indicating a zone of quiet, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of said vehicle except in an emergency. The city manager shall have authority to temporarily establish a zone of quiet upon any street where a person is seriously ill if requested so to do by the written statement of at least one registered physician certifying to its necessity. Said temporary zone of quiet shall embrace all territory within a radius of two hundred (200) feet of the building occupied by the person named in the request of 'Said physician. Said temporary zone of quiet and any other zone of quiet declared by any ordinance of the city shall be designated by the city manager by placing at a con- spicuous place in the street a sign or marking' bearing the words "Quiet Zone." (Code 1960, S 27-1706) Sec. 22-116. Following, parking near fire apparatus. The driver of any vehicle other than one on official busi- ness shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire appar- atus has stopped in answer to a fire alarm. (Code 1960, q 27-1707) State law reference-For similar provisions, see K.S.A. 8-575. Sec. 22-117. Driving over fire hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private drive- way or elsewhere, to be used at any fire or alarm of fire, without the consent of the fire department official in com- mand. (Code 1960, S 27-1708) State law reference~For similar provisions, see K.S.A. 8-576. Sec. 22-118. Driving, parking in safety zones. No vehicle shall at any time be driven through, within, or parked in a safety zone. (Code 1960, S 27-1201) 920 e e e ~ 22-119 MOTOR VEHICLES AND TRAFFIC ~ 22-122 Sec. 22-119. Driving on play streets. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any such driver shall exercise the greatest care in driving upon any such street or portion there- of. (Code 1960, ~ 27-414) Sec. 22-120. Changing lanes. Where traffic lanes have been marked, it shall be unlawful for the driver of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. (Code 1960, ~ 27-415) Sec. 22-121. Limitations on backing. The driver of a vehicle shall not back the same into an intersection or over a crosswalk and shall not in any event or at any place back a vehicle unless such movement can be made in safety, and without danger to vehicles approaching from the rear, which are lawfully using such street, and unless such vehicles lawfully approaching from the rear will have ample time to see the backing vehicle and avoid colliding with the same. (Code 1960, ~ 27-1003) Sec. 22-122. Driving upon sidewalks, etc. It shall be unlawful for any person to drive any motor ve- hicle, motorcycle, mini-bike, motor-driven cycle or other motor-driven vehicle upon any sidewalk or upon or across any public grounds in the city, or upon the flood control dikes of the city, except upon the improved portions of public streets, parking lots, permanent or temporary driveways, and at such other places as may be permitted by ordinance of the city; provided, however, that the board of commissioners may, by resolution, designate areas where certain types of motor- driven cycles or similar vehicles may be operated. (Ord. No. 8208, ~ 1, 5-22-72) Amendment note-Ord. No. 8208, ~ 1, added ~ 22-122. Supp. No. 14 921 ~ 22-123 SALINA CODE ~ 22-136 Sees. 22-123-22-131. Reserved. Article V. Stopping, Standing and Parking Generally Sec. 22-132. Authority to designate through highways, stop and yield intersections. The board of commissioners may by resolution designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs at one or more entrances to such intersection. (Code ] 960, ~ 27-1401) State law reference-For similar provisions, see K.S.A. 8-568(a). Sec. 22-133. Location of stop and y-:ield signs. Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as near as practicable to the nearest line of the inter- secting roadway. (Code 1960, ~ 27-1401) State law reference-For similar provisions, see K.S.A. 8-568(b). Sec. 22-134. Lettering of stop signs. Every stop sign shall bear the word "stop" in letters not less than six (6) inches in height. (Code 1960, ~ 27-1401) State law reference-For similar provisions, see K.S.A. 8-568(c). Sec. 22-135. Lettering of yield signs. Every yield sign shall bear the word "yield" in letters not less than seven (7) inches in height. (Code 1960, ~ 27-1401) Sec. 22-136. Obedience to stop signs. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before Supp. No. 14 922 e S 22-136 MOTOR VEHICLES AND TRAFFIC ~ 22-137 entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at a point nearest the intersecting roadway where the driver has a view of approach- ing traffic on the intersecting roadway before entering the intersection. (Code 1960, S 27-1401) State law reference-For similar provisions, see K.S.A. 8-568 (e). Sec. 22-137. Obedience to yield signs. The driver of a vehicle approaching a yield sign if re- quired for safety to stop shall stop before entering the cross- walk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. (Code 1960, S 27-1401) State law reference-For similar provisions, see K.S.A. 8-568(f). e . Supp. No. 14 922.1 - e e ~ 22-138 MOTOR VEHICLES AND TRAFFIC ~ 22-140 Sec. 22-138. Stop required before emerging from alley, drive- way, building. The driver of a vehicle within a busines'S or residence dis- trict emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision or upon entering the roadway shall yield the right of way to all vehicles approaching on 'Said roadway. (Code 1960, S 27-1402) State law reference-For similar provisions, see K.S.A. 8-569. Sec. 22-139. Stopping, standing, parking outside business or residence district. Sec. 22-139(1). Upon any highway outside of a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main traveled part of the highway when it is practical to stop, park or so leave such vehicle off such part of said highway, but in every event a clear and unobstructed width of at least twenty (20) feet of .such part of the high- way opposite such standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle be available from a distance of two hundred (200) feet in each direction upon such highway. Sec. 22-139(2). This section shall not apply to the driver of any vehicle which i'S disabled while on the paved or im- proved or main traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. (Code 1960, S 27-1403) State law reference-For similar provisions, see K.S.A. 8-570. Sec. 22-140. Removal of illegally stopped vehicles. Sec. 22-140(1). Whenever any police officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of section 22-139, such officer is hereby authorized 923 ~ 22-140 SALINA CODE ~ 22-142 to move 'Such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or improved or main traveled portion of such highway. Sec. 22-140(2). Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel or on any part of any highway where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety. (Code 1960, S 27-1404) State law reference-For similar provisions, see K.S.A. 8-571. Sec. 22-141. Designation, use of bus and taxicab stands. It shall be unlawful for any person to use any part of any 'street for the parking of any taxicab for a taxicab stand or station except as are specifically prescribed and designated by resolution of the board of commissioners, and it shall be unlawful for any person to use any portion of any street for the parking of any passenger carrying bus or stage or as a station or stand for any such bus or stage, except as specifi- cally prescribed or designated by resolution of the board of commissioners, or a'S permitted in any franchise ordinance or agreement duly entered into by the board of commissioners of the city and owners or operators of any such bus or stage: Provided, that this provision shall not prevent the driver of any bus or taxicab from temporarily stopping in accordance with other stop or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers: Provided further, that no person shall stop, stand or park such vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and Rppropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaging in loading or unloading passengers when'luch stopping does not interfere with allY bus or taxicab waiting in or about to enter such zone. (Code 1960, SS 27-1405, 27-1423, 27-1428) Sec. 22-142. Marking of taxicab stands. The city manager is authorized and directed to designate the exact location of taxicab stands, and is further directed 924 e e e ~ 22-142 MOTOR VEHICLES AND TRAFFIC ~ 22-143 to clearly mark said zones, consistent herewith, as being limited to parking for the exclusive use of any vehicle licensed and operating as a taxicab under and pursuant to the pro- visions of Chapter 34, Article III, of this Code: Provided, that this section shall in no way be construed as modifying or altering the purpose and effect of section 34-65 of this Code. For the purpose of this chapter, 011e taxicab stand on all streets on which angle parking is required shall be eleven (11) feet of curb space; and one taxicab stand on all streets where parallel parking is required 'shall be twenty-two (22) feet of curb space. (Code 1960, S 27-1428) Sec. 22-143. Stopping, standing, parking prohibited in speci- fied places. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-eontrol device, in any of the following places: Sec. 22-143(1). On a sidewalk; Sec. 22-143(2). In front of a public or private driveway; Sec. 22-143(3). Within an intersection; Sec. 22-143(4). Within fifteen (15) feet of a fire hydrant; Sec. 22-143(5). On a crosswalk; Sec. 22-143(6). Within twenty (20) feet of a crosswalk at an intersection; Sec. 22-143(7). Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway. Sec. 22-143(8). Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of P. safety zone, unless the city manager indicates a different length by signs or markings; Sec. 22-143(9). Within fifty (50) feet of the nearest rail of a railroad crossing; Sec. 22-143(10). Within twenty (20) feet of the driveway entrance to any fire station and on the 'side of a street 925 ~ 22-143 SALINA CODE ~ 22-146 opposite the entrance to any fire station within seventy- five (75) feet of said entrance (when properly sign- posted) ; Sec. 22-143(11). Alongside or opposite any street excava- tion or obstruction when such stopping, standing or parking would obstruct traffic; Sec. 22-143(12). On the roadway side of any vehicle stopped or parked at the edge or curb of a street; Sec. 22-143(13). Upon any bridge or other elevated struc- ture upon a highway or within a highway tunnel; Sec. 22-143(14). At any place where official Bigns prohibit stopping; Sec. 22-143(15). On the property dedicated to the city which lies between the curb line and the adjacent property line. (Code 1960, ~ 27-1406) Cross reference-Obstructing fire hydrants generally, ~ 12-17. State law reference-For similar provisions, see K.S.A. 8-572(a). Sec. 22-144. Moving vehicle into prohibited area. No person shall move a vehicle not owned by such person into any prohibited area under section 22-143 or away from a curb such distance as is unlawful. (Code 1960, ~ 27-1406) State law reference-For similar provisions, see K.S.A. 8-572(b). Sec. 22-145. Regulations for specific locations. The board of commissioners may by resolution from time to time regulate, restrict or prohibit the standing or parking of vehicles on specified streets or portions of streets or in specified areas. The city manager shall install and maintain signs or markings giving notice of such regulations, re- strictions and prohibitions, and it shall be unlawful to violate or fail to comply with any such sign or marking. Sec. 22-146. Each hour of prohibited parking separate offense. When a vehicle is parked within any area wherein parking is prohibited, for over an hour, then each adrl'itional hour thereafter shall be deemed to be a separate offense. (Code 1960, ~ 27-1414) 926 e e e ~ 22-147 MOTOR VEHICLES AND TRAFFIC ~ 22-149 Sec. 22-147. Manner Qf parking generally. Sec. 22-147(1). Generally. Except where otherwise provided every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be so stopped or parked with the right-hand wheels of such vehicle parallel with and within twelve (12) inches of the right-hand curb. Sec. 22-147(2). One-way streets. The board of commission- ers may by resolution permit the parking of vehicles on the left-hand side of anyone-way roadway which has an adjacent curb, and such parking will be permitted when appropriately marked. The left-hand wheels of all such vehicles shall be parallel to and within twelve (12) inches of the left-hand curb of such roadway. Sec. 22-147(3). Angle parking. The board of commissioners may by resolution permit angle parking on any roadway, except that angle parking shall not be permitted on any state highway connecting link unless the commission has deter- mined by resolution or order entered in its minutes that such roadway is of sufficient width to permit angle parking with- out interfering with the free movement of traffic. (Code 1960, ~ 27-1410) Sec. 22-148. Marking of vehicles in areas where parking time limited. The chief of police shall cause all vehicles parked in areas where the length of parking time is limited to be marked in such manner as to distinguish such vehicles during the hours in which the parking requirements within such areas are effective, and any person who shall remove, erase, or destroy or cause to be removed, erased or destroyed any mark placed upon any such vehicle or upon the tires thereof by any police officer, otherwise than for the purpose and in the course of complying with the provisions of this chapter, shall be guilty of a violation of this chapter. (Code 1960, ~ 27-1422) Sec. 22-149. Truck parking generally. It shall be unlawful for any person to park or leave any combination of vehicles commonly known as truck and trailer Supp. No. 22 927 ~ 22-149 SALINA CODE ~ 22-150 or truck and semitrailer on any portion of a street in the city where angle parking is required by ordinance, at any time, either for loading or unloading property or for any other purpose. It shall be unlawful for any person to park or leave any vehicle of any kind having a total length of more than eighteen (18) feet on any street in the city where angle parking of vehicles is required by ordinance, except tem- porarily for the purpose of loading or unloading merchandise and then only when the use of such vehicle for such purpose does not interfer with the regular traffic on such street, and will leave at least twenty (20) feet of clear space for the travel of vehicles on such street. Any projection or extension from the front or rear of any vehicle whether a part of such vehicle or of the contents thereof shall be deemed to be included in the total length of such vehicle under the pro- visions of this chapter and in the case of a horse-drawn vehicle the distance from the horse's head to the rear of the vehicle or any extension thereof shall be included in the length of such vehicle. All vehicles above referred to when parked or left in any street in the city (except as herein specifically permitted) shall be parked or left in some portion of the street where parking parallel with the curbing is re- quired by ordinance and when so parked or left such vehicle shall have its right wheels next to and not more than one foot from the curbline of such street: Provided, that none of the provisions contained in this section shall be deemed to permit the temporary parking for any purpose on portions of streets where angle parking is required by any ordinance, of a combination of vehicles commercially known as truck and trailer or semitrailer, and the parking of such vehicles on such streets shall be covered by the provisions of the first sentence of this section. (Code 1960, ~ 27-1424) See. 22-150. Parking of certain vehicles on streets in residen- tial 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 Supp. No. 22 928 e e - S 22-150 MOTOR VEHICLES AND TRAFFIC ~ 22-1[;2 provision shall not apply to streets which are located in com- mercial 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 drive- way or yard within fifty (50) feet of any dwelling house occu- pied by any person or family other than the person or family of the person owning or using such truck or commercial vehi- cle. For the purpose of this section, "nighttime" shall be de- fined as the period of time from one-half (1;2) hour after sundown until one-half (1;2) hour before sunrise. For the purpose of this section, "residential area" shall be defined as an area where fifty (50) per cent or more of the property abutting the street within the block is used for residential pur- poses. "Commercial or industrial areas" shall be defined as areas where fifty (50) per cent or more of the property abut- ting the street within the block is used for commercial or industrial plirposes. (Code 1960, ~ 27-1425; Ord. No. 8023, ~~ 1, 2, 5-19-69; Ord. No. 8560, ~ 1, 4-4-77) Sec. 22-151. Designation of loading, unloading zones. The board of commissioners may from time to time, by resolution, designate loading and unloading zones. Sec. 22-152. Marking, use of loading, unloading zones. The city manager is authorized and directed to designate the exact location of loading and unloading zones, and is further directed to clearly mark said zones as being limited to parking for the sole purpose of loading and unloading mer- chandise into and from delivery trucks and other vehicles being used for commercial delivery purposes. To avoid con- gestion and danger to the public, no truck shall be parked in loading or unloading zones contrary to the provisions of section 22-149 or any other ordinance of said city. No vehicle shall be parked within such zones so designated for more than fifteen (15) minutes continuously, and each successive continuous fifteen (15) minute period is hereby declared to be a separate offense. The above described use of the said Supp. No. 22 929 ~ 22-152 SALINA CODE ~ 22-155 loading and unloading zones shall be in effect only between the hours of 7 :00 a.m. and 12 :00 noon on every day of the week except Sundays and legal holidays. From 12 :00 n0011 until 7 :00 p.m. on every day except Sundays and legal holi- days, the above described areas are hereby designated by the city manager as set forth in Article VI of this chapter. For the purpose of this section, one loading and unloading space on any street where angle parking is required shall be eleven (11) feet of curb space and one loading and unloading space on any street where parallel parking is required shall be twenty-two (22) feet of curb space. (Code 1960, S 27-1427) Sec. 22-153. Parking on private property without permission -Prohibited. It shall be unlawful for any person to park, place or leave standing, whether attended or unattended, any vehicle upon the private real property of another, without the consent of the owner or lessee of said real property. (Code 1960, S 27-1429) Sec. 22-154. Same-Penalty. It is declared to be a public offense for any person to violate the foregoing section and any person convicted of such vio- lation thereof shall be punished by a fine of not more than fifty dollars ($50.00). (Code 1960, S 27-1430) Sec. 22-155. Same-Removal of vehicles. Whenever any person complains under oath that a vehicle is standing upon private real property in violation of section 22-153 hereof, any police officer is hereby authorized to pro- vide for the removal of such vehicle to the nearest garage or other place of safety. The owner or other person entitled to the possession of any such vehicle shall be required to pay the reasonable cost of such removal before being entitled to the possession of such vehicle. (Code 1960, S 27-1431) Supp. No. 22 930 e e e ~ 22-156 MOTOR VEHICLES AND TRAFFIC ~ 22-160 Sec. 22-156. Duties when leaving vehicle unattended. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the en- gine, or when standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway. (Code 1960, ~ 27-1701) Sec. 22-157. Repairing, washing vehicles on streets. No person shall repair any vehicle or any part or tires thereof or paint any vehicle, or permit the same to done, on any street, except in case of emergency as set forth in section 22-139 of this chapter. No vehicle shall be washed in any street in any commercial or industrial district as de- fined by the zoning ordinance. (Code 1960, ~ 27-1702) See. 22-158. Penalty for violating parking regulations. Any person who shall violate any parking provisions of this Code or any other parking regulations, except as other- wise provided, shall be punished by a fine of not more than twenty-five dollars ($25.00). See. 22-159. Board of commissioners to designate parking spaces for the use of handicapped persons. The board of commissioners may, from time to time, by resolution, designate parking zones for the use of handicapped persons or persons responsible for transportation of handi- capped persons which bears special license plate or identifica- tIOn cards issued pursuant to K.S.A. 8-161 or K.S.A. 8-132 (a) and is being operated by or used for transportation of a handi- capped person or disabled veteran. (Ord. No. 8757, ~ 1, 10- 22-79 ) Sec. 22-160. City manager to designate exact location. The city manager is authorized and directed to designate the exact location of the handicapped parking spaces within the Supp. No. 25 931 ~ 22-160 SALINA CODE ~ 22-17i zone and is further directed to clearly mark said spaces as being limited parking for the sole purpose of handicapped per- sons. (Ord. No. 8757, S 1, 10-22-79) Sec. 22-161. Unauthorized parking prohibited in designated handicapped parking spaces. It shall be unlawful for any persons to park any vehicle in a parking space which is clearly marked as being reserved for the use of handicapped persons or persons responsible for the transportation of handicapped persons unless such vehicle bears a special license plate or identification card issued pur- suant to K.S.A. 8-161 or 8-132 (a) and is being operated by or used for the transportation of a handicapped person or dis- abled veteran. (Ord. No. 8757, S 1, 10-22-79) Sees. 22-162-22-168. Reserved. ARTICLE VI. PARKING METERS* Sec. 22-169. Vehicle defined. The word "vehicle," as used herein, shall mean any device by which any person or property may be transported upon a public highway, except those operated upon rails or perma- nent tracks. (Code 1960, S 27-2301) Sec. 22-170. Parking meter defined. The term "parking meter," as used herein, shall mean ~ mechanical device located upon a municipal and public park. ing lot, a public street or sidewalk in a place regularly desig- nated 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 parking privileges may be extended to the person depositing a coin therein. (Code 1960, S 27-2302) Sec. 22-171. Parking meter zone defined. A "parking meter zone", as used herein, shall be deemed to represent a certain designated and marked off section of *Editor's note-Art. VI was repealed by Ord. No. 8058 adopted by the board of commissioners on Dec. 22, 1969. Referendum ordinance repealing Ord. No. 8058 and reenacting the provisions of Art. VI was approved at a special election held on March 24, 1970. Supp. No. 25 932 e e e ~ 22-171 MOTOR VEHICLES AND TRAFFIC ~ 22-175 a municipal and public parking lot or a certain designated and marked off section of a public street within the marked and designated boundaries where the vehicle may be tem- porarily parked and allowed to remain for such period of time as the parking meter there situated may indicate. Such parking meter zones shall be designated by a parking meter which shall be located upon the sidewalk, bumper curb, island or other place adjacent to the designated and marked off parking spaces. (Code 1960, ~ 27-2303) Sec. 22-172. 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 hereby, and to cover the cost of the purchasing, leasing, acquiring, installation, operation, maintenance, supervision, regulation and control of the park- ing meters described herein. (Code 1960, ~ 27-2318) Sec. 22-173. Provisions declared supplemental. This article shall be deemed to be in addition and supple- mentary to, and not in conflict with nor a repeal of prior or existing ordinance of the city, but shall be an additional pro- vision for the regulation of traffic and parking in those zones provided for hereunder. (Code 1960, ~ 27-2319) Sec. 22-174. Establishment for zones. The board of commissioners shall from time to time by resolution designate and establish parking meter zones and time limits therein. (Code 1960, ~ 27-2304) Sec. 22-175. Manager to install meters, mark spaces. The city manager shall cause meters to be installed in the parking meter zones and shall cause parking meter spaces to be designated as hereinafter provided, and shall indicate Supp. No. 25 932.1 e e e ~ 22-175 MOTOR VEHICLES AND TRAFFIC ~ 22-177 the time limitations by designating the same on the parking meter or meters or by appropriate signs posted in proximity to said meter or meters in said zones. (Code 1960, S 27-2306) Sec. 22-176. Manager to procure, maintain meters. The city manager is hereby directed to provide for the purchase, leasing, acquiring, installation, operation, mainte- nance, supervision, regulation and use of the parking meters provided for in this article and to maintain th(:< said meters in good workable condition and the city manager is hereby vested with power and authority to enter into a contract for a six (6) months trial period, after approval of the terms and conditions thereof by the board of commissioners of the city for the leasing and installation of parking meters, the pay- ment for such meters and/or installation to be provided for solely from the receipts, funds and revenues obtained from the operation of said parking meters without in any manner obligating the city to pay for the same from any other source. The city manager is further authorized and empowered to enter into a contract, after approval of the terms and condi- tions thereof by the board of commissioners of the city, for such protection and maintenance of said parking meters as may be necessary to maintain the same in good operating condition and to pay for such parts, protection and mainte- nance of said parking meters exclusively from the receipts, funds and revenues received from the operation of said park- ing meters. (Code 1960, S 27-2307) Sec. 22-177. Location, construction of meters. The parking meters installed in the parking meter zones established as provided in section 22-174 hereof shall be placed upon the curb immediately adjacent to the individual parking places hereinafter described. Each parking meter shall be placed or set in such manner as to show or display by a signal that the parking space adjacent to such meter is or is not legally in use. Each parking meter installed shall indi- cate by proper legend the legal parking time established by the city and when operated shall indicate on and by its dial Supp. No. 24 933 ~ 22-177 SALINA CODE ~ 22-180 and pointer the duration of the period of legal parking, and on the expiration of such period, shall indicate illegal or overparking. (Code 1960, ~ 27-2308) Sec. 22-178. 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 2-58 of this Code or defined in Chapter 35 of Kansas Statutes Annotated. Sec. 22-179. Designation of stalls; duty to park within. The city manager shall have markings paint.ed or placed upon the curb and/or upon the street adjacent to each park- ing meter for the purpose of designating' the parking space for which said meter is to be used and each vehicle parking adjacent or next to any parking meter shall park within the lines or markings 'so established. It shaH be unlawful and a violation of this article to park any vebicle across any such line or marking or to park said vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings. (Code 1960, ~ 27-2309) Sec. 22-180. 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 22-179 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 attached to such vehicle, enclose said 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 sta- tion as a penalty for and in full satisfaction of such violation. If said penalty is not paid within seventy-two (72) hours of Supp. No. 24 934 e e e ~ 22-180 MOTOR VEHICLES AND TRAFFIC ~ 22-182 the time when such notice was attached to such vehicle, the penalty for such violation shall be two dollars ($2.00) pay- able to the desk sergeant at the police station, and the failure of such owner or operator to make such provision within said seventy-two (72) hours shall render said owner or operator subject to the penalties hereinafter provided for violations of the provisions of this article. (Ord. No. 6883, 10-25-65; Ord. No. 8707, S 1, 3-26-79) Sec. 22-181. Front wheel to be against curb. All vehicles parked in a prescribed and indicated area in any parking meter zones shall be parked so that the right or left front wheel of the vehicle is resting against the curb. (Code 1960, S 27-2305) Sec. 22-182. Duty to deposit coin, activate meter. When any vehicle shall be parked in any space adjacent to which a parking meter is located in accordance with the provisions of this article, the operator of said vehicle 'shall, upon entering the said parking space, immediately deposit or cause to be deposited a coin of the United States, in such parking meter, of a denomination or denominations indicated on each of said meters, and put such meter in operation, and failure to deposit such coin or coins and put the meter in operation shall constitute a breach of this article and shall subject such person to the penalty prescribed in section 22-191 hereof. Upon the deposit of such coin or coins and placing said meter in operation, the parking space may be lawfully occupied by such vehicle during the period of parking time which has been prescribed for the part of the street in which said parking space is located. If said vehicle shall remain parked in any such parking space beyond the parking time limit fixed for such parking space, the parking meter shall by its dial and pointer indicate such illegal parking, and in that event, such vehicle shall be considered as parked over- time and beyond the period of legal parking time and the parking of a vehicle overtime or beyond the period of legal parking time shall be a violation of this article and punished as hereafter set out. (Code 1960, S 27-2311) Supp. No. 24 935 S 22-183 SALINA CODE S 22-187 Sec. 22-183. Overtime parking prohibited. It shall be unlawful and a violation of the provisions of this article 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 de- scribed. (Code 1960, ~ 27-2312) Sec. 22-184. Permitting vehicle to be parked overtime. It shall be unlawful and a violation of the provisions of this article for any person to permit a vehicle to remain or be placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already parked beyond the period of time prescribed for such parking space. (Code 1960, ~ 27-2313) Sec. 22-185. Length of vehicles in municipal lots. No vehicle shall be parked within any municipal parking lot if the vehicle shall be of an overall length in excess of twenty (20) feet. (Code 1960, ~ 27-2305) Sec. 22-186. Damaging, defacing meters. It shall be unlawful and a violation of the provisions of this article for any person to deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this article. (Code 1960, ~ 27-2314) Sec. 22-187. Depositing slugs. It shall be unlawful and a violation of the provisions of this article to deposit or cause to be deposited in any parking meter, any slug, device or metallic substance, or any other substitute for a coin of the United States. (Code 1960, ~ 27-2315) Supp. No. 24 936 e e e S 22-188 MOTOR VEHICLES AND TRAFFIC S 22-190 Sec. 22-188. Temporary suspension of use of meters. The city manager is hereby authorized and vested with the power and authority to enter into contracts, 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 therefrom shall be credited to the parking meter fund. (Ord. No. 6746, 11-4-63) Sec. 22-189. 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: Sec. 22-189(1). The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parking in violation of any of the provisions of this article. Sec. 22-189(2). The state license number of such vehicle. Sec. 22-189(3). The time during which such vehicle is parking in violation of any of the provisions of this article. Sec. 22-189(4). Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. (Code 1960, ~ 27-2316; Ord. No. 6554, ~ 1,7-11-61) Sec. 22-190. Notice of violation; 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 article. Each such owner or operator may, within twenty-four (24) hours of the time when such notice was attached to such vehicle enclose said notice with fifty cents ($.50) if the violation was Supp. No. 26 937 ~ 22-190 SALINA CODE ~ 22-202 failure to deposit coin or coins of a sufficient amount in the meter in violation of section 22-182 or one dollar ($1.00) if the violation was for parking beyond the period of legal parking for said zone in violation of section 22-183 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 said penalty is not paid within twenty-four (24) hours of the time when such violation was attached to such vehicle the penalty for such violation shall be one dollar ($1.00) for violations of section 22-182 and two dollars ($2.00) for violation of section 22-183, payable to the desk sergeant at the police station, the failure of such owner or operator to make such provisions within twenty-four (24) hours shall render said owner or operator subject to the penalties hereinafter provided for violation of the provisions of this article. (Code 1960, ~ 27-2317; Ord. No. 6554, ~ 1,7-11-61; Ord. No. 8708, ~ 1, 3-26-79; Ord. No. 8761, ~ 1, 11-19-79) Sec. 22-191. Penalty. Any person who shall violate any of the provisions of this article and any person who aids, abets or assists therein, shall, upon conviction thereof, be subject to a fine of not exceeding fifty dollars ($50.00) for each offense or violation or be imprisoned for not exceeding fifteen (15) days. (Code 1960, ~ 27-2317) Sees. 22-192-22-201. Reserved. ARTICLE VII. RIDING VEHICLES Sec. 22-202. Driving with view or driving mechanism ob. structed. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons ex- ceeding three (3), as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the Supp. No. 26 938 - S 22-202 MOTOR VEHICLES AND TRAFFIC S 22-203 driver's control over the driving mechanism of the vehicle. (Code 1960, ~ 27-1501) State law reference-For similar provisions, see K.S.A. 8-574(a). Sec. 22-203. Passengers interfering with driver's view or con- trol. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. (Code 1960, ~ 27-1501) State law reference-For similar provisions, see K.S.A. 8-574(b). e e Supp. No. 26 938.1 e e e S 22-204 MOTOR VEHICLES AND TRAFFIC S 22-209 Sec. 22-204. Riding on part of vehicle not designed for pas- sengers. No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This pro- vision shall not apply to any employee engaged in the necessary discharge of a duty, or to any person riding within truck bodies in space intended for merchandise. (Code 1960, S 27-1501) Sec. 22-205. Boarding, alighting from moving vehicle. No person shall board or alight from any vehicle while such vehicle is in motion. (Code 1960, S 27-1502) Sec. 22-206. Clinging to moving vehicles. No person riding upon any bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle shall attach the same or himself to any moving vehicle upon any roadway. (Code 1960, S 27-1503) Sec. 22-207. Riding on motorcycles, bicycles. The operator of a motorcycle or bicycle when upon a street shall not carry any other persons upon the handlebar, frame or tank of any such vehicle, or any place nn any such vehicle except on a regular seat provided for such purpose, nor shall any person so ride upon any such vehicle. (Code 1960, !i 27-1504) Sec. 22-208. Operating, parking on sidewalks, parkways. No vehicle, except bicycles, shall be operated or parked on any sidewalk or parkway space, except in crossing the same in a driveway space provided for such crossing f0r the purpose of reaching the paved or traveled portion of a highway. (Code 1960, !i 27-1601) Sec. 22-209. Riding bicycles on sidewalks in business districts. No person shall ride a bicycle on any sidewalk in any business district. (Code 1960, !i 27-1601) 939 ~ 22-210 SALINA CODE ~ 22-214 Sec. 22-210. 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 pedestrian shall slow or stop the same if neces- sary to avoid colliding with or interfering with the passage of any pedestrian on such sidewalk. (Code 1960, S 27-1601) Article VIII. Pedestrians Sec. 22-211. Regulations applicable. Pedestrians shall be subject to traffic-control signals at intersections as heretofore declared in this chapter, but at all other places pedestrians shall be accord'3d the privileges and shall be subject to the restrictions stated in this chapter. (Code 1960, S 27-1101) State law reference-For similar provisions, see K.S.A. 8-555. Sec. 22-212. Right-of-way at crosswalks. Where traffic-control signals are not in place or in opera- tion the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield to a pedes- trian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter. (Code 1960, S 27-1102) State law reference-For similar provisions, see K.S.A. 8-556(a). Sec. 22-213. Overtaking vehicle stopped at crosswalk. Whenever any vehicle is 'Stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (Code 1960, S 27-1102) State law reference-For similar provisions, see K.S.A. 8-556(b). Sec. 22-214. Dashing into traffic prohibited. No pedestrian shall suddenly leave a curb or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (Code 1960, S 27-1102) State law reference--For similar provisions, see K.S.A. 8-556(c). 940 e e e ~ 22-215 MOTOR VEHICLES AND TRAFFIC ~ 22-216 Sec. 22-215. Pedestrian control signal legend. Whenever special pedestrian control signals exhibiting the words "walk" or "wait" or "don't walk" are in place, such signals shall indicate as follows: Sec. 22-215(1). Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal, and shall be given the right-of-way by the drivers of all vehicles. Sec. 22-215(2). Wait or don't walk. No pedestrian shall start to cross the roadway in the direction of such sig- nal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island whil':l the wait signal is showing. (Code 1960, ~ 27-1102) State law reference-For similar provisions, see K.S.A. 8-556(c). Sec. 22-216. Pedestrians crossing at other than crosswalks. Sec. 22-216(1). Every pedestrian crossing a roadway at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shaH yield the right- of-way to all vehicles upon the roadway. Sec. 22-216(2). Any pedestrian crossir..g a roadway at a point where a pedestrian tunnel or overhead pedestrian cross- ing has been provided shall yield the right-of-way to all ve- hicles upon the roadway. Sec. 22-216(3). Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. Sec. 22-216(4). Notwithstanding the previsions of this sec- tion every driver of a vehicle shall exerci:3e due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when 7lecessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (Code 1960, ~ 27-1103) State law reference-For similar provisions, see K.S.A. 8-557. 941 g 22-217 SALINA CODE ~ 22-221 Sec. 22-217. Duty to walk facing traffic. Any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. (Code 1960, ~ 27-1104) State law reference--For similar provisions, see K.S.A. 8-557a. Sec. 22-218. Duty to use right half of crosswalks. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (Code 1960, S 27-1105) State law reference-For similar provisions, see K.S.A. 8-558. Sec. 22-219. Hitchhiking. No person shall stand or walk in a roadway for the purpose of soliciting a ride from the operator of any private vehicle. (Code 1960, ~ 27-1106) Sec. 22-220. Drivers' duties on encountering blind or incapaci- tated persons. Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a g-uide dog or carrying in a raised of extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where such pedestrian is attempting to cross, shall bring his vehicle to a full stop before arriving at such intersection or place of crossing, and before proceeding shall take such precautions as may be necessary to avoid injuring snch pedestrian. (Codp 1960, S27-1112) State law reference-For similar provisions, see K.S.A. 8-558b. Sec. 22-221. Rights of blind, incapacitated person not using cane or dog. Nothing contained in sections 22-220 Hnd 22-222 shall be construed to deprive any totally or partially blind or other- wise incapacitated person, not carrying 'mch a cane or walk- ing stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing street~ or highways, nor shall the failure of such totally or partially 942 e ~ 22-221 MOTOR VEHICLES AND TRAFFIC ~ 22-235 blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon the streets, highways or sidewalks, be held to constitute nor be evidence of contributory negligence. (Code 1960, ~ 27-1113) Sec. 22-222. Impersonating blind or incapacitated person. It shall be unlawful for any person, nnless totally or par- tially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is whitf' in color or white tipped with red. (Code 1960, ~ 27-1111) State law reference--For similar provisions, see K.S.A. 8-558a. Sec. 22-223. Penalty for violating sections 22-220 through 22- 222. e Any person who violates any provision of sections 22-220, 22-221 or 22-222 shall, upon conviction thereof, be punished by a fine of not to exceed twenty-five dollars ($215.00) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment. (Code 1960, ~ 27-1114) State law reference--For similar provisions, see K.S.A. 8-558d. Sees. 22-224-22-233. Reserved. Article IX. Parades and Processions Sec. 22-234. Permit required. No procession or parade other than a funeral procession, excepting the forces of the United States Army or Navy, the military forces of this state, and the forces of the Police and Fire Departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police and other regulations as set forth herein which may apply. (Code 1960, ~ 27-1703) e Sec. 22-235. Pennant or escort required for funeral proces- sion. A funeral composed of a procession of vehicles shall be identified as such by the display upon tho outside of at least 943 ~ 22-235 SALINA CODE ~ 22-248 the first four (4) vehicles in such proce~sion, of a pennant of a type designated by the chief of police or the traffic division of the police department, or sh3,e be escorted by a police vehicle or vehicles. (Code 1960, 9 27-1704) Sec. 22-236. 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 1960, ~ 27-1704) Sec. 22-237. 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 vehicle:;; are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers. (Code 1960, ~ 27-1705) Sees. 22-238-22-247. Reserved. Article X. Trains and Railroads~ Sec. 22-248. Obedience to signal indicating approach of trains. Sec. 22-21,8(1). Whenever any person nriving a vehicle ap- proaches a railroad grade crossing and II clearly visible elec- tric or mechanical signal device or a flagman gives warning of the immediate approach of a train, the driver of such vehicle shall stop within fifty (50) feet but not less than ten (10) feet from the nearest track of such railroad and shall not proceed until he can do so safely. Sec. 22-21,8(2). The driver of a vehicle shall stop and re- main standing and not traverse such grade crossing when a *Cross reference-For construction and widening of railroad cross- ings, see ~ 32-279 et seq. 944 e e e S 22-248 MOTOR VEHICLES AND TRAFFIC ~ 22-251 crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. (Code 1960, S 27-1301) State law reference--For similar provisions, see K.S.A. 8-564. Sec. 22-249. All vehicles to stop at crossings designated by state. When the state highway commission h?s designated a par- ticularly dangerous highway grade crossing of a railroad and erected a stop sign thereat, the driver of any vehicle shall stop within fifty (50) feet but not less than ten (10) feet from the nearest track of such grade crossing and shall proceed only upon exercising due care. (Code 1960, S 27-1302) State law reference--For similar provisions, see K.S.A. 8-565. Sec. 22-250. All vehicles to stop at crossings designated by city. The driver of every vehicle shall bring such vehicle to a complete stop before entering the intersection of streets, with the railroad tracks or crossings designated by resolution of the board of commissioners, and before driving or propelling such vehicle into or across any such railroad crossing. (Code 1960, S 27-1304) Sec. 22-251. Placement, type of stop signs at crossings. Stop signs of such type or types as may be selected by the dty manager with the approval of the board of commission- ers, shall be placed at the entrance to the intersections or crossings designated' m the preceding section of this chapter. Such stop signs shall be placed at the side or curb line of such streets, facing the approaching traffic which is required by this chapter to stop at such places, and shall be either of a reflector type which is self-illuminating at night, or equipped with flashing illuminating signa:s, and in addition the city manager may, if he deems necessary, place in the street at such places flexible rubber flap stop signs or metal button type stop signs. (Code 1960, S 27-1305) 945 ~ 22-252 SALINA CODE ~ 22-253 Sec. 22-252. Certain vehicles must stop at all grade cross- ings. Sec. 22-252(1). The driver of any motor vehicle carrying pas- sengers for hire, or of any school bus carrying any school child or of any vehicle carrying explosive substances or flammable li- quids as a cargo or part of a cargo, or of any vehicle designed for the carrying of flammable liquids, before crossing at grade any track or tracks of a railroad, shall stop such vehicle with- in fifty (50) feet but not less than ten (10) feet from the nearest rail of such railroad, and while so stopped shall listen and look in both directions along such track for any approach- ing train, and for signals indicating the Hpproach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. Sec. 22-252(2). No stop need be made at any 'Such crossing where a police officar or a traffic-control dgnal directs traffic to proceed. (Code 1960, ~ 27-1303) State law rcference--For similar provisions, see K.S.A. 8-566. Sec. 22-253. Moving heavy equipment at grade crossings. Sec. 22-253(1). No person shall operate or move any crawler type tractor, steam shovel, derrick, roller or any equipment or structure having a normal operating speed of six (6) or less miles per hour or a vertical body cr load clearance of less than nine (9) inches above the level surface of a roadway upon or across any tracts at a railroad grade crossing without first complying with this section. Sec. 22-253(2). Before making any such crossing, the per- son operating or moving any such vehicle or equipment shall first stop the same not less than ten (10) feet nor more than thirty (30) feet from the nearest rail of such railway, and while so 'Stopped shall listen and look in both directions along such track for any approaching train and for signals in- dicating the approach of a train, and shall not proceed until the crossing can be made safely. 946 e e e S 22-253 MOTOR VEHICLES AND TRAFFIC S 22-266 Sec. 22-253(3). No such crossing shall be made when war.l1- ing is given by automatic signal or crossing gates or flagmen or otherwise of the immediate approach of a railroad train or car. (Code 1960, ~ 27-1306) State law reference-For similar provisions, see K.S.A. 8-567. Sec. 22-254. Trains blocking streets. It shall be unlawful for the directing 0fficer 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 1960, ~ 27-1307) Sec. 22-255. Backing trains, cars across crossings. It shall be unlawful for the directing officer or the operator of any railroad train or any brakeman, switchman, engineer, or other employee or officer of any railroad to permit or cause to permit any train or car or cars of a train or other object moving along such track to back across any street, avenue or thoroughfare in the city without first stationing, or causing to be stationed in said street, avenue or thoroughfare, a flag- man or other employee of said railroad whose duty it shall be to warn, by suitable signals, all approaching traffic of the immediate approach of such train or car or cars of such train or other object moving along such track: Provided, that no railroad car or cars, or other object moving along such track shall be shuttled, switched, driven or "bumped" across any street, avenue or thoroughfare in the city unless such cars are attached to an engine and under proper control. (Code 1960, S 27-1308) Sees. 22-256-22-265. Reserved. Article XI. Accidents~ Sec. 22-266. Involving death or personal injuries. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop "State law reference-Accidents and accident reports, K.S.A. 8-519 et seq. 947 ~ 22-266 SALINA CODE ~ 22-269 such vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith retu1'll to and in every event shall remain at the scene of the 51.ccident until he has fulfilled the requirements of section 22-268. Every such stop shall be made without obstructing traffic more than is neces- sary. Failure to comply with this section shall constitute a misdemeanor. State law reference-For similar provisions, see K.S.A. 8-518. Sec. 22-267. Involving damage to vehicle. The driver of any vehicle involved in any accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possihle, but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 22-268. Every such stop shall be made without obstructing traffic more than is necessary. (Code 1960, S 27-502) State law reference-For similar provisions, see K.S.A. 8-519. Sec. 22-268. Duty to give information and render aid. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request and if available exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such per:::son to a phy- sician, surgeon, or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. (Code 1960, S 27-503) Sec. 22-269. Duty on striking unattended vehicle. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then 948 ,- S 22-269 MOTOR VEHICLES AND TRAFFIC S 22-271 and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a ~tatement of the cir- cumstances thereof. (Code 1960, S 27-504) State law reference---For similar provisions, see K.S.A. 8-521. Sec. 22-270. Duties on striking fixtures on highway. e The driver of any vehicle involved in all accident resulting only in damages to fixtures legally upon or ;J,djacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving, and shall upon rc>quest and if avail- able exhibit his operator's or chauffeur's license and shall make report of such accident when and a'S required in section 22-271. (Code 1960, S 27-505) State law reference-For similar provisions, see K.S.A. 8-522. Sec. 22-271. Reports required. Sec. 22-271 (1). The driver of a vehicle involved in an acci- dent resulting in injury to or death of any person or total property damage to an apparent extent of more than one hundred dollars ($100.00), shall, within twenty-four (24) hours after such accident, forward a written report of such accident to the police department. e Sec. 22-271 (2). The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports when- ever the original report is insufficient in the opinion of the department, and may require witnesses of accidents to render reports to the department. Sec. 22-271 (3). The driver of a vehicle involved in an acci- dent resulting in injury to or death of any person or property 949 S 22-271 SALINA CODE S 22-284 damage to an apparent extent of (me hundred dollars ($100.00) or more shall immediately by the quickest means of communication give notice of such accident to the police department. Sec. 22-271 (4). Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accid.ent of which report must be made as required in this section, either at the time of and at the scene of the accident or there- after by interviewing the participants or witnesses, shall, within twenty-four (24) hours after completing such investigation, forward a written report of such accident to thE' department. (Code 1960, S 27-506) State law reference-For similar provisions, see K.S.A. 8-523. Sec. 22-272. Report when driver incapacitated. Whenever the driver of a vehicle is physically incapable of making a required accident report, and there was another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made a report. (Code 1960, S 27-507) State law reference-For similar provisions, see K.S.A. 8-524. Sec. 22-273. Reports to state to be filed with police; confi- dential nature. The driver of a vehicle involved in an accident shall file the required report of su.ch accident or a copy of the report re- quired to be filed with the state department with the police department. All such reports shall be for the confidential use of the police department. (Code 1960, ~ 27-508) Sees. 22-274-22-283. Reserved. Article XII. Vehic1e Equipment and Condition Sec. 22-284. Generally; compliance required. No person shall drive or move, and no owner shall cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not con- 950 e e e 9 22-284 MOTOR VEHICLES AND TRAFFIC 9 22-286 tain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjust- ment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter. (Code 1960, ~ 27-1710) State law refercnce--For similar provisions, see K.S.A. 8-580(a). Sec. 22-285. Exemptions. The provisions of this chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors except as herein made applicable. (Code 1960, S 27-1710) State law reference--For similar provisions, see K.S.A. 8-580(b). Sec. 22-286. When lighted lamps required; visibility distance; mounted height of lamps. Sec. 22-286(1). Every motor vehicle upon a highway within the city at any time from a half (1;2) hour after sunset to a half (1;2) hour before sunrise, and at any other time when there is not sufficient light to render clearly discernible per- sons and vehicles on the highway at a distance of five hundred (500) feet ahead, shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicls as hereinafter stated. Sec. 22-286(2). Whenever requirement is hereinafter de- clared as to the distance from which certain lamps and devic8s shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply, during the times stated in section 22..:286 (1) in resp8ct to a vehicle without load upon a straight, level, unligbted highway under normal atmospheric conditions unless a dUferent time or con- dition is expressly stated. Sec. 22-286(3). Whenever in this chapter requirement is declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. (Code 1960, S 27-1801) State law reference-For similar provisions, see K.S.A. 8-581. 951 S 22-287 SALINA CODE S 22-288 Sec. 22-287. Head lamps required. Sec. 22-287(1). Every motor vehicle other than a motor- cycle or motor-driven cycle shall be equipped with at least two (2) head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations Ret forth in this chap- ter. Sec. 22-287(2). Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two (.2) head lamps which shall comply with the requirements and limitations of this chapter. Sec. 22-287(3). Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the head ,lamp of not more than fifty-four (54) inches nor less than twenty-one (21) inches to be measured as set forth in sec- tion 22-286 (3) and' shall not apply to vehicles mentioned in section 22-285. Sec. 22-287(4). The provisions of section 22..287(3) shall only apply to new motor vehicles registered in this state, and which are manufactured or assembled after July 1, 1959. (Code 1960, S 27-1802) State law reference-For similar provisions, see K.S.A. 8-582. Sec. 22-288. Tail lamps and reflectors required. Sec. 22-288(1). Every motor vehicle, trailel, semitrailer, pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear, but in the case of a train of vehicles, only the tail lamp on the rear-most vehicle need actually be seen from the distance specified. Every such new vehicle, other than a truck tractor, registered' in this state and manufactured or assembled after July 1, 1959, shall be equipped with at least two (2) tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as herein re- quired, shall comply with the provisions of this section. Every 952 e e ~ 22-288 MOTOR VEHICLES AND TRAFFIC ~ 22-289 tail lamp upon every vehicle shall be located at a height of not more than seventy-two (72) inches, nor less than twenty (20) inches. Se_c. 22-288(2). Either a tail lamp or a sepamte lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty (50) feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminat- ing the rear registration plate, shall be so wired as to be lighted whenever head lamps or auxiliary driving lamps are lighted. Sec. 22-288(3). Every new motor vehicl~, other than a truck tractor, sold and operated on a highway after July 1, 1959, shall carryon the rear, either as a part of the tail lamps or separately, two red reflectors, except that every motorcycle and every motor-driven cycle shall carry at least one reflec- tor, meeting the requirements of this section, and except that vehicles of the type mentioned in section 22-289 shall be equipped with reflectors as required in those sections applica- ble thereto. Sec. 22-288(4). Every such reflector shall be mounted upon a vehicle at a height not less than twenty (20) nor more than sixty (60) inches, measured as set forth in sectIon 22-286 (3) and shall be of such size and characteristics and so mounted as to be visible at night from all distancr-e within three hun- dred (300) feet to fifty (50) feet from such vehicle when directly in front of l<lwful upper beams of head lamps, except that on a commercial vehicle the reflectors shall be visible from all distances within five hundred (500) feet to fifty (50) feet from such vehicle, when directly in front of law- ful upper beams of head lamps; and except that visibility from a greater distance is hereinafter required of reflectors on certain types of vehicles. (Code 1960, S 27-1803) State law reference-For similar provisions, see K.S.A. 8-583. Sec. 22-289. Additional lighting equipment on certain vehi- cles. In addition to other equipment required by this chapter, the following new vehicles sold and operated on a highway after July 1, 1959, shall be equipped as herein stated. 953 ~ 22-289 SALINA CODE ~ 22-289 Sec. 22-289(1). On every bus or truck, whatever its size, there shall be the following: On the rear, two (2) re- flectors, one at each side and one combination taillight and stop light. Sec. 22-289(2). On every bus or truck, eighty (80) inches or more in overall width, in addition to the require- ments in section 22-289 (1) : (a) On the front, two (2) clearance lamps, one at each side; (b) On the rear, two (2) clearance lamps, one at each side; (c) On each 'Side, two (2) side marker lamps, one at or near the front, and one at or near the rear; and (d) On each side, two (2) reflectors, one at or near the front, and one at or near the rear. Sec. 22-289(3). On every truck tractor: (a) On the front, two (2) clearance lamps, one at each side; and (b) On the rear, one combination tail light and stop light. Sec. 22-289 (4). On every Kansas licensed trailer or semi- trailer having a gross weight in excess of three thou- sand (3,000) pounds: (a) On the front, two (2) clearance lamps, one at each side; (b) On each 'Side, two (2) side marker lamps, one at or near the front, and one at or near the rear; (c) On each side, two (2) reflectors, one at or near the front, and one at or near the rear; and (d) On the rear, two (2) clearance lamps, one at each side, also two (2) reflectors, one at each side and one combination tail light and stop light, Sec. 22-289(5). On every pole trailer in excess of three thou- sand (3,000) pounds gross weight: (a) On each side, one side marker lamp and one clear- ance lamp, which may be in c\)mbination, to show to the front, side and rear; and (b) On the rear of the pole trailer or load, two (2) reflectors, one at each side. 954 - e e ~ 22-289 MOTOR VEHICLES AND TRAFFIC ~ 22-291 Sec. 22-289(6). On every trailer, semitrailer, or pole trailer: On the rear, two (2) reflectors, one at each side. If any trailer or semitrailer is so loaded or is of such dimensions as to obscure the 'Stop light on the towing vehicle, then such vehicle shall also be equipped with one tail light and one combination tail light and stop light. (Code 1960, ~ 27-1804) State law reference-For similar provisions, see K.S.A. 8-584. Sec. 22-290. Color of clearance, side marker, backup lamps and reflectors. Sec. 22-290(1). Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color. Sec. 22-290(2). Rear clearance lamps and those marker lamps and reflectors mounted on the l'('ar or on the sides near the rear of a vehicle shall display or reflect a red color. Sec. 22-290(3). All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber or yellow, and except that the light illuminating the license plate 'Shall be white and the light emitted by a backup lamp shall be white or amber. (Code 1960, S 27-1805) State law reference-For similar provisions, see K.S.A. 8-584a. Sec. 22-291. Mounting of reflectors, clearance lamps, side marker lamps. Sec. 22-291 (1). Reflectors when requir('d by section 22-289 shall be mounted at a height not less than twenty-four (24) inches and not higher than sixty (60) inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four (24) inche'S the reflector at such point shall be mounted as high as that part of the permanent structure will permit. The rear reflectors on a pole trailer may be m0unted on each side of the bolster or load. Any required red reflector on the rear 955 ~ 22-291 SALINA CODE ~ 22-293 of a vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other statutory reflector require.. ments. Sec. 22-291 (2). Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination, provided illumination is given as required herein with reference to both. (Code 1960, S 27-1806) State law reference--For similar provisions, see K.S.A. 8-584b. Sec. 22-292. Visibility of reflectors, clearance and marker lamps. Sec. 22-292 (1). Every reflector upon any vehicle referred to in section 22-289 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within siix hundred (600) feet to one hundred (100) feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear. Sec. 22-292(2). Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmos- pheric conditions at the times lights are required at a dis- tance of five hundred (500) feet from the front and rear. respectively, of the vehicle. Sec. 22-292(3). Side marker lamps shall be capable of being 'seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of five hundred (500) feet from the side of the vehicle on which mounted. (Code 1960, S 27-1807) State law reference>----For similar provisions, see K.S.A. 8-584c. Sec. 22-293. Obstructed lights not required. Whenever motor and other vehicles are operated in combi- nation during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of 956 e e e ~ 22-293 MOTOR VEHICLES AND TRAFFIC S 22-295 its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. (Code 1960, ~ 27- 1808) State law reference--For similar provisions, see K.S.A. 8-584d. Sec. 22-294. Lamps or flags on projecting loads. Whenever the load upon any vehicle extends more than six (6) inches beyond the sides or four (4) ft~et or more beyond the rear of the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, and at the extreme sides, at the times specified in section 22-286, red lights or lanterns plainly visible from a distance of at least five hundred (500) feet to the sides and rear: Provided, that the total width of any vehicle or load thereon shall not exceed the limitations prescribed by section 22-327. The red lights or lanterns required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than twelve (12) inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. (Code 1960, ~ 27-1809) State law reference-For similar provisions, see K.S.A. 8-585. Sec. 22-295. Lamps on parked vehicles. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the times mentioned in section 22-286, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of five hundred (500) feet to the front of such vehicle and a red light visible from a distance of five hundred (500) feet to the rear, except that no lights need be displayed upon any such vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of five 957 ~ 22-295 SALINA CODE ~ 22-298 hundred (500) feet upon such highway. Any lighted head lamps upon a parked' vehicle shall be depressed or dimmed. (Code 1960, S 27-1810) State law reference-For similar provisions, see K.S.A. 8-586. Sec. 22-296. Lamps on bicycles. Every bicycle operated upon any street or highway in the nighttime shall be equipped with a lamp on the front exhibit- ing a white light visible from a distance of at least five hun- dred (500) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of five hundred (500) feet to the rear, except that a red reflector meeting the requirements of this chapter may be used in lieu of a rear light. (Code 1960, S 27-1811) State law reference-For similar provisions, see K.S.A. 8-587. Sec. 22-297. Lamps on other vehicles and equipment. All vehicles, including animal-drawn vehicles and including those referred' to in section 22-284 not hereinafter specifically required to be equipped with lamps, shall at the times speci- fied in section 22-286 hereof be equipped with at last one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visi- ble from a distance of five hundred (500) feet to the rear. (Code 1960, S 27-1812) State law reference-For similar provisions, see K.S.A. 8-588. Sec. 22-298. Spot lamps and auxiliary lamps. Sec. 22-298(1). Spot lamps. Any motor vehicle may be equipped with not to exceed one spot lamp, and every lighted spot lamp shall be so aimed and' used upon approaching an- other vehicle that no part of the high intensity portion of the beam will be directed to the left of thE' prolongation of the extreme left side of the vehicle nor more than one hundred (100) feet ahead of the vehicle. Sec. 22-298(2). Auxiliary driving lamps. Any motor vehicle may be equipped with not to exceed two (2) auxiliary driving lamps mounted on the front at a height nnt less than sixteen 958 .- e e ~ 22-298 MOTOR VEHICLES AND TRAFFIC ~ 22-299 (16) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands. The provisions of section 22-301 shall apply to any combination of head lamps and auxiliary driving lamps. Sec. 22-298(3). Auxiliary passing lampf:l. Any motor vehicle may be equipped with not to exceed two (2) auxiliary pa'ssing lamps mounted on the front at a height not less than twenty- four (24) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands. The provisions of section 22-301 shall apply to any combination of head lamps and auxiliary passing lamps. Sec. 22-298(1;). Fog lamps. Any motor vehicle may be equipped with not to exceed two (2) fog lamps mounted on the front at a height not less than twelve (12) inches nor more than thirty (30) inches above the level surface upon which the vehicle stands, and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of twenty- five (25) feet ahead project higher than a level of four (4) inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams as specified in sec- tion 22-301 (2). (Code 1960, S 27-1813) State law reference--For similar provisions, see K.S.A. 8-589. Sec. 22-299. Signal lamps and devices. Sec. 22-299(1). Any motor vehicle may be equipped and when required under this chapter shall be equipped with the following signal lamps or devices: (a) A stop lamp or stop lamps on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with one or more other rear lamps. (b) A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear. This paragraph shall not be ap- plicable to motorcycles. 959 S 22-299 SALINA CODE ~ 22-300 Sec. 22-299(2). Every stop lamp shall be plainly visible and understandable from a distance of one hundred (100) feet to the rear both during normal sunlight and at nighttime and every signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and night- time from a distance of one hundred (100) feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working condition, No stop lamp or signal lamp shall project a glaring or dazzling light. Sec. 22-299(3). All mechanical signal devices shall be self- illuminated when in use at the times mentioned in section 22- 286. Sec. 22-299(4). On and after December 1, 1959, every new motor vehicle sold within this city shall be equipped with a flashing light signal device capable of clearly indicating any intention to turn, either to the right or to the left, and which shall be visible both from the front and the rear. (Code 1960, ~ 27-1814) State law reference--For similar provisions, see K.S.A. 8-590. Sec. 22-300. Additional lighting equipment. Sec. 22-300(1). Any motor vehicle m8Y be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare. Sec. 22-300(2). Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side there- of, which shall emit a white or amber light without glare. Sec. 22-300(3). Any motor vehicle may be equipped with not more than two (2) backup lamps, either separately or in com- bination with other lamps; except that 'my such backup lamp need not be continuously lighted when the motor vehicle is in forward motion. Sec. 22-300(4). Any commercial vehicle eighty (80) inches or more in overall width may be equipped with not more than three (3) identification lamps showing to the front which shall emit an amber light without glare, and not more than 960 e e e ~ 22-300 MOTOR VEHICLES AND TRAFFIC ~ 22-301 three (3) identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be placed in a row, and may be mounted either horizontally or vertically. (Code 1960, S 27-1815) State law reference--For similar provisions, see K.S.A. 8-591. Sec. 22-301. Multiple-beam road-lighting equipment required. Except as hereinafter provided, the head lamps, or the aux- iliary driving lamp or the auxiliary passing lamp or combi- nation thereof, on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to dif- ferent elevations, and such lamps, may, in addition, be so ar- ranged that such selection can be made automatically subject to the following limitations: Sec. 22-301 (1). There shall be an uppermost distribution of light, or composite beam, so aimed and of such in- tensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading. Sec. 22-301 (2). There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be di- rected to strike the eyes of an approaching driver. Sec. 22-301 (3). Every new motor vehicle, other than a motor- cycle or motor-driven cycle, registered in this state after January 1, 1956, which has multiple-beam road- lighting equipment shall be equipped with a beam in- dicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use. and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the ve- hicle so equipped. (Code 1960, S 27-1816) State law reference-For similar provisions, see K.S.A. 8-592. 961 ~ 22-302 SALINA CODE S 22-303 Sec. 22-302. Use of multiple-beam road-lighting equipment. Sec. 22-302(1). Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section 8-58'1 of Kansas Statutes Annotated, section 22-286 of this chapter, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and' limitations. Sec. 22-302(2). Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in section 8-592 of Kansas Stat- utes Annotated, section 22..,297 of this chapter, shall be deemed to avoid glare at all times, regardless of road contour and loading. Sec. 22-302(3). Whenever the d'river of a vehicle follows another vehicle within two hundred (200) feet to the rear, except when engaged in the act of overt&king and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in section 8-592 of Kansas Statutes Annotated, section 22-297 of this chapter. (Code 1960, ~ 27-1817) State law reference-For similar provisions, see K.S.A. 8-593. Sec. 22-303. Alternate road-lighting equipment. Any motor vehicle may be operated under the conditions specified in section 22-286 when equipped with two (2) lighted lamps upon the front thereof capable of revealing persons and objects seventy-five (75) feet ahead in lieu of lamps re- quired in section 2:2..,297: Provided, that at no time shall it be operated at a speed in excess of twenty (20) miles per hour. (Code 1960, ~ 27-1818) State law reference-For similar provisions, see K.S.A. 8-595. 962 e e e S 22-304 MOTOR VEHICLES AND TRAFFIC ~ 22-305 Sec. 22-304. Number of driving lamps required or permitted. Sec. 22-304(1). At all times specified in section 22-286 at least two (2) lighted lamps shall be di.~pJayed, one at each side at the front of every motor vehicle except when such vehicle is parked subject to the regulations governing lights on parked vehicles. Sec. 22-304(2). Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any aux- iliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at anyone time when upon a highway. (Code 1960, ~ 27-1819) State law reference-For similar provisions, see K.S.A. 8-596. Sec. 22-305. Special restrictions on lamps. Sec. 22-305(1). Any lighted lamps, or illuminating device upon a motor vehicle other than head lamps, spot lamps, aux- iliary lamps, flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps which project a beam of light of an intensity greater than three hundred (300) candle- power shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy- five (75) feet from the vehicle. Sec. 22-305(2). No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front thereof. This section shall not apply to any vehicles upon which a red light visible from the front is expressly author- ized or required by this chapter, and any such emergency ve- hicle may be operated either with two (2) alternating flash- ing lights or a flashing dome light. Sec. 22-305(3). Flashing lights are prohibited on motor ve- hicles, except on an authorized emergency vehicle, school bus, snow-removal equipment and maintenance equipment, or on any vehicle as a means of indicating a right or left turn or 963 ~ 22-305 SALINA CODE ~ 22-307 the presence of a vehicular traffic hazard requmng unusual care in approaching, overtaking, or passing. Such authorized emergency vehicles shall use a red flashing light and all other flashing lights, except those indicating a right or left turn, shall be amber lights. (Code 1960, ~ 27-1820) State law reference-For similar provisions, see K.S.A. 8-597. Sec. 22-306. Selling, using lamps or devices. Sec. 22-306(1). No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer or semitrailer or use upon any such vehicle any head lamp, aUXIliary or fog lamps, rear lamp, signal lamp or reflector, which reflector is required hereunder, or parts of any of the foregoing, which tend to change the original design or performance, unless of a type which has been sub- mitted to the commission and approved by it. Sec. 22-306(2). No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer or semitrailer any lamp or device men- tioned in this section which has been :lpproved by the com- mission unless such lamp or device bear!'; thereon the trade- mark or name under which it is approved so as to be legible when installed. Sec. 22-306(3). No person shall use upon any motor vehicle, trailer or semitrailer any lamps mentioned in this section unless said lamps are mounted, adjusted and aimed in accord- ance with instructions of the commission. (Code 1960. ~ 27- 1821) State law reference-For similar provisions, see K.S.A. 8-598. Sec. 22-307. Brakes. Sec. 22-307(1). Equipment required. (a) Every motor vehicle or combination of vehicles other than a motorcycle, when operated upon a highway, shall be equipped with brakes adequate to control the move- ment of and to stop and hold such vehicle or combina- tion of vehicles, including two (2) separate means of applying the brakes, each of which means shall be ef- 964 e e e S 22-307 MOTOR VEHICLES AND TRAFFIC ~ 22-307 fective to apply the brakes to at least two (2) wheels. If these two (2) separate means of applying the brakes are connected in any way, they shall be so constructed that failure to anyone part of the operating mechan- ism shall not leave the motor vehicle without brakes on at least two (2) wheels. (b) Every motorcycle, bicycle and bicycle with motor at- tached, when operated upon ;1 highway shall be equipped with at least one brake, which may be operat- ed by hand or foot. Sec. 22-307(2). Performance ability. (a) The service brakes upon any motor vehicle or combi- nation of vehicles shall be adequate to stop such ve- hicle or vehicles when traveling twenty (20) miles per hour within a distance of thirty (30) feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one per cent (1 % ) . (b) Under the above conditions the hand brake shall be adequate to stop such vehicle or vehicles within a dis- tance of fifty-five (55) feet and said hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which operated. (c) Under the above conditions the service brakes upon a motor vehicle equipped with two-wheel brakes only, and when permitted hereunder, shall be adequate to stop the vehicle within a distance of forty (40) feet and the hand brake adequate to stop the vehicl~ within a distance of fifty-five (55) feet. (d) All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this chapter. (e) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite side of vehicles. (Code 1960, S 27-1901) State law reference-For similar provisions, see K.S.A. 8-5,101. 965 ~ 22-308 SALINA CODE ~ 22-309 Sec. 22-308. Horns and warning devices. Sec. 22-308(1). Every motor vehicle vrhen operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible nnder normal conditions from a distance of not less than two hundred (200) feet, but no horn or other warning device shall emit an un- reasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn, but shall not otherwise use such horn when upon a highway. Sec. 22-308(2). No vehicle shall be equipped with nor shall any person use upon a vehicle any siren or bell, except as otherwise permitted in this section. Sec. 22-308(3). Any authorized emergency vehicle shall, in addition to any other equipment and distinctive marking required by this chapter, be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal condi- tions from a distance of not less than five hundred (500) feet and of a type approved by the department, but such siren shall not be used except when such vehicle is operated in re- sponse to but not returning from an emergency call or in the immediate pursuit of an actual or suspeeted violator of the law, in which said latter events the driver of such vehicle shall sound said siren when necessary to warn pedestrians and other drivers of the approach thereof. (Code 1960, ~ 27- 1902) State law reference-For similar provisions, see K.S.A. 8-5,102. Sec. 22-309. Mufflers and prevention of noise, fumes. Sec. 22-309(1). Every motor vehicle I'\hall at all times be equipped with a muffler in good working order and in con- stant operation to prevent excessive or unusual noise and annoying smoke, and: no person shall use a muffler cutout, bypass or similar device upon a motor vehicle on a highway. Sec. 22-309(2). The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (Code 1960, ~ 27- 1903) State law reference--For similar provisions, see K.S.A. 8-5,103. 966 e e e ~ 22-310 MOTOR VEHICLES AND TRAFFIC ~ 22-313 Sec. 22-310. Mirrors. Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred (200) feet to the rear of such vehicle. (Code 1960, S 27-1904) State law reference--For similar provisions, see K.S.A. 8-5,104. Sec. 22-311. Windshields to be unobstructed. No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon thl:': front wind- shield, sidewings, side or rear windows of such vehicle other than a certificate or other paper required to be so displayed by law. (Code 1960, S 27-1905) State law reference-For similar provisions, see K.S.A. 8-5,105 (a). Sec. 22-312. Windshield wipers required. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or 0ther moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (Code 1960, S 27-1905) State law reference-For similar provisions, see K.S.A. 8-5,105 (b). Sec. 22-313. Restrictions as to tire equipment. Sec. 22-313(1). Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. Sec. 22-313(2). No person shall operate or move on any highway any motor vehicle, trailer or semitrailer having any metal tire in contact with the roadway. Sec. 22-313(3). No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberances of any material other than rubber which projects beyond the tread of the traction sur- face of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not 967 S 22-313 SALINA CODE ~ 22-324 injure the highway, and except also that it shall be permis- sible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice or other conditions tending to cause a vehicle skid',:md except that the state highway commission is authorized to approve tires with metallic or nonmetallic studs which will not injure the high- way and to issue and enforce regulations establishing stand- ards and specifications for the approval of such studs. Sec. 22-313(4). The board of commissioners may, in their discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with traverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which upon a highway could otherwise be pro- hibited under this chapter. (Code 1960, S 27-1906) State law reference-For similar provisions, see K.S.A. 8-5,106. Sec. 22-314. Requirements for vehicles transporting explo- sives. Any person operating any vehicle transporting any ex- plosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section: Sec. 22-314(1). Said vehicle shall be marked or placarded' on each side and the rear with the words "explosives" in letters not less than eight (8) inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four (24) inches square marked with the word "danger" in white letters six (6) inches high. Sec. 22-314(2). Every said vehicle shall be equipped with not less than two (2) fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. (Code 1960, S 27-2001) State law reference--For similar provisions, see K.S.A. 8-5,109. Sees. 22-315-22-324. Reserved. 968 e 9 22-325 MOTOR VEHICLES AND TRAFFIC 9 22-327 Article XIII. Size, Weight and Load Sec. 22-325. Compliance required. It shall be unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this article or other- wise in violation of this article, and the maximum size and weight herein specified shall be lawful throughout the city. (Code 1960, S 27-2101) State law reference-For similar provisions, see, K.S.A. 8-5,113(a). Sec. 22-326. Exemptions. e The provisions of this article governing size, weight and load shall not apply to fire apparatus, road machinery, or to implements of husbandry temporarily moved upon a highway, or to a vehicle operated under the terms of a special permit issued as herein provided. (Code 1960, 9 27-2101) Sec. 22-327. Width. Sec. 22-327(1). The total outside width of any vehicle or the load thereon shall not exceed eight (8) feet except as otherwise provided in this section. e Sec. 22-327(2). The total outside width of a farm tractor shall not exceed ten (10) feet. Sec. 22-327(3). Whenever pneumatic tires, in substitution of the same type or other types of tires, have been heretofore or are hereafter placed upon a vehicle in operation upon the effective date of this chapter, the maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall not exceed eight (8) feet six (6) inches, but in such event the outside width of the body of such vehicle or the load thereon 8hall not exceed eight (8) feet. Sec. 22-327(4). Tbe total outside width of the body of a bus used in local urban transit operations shall not exceed eight (8) feet six (6) inches. 969 ~ 22-327 SALINA CODE ~ 22-329 Sec. 22-327(5). A house trailer or mobile home which ex- ceeds the width as provided in section 22-327 (3) of this sec- tion may be moved on the highways of this state upon the ob- taining of a special permit as provided in section 8-5,122 of K.S.A., if the driver of the vehicle pulling such mobile home or house trailer has a valid chauffeur's license and if such driver carries with him evidence that '3uch house trailer or mobile home and the vehicle pulling it are covered by liability insurance with limits of no less than twenty-five thousand dollars ($25,000.00) for injury to anyone person, and fifty thousand dollars ($50,000.00) for injury to persons in anyone accident, and ten thousand dollars ($10,000.00) for injury to property. (Code 1960, S 27-2102) State law reference-For similar provisions, see K.S.A. 8-5,114 ( e). Sec. 22-328. Projecting loads on passenger vehicles. No passenger type vehicle shall be operated on any high- way with any load carried thereon extending beyond the line of the fenders on the left side of su<jl vehicle nor extending more than six (6) inches beyond the line of the fenders on the right side thereof. (Code 1960, S 27-2103) State law reference--For similar provisions, see K.S.A. 8-5,115. Sec. 22-329. Height and length. Sec. 22-329(1). No vehicle unladen or with load shall exceed a height of thirteen (13) feet six (6) inches. Sec. 22-329(2). No motor vehicle or single truck shall ex- ceed a length of forty-two and a half (42112) feet extreme overall dimensions, inclusive of front and rear bumpers except no single bus shall have an overall length, inclusive of front and rear bumpers, and no trailer or semitrailer shall exceed forty-two and a half (42112) feet in length. Sec. 22-329(3). No combination of truck-tractor and semi- trailer shall have an overall length, inclusive of front and rear bumpers, in excess of fifty-five (55) feet except that such a combination specially designed to transport motor vehicles or boats may itself have a length of sixty (60) feet. Sec. 22-329 ( 4). No other combination af vehicles coupled together shall exceed a total length of sixty-five (65) feet: 970 e S 22-329 MOTOR VEHICLES AND TRAFFIC S 22-330 Provided, that 'Such other combinations of vehicles coupled together having a total length of more than fifty-five (55) feet but not more than sixty-five (65) fet't may be operated only on such highways and routes as shaH be approved and designated for such operations by the state highway commis- sion. e Sec. 22-329(5). 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 daytime when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered and vehicles transporting such objects at nighttime by a public utility when required for emergency repair of public service facilities or property or when operated under special permit ciS provided in K.S.A. 8-5, 122, 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 dimensiontl of such load. Sec. 22-329(6). The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of ve- hicles, shall not extend more than three (3) feet beyond the front wheels of such vehicle or the front bumper of 'Such vehi- cle if it is equipped with such a bumper. (Code 1960, S 27- 2104) State law reference-For similar provisions, see K.S.A. 8-5,116. Sec. 22-330. Spilling loads. e No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such road- way. (Code 1960, S 27-2105) State law reference-For similar provisions, se,e K.S.A. 8-5,117. 971 ~ 22-331 SALINA CODE ~ 22-332 Sec. 22-331. Trailers and towed vehicles; drawbar connection and safety hitch. Sec. 22-331 (1). When one vehicle is towing another the drawbar or other connection shall be of sufficient strength to pull, stop or hold all weight towed thereby, and said draw- bar or other connection shall not exceed fifteen (15) feet from one vehicle to the other except the connection between any two (2) vehicles transporting poles, pipe, machinery or other objects of structural nature, which cannot readily be dismembered. Sec. 22-331 (2). In addition to the drawbar connections be- tween any two such vehicles there shall be provided an ade- quate safety hitch. Sec. 22-331 (3). When one vehicle is towing another and the connection consists of a chain, rope or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve (12) inches square. (Code 1960, ~ 27-2106) State law reference-For similar provisions, see K.S.A. 8-5,118. Sec. 22-332. Wheel and axle loads. Sec. 22-332(1). The gross weight upon any "lheel of a ve- hicle shall not exceed the following: (a) When the wheel is equipped with a high pressure pneu- matic, solid rubber or cushion tire, eight thousand (8,000) pounds. (b) When the wheel is equipped with a low pressure pneu- matic tire, nine thousand (9,000) pounds. Sec. 22-332(2). The gross weight upon anyone axle of a vehicle shall not exceed the following: (a) When the wheels attached to said axle are equipped with high pressure pneumatic, solid rubber or cushion tires, sixteen thousand (16,000) pounds. (b) When the wheels attached to said axle are equipped with low pressure pneumatic tires, eighteen thousand (18,000) pounds. Sec. 22-332(3). For the purposes of this sedion, an axle load shall be defined as the total load on all wheels whose 972 e e e ~ 22-332 MOTOR VEHICLES AND TRAFFIC ~ 22-334 centers are included within two (2) parallel transverse verti- cal planes not more than forty (40) inches apart, and further, than any axle placed within seven (7) feet of any adjacent axles shall at all times carry its proportionate part of the load permitted on such pair of axles. Sec. 22-332 ( 4). For the purposes of this section, every pneu- matic tire designed for use and used when inflated with air to less than one hundred (100) pounds pressure shall be deemed a low pressure pneumatic tire, and every pneumatic tire inflated to one hundred (100) pounds pressure or more shall be deemed a high pressure pneumatic tire. (Code 1960, S 27-2107) State law reference-For similar provisions, see K.S.A. 8-5, 119. Sec. 22-333. Gross weight. No vehicle or combination of vehicles shall be moved or operated on any street or bridge when the gross weight there- of exceeds the limits specified in K.S.A. 8-5,120. (Code 1960, S 27-2108; Ord. No. 6814, S 1, 9-14-64) State law reference-For similar provisions, see K.S.A. 8-5, 120. Sec. 22-334. Authority to weigh vehicles, require removal of excess loads. Sec. 22-334(1). Any police officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales, and may require that such vehicle be driven to the nearest scale in the event such scales are within five (5) miles. Sec. 22-334(2). Whenever an officer upon weighing a ve- hicle and load, as above provided, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under this chapter. All material so unloaded shall be cared for by the owner or operator of such vehicle at the risk of such owner or operator. Supp. No.4 973 ~ 22-334 SALINA CODE g 22-345 Sec. 22-334(3). Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer upon a weighing of the vehicle, to stop the vehicle and otherwise comply with the provisions of this section, shall be guilty of a violation. (Code 1960, S 27-2109) State law reference-For similar provisions, see K.S.A. 8-5, 121. Sec. 22-335. Through truck traffic prohibited on certain streets; when permitted. Whenever, by resolution of the board of commissioners, a street is designated as a one on which through truck traffic is prohibited, it shall be the duty of the city manager to erect appropriate signs giving notice thereof, and after the erection of such signs, it shall be unlawful for any person to operate a truck having a gross vehicle weight of over 16,000 pounds thereon for any purpose other than making deliveries to prem- ises located within the corporate limits of the city. (Ord. No. 7004, S 1, 7-24-67) Amendment note-Section 1 of Ord. No. 7004 amended this Code by adding ~ 22-335. Sees. 22-336-22-343. Reserved. Article XIV. Violations and Penalties Sec. 22-344. Violation prohibited. It is unlawful for any person to violate any of the provi- sions of any section of this chapter. (Code 1960, S 27-2201) State law reference-For similar provisions, see K.S.A. 8-5, 125(a). Sec. 22-345. Procedure on arrest for violation of provisions the same as state law. Sec. 22-345 (1). Whenever a person is arrested for the vio- lation of a provision of this chapter or ordinance of any city defining any offense, the provisions of which are identical with provisions of any section of article 5 of chapter 8 of the Kansas Statutes Annotated, or fixing a limitation upon the speed of vehicles pursuant to the provisions of such article, and such person is not given an immediate hearing required Supp. No.4 974 - ~ 22-345 MOTOR VEHICLES AND TRAFFIC ~ 22-345 by law, the arresting officer shall prepare in duplicate written notice to appear in court containing the name and address of such person, the license number of his vehicle, the offense charged, and the time and place when such person shall appear in the police court of the city. The time specified in said notice to appear must be at least five (5) days after such arrest un- less the person arrested shall demand an earlier hearing. The arrested person in order to secure release as provided in this section, must give his written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer. The original of said notice shall be re- tained by said officer and the copy thereof delivered to the - Supp. No. 4. 974.1 e e e ~ 22-345 MOTOR VEHICLES AND TRAFFIC ~ 22-346 person arrested. Thereupon, subject to the provisions of sub- section (2) of this section, said officer shall forthwith release the person arrested from custody. Sec. 22-345(2). Notwithstanding any other provisions of this section or of this act, whenever any person shall be ar- rested for the violation of any of the provisions of this chapter or an ordinance of the city defining any offense described in subsection (1) of this section and such person is not given an immediate hearing as hereinbefore provided upon the adoption by the city of an ordinance authorizing and prescrib- ing the amount of bond which may be required for designated offenses, the arresting officer may require the person so arrested to give bond in the amount specified in such ordi- nance for the offense for which arrested which bond shall be subject to forfeiture if said person !'lO arrested does not appear for trial at the time specified in the written notice pro- vided for in subsection (1) of this section. Such bond shall be a cash bond and shall be taken in the following manner: The arresting officer shall furnish the person arrested a stamped envelope addressed to the jud'ge and the person arrested shall place in such envelope the amount of the bond, and in the presence of the arresting officer shall deposit the same in the United States mail. Sec. 22-345(3). The offenses for which appearance bonds may be required as provided in subsection (2) of this section and the amounts thereof shall be prescribed by ordinance of the city. Sec. 22-345 (4). In the event of forfeiture of any of the bonds authorized by the provisions of this section, then five dollars ($5.00) of said forfeited bond' shall be regarded as court costs. State law reference-For similar provisions, see K.S.A. 8-5,129a. Sec. 22-346. Failure to appear prohibited; procedure. (a) Prohibited. It shall be unlawful for any person to fail to appear or answer a complaint or summons. (b) Residents. The court shall issue a warrant for the arrest of any defendant who is a resident of this state and who fails to appear or answer a traffic complaint or summons 975 ~ 22-346 SALINA CODE ~ 22-348 served upon him and upon which a complaint has been filed. If the warrant is not executed within thirty (30) days after issue, the court shall promptly report the name of the de- fendant, the date and nature of the traffic offense charged, the license number of the motor vehicle involved in the of- fense, and all other pertinent facts to the motor vehicle department of the state. A copy of the report shall be filed with the complaint. The court shall then work the case as closed on its records, subject to being reopened if the appear- ance of the defendant is thereafter obtained. (c) Nonresidents. If a defendant not a resident of this state fails to appear or answer a traffic complaint or summons, served upon him and upon which a complaint has been filed within thirty (30) days after the return date of the com- plaint or summons, the court shall mail a notice to the de- fendant at the address stated in the complaint sending a copy of the notice to the motor vehicle department and filing a copy with the complaint. If the defendant fails to appear or otherwise answer within thirty (30) days after the mailing of notice, the court shall work the case as closed on its rec- ords, subject to being reopened if the defendant thereafter appears or otherwise answers. Sec. 22-347. Penalties established. Any person convicted of a violation of this chapter, or the failure to comply herewith, shall be punished as provided by section 1-8 of this Code, unless another penalty is specifically provided. Sec. 22-348. Parties to offenses. Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act de- clared herein to be unlawful, whether individually or in con- nection with one or more other persons or as principal, agent or accessory, shall be guilty of such offenr.e, and every person who falsely, fraudulently, forcibly or wilfully induces, causes, 976 - e e S 22-348 MOTOR VEHICLES AND TRAFFIC S 22-350 coerces, requires, permits or directs another to violate any provision of this chapter, is likewise guilty of such offense. (Code 1960, S 27-2202) State law reference---For similar provisions, see K.S.A. 8-5,127. Sec. 22-349. Offenses by persons owning or controlling ve- hicles. It is unlawful for the owner, or any other person, employ- ing or otherwise directing the driver of any vehicle, to re- quire or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law. (Code 1960, S 27-2203) State law reference---For similar provisions, see K.S.A. 8-5,127. Sec. 22-350. Record and report of violations. Sec. 22-350(1). The police judge shall keep a full record of every case in which a person is charged with a violation of this chapter or of an ordinance of any city <'lefining any offense, the provisions of which are identical with provisions of K.S.A. Chapter 8, Article 5, or fixing a limitation upon the speed of vehicles. Sec. 22-350(2). Within ten (10) days after the conviction or forfeiture of bail or an appearance bond of a person upon a charge of violating any provisions of this article or a city ordinance regulating the operation of vehicles on highways the judge shall prepare and immediately forward to the state department of motor vehicles an abstra~t of the record of said court covering the case in which said person was so con- victed or forfeited bail or bond, which abstract must be certi- fied by the person so required to prepare the same to be true and correct. Sec. 22-350(3). Said abstract must be made upon a form furnished by the state department of motor vehicles and shall include the name and address of the party charged, the reg- istration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or wheth- er bail or bond forfeited and the amount of the fine or for- feiture as the case may be. 977 ~ 22-350 SALINA CODE ~ 22-352 Sec. 22-350 ( 4). The failure, refusal, or neglect of the police judge to comply with any of the requirements of this section shall constitute misconduct in office and shall be ground for removal therefrom. Sec. 22-350(5). The clerk of any court of record to which a conviction for violation of any of the laws described in sec- tion 22-350 (1) has been appealed shall within ten (10) days of the final disposition of said appeal forward a notification of such final disposition to the state department of motor vehicles. State law reference--For similar provisions, see K.S.A. 8-5,131. Sec. 22-351. Parental responsibility for violations by children. Any parent or guardian of any child under the age of six- teen (16) years who permits such child to ride or operate any bicycle or other vehicle in the city shall be responsible for the obedience of such child to the requirements of this chapter, and it shall be unlawful for any parent or guardian of any such child to knowingly permit the violation by such child of any of the provisions of this chapter, or to furnish to or per- mit the use by any such child of any bicycle or other vehicle in violation of the provisions of this chapter, and the continued violation by any such child of any provisions of this chapter after notice of such violation 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 guardian. (Code 1960, ~ 27-1602) Sec. 22-352. Police to take up bicycles, vehicles used by chil- dren in violations. If any child under the age of sixteen (16) years shall op- erate or ride on any bicycle or other vebicle in violation of the provisions of this chapter or if any such bicycle or other vehicle, or the equipment of the same, fails to comply with the requirements of this chapter, any police officer of the city may take possession of such vehicle and take the same to the police headquarters in the city, and there keep the 'same until the parents or guardian of such child are notified and until arrangements are made by such parent or guardian to comply with the requirements of this chapter. (Code 1960, ~ 27-1603) [The next page is 1003] 978 - Chapter 22A NEIGHBORHOOD CENTERS Art. I. Neighborhood Centers Board, ~~ 22A-1-22A-5 ARTICLE I. NEIGHBORHOOD CENTERS BOARD Sec. 22A-1. Neighborhood centers board created. There is hereby created a neighborhood centers board to assist in the operation and administration of the city's neigh- borhood centers. (Ord. No. 8668, S 1, 10-16-78) -e Sec. 22A-2. Membership; appointment and term. The neighborhood centers board shall consist of seven (7) members, each of whom shall be a resident of the city and ap- pointed by the mayor, with the approval of the board of commissioners. A majority of the members of the board shall reside within the area served by the various neighborhood centers. Initial appointments to the board shall be for terms of one, two (2) and three (3) years and thereafter all ap- pointments shall be for a term of three (3) years and until a successor is appointed and qualified; provided however, that no person shall be appointed for more than two (2) consecu- tive full terms. (Ord. No. 86'68, S 1, 10-1-6-78) Sec. 22A-3. Organization. The board shall annually organize and elect from its mem- bers a chairperson and such other officers as it may deem necessary or required. (Ord. No. 8668, S 1, 10-16-78) Sec. 22A-4. Duties and powers. The neighborhood centers board shall have the following duties and powers: (a) To hold regular public meetings and keep a written record of its proceedings which shall be public record. . Supp. No. 24 989 ~ 22A-4 SALINA CODE ~ 22A-5 (b) To annually review the neighborhood centers of the City of Salina, Kansas. (c) To adopt rules and regulations for the operation and administration of the neighborhood centers in accord- ance with the general policies of operations as may be determined by the board of city commissioners from time to time. (d) To recommend to the board of city commissioners future neighborhood center needs and the location thereof. (e) To recommend to the board of city commissioners capi- tal improvements to the neighborhood centers. (f) In general, to act as an advisory group to the board of city commissioners, the city manager and human resources coordinator in regards to the operation and needs of the City of Salina, Kansas, for neighborhood centers. (Ord. No. 8668, ~ 1, 10-16-78) Sec. 22A-5. Annual report. The board shall prepare and submit through the city man- ager to the board of city commissioners an annual report of its activities during the past year, together with recommenda- tions it might have concerning the neighborhood centers in the City of Salina, Kansas. (Ord. No. 8668, ~ 1, 10-16-78) [The next page is 1003] Supp. No. 24 990 e Chapter 23 OFFENSES-MISCELLANEOUS* Art. I. In General, ~~ 23-1-23-14 Art. II. Offenses Against Property, ~~ 23-15-23-42 Art. III. Offenses Affecting Administration of Justice, ~~ 23-43-23-67 Art. IV. Offenses Against Morals and Decency, ~~ 23-68-23-106 Art. V. Offenses Against Peace and Order, ~~ 23-107-23-123 Art. VI. Weapons, ~~ 23-124-23-145 Art. VII. Miscellaneous Offenses, ~~ 23-146-23-170 Art. VIII. Inoperable Vehicles, ~~ 23-171-23-179 Article I. In General Sec. 23-1. Offenses and construction of terms. The provisions of the laws of the State of Kansas relating to misdemeanors in reference to offenses and construction of terms insofar as the same relate to and are applicable shall apply to this chapter. (Code 1960, ~ 23-102) e Sec. 23-2. Aiding and abetting. Every person who shall wilfully assist or advise, aid or abet any other person in the commission of any of the offenses named in this chapter shall, upon conviction thereof, be pun- ished in the same manner as the principal offender. (Code 1960, ~ 23-103) State law reference-For similar provisions, see K.S.A. 62-1016. e Sec. 23-3. Attempts prohibited; punishment. It shall be unlawful for any person to attempt to commit any offense herein defined, and any person who in such at- tempt shall do any act toward the commission of any such offense but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, shall, upon conviction thereof, be fined not to exceed one-half (l/2) of the greatest fine which may be imposed upon conviction of such offense or may be sentenced for a term not to exceed one-half (l!2) of the greatest term which could be imposed upon conviction of such offense. (Code 1960, ~ 23-104) State law reference--For attempts, see K.S.A. 21-101. *Cross reference--For traffic regulations, see Ch. 22. Supp. No. 12 1003 ~ 23-4 SALINA CODE ~ 23-17 Sec. 23-4. Merger of attempt with completed offense. No person shall be convicted of an assault with intent to commIt an otfense, or of any other actempt to commit any offense, when it shall appear that the offense intended or attempted was perpetrated by such person at the time of such assault or in pursuance of such attempt. (Code 1960, ~ 23-105) State law reference-For similar provisions, see K.S.A. 21-102. Sees. 23-5-23-14. Reserved. Article II. Offenses Against Property Sec. 23-15. Criminal trespass-Prohibited. Whoever enters upon the land or into any structure, vehi- cle, aircraft or watercraft of another or any part thereof; or any land structure, vehIcle, aircraft or watercraft or any part thereof owned by the city or by the County of Saline or the State of Kansas, all as may be located within the corporate limits of the city, after receiving, prior to such entry, notice from the owner or occupant, or any person having lawful control thereof that such entry is forbidden, or remains upon or within such property after receiving notice from the own- er or occupant or any person having lawful control thereof to depart, shall be guilty of criminal trespass. Sec. 23-16. Same-Notice. A person has received notice from the owner or occupant or any person having lawful control thereof within the mean- ing of section 23-15 if he has been notified personally, either orally or in writing, or if a printed or written notice for- bidding such entry is conspicuously posted or exhibited in a manner reasonably likely to come to the attention of intruders. Sec. 23-17. Damaging, removing boundary or grade markers. Any person who shall injure, uncover, dig up, pull up or in any manner remove, deface or destroy any stake, stone or monument established or located in any place in this city Supp. No. 12 1004 e e e ~ 23-17 OFFENSES-MISCELLANEOUS !l 23-21 for the purpose of marking the boundary of any lot, street, avenue, alley or public ground of said city, or established or located for the purpose of determining the location of grades, shall be guilty of a misdemeanor. (Code 1960, S 23-1117) State law reference-Removing, defacing, altering landmarks, K.S.A. 21-573. Sec. 23-18. Damaging, removing house and street numbers. Any person who shall remove, destroy, carry away, or in any manner deface or disfigure any house number, street or avenue name, or number in the city 'Shall be guilty of a mis- demeanor. (Code 1960, S 23-1110) Sec. 23-19. Embezzlement. It shall be unlawful for any person to embezzle any money, personal property or effects of another, under the value of fifty dollars ($50.00) (the same not being a felony without regard to value). (Code 1960, S 23-407) State law reference-For embezzlement, see K.S.A. 21-545-21-550. Sec. 23-20. False pretenses; obtaining property by. Any person who shall, with intent to cheat or defraud another, obtain from any other person or persons any money, property or valuable thing of the value of less than fifty dollars ($50.00) (the same not being a felony without regard to value), 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 instrument or spurious coin or metal, shall be guilty of a misdemeanor. (Code 1960, S 23-410) State law reference-F'or similar provisions, see K.S.A. 21-551. Sec. 23-21. Fruit; entering enclosure, carrying away. If any person or persons shall maliciously or mischievously enter the inclosure of any person and pick, de'Stroy or carry away any apples, pears, peaches, plums, grapes or other fruit of any tree, shrub, bush or vine, he shall be deemed guilty of a misdemeanor. (Code 1960, S 23-403) State law reference-For similar provisions, see K.S.A. 21-536. 1005 ~ 23-22 SALIN A CODE !l 23-26 Sec. 23-22. Littering. Any person who shall sweep, throw or deposit, in any man- ner, 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, envelope'!, wrappers, wrap- ping 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, shall be guilty of a misdemeanor. (Code 1960, ~ 23-417) Cross reference--For refuse and trash regulations generally, see Ch. 31. Sec. 23-23. Malicious mischief. Whoever shall wilfully and maliciously remove, cut, mar, displace, deface, break, dig up or quarry, injure, damage or destroy the property of another, either public or private, shall be guilty of a misdemeanor. (Code 1960, ~ 23-411) State law reference~For malicious mischief, see K.S.A. 21-570-21- 576. Sec. 23-24. Petit larceny. Every person who shall steal, take and carry away any money or personal property or effects of another under the value of fifty dollars ($50.00) (not being the subject of grand larceny, without regard to value) 'Shall be deemed guilty of a misdemeanor. (Code 1960, ~ 23-401) State law reference--For similar provisions, see K.S.A. 21-535. Sec. 23-25. Picking pockets, taking property from person. Whoever shall unlawfully pick the pockets of another or unlawfully take from the person of another any personal property with intent to steal the same shall be guilty of a misdemeanor. (Code 1960, ~ 23-404) State law refe'rence-For similar provisions, see K.S.A. 21-2422. Sec. 23-26. Railroads, railroad property. Any person who shall climb, jump, stop, stand upon, cling to or in any manner attach oneself to any locomotive, engine 1006 e e e S 23-26 OFFENSES-MISCELLANEOUS S 23-29 or railroad car, either stationary or in motion, belonging to any railroad company, except when on husines'S with such company, or interfere with anything belonging to said engine or car as aforesaid on any railroad in the city; or interfere with any goods or buildings in the care or under the control of such company in said city, unless by the consent of said railroad, shall be guilty of a misdemeanor. (Code 1960, S 23-1135) Sec. 23-27. Receiving stolen property-Prohibited. Every person who shall buy, or in any way receive any goods, money, rights in action, personal property or any valuable security or effects whatsoever, that shall have been stolen, embezzled or obtained from another in any manner contrary to law, knowing that such goods, money or personal property has been so obtained, stolen or embezzled, shall be guilty of a misdemeanor: Provided, that if any such person shall buy or receive any goods, money 01' personal property so stolen, embezzled or obtained from a minor under the age of eighteen (18) years, such fact shall be prima facie evi- dence of knowledge 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. (Code 1960, S 23-408) State law reference-For similar provisions, see K.S.A. 21-549. Sec. 22-28. Same-Conviction of principal not necessary. In any .complaint for any offense specified in the preceding section, it shall not be necessary to aver, nor on the trial to prove that the principal who embezzled, took, secreted or stole such property has been convicted. (Code 1960, S 23-409) State law reference-For similar provisions, see K.S.A. 2'1-550. Sec. 23-29. Shoplifting. Any person who shall willfully take possession of any goods, wares or merchandise under the value of fifty dollars ($50.00) and not the subject of grand larceny offered for 'Sale by any store or other mercantile establishment with the intention of 1007 ~ 23-29 SALINA CODE ~ 23-32 converting the same to his own use without paying the pur- chase price thereof, shall be guilty of the misdemeanor of shoplifting. (Code 1960, S 23-402) State law reference--For similar provisions, see K.S.A. 21-535a. Sec. 23-30. Taking city property. Any person who shall unlawfully take possession of any property, real or personal, belonging to the city or to the possession of which the city is entitled, or commit any willful trespass thereon or unlawfully withhold the possession thereof from the city, shall be guilty of a misdemp.anor. The unlawful withholding of the same after due demand shall constitute a new and 'separate offense and shall be punished in like manner as herein provided' for unlawfully taking possession thereof. (Code 1960, S 23-415) Sec. 23-31. Taking, using property of another temporarily. Any person who shall take, carry away and nse any horse or other domestic animal, or any automobile or other vehicle or conveyance or other personal property of any kind, with intent to deprive the owner of the temporary use thereof, against the owner's will but not with the intent of stealing or converting the same permanently to his own use, shall be guilty of a misdemeanor. (Code 1960, S 23-406) State law reference-For similar provisions, see K.S.A. 21-544. Sec. 23-32. 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 any- thing therein, or willfully, wantonly or carelessly injure any water pipes or wantonly or mischievously handle or meddle with the same or any part thereof within the city: Provided, that the provisions of this section with reference to opening and loosening any bolts or screws and parts of such hydrants or insertion of anything therein, shall not apply to the mem- bers of the fire department of the city, the officers or au- 1008 e e e ~ 23-32 OFFENSES-MISCELLANEOUS ~ 23-45 thoritifls of the city or to any person having lawful authority to open, repair, touch or control or use the same. (Code 1960, S 23-405) Cross reference-For water and sewers generally, see Ch. 35. Sees. 23-33-23-42. Reserved. Article III. Offenses Affecting Administration of Justice Sec. 23-43. Assaulting officer. Every person who shall knowingly and willfully assault, beat or wound any public officer, his deputy or lawful assist- ant, while in the discharge of an official duty shall be guilty of a misdemeanor. (Code 1960, S 23-502) State law reference-For similar provisions, see K.S.A. 21-719. Sec. 23-44. Compounding or concealing offense. Every person having knowledge of the actual commission of any offense under this Code or the ordinances of the city who shall take any money, property, gratuity or reward, or any promise, engagement or undertaking thereof, upon any agreement or understanding, express or implied, to compound or conceal such offense, or to abstain from any prosecution thereof, or to withhold any evidence thereof, shall be guilty of a misdemeanor. (Code 1960, S 23-501) State law reference-For compounding or concealing misdemeanor see K.S.A. 21-714. Sec. 23-45. Escapes and rescues-Rescuing prisoners prohib- ited. If any person shall, by force, set at liberty or rescue any person in custody or jail for any offense in violation of this Code or the ordinances of this city, whether before or after conviction, such person so offending shall be guilty of a mis- demeanor. (Code 1960, S 23-504) State law reference-For rescuing prisoners, see K.S.A. 21-720-21- 723. 1009 ~ 23-46 SALINA CODE ~ 23-50 Sec. 23-46. Same-Attempting to rescue. Every person who shall attempt, by force, to set at liberty or rescue any prisoner in custody for any offense in violation of this Code or any other ordinance whether before or after conviction shall be guilty of a misdemeanor. (Code 1960, ~ 23-505 ) State law reference--For attempting to rescue prisoners, see K.S.A. 21-724, 21-725. Sec. 23-47. Same-Conveying instruments into jail to aid es- cape. Every person who shall convey into any jail or place of confinement any disguised instrument, or anything proper or useful to facilitate the escape of any prisoner lawfully committed to or detained therein for violation of this Code or any ordinance, whether such escape be effected' or not, shall be guilty of a misdemeanor. (Code 1960, S 23-506) State law reference--For conveying instruments into jail to aid es- cape, see K.S.A. 21-726-21-727. Sec. 23-48. Same-Aiding escape from jail. Every person who shall by any means whatever aid or assist any prisoner lawfully committed to any jail or place of con- finement in this city, in any case relating to any offense in violation of this Code or an ordinance of the city, to escape therefrom, whether such escape be effected or not, shall be guilty of a misdemeanor. (Code 1960, 23-507) State law reference--For aiding escape from jail, see K.S.A. 21-728, 21-729. Sec. 23-49. Same-Escape from officer prohibited. If any person shall escape by the use of force or otherwise from any officer of the city or other person having legal charge of said person by virtue of any ordinance or judgment of the police court of the city, he shall bE:' guilty of a misde- meanor. (Code 1960, ~ 23-513) Sec. 23-50. Same-Aiding escape from officer. Every person who shall aid or assist any prisoner in es- caping or attempting to escape from the custody of any officer, 1010 e e e ~ 23-50 OFFENSES-MISCELLANEOUS ~ 23-54 his deputy or lawful assistant who shall have the lawful charge of such prisoner, shall be guilty of a misdemeanor. (Code 1960, S 2'3-508) State law reference-For similar provisions, see K.S.A. 21-730. Sec. 23-51. Same-Breaking jail or custody. If any person confined in the city jailor county jail for violation of this Code or an ordinance of this city, or held in custody going to such jail, shall break such jail or custody and escape therefrom, he shall be guilty of a misdemeanor, and any imprisonment shall commence at the expiration of the imprisonment (if any) for which the offender was in jail or custody. (Code 1960, S 23-509) State law reference--For ismilar provisions, see K.S.A. 21-735. Sec. 23-52. Same-Officer permitting conveyance of instru- ments, arms into jail. If any officer or other person having, by law, the custody or charge of the city jail, or other place of confinement, knowingly suffers or permits any disguised instrument, arms or other thing proper or useful to aid any prisoner in his escape to be conveyed into or remain in such jail or place, he shall be guilty of a misdemeanor. (Code 1960, S 23-510) State law reference--For similar provisions, see K.S.A. 21-739. Sec. 23-53. Same-Officer permitting or conniving at escape. If any officer of this city, his deputy or lawful assistant, having the lawful custody of any prisoner for any cause whatsoever, voluntarily suffers or permits or connives at the escape of such prisoner from his custody, or permits such prisoner to go at large, he shall be guilty of a misdemeanor. (Code 1960, S 25-511) State law reference--For similar provisions, see KS.A. 21-740. Sec. 23-54. False calls and reports to police. Sec. 23-54(1). Prohibited. Any person who shall give or cause to be given any false call or alarm for police assistance, or who shall send or cause to be sent to any police station or member of the police department any false call for assist- Supp. No. 12 1011 ~ 23-54 SALINA CODE ~ 23-58 ance or whoever knowingly makes, causes or helps to be made a false report of the commission of any crime to a member of the police department, shall be deemed guilty of a misde- meanor. (Code 1960, ~ 23-515; Ord. No. 6691, 2-19-63) Sec. 28-55. Impersonating an officer. Any person or persons who shall, without the authority, exercise or attempt to exercise the functions of or hold him- self or themselves out to any as a marshal, policeman or peace officer, shall be guilty of a misdemeanor. (Code 1960, ~ 23- 514) State law reference-For similar provisions, see K.S.A. 21-1617. Sec. 28.56. Officer refusing to execute process. If any officer of the city wilfully or corruptly fails or refuses to execute any lawful process which by law it is his duty to execute, requiring the apprehension or confinement of any person charged with an offense in violation of this Code or the ordinances of the city, whereby such person shall escape, he shall be guilty of a misdemeanor. (Code 1960, ~ 23-512) State law reference-For similar provisions, see K.S.A. 21-741. Sec. 28-57. Resisting officer. Every person who shall knowingly and wilfully resist, op- pose 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, shall be guilty of a misde- meanor. (Code 1960, ~ 23-503) Cross references-Resisting firemen, ~ 12-16; interfering with city cutting of weeds, ~ 15-43. Sec. 28-58. Corruptly influencing a witness. Corruptly influencing a witness is inducing or attempting to induce any witness by bribery, threat or other means to absent himself from the jurisdiction or to avoid the service of process, or deterring or attempting to deter a witness by such means from giving evidence in any trial or other proceedings, or to testify falsely therein. Supp. No. 12 1012 e ~ 23-58 OFFENSES-MISCELLANEOUS ~ 23-68 Any person who shall corruptly influence a witness shall be guilty of a misdemeanor. (Ord. No. 8135, ~ 1, 12-28-70) Amendment note-Ord. No. 8135, ~ I, added ~ 23-58 to this Code. Sees. 23-59-23-67. Reserved. Article IV. Offenses Against Morals and Decency Sec. 23-68. Adultry. Any person who shall engage in sexual intercourse with another who is not his spouse and such other person is mar- e e Supp. No. 12 1012.1 e e e ~ 23-68 ~ 23-70 OFFENSES-MISCELLANEOUS ried, or such person so engaging is not married and knows that the other person involved in such intercourse is married, shall be guilty of a misdemeanor. (Code 1960, S 23-601; Ord. No. 8114, S 1, 10-26-70) Amendment note-Prior to amendment by Ord. No. 8114, ~ I, ~ 23-68 also contained provisions pertaining to indecency, lewd cohabitation and scandalous conduct. State law reference-For similar provisions, see K.S.A. 21-908. Sec. 23-68.1. Unlawful cohabitation. Any persons living together as man and wife, or holding themselves out to the public to be man and wife, without being married shall be guilty of a misdemeanor. (Ord. No. 8115, ~ 1, 10-26-70) Amendment note-Ord. No. 8115, ~ 1, amended this Code by adding ~ 23-68.1. Sec. 23-68.2. Lewd and lascivious behavior. Any person who shall: (a) Commit an act of sexual intercourse or sodomy with any person or animal with knowledge or reasonable anticipation that the participants are being viewed by others; or (b) Exposes a sex organ in the presence of a person who is not the spouse of the offender or who has not con- sented thereto, with intent to arouse or gratify the sexual desires of the offender or another, shall be guilty of a misdemeanor. (Ord. No. 8116, S 1, 10-26-70) Amendment note-Ord. No. 8116, ~ 1, amended this Code by adding ~ 23-68.2. Sec. 23-69. Bawdy house-Keeping. Every person who shall set up or keep a bawdy house or brothel shall be guilty of a misdemeanor. (Code 1960, S 23- 602) State law reference-For similar provisions, see K.S.A. 21-933. Sec. 23-70. Same-Leasing, letting premises for. Every person who shall knowingly lease or let to another any house or other building for the purpose of being used or kept as a brothel, or bawdy house, shall be guilty of a misdemeanor. (Code 1960. ~ 23-603) State law reference-For similar provisions, see K.S.A. 21-934. Supp. No. 11 1013 ~ 23-71 SALINA CODE ~ 23-74 Sec. 23-71. Same-Who deemed keeper. Every person who shall appear or act as master or mistress, or having the care or management of any brothel or bawdy house, shall be deemed the keeper thereof. (Code 1960, SS 23-604, 23-617) State law reference-For similar provisions, see K.S.A. 21-935. Sec. 23-72. Committing, offering to commit lewd act, prosti- tution, perversion. Any person who shall commit or offer to commit a lewd act or an act of prostitution or moral perversion shall be guilty of a misdemeanor. (Code 1960, S 23-605) Sec. 23-73. Gambling-Prohibited. Every pErson who shall directly or indirectly bet any money or property or any representative thereof at or upon any [aming table, bank or gambling device, or upon the result of the movement of any wheel, or other device, or the throw- ing of dic3, or upon the result of any game of skill or chance, whether with dice or cards, or other thing, or hazard money or property upon chance to be determined by means of any kind of a device or bet upon any game played by any kind of a gambling device, shall be guilty of a misdemeanor. (Code 1960, S 23-618) State law reference-For similar provisions, see K.S.A. 21-923. Sec. 23-74. Same-Keeping devices, tables or places. Every person who shall set up or keep any table or gam- bling device commonly called ABC, faro bank, EO, roulette, equality, keno, wheel of fortune, or any kind of gambling table or gambling device adapted, devised and designed for the purpose of playing any game of chance for money or property or induce, entice, or permit any person to bet or play at or upon any such gaming table or gambling device, either on the side of or against the keeper thereof, or keep a place or room to be used as a place for playing any game of cards for money or property, or keep a common gaming Supp. No. 11 1014 e ~ 23-74 OFFENSES-MISCELLANEOUS ~ 23-76 house, or keep a house, room or place to which persons are accustomed to resort for the purpose of gambling, shall be guilty of a misdemeanor. (Code 1960, ~~ 23-615, 23-619) State law reference-For similar provisions, see K.S.A. 21-915. Sec. 23-75. Same-Permitting on premises. Every person who shall permit any gambling table, bank or device prohibited by section 23-74 to be set up or used for the purpose of gambling, in any such house, building, shed, booth, shelter, lot or other premises to him belonging, or by him occupied, or of which he has at the time possession or control, shall be guilty of a misdemeanor. (Code 1960, ~~ 23-616, 23-620) State law reference-For similar provisions, see K.S.A. 21-916. e Sec. 23-76. Same-Leasing premises for. Every person who shall knowingly lease or rent to another any house, building, shed, booth, lot or other place or premises, or any part thereof, for any of the unlawful purposes men- tioned in sections 23-74 and 23-75, shall be guilty of a misde- meanor. (Code 1960, ~ 23-621) State law reference-For similar provisions, see K.S.A. 21-917. e Supp. No. 11 1014.1 e e -- ~ 23-77 OFFENSES-MISCELLANEOUS ~ 23-78 See. 23-77. Same-Places declared nuisances; abatement. All places used for any of the unlawful purposes as men- tioned in section 23-74, are hereby declared to be common nuisances, and upon the judgment of the police court of this city finding such place to be a nuisance under this article, the chief of police shall be directed to abate and shut up such places by taking possession of all devices and all other prop- erty used in keeping and maintaining such nuisance and such personal property ::10 taken shall forthwith be publicly de- stroyed by such officer. (Code 1960, ~ 23-622) State law reference--Abatement of gambling places under state law, K.S.A. 21-918; suppression by cities, K.S.A. 21-922. Sec. 23-78. Same-Procedure for forfeiture of devices. Upon the filing of a complaint charging that a place is kept or maintained as a common nuisance as stated in the preceding section by any person or persons and that gaming tables, gambling devices, or such other property as is generally used and kept in maintaining a common gaming house, are kept or maintained therein, a warrant shall be issued com- manding the officer to whom it is directed to arrest the person or persons in such complaint charged and described, and seize and take into his custody such gaming tables and gambling devices and other property described in said com- plaint 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 premises to be searched with sufficient particularity to identify the same, and shall de- scribe the gaming tables or other gambling devices or other property alleged to be used in maintaining the same as par- ticularly as practicable; but any description, however gen- eral, 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 warrant, the court shall proceed against the person or persons arrested, and it shall be the duty of the police judge to fix a day for a hearing as to the personal property seized, and to cause a notice thereof to be served upon the owner of said gaming tables and gambling devices and other property so seized, or upon his agent or other person in possession or 1015 ~ 23-78 SALINA CODE ~ 23-82 control of the same, that the property has been so taken, and requiring him to appear on said day and answer the complaint made against such gaming tables, gambling de- vices and other property, and show cause, if any hel 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 1960, S 23-623) State law reference--For similar provisions, see K.S.A. 21-919. Sec. 23-79. Indecent exposure. Any person who shall appear in any public place in a state of nudity of indecently clad, or make any indecent public exposure of one's person, or behave in ~ny indecent or lewd manner, or commit any indecent or lewd act of any kind, shall be guilty of a misdemeanor. (Code 1960, S 23-611) Cross reference-Indecent conduct in municipal swimming pools, ~ 25-17. Sec. 23-80. Frequenting houses of ill fame; maintaining pros- titute. Any person who shall be a visitor to, for immoral or un- lawful purposes, any bawdy house, house of prostitution, house of ill fame or assignation house, shall be guilty of a misdemeanor. (Code 1960, S 23-610) Sec. 23-81. Lewd, indecent shows, exhibitions, advertisements therefor. Any person who shall exhibit, perform or take part in any immoral, indecent or lewd play or exhibition, show, per- formance or other representation, or advertise any picture show, show or performance or exhibition of any kind by putting or placing in any public place any lewd or indecent picture, print, model or other thing, shall be guilty of a misdemeanor. (Code 1960, S 23-612) Sec. 23-82. Lotteries. Every person in this city, who shall mn.ke, establish, pro- mote or aid or assist in making, establishing, promoting, or 1016 e e e S 23-82 OFFENSES-MISCELLANEOUS S 23-83 in any manner be concerned, either by writing or printing or otherwise, in making, establishing or promoting any lot- tery, gift enterprise, policy or scheme of rll'awing in the nature of a lottery, whether the same is being or is to be conducted, held or drawn within the city, shall be guilty of a misde- meanor. (Code 1960, S 23-1001) State law reference-For similar provisions, see K.S.A. 21-1501. Sec. 23-83. Obscene literature-Generally; test. Se.c. 23-83(1). Prohibited. Any person who shall import. print, publish, sell, design, prepare, loan, give away or dis- tribute any book, magazine, newspaper, writing pamphlet, ballad, printed paper, print, picture, drawing, photograph. publication or other thing, containing obscene, immoral, lewd or lascivious language, or obscene, immoral, lewd or lascivi- ous prints, pictures, figures or descriptions, manifestly tend- ing to the corruption of the morals of persons, or shall in- troduce into any family, school or place of education or shall buy, procure, receive or have in his possession, any such book pamphlet, magazine, newspaper, writing, ballad, printed paper, print, picture, drawing, photograph, publication or other thing, either for the purpose of sale, exhibition, loan or circulation, or with intent to introduce the same into any family, school or place of education, shall be guilty of a mis- demeanor. Sec. 23-83(2). Test. The test to be applied in cases under this section shall not be whether sexual desires or sexually improper thoughts would be aroused in those comprising a particular segment of the community, the young, the imma- ture or the highly prudish, or would le,we another segment, the scientific or highly educated or the so-called worldly wise and sophisticated, indifferent and unmoved. But such test shall be the effect of the book, picture or other subject to complaint considered as a whole, not upon any particular class, but upon all those whom it is likely to reach, that is, its impact upon the average person in the community. The book, picture or other subject of compliant must be judged as a whole in its entire context, not by considering detached 1017 ~ 23-83 SALINA CODE ~ 23-86 or separate portions only, and by the standards of common conscience of the community of the contemporary period of the violation charged. (Code 1960, ~ 23-801) Cross reference--Obscene letters or sig-ns prohibited, ~ 9-75. State law reference--For similar provision, see K.S.A. 21-1102. Sec. 23-84. Same-Publication, distribution. Any person who publishes or distributes for resale or for reading or other perusal any book, magazine or pamphlet, so composed as to constitute a compilation of pictures, illustra- tions, caricatures, cartoons, words, stories and advertisements, or any combination or combinations thereof, featuring and primarily devoted for the purpose of commercial exploitation, to the description or portrayal or suggestion of illicit sex, or sexual relations, of perversion, lust or 'lcxual passion, or to any combination or combinations thereof, shall be guilty of a misdemeanor. State law reference--For similar provisions, see K.S.A. 21-1102a. Sec. 23-85. Same-Requiring purchase. Any person who shall as a condition to a sale, allocation, consignment or delivery for resale of !'l.ny paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other article, book or other publication which is contrary to section 23-83, or shall deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept such articles, book or publi- cations, or by reason of the return thereof, shall be guilty of a misdemeanor. State law reference--For similar provisions, see K.S.A. 21-1102b. Sec. 23-86. Same-Indecent, immoral pictures, post cards. It shall be unlawful for any person, firm or corporation to manufacture, print, paint or letter any post card with an indecent or immoral picture of any words or sentence on such cards of a 'suggestive or immoral nature or character, or keep for sale or for the purpose of giving :lway such indecent, immoral or suggestive post cards or have the same in one's 1018 e e e ~ 23-86 OFFENSES-MISCELLANEOUS ~ 23-90 place of business for the purpose of selling same or giving them away. Any person violating this sertion shall be guilty of a misdemeanor. (Cod'e 1960, ~ 23-803) State law reference-For similar provisions, see K.S.A. 21-1105. Sec. 23-87. Obscene writings, pictures on structures. Every person who shall write or inscribe upon the wall or door of any public building, or upon any privy, fence, bridge or other structure, any obscene or vulgar picture, design or words, shall be guilty of a misdemeanor. (Code 1960, 9 23-625) Cross reference-Obscene matter on signs, * 9-75. Sec. 23-88. Peeping Toms. Every person who shall go upon the :oroperty owned or occupied by another for the purpose of looking into or peeping into any window, door, skylight or other opening in a house, shall be guilty of a misdemeanor. (Code 1960, 9 23-708) Sec. 23-89. Pimps and procurers. Any person who shall 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 af ill fame or assignation hause, or be in any way conneded ,vith the keep- ing, management or operation af any such house, 0'1' be an inmate or ladger in any such hause or Rolicit any person in this city for illicit sexual intercourse 0'1' other immoral pur- pases or any sexual perversian, shall be guilty af a misde- meanar. (Cad'e 1960, SS 23-613, 23-1106) Sec. 23-90. Prostitution. fornication, concubinage-Procuring, inducing female for. Any persan whO' shall knawingly perpuade, induce, entice or procure, 0'1' assist in persuading, inducing, enticing- or procuring any female person for the purpose of prostitution, fornication or concubinage to enter or remain in any house of prostitution, or any place where prostitution, fornication or concubinage is practiced, permitted or allowed, or by any means whatever, detain any female persen, for the purpose of prostitutian, fornicatian or concubinage in any such house 1019 .~ 23-90 SALINA CODE ~23-93 or place, or persuade, induct, entice or procure, or assist in persuading, inducing, enticing or procuring any female per- son 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, shall be guilty of a misdemeanor: Provided, that no conviction shall be had on the uncorroborated testimony of the woman. (Code 1960, ~ 23-606) State law reference--For similar provisions, see K.S.A. 21-937. Sec. 23-91. Same-Keeping places of. Any person who shall keep or maintain or assist in keeping or maintaining a house or other place of prostitution, forni- cation or concubinage, or where the same is practiced per- mitted or allowed, on premises owned or leased by such person or under his control shall be guilty of a misdemeanor. (Code 1960, ~ 23-607) State law reference--For similar provisions, see K.S.A. 21-938. Sec. 23-92. Same-Soliciting, inducing male to enter place. Any person who shall solicit, procure, entice or induce any male person to enter any house of prostitution or any place where prostitution, fornication or concubinage is practiced, permitted or allowed, shall be guilty of a misdemeanor. (Code 1960, ~ 23-608) State law reference--For similar provisions, see K.S.A. 21-942. Sec. 23-93. Punch boards, slot machines-Prohibited. Any person who shall set up or keep or have in his posses- sion in any public or private place in the city any punch board or slot machine or other gambling device, devised or designed for the purpose of playing any game of chance for money or property, including punch boards, slot machines or any other gambling device wherein money or goods are received with every punch board, but the amount to be paid depends upon the number punched, played or drawn, or where a capital prize or any additional prize may be received or where tokens are received, or any person who shall induce, entice or permit any person to bet or wager or pay money upon any such punch 1020 e S 23-93 OFFENSES-MISCELLANEOUS S 23-96 board, slot machine or other gambling device or devices as above described, shall be deemed guilty of a misdemeanor. (Code 1960, 9 23-1002) Sec. 23-94. Same-Condemnation, destruction upon convic- tion. Upon conviction of any person or persons under the pro- visions of the foregoing section, the police judge shall, as a part of his judgment, order the destruction of all such punch boards, slot machines or other gambling devices or material used by or in the possession of the defendant, and the chief of police of the city shall execute such judgment by publicly destroying or causing to be destroyed such punch boards, slot machines or other gambling device or equipment by burning or otherwise, which destruction shall take place after said' devices are no longer needed as eviden~e. (Code 1960, S 23-1003) e Sec. 23-95. Same-Seizure and confiscation. It shall be the duty of the police officers of the city to seize and take possession of any slot machines or other gam- bling devices as defined by section 23-93 wherever the same may be found in the city, and to arrest the owner thereof and any person in control or possession of such machine if he can be found, andlor if no person claims the same as owner or otherwise within ten (10) days after the same shall have been seized, the chief of police of said city is hereby authorized' and directed to destroy any such ma~hine without further notice to the owner thereof. (Code 1960, S 23-1004) Sec. 23-96. Street walking. e Any female person who shall parade on any street, avenue, alley or other public grounds for the purpose of inducing or encouraging men to follow her for the purpose of prostitution, or who, being a common prostitute, advertises her means of livelihood upon any street, avenue, alley or other public grounds, building or place, or any male person, being found 1021 ~ 23-96 SALINA CODE ~ 23-110 in the company of any female street walker or prostitute on any street, avenue, alley or other public grounds or building shall be guilty of a misdemeanor. (Code 1960, S 23-609) Sees. 23-97-23-106. Reserved. Article V. Offenses Against Peace and Order See. 23-107. Disorderly conduct. Every person who shall engage in any riot or affray or act in a rude, boisterous, riotous or disorderly manner or use profane or indecent language so that it is audible to others on any street, avenue, alley, public ground, place or building in this city, shall be guilty of a misdemeanor. (Code 1960, S 23-702) Cross references-Diso~derly conduct in cereal malt beverage estab- lishments, ~ 6-63; disorderly conduct at public dances, ~. 7-47; disorderly conduct in pool and billiard halls, S 7-74; disorderly conduct in food establishments licensed for ente.rtainment, ~ 7-95; disorderly conduct at fires, S 12-27; disorderly conduct in parks, S 25-17. Sec. 23-108. Disturbing, interfering with elections. Every person who shall act in a violent or turbulent manner at or near the public polls on election day or engage in, aid or encourage the doing or causing to be done of anything cal- culated to disturb the due and orderly proceedings of any election board or the counting of the votes at any public election held in this city shall be guilty of a misdemeanor. (Code 1960, S 23-706) Cross reference--For elections generaUy, see Ch. 11. Sec. 23-109. Disturbing the peace. Every person who shall willfully disturb the peace and quiet of any person, family or neighborhood, shall be guilty of a misdemeanor. (Code 1960, S 23-624) State law reference-For similar provisions, see K.S,A. 21-950. Sec. 23-110. Drunkenness. If any person shall be drunk on any highway, street, or in any public place or building, or if any person shall be drunk 1022 e ~ 23-110 OFFENSES-MISCELLANEOUS ~ 23-114 in his own house, or any private building or place, disturbing his family or others, he shall be deemed guilty of a misde- meanor. (Code 1960, S 23-1116) Cross reference-For alcoholic beverages generally, see Ch. 6. State law reference-For similar provisions, K.S.A. 41-802. Sec. 23-111. False fire alarms. Every person who shall knowingly and wilfully give a false alarm of fire shall be guilty of a misdemeanor. (Code 1960, S 23-705) e Sec. 23-112. Inciting riots. Every person who shall incite a riot or by sign, gesture, sound, words or otherwise provoke or attempt to provoke any person or persons, crowds or gatherings of persons to commit any disorderly or riotous act, or acts of breach of the peace, or cause the gathering of crowds of excited persons on the streets, avenues, alleys, public grounds, buildings or places in this city to the alarm of the inhabitants of this city, or threatening to the peace and good order of this city, shall be guilty of a misdemeanor. (Code 1960, S 23-703) Sec. 23-113. Unlawful assembly. If three (3) or more persons 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 un- lawful act against the peace, or being lawfully assembled, agree with each other to do any unlawful act aforesaid, and make any movement or preparation therefor, the person so offending shall be guilty of a misdemeanor. (Code 1960, S. 23-701) State law reference-For similar provisions, see K.S.A. 21-1001. Sec. 23-114. Unlawful for any person to loiter or trespass on grounds of any public or private school or insti- tution. e (a) Every person who shall loiter or trespass on or about the premises and grounds of any public or private school; of Supp. No. 11 1023 ~ 23-114 SALINA CODE ~ 23-126 the public library; or around any assembly of persons at school or public activities or athletic events whether or not such events are being conducted by public or private school authorities, shall be guilty of a misdemeanor. (b) Every person or student who is not regularly enrolled in a public or private school; or who has been suspended or dismissed from a public or private school; or who persists in staying or remaining on or about said premises or grounds without any lawful purpose shall be guilty of a misdemeanor. (Ord. No. 8105, 9 1, 9-21-70) Amendment note--Ord. No. 8105, ~ I, amended this Code by adding ~ 23-114. Sees. 23-115-23-123. Reserved. Article VI. Weapons Sec. 23-124. Carrying concealed. Any person not being an officer of the law, or a deputy to such officer, who shall be found within the limits of this city carrying on his person in a concealed manner any pistol, Bowie knife, dirk, slingshot, knucks or any other deadly weapon, shall be guilty of a misdemeanor. (Code 1960, 9 23-1131) State law reference-For similar provisions, see K.S.A. 21-2411. Sec. 23-125. Firearms; discharging. Every person who shall discharge any gun, revolver, pistol or other firearms within the city shall be guilty of a mis- demeanor: Provided, that the provisions of this section shall not apply to the discharging of firearms in any licensed shooting gallery or by a gunsmith in his trade, or by officers of the la.w in the discharge of their duties, or in the protection of persons or property. (Code 1960, 9 23-704) Sec. 23-126. Hostile demonstrations with dangerous weapons. Every person who shall make any demonstration in a hostile manner with any dangerous or deadly weapon against the person or property of another, shall be guilty of a mis- Supp. No. 11 1024 e ~ 23-126 OFFENSES-MISCELLANEOUS ~ 23-128 demeanor: Provided, that the provisions of this section shall not apply to officers of the law and their deputies in the per- formance of their duties. (Code 1960, S 23-707) Sec. 23-127. Knucks; manufacturing, dealing in, carrying, dis- playing. Any person who shall manufacture, sell, offer to sell, expose for sale, or carry upon his person or display any weapon generally called and known as "knucks" shall be guilty of a misdemeanor. (Code 1960, S 23-1132) State law reference-For similar provisions, see K.S.A. 21-2429. e Sec. 23-128. Nonpowder propelled guns-Definitions. As used in sections 23-129 through 23-132: Sec. 23-128(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 com- pressed air or gas, a spring or elastic, but does not mean a firearm or deadly weapon. Sec. 23-128(2). Youth shall mean any person under the age of eighteen (18) years. (Code 1960, S 23-1123) e Supp. No. 11 1024.1 e e e ~ 23-129 OFFENSES-MISCELLANEOUS ~ 23-132 Sec. 23-129. Same-Sale, transfer to youths. It shall be unlawful for any person to sell, give, lend, barter or otherwise transfer any non-powder propelled gun to a youth, except by the express consent of the parent, guardian or adult instructor of such youth. (Code 1960, S 23-1124) Sec. 23-130. Same-When possession by youth permitted. It shall be lawful for a person under the age of eighteen (18) years to have in his or her possession any non-powder propelled gun if said gun is: Sec. 23-130(1). Kept within his or her residence and is used solely in or on any private grounds or residence under such circumstances that such non-powder propelled gun can be fired, discharged or operated in such manner so as not to endanger persons or property and also in such manner as to prevent the projectile from travers- ing any grounds or space outside the limits of such grounds or residence, or Sec. 23-130(2). Used by the youth if he or she is a duly enrolled member of any club, team or society organized for educational purposes and maintaining 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. (Code 1960, S 23-1125) Sec. 23-131. Same-Carrying regulated. It shall be unlawful for any youth to carry any nonpowder propelled gun on the streets, alleys, public highways or public lands within the city, unless accompanied by an adult: Pro- vided however, that said youth may carry such gun, unloaded. in a suitable case or securely wrapped. (Code 1960, S 23-1126) Sec. 23-132. Same-Discharging prohibited. It shall be unlawful for any person to discharge any non- powder propelled gun from any automobile vehicle or from 1025 ~ 23-132 SALINA CODE ~ 23-146 upon or across any street, sidewalk, alley, public highway .or public place within the city, except on a properly canstructed target range. (Code 1960, ~ 23-1126) Sec. 23-133. Same-Violation. Any person violating any of the pr0visiona of sections 23-129 through 23-132 or who falsely represents himself or any other persan as being over eighteen (18) years of age in order to purchase or otherwise obtain a non-powder propelled gun, shall be guilty of a misdemeanor. (Cude 1960, ~ 23-1127) Sec. 23-134. BB guns-Discharging. Any person who shall discharge any air gun or gun com- monly called "BB", shooting bullets or shot, shall be guilty of a misdemeanor. (Code 1960, S 23-1121) Sec. 23-135. Same-Parent or guardian permitting carrying. Any parent or guardian knowingly permitting a minor under his care to carry upon the streets or alleys of the city an air gun or gun commonly called "BB" shall be deemed guilty.of a misdemeanor. (Code 1960, ~23-1122) Sees. 23-136-23-145. Reserved. Article VII. Miscellaneous Offenses Sec. 23-146. Abandoned iceboxes, other containers. Any person abandoning, 'Storing or discarding in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox .or other article having a compartment of a capacity of one and one-half (11;2) cubic feet or more and having a door or lid, .or any person who, being the owner, lessee, or manager of such place, knowingly permits such abandoned, stored or discarded article to remain in such condition, shall be deemed guilty of a misdemeanor. (Code 1960, ~ 23-1139) State law reference--For similar provisions, see K.S.A. 38-710. 1026 e ~ 23-147 OFFENSES-MISCELLANEOUS II 23-149 Sec. 23-147. Assault. Any person who shall intentionally threaten or attempt to do bodily harm to another coupled with the apparent ability and resulting in the immediate apprehension of bodily harm shall be guilty of a misdemeanor. (Code 1960, 9 23-301; Ord. No. 8117, 9 1, 10-26-70) Amendment note-Ord. No. 8117, ~ 1, amended ~ 23-147 by substituting threats and attempts for assault and battery. State law reference-For similar provisions, see K.S.A. 21-436. Sec. 23-147.1. Battery. Any person who shall unlawfully and intentionally touch or apply force to the person of another, in a rude, insolent or angry manner shall be guilty of a misdemeanor. (Ord. No. 8118, 9 1, 10-26-70) Amendment note-Ord. No. 8118, ~ 1, amended this Code by adding ~ 23-147.1. e Sec. 23-148. 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. Sec. 23-149. Curfew for minors-Established. . It shall be unlawful for any child under the age of sixteen (16) years, to wander, lounge, loaf, loiter or play in, upon or about any public street, sidewalk, alley, vacant lot, public square or public 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 cus- todian, pursuant to a written statement dated the day such errand or duty is being performed, and signed by such parent, guardian or legal custodian, directing such child to perform a bona fide errand or mission for such parent, guardian or legal custodian, or unless such child is proceeding pursuant to the scope of his lawful employment. (Code 1960, S 23-1111) Supp. No. 11 1027 fi 23-150 SALINA CODE fi 23-151 Sec. 23-150. Same-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 guardian or other person lawfully entitled to such child's care, custody and control, to wander, lounge, loaf, loiter or play in, upon or about any public street, sidewalk, alley, vacant lot, public square or public place within the city after the hour of 10 :30 p.m. and before the hour of 6:00 a.m. (Code 1960, S 23-1112) See. 23-151. Harassing, indecent telephone calls. Sec. 23-151 (1). Harassing. It shall be unlawful for any person or persons to telephone any other person repeatedly or cause any person to be telephoned repeatedly for the pur- pose of harassing, molesting, or disturbing the peace of such other person or his family, whether or not conversation en- sues, except for telephone calls made for legitimate business purposes. Sec. 23-151 (2). Indecent, threatening. It shall be unlawful for any person or persons to use any vulgar, indecent, obscene or immoral language over any telephone, or to solicit another to commit an immoral act, to threaten another with bodily harm or injury. Sec. 23-151 (3). Disclosure of identity. It shall be unlawful for any person to refuse to reveal their true identity during the making of any of the above described telephone calls, if so requested by the other party. Sec. 23-151 (1,.). Violations, penalty. Every person convicted of one of the offenses described in this section shall be pun- ished by not less than ten (10) days nor more than ninety (90) days imprisonment, or by a fine of not less than twenty- five dollars ($25.00) nor more than five hundred dollars ($500.00), or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by im- prisonment for not less than thirty (30) days nor more than Supp. No. 11 1028 e ~ 23-151 OFFENSES-MISCELLANEOUS ~ 23-152 six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or by both such fine and imprisonment, and each such violation shall constitute a separate offense. (Ord. No. 6695, 3-26-63) e Sec. 23-151.1. Impersonating officersi or employees of the city prohibited. Any person who shall exercise or assume to exercise any of the powers conferred upon any elected or appointed offi- cial, officer, employee or agent of the City of Salina, Kansas, or shall 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 person, or to possess the powers and authority thereof shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to the penalty provided in section 1-8 of the Salina Code. (Ord. No. 6980, ~ 1, 5-15-67) Editor's note-Ord. No. 6980, ~ 1, being nonamendatory of this Code, was codified as ~ 23-151.1 at the discretion of the editors. Cross reference-Impersonating a marshal, policeman or peace offi- cer, ~ 23-55. Sec. 23-152. Oil, grease; draining into sewers, rivers, etc. It shall be unlawful to place, run, pour or drain into any sewer or cause or permit the placing, running, pouring or draining into any sewer or into any street, alley or other place from which the same may run or drain into any sewer or into any river or creek, any fuel oil, lubricating oil, crank case oil or grease or any other kind of oil or grease whatsoever. e Supp. No. 11 1028.1 ~. 23-152 OFFENSES-MISCELLANEOUS ~ 23-155 Any person who shall violate any of the provisions of this section, shall upon conviction thereof, be guilty of a misde- meanor. (Code 1960, ~ 23-1130) Cross reference--Provisions concerning chemical and industrial waste in sewers, ~ 612 of the plumbing code, as amended in ~ 9-261 of this code of ordinances. Sec. 23.153. Peddlers, hawkers, itinerant merchants, transient vendors. Sec. 23-153(1). Invitation required to enter residential premises. The practice of going in and upon private premises in the city by solicitors, peddlers, hawkers, itinerant mer- chants and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise, and/ or for the purpose of disposing of and/or peddling or hawking the same, is hereby declared to be a nuisance and punishable as such nuisance as a misdemeanor. Sec. 23-153(2). Suppression by police. The chief of police and police force are hereby required and directed to suppress the same, and to abate any such nuisance as is described in this section. (Code 1960, ~~ 18-301, 18-302) Cross reference--Sales from vehicles on improved public streets, ~ 23-155.1. Sec. 23-154. Physicians to report wounds, injuries. 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 received in any accident involving a motor vehicle, shall notify the police department as soon as practicable after rendering such treatment; provided, that such report shall not be required if the police department already has knowledge of such wound or injuries. Sec. 23-155. Radio interference. Sec. 23-155(1). Prohibited. It shall be unlawful for any person knowingly or wantonly to operate or cause to be operated, any wire or wires for carrying electric energy, or any machine, device, apparatus or instrument of any kind Supp, No.1 1029 ~ 23-155 SALINA CODE ~ 23-155.1 whatsoever within the corporate limits of the city, the oper- ation of which causes reasonably preventable electrical inter- ference with radio or television reception within the city: Provided, that X-ray pictures, examinations or treatments may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with radio and television reception and are not negligently operated. Sec. 23-155(2). 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 reason- able 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, apparatus or instru- ment of any kind whatsoever, which is or may be kept or operated on any such premises 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 per- son 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. - Sec. 23-155(3). Exemptions. This section shall not be held or construed to embrace or cover the regulation of any trans- mitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce or the operation of which instrument, apparatus or device is licensed or au- thorized by or under the provisions of any act of the Congress of the United States. (Code 1960, 99 18-101, 18-103) Sec. 23-155.1. Sales from vehicles on improved public streets. Sec. 23-155.1 (1). Sales prohibited. It shall be unlawful for any person, firm, or corporation to solicit, peddle, hawk, vend, barter, sell or offer for sale any goods, wares, beverages, food products or other merchandise from any vehicle while said vehicle is located upon the improved portion of any street, avenue, boulevard or alley within the city; provided, however, that this shall not be construed to prevent the delivery of previously ordered merchandise. Supp. No.1 1030 e ~ 23-155.1 OFFENSES-MISCELLANEOUS ~ 23-156 Sec. 23-155.1 (2). Penalty for violation of section. Any per- son violating any of the provisions hereof shall upon convic- tion be adjudged guilty of a misdemeanor and be punished by a fine of not to exceed one hundred dollars ($100.00) or im- prisonment in the city jail for a period not exceeding thirty (30) days, or both such fine and imprisonment, and each day any of the provisions hereof are violated shall be deemed to constitute a separate offense. (Ord. No. 6930, SS 1,2, 8-15-66) Editor's note-Section 23-155.1 is derived from Ord. No. 6930, ~~ 1, 2, adopted Aug. 15, 1966. The editors included this ordinance, nonamendatory of this Code, because of the general and permanent nature of the subject matter. e Sec. 23-156. Spitting in public generally. Any person who shall spit, expectorate or deposit 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 building, or upon the floor of any car or public conveyance in the city, or upon any sidewalk abutting on any public street, alley or lane, shall be guilty of a misdemeanor. (Code 1960, S 23-1101) State law reference-Similar provisions, K.S.A. 21-2415. e Supp. No.1 1030.1 e - - ~ 23-157 OFFENSES-MISCELLANEOUS ~23-159 See. 23-157. Spitting tobacco products, other filth. Any person who shall expectorate the products of tobacco or any other filth on the floors, walls or carpets of any build- ing used for church, school or other public purposes or meet- ings, shall be guilty of a misdemeanor. (Code 1960, ~ 23-1102) State law reference-For similar provisions, see K.S.A. 21-2420. See. 23-158. Trading stamps. Sec. 23-158(1). Prohibited. It shall be unlawful for any person to use, issue or distribute, or for any person to furnish to any other person to use, issue or distribute in. with, or for the sale of food, goods, wares or merchandise, any stamps, coupons, tickets, certificates, cards, or other similar devices, which shall entitle the purchaser receiving the same with the sale of food, goods, wares, or merchandise to procure from any person anything of value upon the production of any coupons, tickets, certificates, cards, or other similar devices, number of such stamps, coupons, tickets, certificates, cards, or other similar devices. It shall be unlawful for any person to redeem any stamps, coupons, tickets, cards or other similar devices, the use, issuance, distribution or furnishing of which is made unlawful by the preceding provisions of this section. Sec. 23-158(2). Exemption. This section shall not apply to the use, issuance, distribution, furnishing or redemption of any coupons, tickets, certificate, card or similar device which is issued, distributed, furnished or redeemed by a manufac- turer or packer in connection with the sale of its manufac- tured or packed products, when such coupon, ticket, card' or other similar device is redeemable, without or with accom- panying cash not exceeding five dollars ($5.00) for any prod- ucts of said manufacturer or packer or fer one specified and particular product not manufactured or packed by said manu- facturer or packer. (Ord. No. 6761, ~~ 1, 2, 1-13-64) Sec. 23-159. Transporting nitroglycerin. Any person who shall transport or convey through or along the streets of the city any liquid nitroglycerin shall be guilty of a misdemeanor. (Code 1960, ~ 23-1119) Cross reference-For fire prevention generally, see ll. 12-76. State law refe'rence-For similar provisions, see K.S.A. 21-2450. 1031 ~ 23-160 SALINA CODE ~ 23-168 Sec. 23-160. Vagrancy-Defined generally. Any person engaged in any unlawful calling or who shall be found loitering or idling without visible means of support in any place in the city, or who shall be found idling or loiter- ing in said city without being engagen in any legitimate business, or who being without visible means of support shall refuse or fail to work when work at fair wages is to be procured in the community, or who shall threaten violence or personal injury to any employed workmen, or to employers of labor, shall be deemed a vagrant. (Code 1960, S 23-1103) State law reference-For similar provisions, see K.S.A. 21-2409. Sec. 23-161. Same-Loitering in narcotics establishments, possessing narcotics equipment. Any person who may be found loitering around an opium den or resort of any kind for drug habitues, or where mor- phine, opium, cocaine or any other drug may be used or sold, or who shall have in his possession, any morphine, opium, cocaine or other narcotics, or any needle, SpOOll or other in- strument to be used in taking narcotics, shall be deemed a vagrant. (Code 1960, S 23-1104) Sec. 23-162. Same-Loitering about property without permis- sion. It shall be vagrancy to loiter on or about any public prop- erty or private property normally open 'co the public after business hours without the permission of the owner or person in charge of such property. Sec. 23-163. Same-Associating with undesirable persons. Any person, male or female, who knowingly associates with persons having the reputation of being thieves, burglars, pickpockets, prostitutes, immoral women or gamblers, or who lodges in or frequents houses or other places having the repu- tation of being the resort of thieves, burglars. pickpockets, prostitutes or immoral women, or gambling houses or places for the reception of stolen property, shall be deemed a vagrant. (Code 1960, S 23-1105) 1032 e e e @ 23-164 OFFENSES-MISCELLANEOUS @ 23-170 Sec. 23-164. Same-Begging, soliciting, alms. Any person begging or selling inexpensive articles as a beggar, or playing a musical instrument and soliciting funds from the public therefor, shall be deemed a vagrant. (Code 1960, ~ 23-1108) Sec. 23-165. Same-Violations. Any person who is a vagrant as defined in sections 23-160 through 23-164, shall be guilty of a misdemeanor. (Code 1960, ~ 23-1109) Sec. 23-166. Keeping bees within city; permit required. 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 of Salina 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 appli- cation with the city clerk who shall refer the same to the health officer. The health officer shall investigate the pro- posed premises and file his written report and recommenda- tions with the board of commissioners. After receiving the report from the health officer, the board of commissioners may grant the applicant permission to keep bees upon his premises within the city limits upon such terms and condi- tions as it may specify. Any permit granted by the board of commissioners hereunder shall be subject to revocation in the event said applicant shall fail to comply with the terms and conditions of said special permit or if the keeping of said bees becomes a nuisance, health hazard or detrimental to the general welfare of the residents of the city. (Ord. No. 7070, ~ 1, 7-1-68) Amendment note-Ord. No. 70'10, ~ 1, amended this Code by adding ~ 23-166. Section 2 of said ordinance, providing the penalty set out in 9 1-8 of this Code, was not included. Sees. 23-167-23-170. Reserved. Supp. No. 14 1033 ~ 23-171 SALINA CODE ~ 23-172 Article VIII. Inoperable Vehicles * Sec. 23-171. Finding of governing body. The commission finds that junked, wrecked, dismantled, inoperative, discarded or abandoned vehicles, or parts thereof, in and upon all property within the city is a matter affecting the health, safety, and general welfare of the citizens of Salina, Kansas, for the following reasons: (a) Such vehicles serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents. (b) They are a danger to persons, particularly children because of broken glass, sharp metal protrusions, in- secure mounting on blocks, jacks or supports and be- cause they are a ready source of fire and explosion. (c) They encourage pilfering and theft, and constitute a blighting influence upon the area in which they are located thereby causing a loss in property value to sur- rounding property. (d) They constitute a fire hazard in that they block access for fire equipment to adjacent buildings and structures. (Ord. No. 8134, ~ 1, 12-28-70) Sec. 23-172. Definitions. Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned, or un- able to perform the functions or purposes for which it was originally constructed, or for which it may have been subse- quently modified. Vehicle means any automobile, truck, tractor, aircraft or motorcycle, which as originallY built contained an engine or designated to contain an engine, regardless of whether it contains an engine at any other time. (Ord. No. 8134, S 2, 12-28-70; Ord. No. 8231, ~~ 1, 2, 7-10-72) Editor's note-Sec. 23-172 is derived from and has been amended from time to time by the ordinances indicated in the history note following the section. Due to the nature of the subject matter involved, editorial analysis of ordinances adding, deleting or otherwise revising the content of said section is omitted. 'Editor's note-Article VIII, ~~ 23-171-23-179, is derived from Ord. No. 8134, ~~ 1-9, enacted Dec. 28, 1970. This ordinance did not amend this Code. Cross reference-Abandoned iceboxes, ~ 23-146. Supp. No. 14 1034 e e e ~ 23-173 OFFENSES-MISCELLANEOUS ~ 23-176 Sec. 23-173. Prohibitions. Except as provided in sections 23-174 and 23-175, it shall be unlawful for any person, partnership, corporation, or their agent either as owner, lessee, tenant or occupant of any lot or land within the city to park, store or deposit, or permit to be parked, stored, or deposited thereon, an inoperable vehicle unless it is enclosed in a garage or other building. (Ord. No. 8134, ~ 3, 12-28-70) Sec. 23-174. Temporarily disabled vehicles. The provisions of section 23-173 of this article shall not apply to any person, partnership or corporation of their agent with one vehicle inoperable for a period of thirty (30) con- secutive days or less. (Ord. No. 8134, ~ 4, 12-28-70) Sec. 23-175. Screening. The provisions of section 23-173 of this article shall not apply to any person, firm or corporation or their agent who is con- ducting a commercial enterprise in any commercial district except C-l, or any industrial district as provided in the zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public using the streets and sidewalks and to prohibit ready access to such vehicles by children; pro- vided, however, that nothing in this section authorizes the maintenance of a public nuisance. (Ord. No. 8134, ~ 5, 12-28-70; Ord. No. 8556, ~ 1, 3-28-77) Sec. 23-176. Presumptions that a vehicle is inoperable. Anyone of the following conditions shall raise the presump- tion that a vehicle is inoperable: (a) Absence of an effective registration plate upon such vehicle. (b) Placement of the vehicle, or parts thereof, upon jacks, blocks, chains or other supports. (c) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways. (Ord. No. 8134, ~ 6, 12-28-70) Supp. No. 22 1035 ~ 23-177 SALINA CODE ~ 23-179 Sec. 23-177. Administrative procedure. Whenever an informal complaint is made to the building inspection department, or at any time the building inspectiOn department becomes aware 01 the existence of a violatIon of thls artlcle, said department shall cause to be served upon the person in possesSlOn of the vehicle or the owner of the real property upon which such inoperable vehicle is located, a writ- ten notice. Such notice shall inform such person or persons of the violation and direct that they comply with the provi- sions of this article within ten (10) days following receipt of the notice or prosecution will be commenced for violation thereof. In the event such person or persons fails to comply with the provisions of this anicle within such time the building inspection department shall notify the city attorney who shall commence prosecution under this article. In the event the owner of such inoperable vehicle cannot be found, and the owner of the real property upon which such vehicle is located is a nonresident of Saline County the building inspection department shall have the authority to enter upon such property and cause the vehicle to be removed. All costs incurred shall be assessed against the property upon whiCh the vehicle was located. (Ord. No. 8134, S 7, 12-28-'(0) Sec. 23-178. Penalty. Any person, pannership or corporation violating the pro- visions of this article shall, upon conviction thereof, be fined in an amount not to exceed twenty-five dollars ($25) or im- prisoned not to exceed five (5) days or be both so fined and imprisoned. Each day during or on which a violation occurs or continues shall constitul.e a separate offense. (Ord. No. 8134, S 8, 12-28-70) Sec. 23-179. Authority. This article is adopted by authority of and under the pro- visions of Article 12, Section 5 of the Kansas Constitution. (Ord. No. 8134, S 9, 12-28-70) [The next page is 1059] Supp. No. 22 1036 e e e Chapter 24 OIL AND GAS Sec. 24-1. Permit to drill required. No person shall 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 chapter. (Code 1960, S 19-101) Sec. 24-2. Application for permit required; contents. Before any permit shall be granted for the commencement of a well for the production of oil or gas, an application there- for shall be filed with the city clerk. Such application shall show: Sec. 24-2(1). That the applicant has good and valid oil and gas leases from property owners covering at least a ten (10) acre tract. Sec. 24-2(2). Evidence of agreement in writing between the lessee or lessees, and the lessors, if more than one, providing for a pooling of all royalties arising from said production on said tract, to be distributed' to the property owners in accordance with the number of acres of each owner in the said tract. Sec. 24-2(3). Such application shall be accompanied by a plat or map of such tract showing the proposed location of said well, which location shall in no instance be closer than three hundred (300) feet of any boundary line of said tract unless by the unanimous vote of the commissioners but not upon any street or alley. Such map shall show the location of each residence upon said tract and all improvements. Sec. 24-2 (4). A drilling agreement providing adequate pro- tection to the parties in interest, by encloi'ing the d'rill- ing rig on all sides, equipping the same with adequate fire extinguishers, which are to be kept in good order; including a reasonable and adequate plan for the 1059 ~ 24-2 SALINA CODE ~ 24-4 handling of the slush, basin sediment and salt water that may be produced in the drilling of said well; and facilities for handling production to the end that it may not be necessary to store oil on said area in excess of five hundred (500) barrels per well. Such agree- ment or agreements shall make further provisions that in the event the well is a dry hole, or nonproductive of either oil or gas, all materials, equipment, tools and machinery of every kind and character shall be removed therefrom within sixty (60) days and the premises fully restored to their original condition as nearly as practical. (Code 1960, S 19-102) Sec. 24-3. 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 of Kansas, 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 conditioned upon saving and holding the city free and harm- less from any damage resulting to said city as a result of drilling, pumping, repairing or other operations by the per- mittee, the laying uf pipe lines, the setting of tanks or as result of moving of 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 with- in ten (10) days following expiration of each year and file a receipt therefor in the office of the city clerk. (Code 1960, S 19-103) Cross reference--Bonds of contractors, license fees, etc., ~ 2-7 et seq. Sec. 24-4. Liability insurance. Each permittee hereunder shall carry and maintain public liability insurance on each well or group of wells indemnify- ing payment of not less than fifty thousand dollars 1060 e e e S 24-4 OIL AND GAS S 24-8 ($50,000.00) property damage for anyone accident and shall deposit proof of payment of renewal premiums thereon with the city clerk. (Code 1960, S 19-103) Sec. 24-5. Filing of application; fee required. The application for a drilling permit shall be filed with the city clerk and a fee therefor of fifty dollars ($50.00) shall be required. (Code 1960, S 19-104) Cross reference---Fee for permits when not obtained in time, S 1-11. Sec. 24-6. Issuance of permit. 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 commissioners shall deem such applica- tion adequate and the drilling of said well not injurious to public or private property, the same shall be gmnted. (Code 1960, S 19-104) Sec. 24-7. Denial of permit. The board of commissioners shall have the power and re- serves the authority to refuse any application for a permit where by reason of the proposed application for the proposed well, and character and value of the permanent improvements already erected on the tract applied for, or adjacent thereto, and the uses to which the land and surroundings are adapted for civic purposes or for sanitary reasons, the drilling of a gas or oil well will be a serious 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 re- turned to the applicant. Except as hereinbefore provided if any application 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. (Code 1960, S 19-105) Sec. 24-8. Refund of fee if permit denied. If a permit is denied, the filing fee of fifty dollars ($50.00) shall be refunded to the applicant. (Code 1960, S 19-104) 1061 ~ 24-9 SALINA CODE ~ 24-13 Sec. 24-9. Permit to specify location; drilling elsewhere pro- hibited. 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 elsewhere in the tract. (Code 1960, ~ 19- 105) Sec. 24-10. 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 1960, ~ 19-108) Sec. 24-11. Termination of permits. When a drilling permit shall have bepn issued, the same shall terminate and become inoperative without any action on the part of the board of commissionerH, unless within sixty (60) days from the date of issue of such permit actual drill- ing of the well shall have been commenced, and after the drilling of a well shall have commenced, the cessation for a like period of the drilling operations shall caned 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 issuance of another permit. (Code 1960, ~ 19-108) Sec. 24-12. Duration of permit. No permit which shall be issued under this chapter, or any rights, privileges or franchise granted hereby or hereunder, shall exist longer than for a period of ten (10) years from the date of the issuance of the permit or as long thereafter as oil and/or gas is produced from the tract. (Code 1960, ~ 19-110) Sec. 24-13. Revocation of permit. Upon default by a permittee in complying with any provi- sions of this chapter, the board of commissioners may revoke 1062 e e e ~ 24-13 OIL AND GAS ~ 24-16 any permit hereunder, after five (5) days' notice to the per- mittee by registered mail. Thereupon the permittee shall cease and desist from all operations under and pursuant to any such permit. (Code 1960, ~ 19-103) Sec. 24-14. Rights of landowners. Neither this chapter nor any permit issued hereunder shall be interpreted to grant any right or license to the permittee to enter upon or occupy in any respect, in the drilling or pro- duction operations, 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 1960, ~ 19-109) Sec. 24-15. 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. In the event oil or gas is produced from such well, then it shall be th(' duty of the holder of the permit upon the completion of the drilling of the well to remove all machinery, equipment and material 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 production from such well to restore the premises to their original condition as nearly as practical. All of which, either in the event of a dry hole or a proilucing well, shall be done within sixty (60) days after completion of the drilling of the well. (Code 1960, ~ 19-107) Sec. 24-16. Conveyance of oil out of city required; temporary storage; fencing of excavations and slush ponds. In operating under any permit issued under this chapter, all oil, gas and water produced or arising from the opera- tions, shall be piped or otherwise conveyed or removed from 1063 ~ 24-16 SALINA CODE ~ 24-17 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 excavations and slush ponds shall be completely enclosed with six (6) foot woven wire fencing. The laying of any pipe lines by any per- mittee shall be done under the supervision of the city engineer. (Code 1960, S 19-106) Sec. 24-17. Fencing of storage facilities. All crude petroleum tank batteries, including but not limited to, receiving tanks, storage tanks, catwalks and diked areas and all pump jacks and motors shall be securely and per- manently 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 equiva- lent material and shall be securely locked at all times and adaptable to opening only by key. Production of crude petroleum from subsurface within the city, except after strict compliance, as a condition precedent, with the requisites of this section, is hereby prohibited. (Code 1960, SS 19-201, 19-202) [The next page is 1089) 1064 e Chapter 25 PARKS AND SWIMMING POOLS* Art. I. In General, ~I} 25-1-25-14 Art. II. Municipal Swimming Pools,\}\} 25-15-25-28 Art. III. Private Swimming Pools,\}\} 25-29-25-49 Art. IV. Salina Park Advisory Board,\}\} 25-50-25.54 ARTICLE I. IN GENERAL Sec. 25-1. Damaging plants in parks. It shall be unlawful for any person wilfully and without authority to cut, pull, pluck or otherwise injure any flowers, flowering plants, shrubs or trees growing in any public park within the city. (Code 1960, ~ 20-201) e Sec. 25-2. Animals prohibited in parks. It shall be unlawful for any person wilfully to bring into any public park within the city any dog, either loose or on a leash, or any other animal which while in any public park may injure in any manner whatsoever, flowers, flowering plants, shrubs or trees growing in a public park. (Code 1960, ~ 20-201) Sec. 25-3. Damaging fixtures, other property in parks. It shall be unlawful for any person wilfully and without authority to tear down, remove, cut or otherwise injure or destroy any stand, bench, seat or other property situated upon a public park. (Code 1960, ~ 20-201) Sec. 25-4. Depositing refuse, offensive matter in parks. It shall be unlawful for any person to leave or deposit any filth, slops, offal, garbage, sewage, refuse, vegetable or ani- mal matter or any other thing whatever that is detrimental e .Cross references-For creation and composition of park department, see ~ 2-94(2) (c); for duties of superintendent of parks generally, see ~ 2-118. Supp. No. 25 1089 ~ 25-4 SALINA CODE ~ 25-9 to the public health, or any sweepings, rags, excrement, com- post, wastepaper, paper, plastic, wood or other containers, excelsior, straw, hay, shavings, barrels, boxes, wooden crates, lumber, ashes, vegetables or litter of any kind unless the same is placed in receptacles provided for that purpose. (Code 1960, ~ 20-202) Cross reference-c-For refuse regulations generally, see Ch. 31. Sec. 25-5. Rules and regulations--Adoption and promulgation. The board of commissioners shall adopt and amend such rules and regulations as may be necessary for the orderly operation of all public parks operated by the City of Salina, Kansas, which rules and regulations and amendments thereof shall be filedip the offices of the city clerk, park superin- tendent and park caretaker. (Ord. No. 6971, ~ 1, 4-10-67) Cross reference-Rules and regulations governing use of parks, swim- ming pools and dressing rooms, ~ 25c18. Sec. 25-6. Same-Violations. . . Any person violating any of the rules and regulations adopted in accordance with section 25-5 shall be guilty of a misdemeanor. (Ord. No. 6971, S 1, 4-10-67) Sec. 25-7. Sunset Park-Hours closed to the general public. Sunset Park within the City of Salina, Kansas, 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 sec- tions 25-8 and 25-9. (Ord. No. 8724, ~ 1, 8-6-79) Sec. 25-8. Same-Exceptions. No persons, other than law enforcement officers and city employees engaged in city business, shall either enter or re- main within Sunset Park in the City of Salina, Kansas, when said park is to be closed to the general public. (Ord. No. 8724, ~ 1,8-6-79) Sec. 25-9. Same-Written approval required. Upon written application and approval of any person or or- ganizations, the city manager is authorized to waive the pro- Supp. No. 25 1090 e e e ~ 25-9 PARKS AND SWIMMING POOLS ~ 25-18 visions of sections 25-7 and 25-8 if, in his discretion, he de- termines the requested purpose would not be detrimental to the parks or adjacent property owners. (Ord. No. 8724, S 1, 8-6-79 ) Sees. 25-10-25-14. Reserved. ARTICLE II. MUNICIPAL SWIMMING POOLS Sec. 25-15. Persons prohibited. It shall be unlawful for any persons having any skin disease, open sores, or cuts, or any communicable disease, to enter any municipal swimming pool. (Code 1960, S 20-101) Sec. 25-16. Officers to enforce section 25-15. It shall be the duty of the manager of any municipal swim- ming pool or of any lifeguard or other employee thereof, or any police officer, to prohibit the admission of any person described in section 25-15 or whose appearance indicates the existence of any disease mentioned in said section, from enter- ing the swimming pool and to remove from the swimming pool any such person who may have entered the same without the knowledge or over the objection of said manager, employee or officer. (Code 1960, S 20-102) Sec. 25-17. Disorderly and indecent conduct. Any person who shall conduct himself or herself in a dis- orderly or indecent manner in or about any municipal swim- ming pool shall be deemed guilty of a misdemeanor and shall be removed from said pool, or from the park, on order of the manager of said pool, and may, in the discretion of such man- ager, be thereafter refused admission to said pool. (Code 1960, S 20-103) Cross references-Disorderly conduct generally, ~ 23-107; indecent exposure generally, ~ 23-79. Sec. 25-18. Rules and regulations. The park superintendent shall prepare a set of rules and regulations governing the use of the parks, swimming pools Supp. No. 25 1090.1 e e e S 25-18 PARKS AND SWIMMING POOLS S 25-31 and the dressing rooms, and the conduct of persons therein, and shall change or amend such rules or regulations from time to time as the need therefor may arise, ~ny such amendment or changes shall be submitted to the board of commissioners for their approval. After such approval, such rules shall be printed and posted in conspicuous places in the dressing rooms, toilets and other places in and about said parks and pools, and after such posting, any violation of such rules shall be considered a violation of the provisions of this Code, and any person violating the same shall be refused admission to or removed from the pool, as the case may require. (Code 1960, S 20-104) Secs. 25-19-25-28. Reserved. Article III. Private Swimming Pools Sec. 25-29. Definitions. For the purpose of this article, certain terms are herewith defined as follows: Sec. 25-29(1). p.rivate shall mean that it is not open to the public, that it is not publicly owned or not ..ltherwise regulated by the State of Kansas, either by statute or by rules and regulations of one of its administrative bodies. Sec. 25-29(2). Swimming pool shall mean any artifically constructed permanent or portable pool capable of being used for swimming or bathing, having a depth of two (2) feet or more at any point. Sec. 25-30. Permit required. It shall be unlawful to construct or esbhlish a private swim- ming pool without having obtained a permit therefor in the manner hereinafter specified. Sec. 25-31. Application for permit; plans required; approval. Application for construction and maintenance of a private swimming pool shall be made to the building inspector by the 1091 ~ 25-31 SALINA CODE ~ 25-35 awner af the praperty ar by the cantractar whO' is to' canstruct the swimming paal. The applicatian shall be accampanied by duplicate sets af plans, specificatians and plat plans af the praperty. The plat plan shall shaw the accurate lacatian af the praposed swimming paal an the praperty, tagether with any prapased bath hauses ar cabanas. The plat plan shall alsO' shaw the lacatian, height and type af alJ existing fences ar walls an the baundary line to' the praperty, tagether with the type and height af such fencing ar enclogure as may be re- quired by sectian 25-45, to' prevent, within reasan, any persan fram gaining access beneath ar thraugh the fence when the paal is unguarded ar unattended. NO' permit far a private swimming paal sha!l be issued by the building inspectar until the plans, specificatians and plat plans bave been appraved by the health afficer and city engineer af the city and such appraval has been praperly certified an the plans. Sec. 25-32. Materials to be waterproof easily cleaned. All materials used in the canstructian af a private 'Swim- ming paal shall be waterpraaf and easily cleaned. Sec. 25-33. Constructian and design generally. Canstructian and design af private swimming paals shall be such that they may be maintained and aperated as clean and sanitary paals at all times. Sec. 25-34. Recirculation, filteration systems required. All private swimming paals shall be equipped with recircu- latian and filteratian systems af such type and size as is deemed adequate by the health afficer. Sec. 25-35. Maintenance generally. The awner af every private swimming paal shall be re- spansible for maintaining said pool in good, sanitary condition and shall prevent breaks in the pool ar water fram the paal O'verflO'wing antO' adjacent public O'r private prO'perty. 1092 e e e ~ 25-36 PARKS AND SWIMMING POOLS ~ 25-42 Sec. 25-36. Source of water supply. No source of water other than that secured from the city water distribution system shall be used in private residential swimming pools. Sec. 25-37. Backflow protection required. All water inlet pipes shall be equipped with backflow pro- tection. Sec. 25-38. Discharge system. All private swimming pools hereafter constructed within the city shall be provided with one drainage outlet extend- ing from the pool to either a storm sewer or other drainage area, which shall be approved by the building inspector. Sec. 25-39. Compliance with plumbing code. All pipings, drains and water purification equipment shall be installed in accordance with the provisions of the plumbing code of the city. Cross reference-For plumbing code, see ~ 9-199 et seq. Sec. 25-40. Lighting. No artificial lighting shall be maintained or operated in connection with a private swimming pool in such a manner as to be a nuisance or annoyance to the neighborhood property. Sec. 25-41. Compliance with electrical code. All electrical installations provided or installed in conjunc- tion with private swimming pools shall be installed in con- formance with the electrical code of the city, and the National Electrical Code. Cross reference-For electrical code, see ~ 9-108 et seq. Sec. 25-42. Location of current carrying conductors. cross pri- or under- No current carrying electrical conductors shall vate residential swimming pools either overhead ground or within fifteen (15) feet of such pool. Supp. No. 23 1093 ~ 25-43 SALINA CODE ~ 25-47 Sec. 25-43. Grounding of metal fences, railings. All metal fences, enclosures or railings near or adjacent to private residential swimming pools which might become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded. Sec. 25-44. Location of pools. Outside or open air private swimming pools shall be located not less than ten (10) feet from the side or rear property line and not less than fifteen (15) feet from the property line on the street side of the corner lots. No pool shall be located closer than twenty (20) feet to the principal building on an adjoining lot nor closer than sixty (60) feet to the front prop- erty line. Sec. 25-45. Enclosure of pools. Every private swimming pool shall be completely sur- rounded by fence or wall not less than six (6) feet in height which shall be of a type not readily climbed by children. The gates shall be of a self-closing and latching type with the latch on the inside of the gate, not readily accessible for chil- dren to open, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Sec. 25-46. Safety equipment required. Each pool shall furnish sufficient safety equipment as may be required by the state board of health or the city manager. Sec. 25-47. Existing pools. When it is deemed necessary by the building inspector or the health officer, the owner of any pool which existed prior to the effective date of this Code of Ordinances shall make such alterations or changes as are necessary to remove any nuisance or hazard which might cause injury or harm to the public or to the person or persons that use it. The owner shall be allowed twenty (20) days to effect such changes after date of notification. Supp. No. 23 1094 e ~ 25-48 PARKS AND SWIMMING POOLS ~ 25-53 Sees. 25-48, 25-49. Reserved. ARTICLE IV. SALINA PARK ADVISORY BOARD Sec. 25-50. Advisory board established. There is hereby created a park advisory board to act in an advisory capacity to the board of commissioners of the City of Salina, Kansas, in regards to the city's parks, play- grounds and related facilities. (Ord. No. 8626, ~ 1,3-13-78) e Sec. 25-51. Membership; appointment, term. The park advisory board shall consist of nine (9) members, each of whom shall be a resident of the city and appointed by the mayor, with the approval of the board of commission- ers. The initial appointments to the board shall be for terms of one, two (2) and three (3) years and thereafter all ap- pointments shall be for a term of three (3) years and until a succes'sor is appointed and qualified; provided however, that no person shall be appointed for more than two (2) consecutive full terms. (Ord. No. 86 Sec. 25-52. Organization. The board shall annually organize and elect from its mem- bers a chairman and such other officers as it deems necessary or required. (Ord. No. 8626, ~ 1,3-13-78) Sec. 25-53. Duties and powers. [It shall be the duty of the park advisory board and such board shall have the power:] (a) To hold regular public meetings and keep a written record of its proceedings which shall be public records. (b) To annually review the parks, playgrounds and recre- ational facilities of the City of Salina, Kansas. (c) To utilize the services of the superintendent of the Sa- lina Recreation Commission, the director of services, and e Supp. No. 23 1095 ~ 25-53 SALINA CODE ~ 25-54 the superintendent of the Salina Park Department in connection with their studies of the park and recrea- tional facilities for the City of Salina, Kansas. (d) To recommend to the board of commissioners future park land need and the location thereof. (e) To recommend to the board of commissioners capital improvements to the park system. (f) In general to act as an advisory group to the board of commissioners in regards to the needs of the City of Salina, Kansas, for parks, playgrounds and related facilities. (Ord. No. 8626, ~ 1,3-13-78) Sec. 25-54. Annual report. An annual report shall be made to the governing body of the city as to the activities of the board during the past year with recommendations it might have concerning the park system of the City of Salina, Kansas. (Ord. No. 8626, ~ 1, 3-13-78) --~ Supp. No. 23 [The next page is 1119] 1096 - Chapter 26 PAWNBROKERS AND SECONDHAND DEALERS* Sec. 26-1. Record and report to police required. Every pawnbroker and every buyer of secondhand or old gold or silver or diamonds or other secondhand jewelry, shall keep at his place of business a register in which he shall enter in writing a minute description of all property taken, pur- chased or received by him in the conduct of his said business, including any number that may be in or upon any article, together with the time of the purchase and the name and place of residence, giving street and number, if within the city, of the person selling or leaving said property; also the amount paid for such property or loaned thereon. He shall make such entries within one hour after the purchase of said property, and such entries shall be made in ink and 'Shall not in any manner be erased, obliterated or defaced. It shall be the further duty of every such dealer or buyer to make out and deliver to the police department of the city, every day before the hour of 12 :00 midnight a legible and correct copy from said register, of all property received or purchased during the preceding twenty-four (24) hours, and a good de- scription of the person or persons from whom the same were purchased. (Code 1960, ~ 16-801) Sec. 26-2. Availability of records for inspection. The register required by section 26-1 shall at all times be kept open to the inspection of the commiRsioners, city manager and the police department. (Code 1960, ~ 16-802) Sec. 26-3. Availability of merchandise for inspection. The dealer or buyer shall, upon request, exhibit to any commissioner, the city manager or member of the police de- partment for inspection any article or articles purchased or received by him. (Code 1960, ~ 16-802) - *Cross reference--For license fee for pawnbrokers, see ~. 20-57. 1119 ~ 26-4 SALINA CODE ~ 26-7 Sec. 26-4. Purchases from children. No such dealer or buyer shall purchase or receive any ar- ticle or property from any person under the age of eighteen (18) years. (Code 1960, ~ 16-803) Sec. 26-5. Purchasing stolen property. No such buyer or dealer 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 person so offering it for sale. (Code 1960, ~ 16-803) Sec. 26-6. Merchandise to be displayed for three days before sale. Every such buyer or dealer shall keep in plain view of the public in some conspicuous place, for a period of at least three (3) days from the date and time of pnrchase or receiving same, all articles so purchased or received. (Code 1960, ~ 16- 804) Sec. 26-7. Forfeiture of license. In addition to the criminal penalty provided for violation of this Code, any such dealer or pawnbroker, licensed under the terms of this chapter or any ordinance of the city, who violates, fails, neglects or refuses to comr>ly with the terms of this chapter shall forfeit such license upon a hearing before the board of commissioners after five (5) days' notice duly given of the time and place of such hearing. (Code 1960, ~ 16-806) [The next page is 1145] 1120 e Chapter 27 PLANNING* Art. I. Art. II. Art. III. Art. IV. Art. V. In General, M 27-1-27-22 Comprehensive Plan, M 27-23-27-45 Plants and Subdivisions, ~~ 27-46-27-77 Div. 1. Generally, ~~ 27-46-27-59 Div. 2. Plats, ~~ 27-60-27-77 Setback Lines, ~~ 27-78-27-90 North Central Regional Planning Commission, ~~ 27-91- 27 -97 ARTICLE I. IN GENERALt Sec. 27-1. Commission created. There is hereby created a commission to be known as the city planning commission of the City of Salina. (Ord. No. 8348, ~ 1,4-29-74) e Sec. 27-2. Commission membership. The city planning commission shall consist of nine (9) electors of which number two (2) members shall reside out- side of, but within three (3) miles of the corporate limits of the City of Salina, and all of the remaining members shall be residents of the City of Salina, who shall be appointed by the mayor, by and with the consent of the board of commis- sioners. The members of the commission first appointed shall serve respectively for terms of one year, two (2) years and three (3) years; thereafter members shall be appointed for terms of three (3) years each. Vacancies shall be filled by appointment for the unexpired term only. Members of the commission shall serve without compensation for their serv- ices. (Ord. No. 8348, ~ 1,4-29-74) .Cross references-For zoning ordinance, see Appendix A of this volume; for subdivision regulations, see Appendix B of this volume. tEditor's note-Ord. No. 8348, ~~ 1, and 2, adopted April 29,1974, repealed former Art. I, ~~ 27-1-27-15, relative to the metropolitan planning commission, and enacted in lieu thereof a new Art. I, ~~ 27-1-27-3, as herein set out. Former Art. I was derived from Ord. No. 8241, ~ 1, adopted Aug. 21, 1972. Supp. No. 25 e 1145 ~ 27-3 SALIN A CODE ~ 27-22 Sec. 27-3. Powers and duties of the commission. The city planning commission shall have those powers and duties as specified in Article 7 of Chapter 12 of the Kansas Statutes Annotated and amendments thereto. (Ord. No. 8348, ~ 1,4-29-74) Sec. 27-4. Application fees. Every application for a zoning certificate, occupancy cer- tificate and variance, conditional use permit, filing of a notice of appeal, map amendment (rezoning), zoning text amend- ment, preliminary or final plat approval, annexation, street name change or any other request or application to the plan- ning commission shall be accompanied by the following fees: Type of Application Fee Map amendment (rezoning) _______________m_nnm_m__________$100.00 Text amendment _nm_mm___.____________nm_________________n_n__ 20.00 Conditional use permit (exception) m____mm_m____nnm 30.00 Appeal nn_n_n__________nn ___n_n _n_________n_ _n_____n_____n_______nn__ 20.00 Varian ce ______ _nnn_______ _______n__n _ _ _________________n_________________n_ 50.00 Occupancy certificate ___n_n_nm______________m___________________ 5.00 Zoning certificate (sign permit) __________________mn________ 6.50 Planned development district : Preliminary development plan m__m__C_________________ 60.00 Final development plan (each geographic area requested) m________m___________nm_nnn__n_________mn 20.00 Subdivisions: Preliminary plat (rounded to nearest whole dol- lar n_____ ___n____ ____ __n ______nnnn___________nnn__n______n_n 75.00 + $5.00jacre not to exceed $300.00 Final plat _mm_______nn____m_______nm_n______mmnm______ 75.00 Street name changes _______m_________n__m___nm___mm_________ 20.00 Ann exa ti 0 ns ____m_ ________ ___ __ ____________ _nm______n_____m_____hm____ 20.00 All other requests to planning commission _m_m________ 20.00 (Ord. No. 8527, ~ 1, 12-20-76; Ord. No. 8735, ~ 1, 8-13-79) Sees. 27-5-27-22. Reserved. Supp. No. 25 1146 e ~ 27-23 PLANNING fi 27-25 ARTICLE II. COMPREHENSIVE PLAN Sec. 27-23. Commission authorized to make. The planning commission is hereby authorized to make or cause to be made a comprehensive plan for the development of such city and any unincorporated territory lying outside of the city but within the county in which such city is located, which in the opinion of the commission forms the total com- munity of which the city is a part. (Code 1960, ~ 21-104) State law reference-For similar provisions, see K.S.A. 12-704. e Sec. 27-24. Surveys, studies required. In the preparation of the comprehensive plan, the planning commission shall make or cause to be made comprehensive surveys and studies of past and present conditions and trends relating to land use, population and building intensity, public facilities, transportation and transportation facilities, eco- nomic conditions, natural resources, and may include any other element deemed necessary to the comprehensive plan. (Code 1960, ~ 21-104) State law reference-For similar provisions, see K.S.A. 12-704. Sec. 27-25. Scope and contents. The proposed comprehensive plan, which may in addition to a written presentation, include maps, plats, charts and other descriptive matter, shall show the commission's recom- mendations for the development or redevelopment of said territory including: Sec. 27-25(1). The general location, extent and relationship of the use of land for agriculture, residence, business, industry, recreation, education, public buildings and other community facilities, major utility facilities both public and private and any other use deemed neces- sary; Sec. 27-25(2). Population and building intensity standards and restrictions and the application of the same; Supp. No. 25 e 1147 ";:~27~25 SALINk'cODE '~ 27.26 Sec. 27-25(3). Public facilities including transportation fa- cilities of all types whether publicly or privately owned which relate to the transportation of persons or goods; Sec. 27-25(4). Public improvement programming based upon a determination of relative urgency; Sec. 27-25(5). The major sources and expenditure of public revenue including long range financial plans for the financing of public facilities and capital improvements, based upon a projection of the economic and fiscal ac- tivity of the community, both public and private; Sec. 27-25(6). Utilization and conservation of natural re- sources; and, Sec. 27-25(7). Any other element deemed necessary to the proper development or redevelopment of the area. (Code 1960, ~ 21-104) State law reference-For similar provisions, see K.S.A. 12-704. Sec. 27.26. Approval in whole or in part; referral to govern- ing body. The planning commission, by' an affirmative vote' of ama- jority of its members, may approve the recommended com- prehensive plan as a whole by a single resolution or may by successive resolutions approve parts of the plan, said parts corresponding with the major goegraphical sections of the area or with functional subdivisions of the plan. Such resolu- tion shall specifically identify any maps, plats, charts or other materials made a part of such plan. Before the approval of Supp. No. 25 1148 e ~ 27-26 PLANNING S 27-30 any such plan or part thereof the planning commission shall hold a public hearing thereon, notice of which shall be pub- lished once in the official city newspaper at least twenty (20) days prior to the date fixed for hearing. Upon the approval of any such plan or part thereof, a certified copy of the same shall be submitted to the governing body of the city and all other legislative and administrative agencies affected thereby. (Code 1960, S 21-104) State law reference-For similar provisions, see K.S.A. 12-704. Sec. 27-27. Consideration by, recommendations of governing body and other agencies. e The governing bOdy of the city and other legislative and administrative agencies shall, within sixty (60) days after the receipt thereof, consider such proposed plan or part there- of and submit a statement containing iis recommendations regarding the same to the planning commission. State law reference-For similar provisions, see K.S.A. 12-704. Sec. 27-28. Final adoption. The planning commission shall reconsider such matter and thereafter may adopt such proposed plan or part thereof as, the official plan of the city. State law reference-For similar provisions, see K.S.A. 12-704. Sec. 27-29. Filing, signature, attestation. All reports and documents forming the comprehensive plan or part thereof as adopted shall bear the signature of the chairman and secretary of the planning commission and an attested copy of the same shall be certified to all legislative and administrative agencies affected by the plan. (Code 1960, S 21-105) State law reference-For similar provisions, see K.S.A. 12-704. . Sec. 27-30. Purposes. The comprehensive plan or part thereof shall constitute the basis or guide for public action to insure a coordinated and harmonious development or redevelopment which will best 1149 ~ 27-30 SALINA CODE ~ 27-33 promote the health, safety, morals, order, convenience, pros- perity and general welfare as well as a wise and efficient expenditure of public funds. (Code 1960, ~ 21-104) State law reference-For similar provisions, see KS.A. 12-704. Sec. 27-31. Amendments and additions to plan. The planning commission may at any time review or recon- sider the plan or any part thereof and may propose amend- ments, extensions or additions to the same. The procedure for the adoption of any such amendment, extension or addition to any plan or part thereof shall be the same as that required for the adoption of the original plan or part thereof. (Code 1960, ~ 21-104) State law reference--For similar provisions, see KS.A. 12-704. Sec. 27-32. Annual review and recommendations. The planning commission shall annually review such plan for the purpose of determining if any portion of the plan has become obsolete and shall make a report to the governing body regarding the same on or before the first day of June of each year. State law reference-For similar provisions, see KS.A. 12-704. Sec. 27-33. Approval of improvements covered by plan. Whenever the planning commission shall have adopted and certified the comprehensive plan of the community or of one or more major sections or districts thereof, then and hence- forth no public improvement, public facility or public utility of a type embraced within the recommendations of the com- prehensive plan or portion thereof shall be constructed with- out first being submitted to and being approved by the planning commission as being in conformity with the plan. If the planning commission does not make a report within sixty (60) days, the project shall be deemed to have been ap- proved by the planning commission. In case the planning com- mission shall find that any such proposed public improvement, facility or utility does not conform to the plan, the commis- sion shall 'Submit forthwith in writing the manner in which 1150 e ~ 27-33 PLANNING ~ 27-45 such proposed improvement, facility or utility does not con- form, to the governing body sponsoring the same, and such governing body may, by a recorded vote of three-fourths (%) majority of its membership overrule the disapproval of the planning commission and the plan for the area concerned shall be deemed to have been amended and the planning com- mission shall make the necessary changes in the plan to reflect the same. (Code 1960, S 21-105) State law reference-For similar provisions, see K.S.A. 12-704a. Sec. 27-34. Development of plan outside city; acquisition of rights-of-way and lands. e When the city shall have adopted a master street plan for the city and its environs, as provided by K.S.A. 12-704, it may develop such master street plan outside the corporate limits and within three (3) miles thereof in accordance with agree- ments entered into pursuant to K.S.A. 68-169. The board of commissioners is further authorized to acquire the necessary rights-of-way and lands for such roads and highways by pur- chase, gift, dedication or condemnation as provided by law for opening, widening, extending or improving streets, and to pay the necessary costs of such acquisition in the same man- ner as provided by law for streets within the corporate limits of the city. (Code 1960, S 21-110) State law reference-For similar provisions, see K.S.A. 13-1l14b. Sec. 27-35. Existing master plan continued in effect. Any master plan or part thereof adopted by the planning commission adopted prior to the effective date of this Code is hereby ratified, confirmed and validated and shall continue in force and effect the same as though adopted under the provisions of this Code, until the same is modified or a new comprehensive plan or part thereof is adopted as provided in this article. State law reference-For similar provisions, see K.S.A. 12-706a. e Sees. 27-36-27-45. Reserved. 1151 ~ 27-46 SALINA CODE ~ 27-48 Article III. Plats and Subdivisions~ DIVISION 1. GENERALLY Sec. 27-46. Regulations authorized; territorial jurisdiction. The city planning commission, after the adoption of a com- prehensive plan, may adopt and may amend regulations governing the subdivision of land located within an area which shall be designated by resolution of the board of com- missioners for this purpose. Such area shall include the in- corporated area of the city and may include allY unincorpo- rated territory lying outside of but within three (3) miles of the nearest point on the city limits provided 'Such territory is within the same county in which such city i" located and does not extend more than one-half (1;2) of the distance be- tween such corporate limits and the corporate limits of an- other city which has adopted regulations under the provisions of this section. (Code 1960, S 21-106) State law reference-For similar provisions, see K.S.A. 12-705. Sec. 27-47. Notice of hearing on regulations required. Before the adoption of such subdivision regulations or any amendments thereto, the planning commission shall cause a notice of a hearing to be held thereon to be published in the official city newspaper. Such notice shall be published once in the official city newspaper at least twenty (20) days prior to the date of such hearing. (Code 1960, S 21-106) State law reference-For similar provisions, see K.S.A. 12-705. Sec. 27-48. Approval of regulations. No such subdivision regulations or changes or amendments thereto adopted by a city planning commission shall become effective unless and until the same has been submitted to and approved by the governing body of the city and no such regulations or changes or amendments thereto adopted by a joint committee as hereinafter provided, 'Shall become effec- *Cross reference-The subdivision regulations authorized by this ar- ticle are set out in Appendix B of this volume. 1152 e ~ 27-48 PLANNING ~ 27-52 tive unless and until the same has been submitted to and ap- proved by both the board of county commissioners and the governing body of the city. State law reference-For similar provisions, see K.S.A. 12-705. Sec. 27-49. Contents, scope of regulations. Such subdivision regulations may provide for the harmo- nious development of the community, including the proper location and width of streets, and for building lines, open spaces, safety and recreational facilities'md for the avoidance of congestion of population, including minimum width, depth and area of lots and compatibility of design. (Code 1960, ~ 21- 106) State law reference-For similar provisions, see K.S.A. 12-705. e Sec. 27-50. Regulations may provide for improvements. Such subdivision regulations may also a~ a condition to the approval of any plat require and fix the extent to which and the manner in which streets shall be improved and water. sewer, drainage and other utility mains and piping or connec- tions or other physical improvements shall be installed. (Code 1960, ~ 21-106) State law reference-For similar provisions, see K.S.A. 12-705. Sec. 27-51. Security in lieu of improvements. Such subdivision regulations may provide that in lieu of the completion of such work or improvements prior to the final approval of the plat, the governing body may accept a corporate surety bond, cashier's check, escrow account or other like security in an amount to be fixed by the governing body and conditioned upon the actual completion of such work or improvements within a specified period, in accordance with such regulations, and the governing body may enforce such bond by all equitable remedies. (Code 1960, ~ 21-106) State law reference-For similar provisions, see K.S.A. 21-106. e Sec. 27.52. Joint city-county regulations. Sec. 27-52(1). If the area designated by the governing body of the city shall include any area lying outside of the city and governed by the regulations of the county, a copy of the reso- 1153 ~ 27-52 SALINA CODE ~ 27-53 lution of the governing body designating such area shall be certified to the board of county commissioners or if at any time subsequent to the adoption of regulations governing the subdivision of land by the city planning commission, the board of county commissioners shall by resolution designate an area for such purposes which shall include lands lying within the area designated and governed by regulations of the city, the board of county commissioners shall certify a copy of such reso- lution to the governing body of the city and regulations gov- erning the subdivision of land within the area designated by the city shall be adopted and administered in the manner herein- after provided. Sec. 27-52(2). Within sixty (60) days after the date of the certification of 'Said resolution by the board of county com- missioners or the governing body of the city there shall be established by joint resolution of said board of commissioners and governing body, a joint committee for subdivision regu- lation which shall be composed of three (3) members of the county planning board and three (3) members of the city planning commission to be appointed by the chairman of such board and commission and one member to be selected by the six (6) members. Sec. 27-52(8). Such joint committee shall have such author- ity as is provided by law for county planning boards and city planning commissions relating to the adontion and administra- tion of regulations governing the 'SubdiviRion of land within the area of joint designation. Sec. 27-52 (4-). Regulations adopted by the county or city and in effect at the time of the certification of such resolu- tion by the board of county commissioners or the governing body of the city shall remain in effect until new regulations shall have been adopted by the joint committee or for a period not exceeding six (6) months from and after the date of the certification of such resolution. State law reference--For similar provisions, see K.S.A. 12-705a. Sec. 27-53. Prior regulations continued in effect. Any subdivision regulations adopted prior to the effective date of this Code are hereby ratified, confirmed and validated 1154 e ~ 27-53 PLANNING ~ 27-60 and shall continue in force and effect the same as though adopted under the provisions of this article, until the same is modified or new subdivision regulations or lines are adopted as provided in this article. State law reference-For similar provisions, see K.S.A. 12-706a. e Sec. 27-54. Regulations approved and adopted. The subdivision regulations of the City Planning Commis- sion of Salina, Kansas, as adopted by that board, on the twenty-seventh day of September, 1963, are hereby adopted by reference as the rules and regulationR governing the sub- division of land within the city, and within three (3) miles of the corporate limits thereof. Copies of such subdivision regulations shall be kept on file in the office of the city clerk, office of the city planner and office of the city engineer. (Ord. No. 6751, ~~ 1,2, 12-2-63) Cross reference-The subdivision regulations adopted by this section are set out in Appendix B of this volume. Sees. 27-55-27-59. Reserved. DIVISION 2. PLATS e Sec. 27-60. Required. Whenever any regulations governing the subdivision of land under the provisions of this article shall have been adopted, the owner or owners of any land located within the area gov- erned by such regulations subdividing the same into lots and blocks or tracts or parcels, for the purpose of laying out any subdivision, suburban lots, building lots, tracts or parcels or any owner of any land establishing any street, alley, park or the location and dimensions of all streets, alleys, parks or purchasers or owners of lots, tracts or parcels of iand fronting thereon or adjacent thereto, shall cause a plat to be made which shall accurately describe the subdivision, lots, tracts or parcels of land giving the location and dimensions thereof or the location and dimensions of all streets, alleys, parks or other properties intended to be dedicated to public use or for 1155 ~ 27-60 SALINA CODE ~ 27-65 the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto and every such plat shall be, duly acknowledged by the owner or owners thereof. State law reference-For similar provisions, see K.S.A. 12-705b. Sec. 27-61. Submission to commission required. All such plats shall be submitted to the city planning com- mission or to the joint committee for subdivision regulation if such has been formed, which shall determine if the same conforms to the provisions of the subdivision regulations. State law reference-For similar provisions, see K.S.A. 12-705b. Sec. 27-62. Deadline for approval. If such determination is not made within sixty (60) days after the plat has been submitted for comdderation, such plat shall be deemed to have been approved and a certificate shall be issued by the secretary of the planning commission or joint committee upon demand. State law reference~For similar provisions, see K.S.A. 12-705b. Sec. 27-63. Notice of disapproval required. If the planning commission or joint committee shall find that the plat does not conform to the requirements of the sub- division regulations, it shall notify the owner or owners of such fact. State law reference-For similar provisions, see K.S.A. 12-705b. Sec. 27-64. Endorsement of approval. If the plat conforms to the requirements of such regulations, there shall be endorsed thereon the fact that it has been sub- mitted to and approved by the city planning commission or joint committee. State law reference-For similar provisions, see K.S.A. 12-705b. Sec. 27-65. Authority to establish approval fees. The planning commission or joint committee may establish a scale of reasonable fees to be paid in ,'1dvance to the secre- 1156 e ~ 27-65 PLANNING ~ 27-78 tary of the planning commission or joint committee by the applicant for approval for each plat filed with the planning commission or joint committee. State law reference-For similar provisions, see K.S.A. 12-705b. Sec. 27-66. Building permits prohibited in unapproved sub- divisions; recording unapproved plats. No building permit shall be issued for the construction of any structure upon any lot, tract or parcel of land located within the area governed by the subdivision regulations that has been subdivided, resubdivided or replatted p,fter the date of the adoption of such regulations by the gOilerning body or governing body and board of county commissioners but which has not been approved in the manner provided by this article and the register of deeds shall not file any plat as pro- vided by law until such plat shall bear the endorsement here- inabove provided. State law referenCCc-For similar provisions, see K.S.A. 12-705b. e Sec. 27-67. Fee for platting or replatting. Any person submitting a plat or replat to the city planning commission for its consideration shall at that time pay to the city clerk the fee provided for by the subdivision regulations of the planning commission. (Code 1960, ~ 21-113; Ord. No. 6756, S 1, 12-9-63) Sees. 27-68-27-77. Reserved. Article IV. Setback Lines e Sec. 27-78. Establishment authorized; effect. Whenever the city has as a part of its comprehensive plan adopted a plan for its major street or highway system. after consultation with the urban highways department of the state highway commission and the county engineer and any county or metropolitan planning commission of the county or coun- ties within which such system shall lie, the governing body of the city is hereby authorized and empowered, by ordi- nance, to establish building or setback lines on such existing 1157 ~ 27.78 SALINA CODE ~ 27-82 and proposed major streets or highways, and to prohibit any new building being located within such building or setback lines within the plat approval jurisdiction of the city. Such ordinance may incorporate by reference an official map, which may include supplementary documents, setting forth such plan which shall show with reasonable survey accuracy the location and width of existing or proposed major streets or highways and any building or setback lines. State law reference-For similar provisions, see K.S.A. 12-705. Sec. 27.79. Enforcement. The governing body of the city shall provide for the method by which this article shall be enforced. State law reference-For similar provisions, see K.S.A. 12-705c. Sec. 27-80. Ordinance, map to be filed. No official setback line map shall be enforced until after a certified copy of such map and adopting ordinance shall have been filed with the register of deeds of the county. State law reference-For similar provisions, see K.S.A. 12-705c. Sec. 27-81. Modifications, variances authorized. The board of zoning appeals shall have power to modify or vary the building restrictions herein 1,uthorized in specific cases, in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided, yet the intended purpose of the regulations shall be strictlv observed and the public welfare and public safety protected. State law reference-For similar provisions, see K.S.A. 12-705c. Sec. 27-82. Hearing required; notice. The setback regulations or official map shall not be adopted, chaTIl!ed or amended by the governing body until a public hearing has been held thereon by the governing body; a notice of the time and place of such hearing shall be published in the official city paper at least twenty (20) days prior to the hear- ing. 1158 e ~ 27-82 PLANNING ~ 27-92 The powers of this article shall not be exercised so as to deprive the owner of any existing property of its use or main- tenance for the purpose to which it is then lawfully devoted. State law reference-For similar provisions, see K.S.A. 12-705c. Sec. 27-83. Prior setbacks continued in effect. Any building or setback lines adopted prior to the effective date of this Code are hereby ratified, confirmed and validated and shall continue in force and effect the same as though adopted under the provisions of this article, until the same are modified or new building or setback lines are adopted as provided in this article. State law reference-For similar provisions, see K.S.A. 12-706a. Sees. 27-84-27-90. Reserved. e Article V. North Central Regional Planning Commission * Sec. 27-91. Name. There is hereby created the North Central Regional Plan- ning Commission in Cloud, Ellsworth, Jewell, Lincoln., Ottawa, Mitchell, Republic and Saline Counties, Kansas. (Ord. No. 8287, ~ 1, 6-4-73) Sec. 27-92. Membership, qualification and term. Any incorporated city or county government within Cloud, Ellsworth, Jewell, Lincoln, Ottawa, Mitchell, Republic and Saline Counties is eligible for membership in said North Cen- tral Regional Planning Commission upon passage of an appro- priate ordinance or resolution and acceptance by said commis- sion. Each city shall be represented by its mayor or his desig- nee from the governing body or official responsible to the gov- erning body. Each county shall be represented by the chair- . *Editor's note-Ord. No. 8287, adopted June 4, 1973, did not expressly amend this Code, hence inclusion of ~~ 1-7 herein as Art. V, ~~ 27-91- 27-97, was at the discretion of the editors. Cross reference-Metropolitan planning commission, ~ 27-1 et seq. Supp. No. 17 1159 ~ 27-92 SALINA CODE ~ 27-95 man of the board of county commissioners or his designee from the commission. Each county may appoint by majority vote of each board of county commissioners representatives from special interest groups and/or minority groups located within the counties. Representatives appointed shall serve at the pleasure of the board of county commissioners. All mem- bers shall continue to hold office until their successors are duly appointed and qualified. (Ord. No. 8287, S 2, 6-4-73) Sec. 27-93. Compensation. All members of the commission shall serve without compen- sation. (Ord. No. 8287, S 3, 6-4-73) Sec. 27-94. Meetings. Meeting 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 absence of the chairman, or as otherwise provided, upon at least twenty-four (24) hour notice. All meetings of the com- mission shall be open to the public. (Ord. No. 8287, S 4, 6- 4...73) Sec. 27-95. Functions, duties and powers. The North Central Regional Planning Commission shall have all the functions, duties, and powers as provided. in K. S. A. Sections 12-716 to 12-721 inclusive, as amended. The general purpose of the North Central Regional Planning Com- mission shall be to make those studies and plans for the de- velopment of the region, eliminate planning duplication and promote economy and efficiency in the coordinated develop- ment 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 dis- posal systems, airports, parks, and recreational areas, public institutions, prevention of blighted conditions, regulatory codes and general capital improvement programs. (Ord. No. 8287, S 5, 6-4-73) Supp. No. 17 1160 e e e ~ 27-96 PLANNING ~ 27-97 Sec. 27-96. Rules. The commission shall adopt bylaws, including rules for the transaction of commission business, which shall include, but not be limited to: (a) Membership. (b) Officers. (c) Meetings and voting. (d) Organization of the commission. (e) Staff and budget. (f) Sharing of costs. (Ord. No. 8287, ~ 6, 6-4-73) Sec. 27-97. Separability. If this article, or any part thereof, shall be held or deter- mined 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 unconsti- tutional, illegal, ultravire or void, the same shall not affect any action heretofore taken by the North Central Regional Planning Commission as heretofore established and consti- tuted. (Ord. No. 8287, ~ 7, 6-4-73) [The next page is 1185] Supp. No. 17 1161 e Chapter 28 POLICE* Art. I. In General, ~~ 28-1-28-32 Art. II. Benefit Fund, ~.~ 28-33-28-47 Art. III. Merchant or Private Policeman, ~~ 28-48-28-61 Article I. In Generalt Sec. 28-1. Personnel of department specified. There shall be in the police department a chief of police; administrative assistant to the chief of police; captains of po- lice; desk sergeants; and such other policemen, including pa- trolmen, plain clothes men, traffic officers, motorcycle offi- cers and other special officers, as the city manager may from time to time appoint. (Code 1960, S 22-101) e Sec. 28-2. General duties of chief. The chief of police shall perform the duties and exercise the powers prescribed or authorized by law or ordinance, and as may be assigned by the city manager. (Code 1960, S 22-102) Sec. 28-3. Chief may suspend officers. The chief of police may at any time suspend' any police officer, without pay, for any cause which he may deem suf- ficient, and relieve him of his badge and other insignia, pend- ing dismissal or reinstatement by the city manager. (Code 1960, S 22-102) Sec. 28-4. General duties of officers. Police officers shall perform the duties and exercise the powers prescribed or authorized by law or ordinance or as may be assigned to them by the chief of police. Any officer e *Cross references-For supervision and duties of police department, see ~ 2-132; for police court, see Gh. 29. tCross references-For creation and composition of police department, see ~ 2-94 (4) (a); longevity pay for police department employees, ~ 2-63. . . 1185 9 28-4 SALINA CODE S 28-9 shall have authority and shall be required at any time, whether on or off regular duty, to perform the duties required of him by law or ordinance, or the orders of the chief of police. (Code 1960, ~~ 22-102, 22-103) Sec. 28-5. Chief to make regulations. The chief of police shall from time to time make and keep on file such rules and regulations relating to the conduct of the police department and of the police officers as he may deem necessary. (Code 1960, ~ 22-103) Sec. 28-6. Chief to issue, amend, revise duty manuals; obe- dience. The chief of police may issue, amend and revise duty man- uals for the police department and such manuals shall be obeyed by all members of the department. (Code 1960, ~ 22- 103) Sec. 28-7. Uniform required. All police officers while on duty shall wear the regulation police badge, cap, and insignia, all to be furnished by the city, and' a uniform to be furnished by the city, which shall be approved by the chief, except that in the discretion of the chief, any officer may at any time be ordered on dutyin plain clothes. (Code 1960, ~ 22-103) Sec. 28-8. Uniforms, remain property of city. All police officers' uniforms shall remain the property of the city. Sec. 28-9. Hours of duty. The chief of police shall apportion the officers in his de- partment into three (3) shifts of eight (8) hours each, so that each officer shall be on regular duty eight (8) hours each day and shall make such rules and regulations relating to the hours of duty and the change of shifts as may be reason- able and necessary: Provided, that whenever he deems it 1186 e ~ 28-9 POLICE ~ 28-13 necessary the chief of police may order any police officer to remain on duty or to report for duty at any time, in addition to the eight (8) hours herein provided for. (Code 1960, ~ 22- 104) Sec. 28-10. Supervision of shifts. Each shift shall be in charge of either the chief of police or the person or officer designated by the chief. (Code 1960, ~ 22-104) Sec. 28-11. Power of arrest. The chief or any other policeman shaH at all times have power to make or order an arrest upon view of any offense being committed, with or without process, for any offense against the laws of the state or ordinances of thE! city. (Code 1960, ~ 22-105) State law reference--For similar provisions, see K.S.A. 13-623. e Sec. 28-12. Duty on making arrest when court in session. The chief or any policeman making an arrest shall bring the offender, if the offense is against an ordinance, before the police court for trial, if said court is in se8sion. (Code 1960, ~ 22-105) State law reference--For similar provisions, see K.S.A. 13-623. e Sec. 28-13. Duties on making arrest when court not in ses- sion; admission to bail. If the police court is not in session, the chief or other officer making the arrest for an offense against the ordinances, with or without process, shall immediately take the person arrested to the city prison, and the chief or jailer or any other officer in charge of the city prison shall, if the defendant is arrested under a warrant issued by the police judge, in or upon which warrant it shall appear that the person arrested is to be ad- mitted to bail in a specified sum, take the bail and discharge the defendant from actual custody. If any person is arrested for any offense against the ordinances without a warrant, the chief of police shall, in the absence of the police judge, fix the amount in which the person arrested may give bail 1187 ~ 28-13 SALINA CODE S 28-17 for his appearance before the police court for trial at the next session thereof after the arrest, and the chief or jailer or other officer in charge of the city prison shall take the bail and discharge the person from custody. (Code 1960, S 22-105) State law reference---For similar provisions, see K.S.A. 13-623. Sec. 28-14. Cash deposit in lieu of bail authorized. The defendant may, in the place of giving bail as herein- before provided, deposit with the chief or jD.iler or other officer in charge of the city prison, or with the police judge, the sum of money fixed as his bail, and be discharged from custody. (Code 1960, S 22-105) State law reference---For similar provisions, see K.S.A. 13-623. Sec. 28-15. Return of cash deposit. If money has been deposited instead of bail, and the defend- ant at any time before the forfeiture thereof shall give suffi- cient bail or bond, or shall surrender himself in open court or to the chief of police, or be in any manner legally dis- charged, the police judge shall order a return of the deposit, and the chief, jailer or other person taking the deposit shall immediately return the same to the person making such de- posit and take a receipt therefor. State law reference---For similar provisions, see K.S.A. 13-623. Sec. 28-16. Duty on arrest for state law violation. If the offense for which a person is arrested is against a state law, the defendant shall be immediately turned over to the sheriff of the county. (Code 1960, S 22-105) State law reference-For similar provisions, see K.S.A. 13-623. Sec. 28-17. Entitlement to complaint. Any person arrested for any offense without process shall be entitled, on demand before trial, to have a complaint filed on oath in writing, and such person 'Shall not at the time be tried for any other offense than that for which he was ar- rested and for which the complaint is filed. (Code 1960. S 22- 105) State law reference---For similar provisions, see K.S.A. 13-623. 1188 e e e ~ 28-18 POLICE ~ 28-21 Sec. 28-18. General authority to arrest and detain. The chief or other police officer or policeman of the city shall have power to arrest all offenders against the laws of the state or city by day or by night, and keep them in the city prison or other place to prevent their escape until a trial can be had before the proper court: Provided, that no person shall be imprisoned or held in custody after giving bail, or making a cash deposit in lieu thereof, as provided in this article. (Code 1960, S 22-106) State law reference-For similar provisions, see K.S.A. 13-625. Sec. 28-19. Record of bail bonds and cash deposits-Required. The police department shall keep at its headquarters a full and complete record of all bail bonds or cash deposits for the appearance of persons under arrest by the department, giving the amount of said bail bond, and the name of the principal and sureties thereon, and the date of the approval of the same, the name of the officer taking and approving such bond; and' also the amount of any cash deposit made with such depart- ment in lieu of a bail bond, together with the name of the person for whose appearance said deposit is made, the name of the person making the said deposit, and the name of the officer accepting such deposit, in a book to be kept there for such purpose. (Code 1960, S 22-107) State law reference-For similar provisions, see K.S.A. 13-2304. Sec. 28-20. Same-Duties of chief and city. It shall be the duty of the chief of police of the city to keep or cause to be kept the record provided for in the foregoing section; and it is further made the duty of the dty to furnish to its police department suitable books, blanks and envelopes for the keeping of such records. (Code 1960, S 22-108) State law reference-For similar provisions, see K.S.A. 13-2305. Sec. 28-21. Duties of officers when accepting bail bond or cash deposit. It shall be the duty of the police judge or in his absence the police captain, sergeant or other officer in charge of the 1189 S 28-21 SALINA CODE S 28-22 station to which a person under arrest is brought, immediately upon his acceptance of a bond for the appearance of such person to endorse thereon his approval of the sufficiency of the same, and in the event of his acceptance of any deposit of money in lieu of such bond, to enclose said money in a sealed envelope, and to endorse thereon a statement of the name of the person for whose appearance such deposit is made, the amount of such deposit, the name of the person making such deposit, the date of such deposit, the date for the appear- ance of said person, which statement shall be signed by said officer taking such deposit. Upon the approval of any 'Such bond, or the taking of any such money deposit, the police judge, or police officer approving such bond, or taking such money deposit, shall at once record the f~cts concerning the same, as set forth in section 28-19, upon a blank furnished to the police department for such purpose,' WhICh statement properly 'Signed shall be, together with said' bond or said cash deposit, by said police judge or police officer, filed with the chief of police, within twenty-four (24) hours from the time of the approval of said bail bond, or the taking of such cash deposit. (Code 1960, S 22-109) State law reference-For similar provisions, see K.S.A. 13-2306. Sec. 28-22. Fee on tendering bail bond or making cash deposit. Any person tendering a bail bond for approval, or making a money deposit as herein provided for, shall at said time pay to the officer making such approval, or accepting such money deposit, the sum of fifty cents ($0.50) as a fee for approving and recording 'Said bond', or recording said money deposit, which fee shall be returned by the police judge or police officers to the chief of police, together with the state- ment provided for in section 28-22. Said fees shall be by said chief of police paid over to the city treasurer to be expended by the mayor and commissioners, for the relief of members of the police department who may have been injured while on duty, or for the relief of the families of members of the police department who may have been killed while in the perform- ance of their duty. (Code 1960, S 22-110) State law reference-For similar provisions, see K.S.A. 13-2307. 1190 e e e ~ 28-23 POLICE ~ 28-36 Sees. 28-23-28-32. Reserved. ARTICLE II. BENEFIT FUND Sec. 28-33. Created. There is hereby created in the office of the city treasurer a fund to be known as the "Police Benefit Fund." (Code 1960, ~ 22-201) Sec. 28-34. Assets. There shall be credited to the police benefit fund the fees for the approval and recording of bonds and of cash deposits for bail as provided in the K.S.A. 13-2307, when and as such fees are turned over to the city treasurer. (Code 1960, ~ 22- 202) Sec. 28-35. Purpose. Such funds shall be held by the city treasurer for the follow- ing purposes and for none other: The relief of members of the police department of the city who may be injured while on duty or who may become ill or othl:'rwise incur medical expense while employees of said department by providing cash payments or reimbursement of part or all of medical expenses actually incurred by members of said department or by providing health or accident insurance for such purposes. (Code 1960, ~ 22-203) See. 28-36. Determination of how fund should be spent. The extent and proportion to which members of the police department of the city shall become eligible for cash payments or for reimbursement of medical expense incurred, and wheth- er or not accident or health insurance shall be provided, and to what extent, from said fund, shall be determined by the board of commissioners. The eligibility of a particular claim- ant to the benefits herein provided shall be passed upon by the board of commissioners. (Code 1960, ~ 22-204) Supp. No. 24 1191 ~ 28-37 SALINA CODE ~ 28-48 See. 28-87. Payments authorized. The city treasurer is hereby authorized to make payments from the police benefit fund upon vouchers signed by the indi- vidual claimant and approved by the board of commissioners. (Code 1960, ~ 22-205) Sees. 28-88-28-47. Reserved. ARTICLE III. MERCHANT OR PRIVATE POLICEMAN* Sec. 28-48. Definitions. The following words and phrases, when used in this article, shall have the meaning, unless the context clearly indicates a different meaning, respectively ascribed to them as follows: (a) License shall mean a certificate granting permission for a person to operate a merchant police service. (b) Merchant police service shall mean any person en- gaged for hire in the business of guarding, watching, patrolling or otherwise attempting to provide security for the real or personal 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. (c) Merchant policeman shall mean any individual 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. " (d) Permit shall mean a certificate granting permission for an individual who is employed by a merchant police service to operate as a merchant policeman. Editor's no~Ord. No. 5433, ~ 1, enacted May 19, 1975, amended Art. III to read as set out in ~~ 28~28-68. Formerly Art. III, relative to merchant or private policemen, was derived from Code 1960, ~~ 22-301, 22-301-22-307, 22-309; Ord. Nos. 8190, 8191, 8192, adopted Feb. 7, 1972, and Ord. No. 8322, adopted Dec. 10, 1973. Cl'088 reference-Licenses generally, Oh. 20. Supp. No. 24 1192 e ~ 28-48 POLICE ~ 28-48 (e) Pe1'son shall mean any individual, proprietorship, part- nership, association, firm, corporation or other business entity. (Ord. No. 8433, ~ 1, 5-19-75; Ord. No. 8704, ~ 1, 3-12-79) e e Supp. No. 24 1192.1 e e e ~ 28-49 POLICE ~ 28-50 Sec. 28-49. Requirements for license and permit. (a) No person shall provide or engage in a business which provides merchant police service within the City of Salina, Kansas, unless such person shall possess a valid license from the City of Salina, Kansas to engage in such busines. (b) No individual shaJI perform any service within the City of Salina, Kansas, as a merchant policeman unless such individ- ual shall have in his possession a valid permit from the City of Salina, Kansas to perform such service. (Ord. No. 8433, S 1, 5-19-75) Sec. 28-50. License application. Any person desiring to obtain a merchant police service license shall submit to the city clerk, in writing on a form provided by said city clerk, containing the following informa- tion: (a) Name, address, date of birth and social security number of person that will engage in providing such merchant police service. (b) Name, address, date of birth and social security number of all officers, directors and other persons active in the management of the business entity which will provide such merchant police service. (c) A description of all vehicles to be used in providing such service, including the vehicle registration numbers thereof. (d) A description of the nature and type of business to be conducted. (e) The service to be offered, and the area expected to be covered in the conduct of the business. (f) A statement of the number of persons to be employed by the service. (g) A description of all weapons registered to the applicant. Supp. No. 20 1193 ~ 28-50 SALINA CODE ~ 28-51 (h) 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 employ- ment for the five (5) years immediately preceding the date of this application. (i) A statement as to whether or not the applicant has been convicted of any felony, misdemeanor, or ordinance violation, the nature of the offense, the penalty or punishment imposed, and the date and place where such offense occurred. (j) A statement as to whether or not the applicant has ever had a judgment or conviction for fraud, deceit, or misrepresentation entered against him, and if so, the details thereof. (k) Such other information as the chief of police may rea- sonably deem necessary. (Ord. No. 8433, ~ 1, 5-19-75) Sec. 28-51. Permit application. 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: (a) Name, address, date of birth of social security number. (b) One recent photograph, his fingerprints, and a history of his residence and employment for the five (5) years immediately preceding the date of this application. (c) The name and address of the company, corporation, firm or person by whom applicant will be employed. (d) If the applicant will use his own vehicle in the course of acting as a merchant policeman, a description of such vehicle including the vehicle registration number there- of. (e) A description of all weapons registered to the applicant. (f) A statement as to whether or not the applicant has been convicted of any felony, misdemeanor, or ordi- Supp. No. 20 1194 e e e ~ 28-51 POLICE ~ 28-52 nance violation, the nature of the offense, the penalty or punishment imposed, and the date and place where such offense occurred. (g) A statement as to whether or not the applicant has ever had a judgment or conviction for fraud, deceit of misrepresentation entered against him, and if so, the details thereof. (h) Such other information as the chief of police may rea- sonably deem necessary. No permit shall be issued to any person to perform security service as a merchant policeman unless application therefor has been approved by the employer who is the holder of a valid merchant police service license. (Ord. No. 8433, ~ 1, 5-19-75) Sec. 28-52. Approval or disapproval of applications. (a) Every application for a license or a permit shall be submitted to the chief of police for approval or disapproval and no applicant shall receive a license or permit unless his application is approved. (b) The chief of police may disapprove an application 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 in- formation, or failed to declare a material fact in con- nection with an application for a permit or a renewal or reinstatement thereof. (5) Is not employed by a merchant police service licensed under this article. Supp. No. 20 1195 ~ 28-52 SALINA CODE ~ 28-53 (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 application for a merchant police license if the applicant does not meet the standards set in subsection (b) (2), (3), (4) and (6) of this section, or if any director, officer, or other person active in the management of the merchant police service does not meet the standards set by subsection (b), (2), (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 reasons for disapproval. A hear- ing on such appeal shall be held by the board of city com- missioners no more than forty-five (45) days after the appli- cant files such notice of appeal. The board of city commis- sioners may reverse or affirm the decision of the chief of police. (Ord. No. 8433, ~ 1,5-19-75) See. 28-53. License fee, term, expiration. (a) The fee for a merchant police service license shall be thirty-three dollars ($33.00) per calendar year, January 1, through December 31, provided however, that the fee for the year 1975 due on June 1, 1975, shall be nineteen dollars and twenty-five cents '<$19.25). (b) Application for renewal may be made thirty (30) days prior to the expiration date. (c) All licenses shall expire on December 31 of each year. (d) License fees are not refundable upon cancellation dur- ing a calendar [year.] (e) Licenses are not transferable nor assignable under this article. (Ord. No. 8433, ~ 1,5-19-75) Supp. No. 20 1196 e e e ~ 28-54 POLICE ~ 28-56 Sec. 28-54. Permit fee, term, expiration. (a) The fee for a merchant police permit shall be twelve dollars ($12.00) per calendar year, January 1 through Decem- ber 31, provided however, that the fee for the year 1975, due on June 1, 1975, shall be seven dollars ($7.00). (b) Application for renewal may be made thirty (30) days prior to the expiration date. (c) All permits shall expire on December 31 of each year. (d) Permit fees are not refundable upon cancellation during a calendar year. (e) Permits are not transferable nor assignable under this article. (Ord. No. 8433, ~ 1, 5-19-75) Sec. 28-55. Revocation or suspension of license or permit. The board of city commissioners shall have the authority to revoke or suspend any license or permit granted pursuant to this article ft)r violatoin of any federal or state statute, city ordinance, for falsification of application documents, for violation of any provisions of this article, or for any act com- mitted by a licensee or permittee which is deemed by the board of city commissioners to make said licensee or permittee unfit to handle the responsibilities of such license or permit upon request. Suspension period shall be for a maximum of sixty (60) days. In cases of revocation or suspension of the license or permit, a hearing shall be held by the board of city com- missioners, and the licensee or permit may present any evidence or be heard with respect to the allegations contained in the request for revocation or suspension. (Ord. No. 8433, ~ 1, 5-19-75) Sec. 28-56. In addition to other licenses or permits. This article is intended to be in addition to all other licenses and permits, or other law enforcement authority vesteq in persons by the State of Kansas, Saline County or the City of Salina and it shall not be a defense to the failure to secure Supp. No. 20 1197 ~ 28-56 SALINA CODE ~ 28-58 a license or permit that said person had such other authority. (Ord. No. 8433, ~ 1,5-19-75) Sec. 28-57. Insurance. All merchant police service business licensees shall carry insurance for the purpose of indemnifying third persons for bodily injury in amounts not less than fifty thousand dollars ($50,000.00) for each bodily injury and one hundred fifty thousand dollars ($150,000.00) aggregate limit; and further to indemnify third persons for any damage to property as the result of the actions of said merchant police service, its agents or employees, in an amount of not less than twenty-five thou- sand dollars ($25,000.00) per claimant and fifty thousand dollars ($50,000.00) aggregate limit. The surety shall be approved as to form by the city attorney. It shall be the licensee's responsibility to determine that its insurance car- rier has notified the city clerk of any lapse or cancellation in coverage within ten (10) days of notification to the insured. (Ord. No. 8433, ~ 1,5-19-75) Sec. 28-58. Identification. 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 (21/2) inches by four (4) inches and shall include the following information: (a) The type of license or permit and expiration date thereof. (b) Name, address, physical description and picture of the licensee or permittee. (c) The name of the employer if the licensee or permittee is an agent or employee of a merchant police service. (d) The signature of the licensee or permittee and that of the chief of police. Supp. No. 20 1198 e e e ~ 28-58 POLICE ~ 28-61 (e) A statement as to whether or not the licensee or per- mittee is authorized to carry a concealed firearm. (f) Such other information as the chief of police may deem advisable. (Ord. No. 8433, ~ 1,5-19-75) Sec. 28-59. Uniforms. Uniforms, if any, worn by agents or employees of mer- chant police service licensees while employed within the City of Salina will be of a color different from those worn by officers of the Salina Police Department. (Ord. No. 8433, ~ 1, 5-19-75) Sec. 28-60. 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 Salina Police Department and the certification by the chief of police or his designee that the licensee or per- mittee 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. (Ord. No. 8433, ~ 1, 5-19-75) Sec. 28-61. Unlawful acts. It shall be unlawful for any licensee or permittee to: (a) Hinder or interfere with any investigation under the jurisdiction of the Salina Police Department. (b) Fail to report immediately to the Salina Police Depart- ment violations of city, state or federal laws which constitute felonies or breach of peace coming to his attention. Provided, this section shall not apply to those violations coming to the attention of the licensee or per- mittee while on his client's business for which the client does not wish to pursue. Supp. No. 20 1199 ~ 28-61 SALINA CODE ~ 28-63 (c) Draw or discharge a firearm in the performance of his duties except when necessary to protect himself or someone else from great bodily harm. (d) Fail to notify the Salina Police Department of any arrests and fail to turn such person over to the Salina Police Department. Provided, the licensee or permittee, upon refusal to the Salina Police Department to take custody of the subject, may turn the individual over to any law enforcement agency having legal jurisdiction. (e) Represent himself to be a member of the Salina Police Department. (f) Willfully suppress facts that pertain to any violation of city, state or federal law. (Ord. No. 8433, S 1, 5-19-75) Sec. 28-62. Change in personnel. (a) Whenever an agent or employee of a merchant police service is discharged, or resigns, for any reason, his employer shall immediately notify 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 Salina Police Depart- ment of the reasons for dismissal, or resignation, 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 per- mit and his identification 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 remainder of the year, the identification card and permit may be reissued to him without charge. (Ord. No. 8433, S 1, 5-19-75) Sec. 28-63. 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 said vehicle shall be immediately reported to the city clerk who shall forward a copy to the chief of police. (Ord. No. 8433, S 1, 5-19-75) Supp. No. 20 1200 e e fa ~ 28-64 POLICE ~ 28-67 Sec. 28-64. 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. (Ord. No. 8433, ~ 1,5-19-75) Sec. 28-65. Bond. The applicant for license hereunder shall file a bond by a surety authorized to do business in the State of Kansas 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 of Salina 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 the business of merchant police serv- ice. Said bond shall be approved as to form by the city attorney. (Ord. No. 8433, ~ 1,5-19-75) Sec. 28-66. Marking of vehicles. Any vehicle used by a merchant police service or merchant policeman while performing the duties 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 of Salina or any other govern- mental law enforcement agency. (Ord. No. 8433, ~ 1, 5-19-75) Sec. 28-67. Radio equipment in vehicles. Any vehicle used by a merchant police service or merchant policeman while performing the duties 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 communications from and to the police department of the City of Salina. (Ord. No. 8433, ~ 1, 5-19-75) Supp. No. 20 1201 ~ 28-68 SALINA CODE ~ 28-68 Sec. 28;.68. Red lights and sirens. Any vehicle used by a merchant police service or merchant policeman while performing the duties for which he is licensed or for which he has obtained a permit under this article shall not operate any flashing red lights or sirens, if any, equipped on said vehicle within the City of Salina. (Ord. No. 8433, ~ 1, 5-19-75) [The next page is 1221] Supp. No. 20 1202 e e e Chapter 29 POLICE COURT* Art. I. In General, ~~ 29-1-29-19 Art. II. Bondsmen, ~~ 29-20-29-38 Article I. In General Sec. 29.1. Witnesses; fees and costs. It shall be the duty of the police judge to summon all per- sons whose testimony may be deemed material as witnesses at the trial of any case in police court, upon the request of either party of the case, and to enforce the attendance of such witnesses by attachment when necessary. All process issued to secure the attendance of witnesses as herein pro- vided may be served in any part of Saline County, as provided by K.S.A. 13-609. If any trial shall be continued, the court may verbally notify such witnesses as may be present at the continuance to attend before him to testify in such case at the time to which the case is continued, and such verbal notice shall be valid as a subpoena. Witnesses shall receive for each day's attendance at such court the sum of one dollar ($1.00) per day, and nine cents ($0.9) per mile for each mile actually and necessarily traveled in going to and re- turning from the place of attendance: Provided, that no witness who resides in the city shall be entitled to any such mileage. Such witness fees, mileage and costs of serving any process shall be taxed as costs in the case and assessed against the defendant when convicted, the same as in state cases. All witness and mileage fees must be claimed by the filing of a verified demand therefor before the witness leaves the place of trial after attending in response to any subpoena or order. No police officer shall be entitled to any fee as a wit- ness in police court. Costs incurred on the part of the city shall be paid by the city if the defendant is convicted and *Cross references-Police court now designated as municipal court. ~ 29-15; g-eneral penalty for violating this code of ordinances, ~ 1-8; police judge declared within department of law, ~ 2-94(1) (c): powers and duties of police judge, ~ 2-109; police department. Ch. 28. Gupp. No.6 1221 ~ 29-1 SALINA CODE ~ 29-4 shall be unable to pay the judgment against him. When the defendant is convicted, no costs incurred on his part shall be paid by the city. If it shall appear to the police judge that the prosecution of any case has been instituted without probable cause or from malicious motives, he shall state the name of the person responsible for such prosecution in his findings, and shall adjudge the costs of the case against such person, and shall commit such person to jail until such costs are paid or secured to be paid. (Code 1960, S 10-201) State law references-Witnesses and fees, K.S.A. 13-609; mileage, K.S.A. 75-3203. Sec. 29-2. Search warrants generally. The judge of the police court shall have the power and authority to issue search warrants based upon probable cause as shown to him to exist, or upon the signed and sworn state- ment of the city attorney or assistant city attorney that there is probable cause to believe that an offense against this Code or ordinances of the city is being committed on the premises to be searched, clearly identifying the said premises. (Code 1960, 9 10-208) Sec. 29-3. Warrants to search for stolen property or alcoholic beverages-Authorized. Upon complaint being made on oath, charging that any personal property under the value of fifty dollars ($50.00) has been stolen or embezzled, or that alcoholic beverages are being kept in violation of law, and that complainant suspects that such property or beverages are concealed in any par- ticular house or place, if the judge of the police court shall be satisfied that there are reasonable grounds for such sus- picion, he shall issue a warrant to search for such property or beverages. (Code 1960, S 10-202) Cross reference-Alcoholic beverages generally, Ch. 6. . Sec. 29-4. Same-Direction and command. A search warrant shall be directed to any police office:" of the city and shall command him to search the place where sueh property is suspected to be concealed, in the daytime. ::< t1 ~ " ; 1. r-; l ). I ; ] '~'2 '.~ e e e 9 29-4 POLICE COURT 9 29-8 which place shall be designated and the property particularly described in such warrant, and to bring such property before the judge of the police court. (Code 1960, 9 10-203) Sec. 29-5. Clerk-Position created; appointment. There shall be a clerk of the police court who shall be appointed by the city manager and shall serve at his pleasure. Sec. 29-6. Same-Duties. The clerk of the police court shall take bonds and cash deposits, collect fines and costs, keep the records of the court as required by the police judge, and perform such other duties as may be assigned by the police judge and city manager. In the absence of the clerk, the city manager may designate some person to take bonds. Sec. 29-7. Working of prisoners; credit against fine and costs. Whenever any able-bodied male prisoner is confined in the city jail after having been convicted of the violation of any provision of this Code or ordinance of the city, and is confined in punishment therefor, the chief of police shall, under the direction of the city manager, compel such person to work at hard labor eight (8) hours of every working day: Pro- vided however, that the provisions of this section shall not apply to any prisoner physically unable to work. Any such prisoner so working shall be credited with five dollars ($5.00) per day on his fine and costs, and when the fine and costs are satisfied by such work he shall be discharged from cus- tody. (Code 1960, 9 10-204) State law reference-For similar provisions, see K.S.A. 62-2109. Sec. 29-8. Confinement, supervision of working prisoners. Any person confined in the city prison and when at work, pursuant to section 29-7, may be secured by such chains, guards or other means of confinement and restraint a1'\ may be necessary to prevent his escape and the chief of police may place such prisoner in the care of any policeman or the street superintendent during the time he may be emplo.ved at such labor and compel him to work under their care and direction. (Code 1960, ~ 10-205) Nu. F 1')')') . --~~.) ~ 29-9 SALINA CODE ~ 29-15 Sec. 29-9. Refusal of prisoners to work. If any person liable to be set to work under the provisions of this article shall refuse to work when required he shall be kept in close confinement and be fed on bread and water only until he shall consent to work. (Code 1960, ~ 10-207) Sec. 29-10. Prisoner's meals. The chief of police shall cause each prisoner during his imprisonment to be fed two (2) meals per day, if not working, and three (3) meals per day if working, of plain and whole- some food at the expense of the city. (Code 1960, ~ 10-206) Sec. 29-11. Position of parole officer created. The position of parole officer for the police court is hereby created. (Ord. No. 6812, ~ 1, 9-14-64) Sec. 29-12. Appiontment of parole officer. The parole officer shall be appointed by the mayor, by and with the consent of the board of commissioners. (Ord. No. 6812, ~ 2, 9-14-64) Sec. 29-13. Duties of parole officer. The duties of the parole officer shall be to assist the judge of the police court in having the provisions of paroles and probations fully complied with, and to perform such other duties as may be ordered and prescribed by the judge from time to time. (Ord. No. 6812, ~ 3, 9-14-64) Sec. 29-14. Salary of parole officer. The parole officer shall receive for his services such salary as the board of commissioners may from time to time de- termine. (Ord. No. 6812, ~ 4, 9-14-64) Sec. 29-15. Police court designated as municipal court. The police court of the City of Salina, Kansas, be and the same is hereby designated as the "Municipal Court of the City of Salina, Kansas." (Ord. No. 7065, ~ 1,6-17-68) Amendment note-Ord. No. 7065, ~ 1, amended this Code by adding- ~~ 29-15-29-19. The catchlines were added by the editors. supp. No.6 1224 e e e S 29-16 POLICE COURT S 29-19 Sec. 29-16. Judge designated as municipal judge. The judge of said municipal court of the City of Salina. Kansas, shall be designated and known as the "Judge of the Municipal Court" or the "Municipal Judge". (Ord. No. 7065, S 1, 6-17-68) Note-See amendment note following ~ 29-15. See. 29-17. Jurisdiction of municipal judge and court. The municipal judge and the municipal court shall have the same jurisdiction, powers and duties provided by Chapter 13. Article 6, of the Kansas Statutes Annotated, and the sections of the Code of the City of Salina, Kansas, now applicable to the police court and police judge. (Ord. No. 7065, S 1, 6-17-68) Note-See amendment note following ~ 29-15. Sec. 29-18. Code sections referring to police court or judge applicable to municipal court and judge. All sections of the Salina Code which now make reference to the police court or police judge shall hereafter be applicable to the municipal court and municipal judge, respectively, to the same extent as if said sections were amended by the insertion of the word "Municipal Court" in all sections which refer to the police court and the word "Municipal Judge" in all sections which refer to police judge. (Ord. No. 7065, S 1, 6-17-68) Note-See amendment note following ~ 29-15. Sec. 29-19. Court costs. (a) For each violation of any of the prOVISIOns of the Salina Code, except for all parking violations not requiring a court appearance, there is hereby established court costs in the amount of four dollars ($4.00) to be paid by each defendant upon conviction or a plea of guilty in the municipal court. (b) The municipal judge may establish and assess court costs in those cases where a complainant fails to prosecute or where a complaint is dismissed on the motion of the city. (Ord. No. 7067, S 1, 6-24-68) Amendment note-Ord. No. 7067, ~ 1, amended this Code by adding ~ 29-19. supp. No. 10 1225 ~ 29-20 SALINA CODE S 29-23 Article H. Bondsmen Sec. 29-20. License required. No person, firm or corporation, other than a surety com- pany authorized to do business in the State of Kansas by the state insurance commissioner, shall demand or receive compen- sation for becoming or providing surety on any bail bond, recognizance bond, appeal bond, or other court bond unless such person, firm or corporation shall have a license issued by the City of Salina. (Ord. No. 7066, ~ 1, 6-17-68) Amendment note-Ord. No. 7066, ~ 1, amended this Code by adding ~S 29-20-29-38. Sec. 29-21. Presumption of receiving compensation. Any person, firm or corporation, other than a surety com- pany authorized to do business in the State of Kansas by the state insurance commissioner, who shall within one (1) cal- endar year execute or file three (3) or more bonds, as enum- erated in section 29-20 hereof, shall be presumed to be receiv- ing compensation therefor, and the said person, firm or corporation shall have the burden of providing by a preponder- ance of evidence that no compensation has been or is to be received. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following ~ 29-20. Sec. 29-22. License required of agent or employee. It is further provided that any person who acts in writing bonds as the agent or employee of any person, firm or cor- poration licensed under the provisions of this chapter, shall have a license issued by the City of Salina. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following ~ 29-20. Sec. 29-23. Application for license; contents. Any person desiring to secure a license under the provision of this chapter shall make a verified application in dupli- cate, both of which copies shall be filed with the city clerk, such application shall be upon a form provided by the city clerk and shall contain: Supp. No. 10 1226 e e e ~ 29-23 ;:\ 29-24 POLICE COURT (a) The name and residence of the applicant and how long he has resided within Saline County, Kansas. (b) 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 five (5) years im- mediately preceding making application been convicted of a felony or any crime involving moral turpitude. (C) The location and legal description of the real property which will be pledged by the applicant as security for the bonds, and whether said real property is encumber- ed and the amount of the encumberance, if any. (d) The applicant shall file with this application a veri- fied 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 Ap- praisers or by a member of the Salina Real Estate Board. (e) 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 instrument to the City of Salina, Kansas, on the real property which is to be pledged by the ap- plicant, which instrument shall be recorded in the Office of the Register of Deeds of Saline County, Kan- sas, and certified to the city clerk. (f) If certificates of deposit, savings accounts or govern- ment bonds are to be pledged by the applicant as S2- curity for the bail bonds, then the applicant shall de- liver to the city clerk, with said application, the se- curities or passbooks evidencing the same. (Ord. No. 7066, ~ 1, 6-17-68; Ord. No. 8090, 9 1, 6-29-70) Amendment note-Ord. No. 8090, ~ 1, amended ~ 29-23 by revising subsection (e) to include title insurance policies and security instru- ments, and by adding subsection (f). See also amendment note following- ~ 29-20. Sec. 29.24. Applicant to be fingerprinted. No application for the ifsuance of a license as herein pro- vided shall be granted unless the applicant be fingerprinted at Supp. No. 10 1227 ~ 29-24 SALINA CODE ~ 29-25 police headquarters, said fingerprints to be forwarded to the United States Department of Justice. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following ~ 29-20. Sec. 29-25. Examination of application; denial of license to certain persons; issuance of license. If the application for a license is in proper form and accom- panied by the license fee as provided in section 29-26, the board of commissioners shall examine the application not later than the second regular meeting following the filing of the application. After examining the application, the board of commissioners, if they approve the same, shall issue a license to the applicant, provided, that no license shall be issued to: (a) A person who is not a resident of Saline County, Kan- sas, and who has not been a resident in good faith of Saline County, Kansas, for at least one (1) year prior to the filing of the application. (b) A person who is not a citizen of the United States. (c) A person, who, within five (5) years immediately preceding the date of making application, has been convicted of a felony or of any crime involving moral turpitude. (d) A firm, unless one of the members of the firm is a resident of Saline County, Kansas, and has resided in said county for more than one (1) year preceding the filing of the application for the license, and unless all the members of the firm shall otherwise, excepting residence requirements, be qualified to obtain a license. (e) A corporation, if any manager, officer or director thereof or any stockholder owning in the aggregate more than twenty-five per cent (25%) of the stock of such corporation, would be ineligible to receive a license hereunder for any reason other than nonresi- dence with the county; provided however, that .at least one (1) manager, officer, director, shall comply with the requirements of subsection (a) above. Supp. No. 10 1228 e ~ 29-25 POLICE COURT ~ 29-26 A person, firm or corporation who shall have any un- satisfied forfeiture or judgment thereon entered on any bail bond in any court of the City of Salina, Kansas, or the State of Kansas, or the United States of America. A person, firm or corporation 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). The action of the governing body of the city upon such license application shall show upon the minutes of the com- mission meeting. If the license is granted, the board of com- missioners shall direct the license collector 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. (Ord. No. 7066, ~ 1, 6-17-68; Ord. No. 8091, ~@ 1, 2, 6-29-70) (f) (g) e Sec. 29-26. Fees; full amount to be paid; no rebate. There are hereby prescribed the following license fees for persons, firms or corporations who are covered by the terms of this chapter: e (a) Persons, firms or corporations who demand or receive directly, or indirectly, compensation for becoming or providing surety on any bond, as provided for in section 29-25 _____________________________________________________$30.00 (b) Any person who shall act in writing bonds as the agent or employee of any person, firm or corporation licensed under the provisions of this chapter -------------_____$10.00 The full amount of the license fee shall be paid regardless of the time of the year the application is made, and the licen- see shall operate under the license for the remainder of the calendar 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 chap- ter. (Ord. No. 7066, ~ 1,6-17-68; Ord. No. 8396, ~ 1, 11-25-74) Supp. No. 19 1229 ~ 29-27 SALINA CODE ~ 29-29 Sec. 29-27. Revocation; grounds for. The board of commissioners, upon five (5) days written notice to the person holding any license under the provisions of this chapter, shall revoke such license for any of the follow- ing reasons: (a) If a licensee has fraudulently obtained the license by giving false information in the application therefor; (b) If the licensee has been convicted in the municipal court of Salina, Kansas, of violating any of the terms of this chapter; (c) If the licensee has become ineligible to obtain a license under the provisions of this chapter. (Ord. No. 7066 A 1, 6-17-68) Sec. 29-28. Suspension of license for violations not justifying 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 provisions of this chapter, 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 chapter, which violation does not in his judgment justify a recommendation of revocation; 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. (Ord. No. 7066, ~ 1, 6-17-68) Sec. 29-29. List of licensees and fee schedules; posting. The chief of police shall maintain a list of persons, firms, or corporations licensed under the provisions of this chapter. He shall post a copy of said list in a conspicuous place in the booking rooms in the police station and a copy of said list on the wall adjacent to the telephone in the jail on the second floor of the police station. Said list shall contain, after the name of the person, firm or corporation licensed, the tele- phone number of each licensee. Said list shall be changed each week and the names and telephone numbers of the licensees Supp. No. 19 1230 e e e S 29-29 POLICE COURT S 29-32 rotated in such a manner so as to insure that no licensee shall receive any advantage by reason of said licensees' name and telephone number appearing first on the list. 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, firms or corporations licensed under the provisions of this chapter and their telephone numbers as herein provided. This section shall not be construed as setting the fees of the licensees and said licensees may charge such fees as they may desire so long as said fee is within the limits set forth in the schedule of fees furnished to the chief of police by said licensee as herein provided. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following S 29-20. Sec. 29-30. Licensee not to enter police department without previous request. No licensee shall enter the police department for the pur- pose of obtaining employment as a bondsman, without having previously been called by a person in custody or by an attorney or some other person acting in behalf of the person in custody. (Ord. No. 7066, ~ 1, 6-17-68) Note-See amendment note following ~ 29-20. Sec. 29-31. Licensee not to solicit business at police depart- ment. No licensee shall personally or otherwise solicit business, in, at or near the police department. (Ord. No. 7066, ~ 1, 6-17-68) Note-See amendment note following ~ 29-20. Sec. 29-32. Licensee not to loiter in courtroom or police de- partment. No licensee shall 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 business shall immediately leave the police department. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following S 29-20. Supp. No. 10 1231 S 29-33 SALINA CODE S 29-37 Sec. 29-33. Licensee not to give legal advice or require em- ployment of particular attorney. No licensee shall offer or give legal advice to his client, or attempt to foretell or predict to said 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 attorney is to be retained. (Ord. No. 7066, S 1, 6-17-68) Note--See amendment note following S 29-20. Sec. 29-34. Licensee to sit in spectator section of courtroom. Any licensee hereunder who shall be present in the court- room in the police department while court is in session shall sit back of the railing in the chairs provided for spectators. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following S 29-20. Sec. 29-35. Licensee not to recommend particular attorney. No licensee shall recommend, directly or indirectly, any par- ticular lawyer to any client for whom a bond has been executed. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following S 29-20. Sec. 29-36. Licensee not to refer client to particular attorney or obtain authorization for attorney to represent client. No licensee shall, directly or indirectly, refer any bail bond client to any particular lawyer nor shall any licensee here- under obtain from any bail bond client any auhorization which authorizes a lawyer to represent or plead guilty in court the person for whom a bond has been furnished. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following S 29-20. Sec. 29-37. Referral of bail bond business for compensation prohibited except by licensed agent or employee. No licensee shall, 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 busi- Supp. No. 10 1232 e e e S 29-37 POLICE COURT S 29-39 ness or clients to or for said licensee except [unless] said person be licensed as an agent or employee of said licensee under the provisions of this chapter. (Ord. No. 7066, S 1, 6-17-68) Note-See amendment note following ~ 29-20. Sec. 29-38. Sale or acquisition of property by licensee; notice. Any licensee who shall encumber, sell, or otherwise dispose of any property listed in his application for a license, shall forthwith notify in writing the license collector of the encum- brance, sale or disposal. In the event the licensee acquires other property to be used as security for bonds, the licensee shall furnish to the license collector a verified appraisal thereof, all as required in section 29-23. (Ord. No. 7066, S 1, 6-17-68) Note--See amendment note following ~ 29-20. Sec. 29-39. Limitation on amount of outstanding bail bonds. It shall be unlawful for any licensee to execute and have outstanding at anyone time bail bonds which exceed: (a) the actual value of the certificate of deposit, savings accounts or government bonds pledged as security; or (b) seventy-five (75) per cent of the equity value of the real estate pledged as security. Violation of this provision shall be grounds for revocation of license. (Ord. No. 8092, S 1, 6-29-70) Amendment note-Ol'd. No. 8092, S 1, added ~ 29-39 to this Code. Supp. No. 10 [The next page is 1249] 1233 e Chapter 30 PUBLIC UTILITIES* e Sec. 30-1. Tampering with electric or gas meters, wires, pipes. Every person who shall, without authority, turn on, unseal or open an electric or gas meter or service 01' in any way tamper with any electric wires or gas pipes or meters owned by any individual, company or corporation supplying gas or electric current to the city or its inhabitants, or who shall attach thereto any contrivance, mechanism or device what- soever, so as to prevent, or which may be designed or in- tended to prevent, the whole quantity of gas or electric current supplied to any consumer at meter rates from passing through and being measured by the meter provided for such pur- poses, and every consumer of gas or electric current at meter rates who shall knowingly permit the :.-ame to be done for his or her benefit, or for the benefit of any association or corporation in which he or she may have any interest shall be guilty of a misdemeanor. (Code 1960, ~ 24-101) Sec. 30-2. Taking gas or current not passing through meter. Every consumer of gas or electric current at meter rates who shall, by means of any contrivance, mechanism or de- vice whatsoever, knowingly take or use R.ny gas or electricity without the whole quantity so taken or used having passed through and been measured by a meter provided for such purpose shall be guilty of a misdemeanor. (Code 1960, S 24-102) Sec. 30-3. Unlawful device as prima facie evidence against consumer. Proof of the existence of any contrivance, mechanism or device which prevents or which may be designed or intended to prevent the whole quantity of gas or electric current sup- e *Cross references-Posting advertising on utility poles, ~ 3-3; wires in streets regulated, ~. 32-42 et seq.; removal of wires during building moving operations, ~ 32-80; excavations by public service corporations, ~ 32-255; for franchises, see Appendix E of this code. 1249 ~ 30-3 SALINA CODE ~ 30-6 plied to any consumer at meter rates from passing through and being measured by a meter provided for ::lUch purpose on the premises of any consumer of gas or electricity at meter rates, shall be prima facie evidence that such consumer knew of the existence thereof, and that he was knowingly taking and using gas or electric current, as the ca'Se may be, with- out the same having wholly passed through and been meas- ured by a meter provided for such purpose. (Code 1960, S 24-103) Sec. 30-4. Company's right of entry and inspection. The servants and employees of every company or corpora- tion supplying gas or electric current to the city or its in- habitants shall have the right at all rea'Sonable 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 cor- rectly measuring the whole quantity of gas or electric current 'Supplied to such consumer and a denial of such right of in- spection during reasonable 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 be- ing measured by a meter provided for that purpose. (Code 1960, S 24-104) Sec. 30-5. 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 apparatus. Sec. 30-6. Discontinuing service if gas or electricity, fraudu- lently taken. The individual, company or corporation supplying gas or electric current will not be bound to furnish either gas or electric current to the person convicted of fraudulently taking gas or electric current. (Code 1960, S 24-105) 1250 e ~ 30-7 PUBLIC UTILITIES ~ 30-10 Sec. 30-7. 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 com- panies or corporations doing business in the city, to keep such poles painted to the satisfaction of the city manager. (Code 1960, ~ 24-106) e Sec. 30-8. Poles prohibited in certain district. It shall be unlawful for any person, company or corporation 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 said limits. (Code 1960, ~ 24-102) Sec. 30-9. Underground wires required where poles prohibited. All telegraph, telephone and cable tE'levision lines con- structed along or across any 'Street, avenue or alley in the territory described in section 30-8, shall be placed under- ground and in compliance with direction~ of the city engineer: Provided, that this section shall not be construed to prevent additional cables and lines being placed on pole>: in use prior to January 1, 1910. (Code 1960, ~ 24-109) e Sec. 30-10. Trimming of trees, branches. Where trees and branches extending over the streets, ave- nues and alleys of the city obstruct and prevent the proper construction and operation 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 1251 ~ 30-10 SALINA CODE ~ 30-10 to permit the proper construction and operation of such lines, 'Such trimming, however, to be done under the direction and 'Supervision of the superintendent of streets and in such man- ner as not to unnecessarily injure or impair the life and appearance of such trees. (Code 1960, ~ 24-111) [The next page is 1277] 1252 e Chapter 31 REFUSE* Art. I. Reserved. fifi 31-1-31-10 Art. II. City Collection Service, fifi 31-11-31-34 Art. III. Refuse Sanitation, fifi 31-35-31-61 Art. IV. Private Haulers, fifi 31-62-31-74 Art. V. Solid Waste Disposal Area, fifi 31-81-31-85 Article I. Reserved Sees. 31-1-31-10. Reserved. Article II. City Collection Service e Sec. 31-11. Definitions. For the purpose of this article: Commercial dwelling shall mean a building or portion thereof designed for or occupied by four (4) or more families as a residence. Commercial enterprises shall mean a person engaged in the operation of a commercial enterprise 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. Dwelling unit shall mean the enclosure, building or portion thereof occupied by one or more persons for and as living quarters. Multiple dwellings shall rheanabtiilding designed for or occupied by more than one family and less than four ( 4) families. e .Cross references-For creation and composition of refuse depart- ment, see ~ 2-94(2).(d); for appointment and duties of superintendent of refuse, see ~ 2-119; garbage facilities in n;lObile homes. and mobile home courts, ~ 21-32; littering prohibitedgenel'ally, ~ 23"~2; deposit- ing-refuse in parks. prohibited, ~ 21)-4. Supp. No. 17 1277 ~ 31-11 SALINA CODE ~ 31-17 Single family dwelling shall mean a building designed for and occupied by one family. Sec. 31-12. Santitation department created; to collect refuse. There is hereby created a sanitation department within the department of services of the city to provide facilities for the systematic collection and disposal of refuse, as defined herein, from all households, commercial establishments and other premises within the city at such times and in the manner hereinafter provided. The city, by its sanitation department, shall have the exclusive right to collect and dispose of all refuse produced within the city limits except as otherwise provided herein. Sec. 31-13. Appointment of superintendent of sanitation. There shall be appointed by the city manager a superin- tendent of sanitation. Sec. 31-14. Superintendent to administer collection. The superintendent of sanitation shall have the duty of administering and supervising the collection of refuse from those premises served by the sanitation department. Sec. 31-15. Superintendent to supervise landfills. The superintendent of sanitation shall have the duty of supervising the operation of all city sanitary landfills. Sec. 31-16. Other duties of superintendent. The superintendent of sanitation shall perform such other duties. as the city manager may from time to time assign to him. -J Sec. 31-17. Service charges established. City refuse collection service shall be available to the house- holders and occupants of residential premises for the follow- ing charges to be paid monthly to the city as hereafter Supp. No. 17 1278 e e e ~ 31-17 REFUSE fi 31-20 provided:. Each dwelling, or household, unit served by the sanitation department for at least once a week collection, three dollars and seventy-five cents ($3.75) per month. Charges for partial month service shall be at the rate of twelve and one-half cents ($0.1215} per day, provided the minimum fee for starting and stopping service for any period less than one month shall be three dollars and seventy-five cents ($3.75). (Ord. No. 7089, ~ 1, 10-7-'68; Ord. No. 8305, ~ 1, 7-17-73; Ord. No. 8654, ~ 1, 8-28-78) Sec. 31-18. Billing for service charges; when due and pay- able. The charges heretofore required to be paid 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. Sec. 31-19. When bills delinquent; discontinuing 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 without 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 bilI. In the event of such discontinu- ance, service shall not be resumed until the accumulated de- linquent fees have been paid. Sec. 31-20. Contracts for service to dwellings. Owners, householders or occupants of residential dwellings of not more than three (3) units not receiving water service from the city, but reside within the limits of the city, may contract for refuse collection service by the city. Service fees as established in section 31-17 shall apply. Said owner. Supp. No. 24 1279 G 31-20 SALINA CODE ~ 31-35 householder or occupant served by the city shall be billed on a monthly basis by the water and sewerage department for the refuse collection services. Sec. 31-21. Handling of funds. The water and sewerage department shall furnish the city treasurer the first of each month, a record of the amount of the previous month's billing for refuse collection service. The city treasurer shall transfer from the water and sewerage department fund to the sanitation department fund the net amount of said billings. Provided, the sanitation department shall annually refund to the water and sewerage department fund all refunds made on accounts for refuse collection serv- ice as well as all uncollected accounts for refuse collection service which have been charged off. Sec. 31-22. Capacity, weight of containers. Where the sanitation department makes collections, no con- tainer shall exceed thirty-two (32) gallons capacity, and the combined weight of the container and contents shall not ex- ceed one hundred (100) pounds. Sec. 31-23. Authority to adopt regulations. The sanitation department is authorized to adopt and pro- mulgate additional rules and regulations as may be necessary to supplement the provisions of this article. Secs. 31-24-31-34. Reserved. ARTICLE III. REFUSE AND SANITATION Sec. 31-35. Definitions. For the purpose of this article: Ashes mean residue from the burning of wood, coal, coke, or other solid combustible materials. Supp. No. 24 1280 e ~ 31-35 REFUSE ~ 31-35 Authorized collector of refuse means any person duly quali- fied and operating under a license issued by the city as pro- vided for in this Code or the ordinances of the city, or said licensee's duly authorized agent. Commercial dwelling means a building or portion thereof designed for or occupied by four (4) or more families as a residence. Commercial enterprise means a person engaged in the oper- ation of a commercial enterprise and such commercial enter- e e Supp. No. 17 1280.1 e S 31-35 REFUSE S 31-38 prises shall include the following: Boardinghouses, rooming houses, hotels, restaurants, motels, trailer courts, public build- ings, retail stores, schools, churches, hospitals, wholesale houses and all other users commonly designated as commercial or business. Garbage includes every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing 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. Refuse means all putrescible and nonputrescible solid wastes except body wastes. Refuse includes garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes. e Rubbi8h means nonputrescible solid wastes except ashes. Rubbish consists of both combustible and noncombustible materials, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, metals, and similar objects. Sec. 31-36. General duties of occupants. Every occupant or occupants of any dwelling, premises or commercial establishment shall keep his premises in a clean and sanitary condition and free from any accumulations of refuse, and each occupant of any such premises shall dispose of all refuse in a clean and sanitary manner in accordance with the minimum requirements set forth in this Code. Sec. 31-37. 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. e Sec. 31-38. Who may collect and dispose of refuse. All refuse accumulated within the city shall be collected, conveyed and disposed of by an authorized collector of refuse, the city, or persons authorized to dispose of their own refuse. 1281 ~ 31-39 SALINA CODE ~ 32-42 Sec. 31-39. Frequency of collection. Any and all refuse shall be collected and removed from all premises at least once every ten (10) days. Where storage of unwrapped, undrained garbage or swill is permitted, accu- mulation shall not exceed two (2) days. Sec. 31-40. Removal by city if person responsible fails. Failure of the property owner, his authorized agent, tenan~, 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 section 15-3 of this Code. Sec. 31.41. Disposal from unoccupied premises. It shall be the responsibility of the property owner or his authorized agent to cause to be collected and disposed of all refuse accumulated at or on any unoccupied premises within the corporate limits of the city not later than seven (7) days following vacation of the premises. Upon failure of the prop- erty owner or his authorized agent to dispose of 'Such refuse within the required seven (7) days following vacation of premises, the health officer shall attempt to notify the prop- erty 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 premise'S within forty-eight (48) hours. Inability to contact the property owner or his authorized agent, or failure of the property owner or his authorized agent to dispose of the accumulated refuse as ordered, shall be cause for the health officer to order the refuse collected and disposed of in accordance with section 15-3 of this Code. Sec. 31-42. Construction, size, number of containers. Containers used for unwrapped, undrained garbage or swill shall be (1) watertight, (2) provided with tight-fitting lids or covers and shall, unless kept in a special vermin-proofed room or enclosure or in a waste refrigerator, be kept covered when stored or not in continuous use, (3) rust resistant, (4) 1282 e e e ~ 31-42 REFUSE ~ 31-47 structurally strong to withstand handling stress, (5) easily filled, emptied and cleaned, (6) furnished with side handles or a bail, (7) shall not be less than ten (10) gallons minimum capacity, not more than thirty-two (32) gallons maximum capacity, (8) weight when filled shall not exceed one hundred (100) pounds, including container and contents. Provided, con- tainers of larger capacity, designed to be lifted and emptied by attachment to the collection vehicle may be approved for use by the health officer. There shall be a sufficient number of containers to hold all of the garbage and rubbish containing food waste which accumulates between periods of removal from the premises. Sec. 31-43. Cleaning of containers. All containers used for the storage of garbage shall be washed and/or cleaned often enough to prevent the accumu- lation of putrescible materials or persistent odors, thereby eliminating attractants for vermin. The owner of the con- tainer shall be responsible for cleaning and maintaining it. Sec. 31-44. Storage to be inaccessible to vermin, 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 ap- proved by the health officer. Sec. 31-45. Adequacy of storage facilities. Storage facilities shall be adequate for the proper storage of all garbage and rubbish. Cross reference-Construction, size, number of containers, ~ 31-42. Sec. 31-46. Cleanliness of storage areas. Storage areas shall be clean and shall not constitute a nuisance. Sec. 31-47. Storage by commercial enterprises. (a) Storage rooms or enclosures used by commercial enter- prises shall be constructed of easily cleanable, washable ma- terials and shall be vermin proofed. The floors, and the walls 1283 ~ 31-47 SALINA CODE ~ 31-51 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 as described in section 31-42, and accumulation shall not exceed two (2) days. Provided further, such containers shall be thoroughly washed and/or cleaned as provided in section 31-43. Sec. 31-48. 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 enterprises. Sec. 31-49. Prevention of spillage from containers. All containers whether used for garbage, rubbish or both shall be stored, housed, enclosed or secured so as to prevent spillage by wind or animals. Lids or covers unless permanently attached to container shall be secured to the storage rack or apparatus, unless containers are stored inside a room. Sec. 31-50. Burning garbage. No garbage or other materials described herein as garbage, shall be burned at any time except in an incinerator or other appliance constructed specifically for such purposes and ap- proved by the fire department, and equipped with a flue, chimney, or smokestack which will carry the smoke and odors therefrom above surrounding rooftops. Cross reference-Open fires generally, ~ 12-147. Sec. 31-51. Unusual situations. In situations which are not contemplated or considered by the terms and conditions of this chapter, the health officer shall have the power and the authority to grant special rights 1284 e e e ~ 31-51 REFUSE ~ 31-62 and privileges on a temporary basis for the collection, hauling and disposal of trash and garbage where such special privi- leges are required in order to maintain the health and sani- tation of the city and its inhabitants or such rights and privi- lege is required to avoid the creation of a public nuisance. Sees. 31-52-31-61. Reserved. ARTICLE IV. PRIVATE HAULERS* Sec. 31-62. License required; exemptions. It shall be unlawful for any person to collect, transport or haul on any streets or alleys in the city or dispose in any. manner any refuse accumulated in the city without first hav- ing obtained a refuse hauler's license as hereinafter described: Provided', this section shall not be construed to apply to the following: Sec. 31-62(1). The sanitation department or other depart- ments of the city; Sec. 31-62(2). Any and all other governmental agencies; Sec. 31-62(3). To persons who collect and transport refuse produced on premises owned and/or occupied by said person; Sec. 31-62(4.). Builders, wrecking or demolition contractors, or other persons engaged in construction or similar occupations; Sec. 31-62(5). To persons, firms, or corporations engaged in the occupations known as tree trimmers or tree surgeons, agriculture, arboriculture, horticulture, gar- dening, lawn care, landscaping, nursery work, or sim- ilar occupations. Persons who are not required to obtain a license hereunder shall comply with all other sections of this article and such other regulations as are prescribed' by the health department for the transportation of refuse over and upon the streets and alleys of the city. .Cross reference--For licenses generally, see Ch. 20. Supp. No. 19 1285 ~ 31-63 SALINA CODE ~ 31-66 Sec. 31-63. Application for license required; approval. Each person required by this article to be licensed to collect or remove refuse within the city shall make application for such license with the city clerk. Upon approval of the health officer, said application shall be forwarded to the police de- partment for the vehicle to be inspected as to compliance with this Code, city ordinances and state statutes relating to equip- ment and operation of motor vehicles. Upon approval by the police department, said application shall be forwarded to the city clerk for issuance of the license as hereinafter provided. Sec. 31-64. Liability insurance required. A certificate of insurance shall show that the applicant is covered by an effective liability insurance policy issued by a solvent corporation authorized to do business within the State of Kansas and shall be issued with minimum limits of twenty- five thousand dollars ($25,000.00) -fifty thousand dollars ($50,000.00) for bodily injury and ten thousand dollars ($10,000.00) for property damage. Said insurance policy shall not be cancelled or terminated until at least twenty (20) days after a notice of cancellation of said insurance policy is received by the city clerk. Sec. 31-65. Issuance, contents of license. The license herein provided for shall be issued by the city clerk and shall be signed by the city manager and city clerk, with the corporate seal of the city affixed thereto, and shall recite the number of the license, the name of the person to whom issued, the amount paid for such license and a de- scription of the vehicle licensed; but no license shall be issued until the person applying therefor shall furnish to and file with the city clerk the receipt of the city treasurer showing the paYment of the amount required by this article to be paid for such license. Sec. 31-66. License fee established. Tde license fee shall be one hundred thirty-three dollars ($133.00) for each vehicle per year or any portion thereof. (Ord. No. 8397, ~ 1, 11-25-74) Supp. No. 19 1286 e ~ 81-67 REFUSE ~ 81-72 Sec. 81-67. Disposition of revenues. The city treasurer shall credit all the license fee revenue collected hereunder to the general fund. Sec. 81-68. Prorating fees prohibited; when licenses expire. No license shall be issued under this article for a less sum than the annual rates specified herein. Every such license when issued shall expire the following December thirty-first. Sec. 81-69. Revocation of licenses. All licenses issued under this article may be revoked by the board of commissioners upon the conviction of the licensee of having violated any of the provisions of this article. e Sec. 31-70. Age of licensees. No license required by this article shall be granted to any person under eighteen (18) years of age. Sec. 81-71. Registration decals for vehicles. Upon issuance of a license to collect or remove refuse within the city, the city clerk shall deliver to the licensee one refuse hauler decal bearing the number of the particular license for each vehicle licensed to haul refuse and the licensee shall securely attach such decal to the windshield of the licensed vehicle in such a manner that it shall be at all times clearly visible. e Sec. 31-72. Licenses not transferable; transfer of vehicle reg- istration. No license issued hereunder shall be assigned or transferred hy a person holding same as licensee. Such licensee may, however, change the registration of the vehicle operated under his license upon the following conditions: Sec. 31-72(1). The vehicle to be newly registered shall be inspected and approved by the police department and health officer in the manner hereinbefore provided. 1287 ~ 31-72 SALINA CODE ~ 31-73 Sec. 31-72(2). The registration of the vehicle theretofore operated under such license shall be surrendered. Sec. 31-72(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. Sec. 31-72(4). A certificate of liability insurance coverage as required in section 31-64 shall be filed with the city clerk for the vehicle to be newly registered. Sec. 31-73. Standards for transportation and vehicles. The following standards and requirements are hereby es- tablished as minimum for the sanitary transportation of refuse: Sec. 31-73(1). Every vehicle used for the transportation of refuse shall display a valid, unrevoked permit, issued by the city clerk, to transport refuse unless exempted as prescribed hereinbefore. Sec. 31-73(2). Every vehicle used for the transportation of refuse shall have a hauling body constructed of metal, or shall have a metal lining on the floor and all side walls. Sec. 31-73(3). Every vehicle shall be provided with a means of covering the refuse to be hauled and of keeping such refuse securely within the hauling body. The hauling body shall be provided with a tight metal hood having adequate 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, grommets and tie ropes and hooks whereby the cover can be held securely over the loaded refuse in a manner acceptable to the health officer. Sec. 31-73(4). Every vehicle shall be kept well painted, clean and in good repair. Sec. 31-73(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. Sec. .31-73(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 1288 e e e ~ 31-73 REFUSE ~. 31e81 vehicle has other uses the legend may be placed on a separate durable metal or wood plaque which shall be firmly fixed to the vehicle when used for refuse col- lection and transportation. Said legend shall be printed in letters no less than two (2) inches in height and one inch in width, and shall be clearly legible. Said legend shall include the name under which the ve- hicle is licensed. Sec. 31-73(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. Sec. 31-73(8). Whenever vehicles are to be used for the transportation of containers holding undrained gar- bage or swill the containers so carried shall be con- structed and maintained so as to prevent any splash, spillage, drippage or leakage of liquid. Sec. 31-73(9). Every vehicle licensed hereunder shall be properly maintained in good operating condition in order to provide dependable service to subscribers. Cross reference-Vehicles spilling loads prohibited, @ 32-1. Sec. 31-74. Additional regulations authorized. The health officer shall make, adopt and publish such rules as may be necesary to make this article effective and facili- tate the systematic collection, handling and disposal of refuse. Sees. 31-75-31-80. Reserved. Article V. Solid Waste Disposal Area * Sec. 31-81. Establishment of solid waste disposal area. That Section Seven (7), Township Fifteen (15), Range Three (3) West of the 6th P.M. in Saline County, Kansas, *Editor's note-Ord. No. 8306, @@ 1-5, adopted Sept. 17, 1973, is in- cluded herein as Art. V, @@ 31-81-31-85, at the discretion of the editors. Said ordinance did not expressly amend this Code. SuPp. No. 17 1289 ~;3!1l';81 SALINA CODE ~ 31-84 is hereby established as the solid waste disposal area for the City of Salina, Kansas, and shall be considered as the solid waste disposal area as the pharses used in this article. (Ord. No.. 8306, ..~. f,. 9-17-73) . Sec. 31-82. Use of solid waste disposal area. All persons, firms, or corporations and their agents, whose residence or places of doing business are within the corporate limits oLthe City of Salina or are within Saline County, Kansas, . shall be privileged to use the facilities of the solid waste disposal area upon payment of the established fees for the depositing or dumping of solid waste originating with the City of Salina or Saline County, Kansas. No persons, firms or corporations, other than those above designated, shall enter into or upon the solid waste disposal area or use the same for any purpose whatsoever and no solid waste except solid waste originating in the City of Salina or within Saline County shall be placed in the area. (Ord. No. 8306, ~ 2, 9-17-73) Sec. 31-83. Rules and regulations. All persons, firms and corporation or their agents, having the right to use the facilities of the solid waste disposal area as provided in this article shall abide by and conform with all the rules and regulations which may be adopted by the City of Salina, Kansas, in regards to the operation of said solid waste disposal area and with all instructions or orders of the persons authorized by the city to supervise dumping operations and with all signs and notices posted at the area. No persons, firms or corporations or their agents shall have the right to use the disposal area except during the hours specified by notice posted at the gate or entrance thereof. (Ord. No. 8306, ~ 3, 9-17-73) Sec. 31-84. Removal of objects. No persons, firms or corporations, or their agents, shall, except by written permission of the city, remove any article Supp. No. 17 1290 e ~ 31-84 REFUSE ~ 31-86 or object which has been deposited or dumped at the solid waste disposal area. (Ord. No. 8306, ~ 4, 9-17-73) Sec. 31-85. Establishment of service fees. The city shall from time to time, by resolution, establish fees for the use of said solid waste disposal area and said fees shall become effective upon publication of said resolution establishing fees in the official city paper. (Ord. No. 8306, ~ 5,9-17-73) Sec. 31-86. Temporary suspension or waiver of service fees. The governing body of the City of Salina, Kansas, may by resolution temporarily suspend or waive the collection of the service fees established by the City of Salina for the use of the solid waste disposal area. (Ord. No. 8315, ~ 1, 11-5-73) e e Supp. No. 21 [The next page is 1315] 1291 e Art. I. Art. II. Art. III. Art. IV. Art. V. Art. VI. Art. VII. Art. VIII. Art. IX. Art. X. Art. XI. Art. XII. e Art. XIII. Chapter 32 STREETS AND SIDEW ALKS* In General, ~Hl 32-1-32-22 Bench Marks and Grades, ~~' 32-23-32-36 Obstructions and Encroachments, ~~ 32-37-32-54 Obstructing Visibility at Intersections, ~ 32-55-32-69 Moving Buildings, ~~ 32-70-32-99 Numbering Buildings, ~~ 32-100-32-115 Driveway and Recessed Parking Areas, ~~ 32-116-32-168 Div. 1. General1Y, ~~. 32-115-32-140 Div. 2. Construction Requirements, ~~ 32-141-32-152 Div. 3. Width and Location, ~~ 32-153-32-168 Surfacing and Resurfacing Roadways, ~, 32-169-32-263 Div. 1. Generally, ~~ 32-169-32-189 Div. 2. Construction Requirements, ~~ 32-190-32-203 Concrete Work in Streets and Public Grounds, ~~ 32-204- 32-230 Service Pipes and Sewers Ahead of Paving, ~~ 32-231- 32-246 Excavations, ~~ 32-247-32-278 Railroad Crossings, ~~ 32-279-32-301 Div. 1. Generally, ~~ 32-279-32-285 Div. 2. Street Lights, ~~ 32-286-32-301 Snow and Ice on Sidewalks, ~~ 32-302-32-305 Article I. In General Sec. 32-1. Vehicles spilling load prohibited. Any person who shall haul over or through any of the streets, alleys or avenues loose material, dirt, manure, trash, slop or any other material of any kind except in a vehicle having a tight box or tank so constructed to prevent the splashing or spilling of any 'Substance therein contained upon any street, avenue or alley, shall be guilty of a misdemeanor. (Code 1960, SS 23-1128, 26-133) Cross reference--Standards for vehicles transporting refuse, ~ 31-73. *Cross references-For creation and composition of street depart- ment, see ~ 2-94(2)(b); for general duties of superintendent of streets, see ~ 2-111; for awnings, canopies and marquees, see ~ 9-39 et seq.; awnings, canopies and marquees projecting over alleys, ~. 9-50; signs projecting over certain streets prohibited, ~ 9-73; temporary banners, pennants, etc., over streets, ~ 9-74; hedges along streets and alleys regulated, ~ 9-350; fires prohibited on streets, ~ 12-148; traffic regula- tions, see Ch. 22; repairing and washing vehicles on streets prohibited, S 22-157. e 1315 ~ 32-2 SALINA CODE ~ 32-5 Sec. 32-2. Wooden culverts 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 wooden culvert 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 culvert or runway herein referred to being such as is com- monly used for the purpose of driving automobiles or other vehicles over the curb when no driveway entrance is cut into said curb. (Code 1960, S 26-1304) Sec. 32-3. Salt water prohibited on pavement. It shall be unlawful to pour, dump, place or throw, or to cause to be poured, thrown, placed or dumped, into or upon the sidewalk, pavement or gutter in any street, alley or other public highway or thoroughfare in the city, 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, commonly used in freezing or packing ice cream, ices and other similar products. Any person, firm or corporation, either acting fur himself or itself or as the agent, representative, employee or member, officer or manager of any such person, firm or corporation who shall violate any of the provisions of this section, shall be guilty of a misdemeanor. (Code 1960, S 23-1129) Sec. 32-4. Dumping refuse. It shall be unlawful for any person to throw, place, deposit or leave, or cause to be thrown, placed, deposited or left in or on any street or alley, any dirt, filth, sewage, sweepings, ashes, tin cans, bottles, glass or other refuse of any kind. (Code 1960, S 23-416) State law reference---For similar provisions, se'e K.S.A. 21-578. Sec. 32-5. Transporting dead or diseased animals or offal. Any person who shall drag or cause to be dragged along any street, avenue or alley of the city between the hours of 9 :00 a.m. and 9 :00 p.m., the carcass of any dead animal, or 1316 e ~ 32-5 STREETS AND SIDEWALKS ~ 32-9 any offensive offal; or between said hours lead, drive or cause to be led or driven through the streets or alleys of said city, any animal suffering with or having a contagious or dangerous disease, shall be guilty of a misdemeanor: Pro- vided, that nothing herein shall be considered as authorizing a violation of K.S.A. 47-1209. (Code 1960, ~ 23-418) Sec. 32-6. Depositing dead animals, filth in streets. Any person who shall place any carcas's of dead animals, decayed vegetables, filth, cast off clothing or other matter likely to create sickness, or in any way prove detrimental to the public health, upon any street or alley, shall be guilty of a misdemeanor. (Code 1960, ~ 23-419) e Sec. 32-7. Curb filling stations. Any person who shall construct or cause to be constructed, maintain or operate any gasoline filling 'Station or similar apparatus or contrivance located upon any public sidewalk or parking adjacent thereto or upon or adjacent to the curb of any public street and used for the sale and delivery of gasoline, shall be guilty of a misdemeanor. (Code 1960, ~ 23-1136) Sec. 32-8. Driving rod or stake through pavement. No person shall, at any time for any purpose whatever, drive any rod or stake through any pavement on any street, alley or other public ground in the city without first obtaining the written permit of the city commission to do so. (Code 1960, ~ 26-609) Sec. 32-9. Removing, interfering with barricades, warning de- vices. e 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 company or person acting under the authority or with the 1317 * 32-9 SALINA CODE 9 32-12 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 1960, S 26-701) Sec. 32-10. 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 1960, S 26-702) Sec. 32-11. Permits required for certain construction in, under streets, sidewalks. No person shall construct in any street or in or under any sidewalk in the city any bulkheads, cellar or basement ways, areaways, railings or stairways, or excavations for any of the same without first securing from the board of commis- sioners of the city a permit for the same which shall in each case state specifically the terms and conditions under which such permit is issued and the manner in which and the con- ditions under which the same shall be maintained. (Code 1960, S 26-703) Sec. 32-12. Protection of stairways, areaways. No person shall use or maintain in any street or in or under any sidewalk in the city any cellar or basement way, areaway or stairway, unless the same shall be protected by an iron railing on all exposed sides thereof which shall consist of at least two (2) rails, the top one of which shall be at least thirty-nine (39) inches above the street level and the other rail one-half (1;2) that height from the street level. In the case of stairways leading into any such cellar or basement 1318 e e e * 32-12 STREETS AND SIDEWALKS * 32-23 way or areaway, the head of such stairway 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 basement 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 outside thereof, and' such gate shall be constructed that it shall at all times be kept closed except when in actual use. (Code 1960, ~ 26-704) Sees. 32-13-32-22. Reserved. Article II. Bench Marks and Grades"? Sec. 32-23. Bench marks established. The bench marks heretofore established in the city by the United States Coast and Geodetic Survey 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 eleva- tions 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 (and as shown on pages 38 and 39 of Bulletin 571 of the United States Geological Survey of the Department of the Interior), located in what is known in the records of said department as the "Salina Quadrangle," being as follows, to wit: Salina, in the northeast part of, east of tanks of Standard Oil Co., 42.75 feet north of line of telegraph poles which parallel on north side of the Union Pacific R. R. track, 10 feet east of north-south fence bounding land of Standard Oil Co., in limestone block 30 inches square and 15 inches high, set in concrete, which is surface mark of Station; top of copper bolt lettered' "U. S. C. & G. 1896 Survey" (C. &. G. S. b.m. Salina West Base )~~~nn~~~~~~~~~ 1,220.008 feet. *Cross reference--Damaging or removing grade markers prohibited, ~ 23-17. 1319 S 32-23 SALINA CODE S 32-26 Salina, Missouri Pacific Ry. station, which is con- structed of rough stone, under window in west side of bow window in front of building, in face of stone win- dow sill; intersection of two lines forming a cross, marked "D. S. C. & G. S. B. M.," (C. & G. S. b.m. F 1) ___m_m_m__________ 1,224.506 feet. Salina, brick building owned and occupied by H. D. Lee Mercantile Co., at left side of 'steps to main en- trance on Santa Fe A venue, in upper surface of stone coping to vestibule; bottom of square cut, marked "D. S. B. M." (C. & G. S. b.m. G. 1) ________________ 1,225.828 feet. (Code 1960, ~ 26-801) Sec. 32-24. Existing grades adopted; contour maps required. The present grades of all of the streets and alleys in the city which are now paved are hereby declared to be the es- tablished grades for 'Such streets and alleys, and the city engineer shall hereafter make a contour map of the city, marking thereon the grades of such streets and alleys, based upon the elevations referred to in section 32-23. (Code 1960, ~ 26-802) Sec. 32-25. Establishment of new grades. It shall be the duty of the city engineer, whenever any street or alley is graded or paved or any new sidewalk placed there- on, to establish and fix the grade of 'Such street or alley based upon the elevations established and referred to in section 32-23, and recorded as provided in section 32-24. (Code 1960, ~ 26-~03) Sec. 32-26. Recording of grades established by city engineer. All of the grades of streets and alleys in the city or any part thereof established or fixed by the city engineer, pur- suant to the provisions of this article, shall be recorded by the city engineer as a part of the permanent records of his office, and any such grade shall thereafter be considered as the established grade of any such street or alley until the same is changed as provided by law. (Code 1960, ~ 26-804) 1320 e ~ 32-27 STREETS AND SIDEWALKS ~ 32-40 Sees. 32-27-32-36. Reserved. Article III. Obstructions and Encroachments Sec. 32-37. Prohibited. It shall be unlawful for any person to obstruct or encroach upon any sidewalk, street, avenue, alley or other public prop- erty. (Code 1960, S 26-1306) Cross reference-Blocking intersections prohibited, ~ 22-112. e Sec. 32-38. 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 of the chief of police immediately to notify the owner or occupier of the premises fronting thereon or the person placing the same thereon to remove the same with- out delay, and upon failure 'so to do, the chief of police shall have the obstruction removed at the expense of the owner or occupiers of the property and such expenses, if not paid, shall be a valid claim in favor of the city against such persons. (Code 1960, S 26-1306) Sec. 32-39. Temporary while receiving, shipping merchandise. Persons occupying premises fronting thereon may have such temporary use of the streets and sidewalks as shall be ac- tually necessary in receiving and shipping merchandise. (Code 1960, S 26-1306) e Sec. 32-40. In the course of building construction. Any person erecting buildings in the city may, for the time occupied in their erection and while it is necessary to do so, occupy a reasonable portion of the streets and sidewalks in front of the same for receiving and delivering materials, but in no case shall he obstruct the gutters so as to prevent the passage of water therein, and when it shall be necessary in any such case for the owner of the property to take up and remove the sidewalk, he shall, at the time of so taking up and removing, construct a temporary sidewalk not less than 1321 ~ 32-40 SALINA CODE ~ 32-42 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 1960, ~ 26-1306) Sec. 32-41. Use of public property for aesthetic purposes by abutting property owners. The board of commissioners may grant a permit to any person to use a portion of any sidewalk, street, avenue, alley or other public property abutting upon their property for aesthetic purposes notwithstanding the provisions of section 32-37. Application for such permit shall be made to the city clerk and shall be referred by him to the board of commis- sioners. The application for such permit shall be accompanied by a detailed plan and specifications for the proposed project. If the board of commissioners, on consideration of the appli- cation, finds that the proposed project will be beneficial to the appearance of the city and in accordance with any com- prehensively planned development program for the area, and will not interfere with the use of the sidewalks, street, avenue or alley for the public purpose for which it was intended, the board of commissioners may grant a permit to the applicant for 'Such purpose on such terms, conditions and restrictions as it deems in the public interest: Provided however, that any permit granted hereunder shall be subject to revocation by the board of commissioners in the event that said property is required for public purposes or if the abutting property owners fail or neglect to use the same for the purposes for which the permit was granted or fail or neglect to maintain the same in a good state of repair and in that event, then the abutting property owner shall be required to remove any im- provements made under said permit. (Code 1960, ~ 26-1306a; Ord. No. 6894, 12-6-65) Cross reference--For trees and shrubs generally, see Ch. 33. Sec. 32-42. Wires in streets-Prohibited. It shall be unlawful for any person, except electric light, telephone, telegraph and cable television companies, or other 1322 e e e ~ 32-42 STREETS AND SIDEWALKS ~ 32-55 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 1960, S 26-1307) Cross references-For public utilities generally, see Ch. 30; for fran- chises, see Appendix E of this volume. Sec. 32-43. Same-Duty to remove; declared nuisance; abate- ment. Any wires constructed, placed or maintained contrary to the provisions of the preceding section shall be removed by the person responsible therefor at the direction of the elec- trical 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 inspector shall have authority to take down and remove any such wires at any time at the cost of 'Such person. (Code 1960, S 26-1308) Sees. 32-44-32-54. Reserved. ARTICLE IV. OBSTRUCTING VISIBILITY AT INTERSECTIONS* Sec. 32-55. 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 intersecting streets drawn from the apex of the intersecting curb lines back a distance of sixty (60) feet with "Cross reference-Trees and shrubs generally, see Ch. 33. Supp. No. 22 1323 !i 32-55 SALINA CODE ~ 32-58 a line drawn between said points to form a base, such area to be herein referred to as a clear site zone. (Code 1960, ~ 28-201; Ord. No. 6860, 6-21-65; Ord. No. 8563, ~ 1, 4-11-77) Sec. 32-56. Exceptions. The provisions of section 32-55 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 per cent (25%) ; supporting members appurtenant to permanent build- ings existing on June 25, 1965; official warning signs or sig- nals; 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 obstruction; and, noncommercial signs constructed parallel with the base line which in the opinion of the police depart- ment 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 1960, 9 28-202; Ord. No. 6860, 6-21-65) Sec. 32-57. Pre-existing violations not excepted. No obstruction to cross visibility shall be determined to be an exception from the application of this article because of its being in existence on June 21, 1965, unless expressly exempted by the terms of this article. (Code 1960, 9 28-203; Ord. No. 6860, 6-21-65) Sec. 32-58. 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 Supp. No. 22 1324 e ~ 32-58 STREETS AND SIDEWALKS ~ 32-58 the department to give notice in writing to the property owner or owners complained against, providing that said notice shall specify in what manner a traffic hazard has been alleged e e Supp. No. 22 1324.1 e e e ~ 32-58 STREETS AND SIDEWALKS ~ 32-70 to exist. Said notice shall direct the removal by the property owner or owners of such structures, trees or other obstruc- tions which constitute said traffic hazard. Said property owner or owners shall be allowed ten (10) days in which to comply with said order, except obstructions of a temporary nature which shall be removed on notice. (Code 1960, ~ 28-204; Ord. No. 6860, 6-21-65) Sec. 32-59. 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 ob'l?tructions, then the city shall cause to be removed 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 ob- struction was located and the city clerk shall at the time of certifying other city taxes, extend. the same on the tax rolls of the county against said 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 1960, ~ 28-205; Ord. No. 6860, 6-21-65) Sees. 32-60-32-69. Reserved. ARTICLE V. MOVING BUILDINGS. Sec. 32-70. Permit required. No person or persons, either as an individual or as the agent, employee, officer, representative or member of any firm or corporation, shall move any frame house or other building, or any part thereof, 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. (Code 1960, ~ 26-101) *Cross reference-Moving dwellings regulated, ~ 9-324 et seq. Supp. No. 19 1325 ~ 32-71 SALINA CODE ~ 32-74 Sec. 32-71. Contents of permit application. The application for a moving permit shall contain a de- scription of the building, its location, the location to which it is to be moved and the proposed route. (Code 1960, S 26-101) Sec. 32-72. Approval of application by building inspector. Before any application for a moving permit is filed, it shall be referred to the building inspector 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 build- ing is in a proper and fit condition to be moved to the destina- tion designated by the applicant, and that after such moving it will remain 'in a proper and fit condition for the use in- tended, he shall endorse his certificate of approval upon the application. (Code 1960, S 26-102) Sec. 32-73. Approval of route by fire chief, city engineer. If the application for a moving permit is approved by the building inspector, he shall submit the same to the fire chief and the city engineer for their approval of the route over which 'Such building is to be moved. Such approval shall be noted on the application; and if the route is re,iecterl. the fire chief or citv engineer shall note thereon a route which is satis- factory to them. (Code 1960, S 26-102) Sec. 32-74. Permit; fee. 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 applicant shall pay to the city at the time such ap- plication is filed an initial fee of fifty dollars ($50.00), plus twenty-five dollars ($25.00) for each one-half (1;2) mile or fraction thereof which said structure will be moved on any street, avenue, alley or public thoroughfare within the city. (Code 1960, ~ 26-101; Ord. No. 8417, ~ 1, 1-6-75) Cross reference-Fee for permits when not obtained in time, ~ 1-11. SuPp. No. 19 1326 e ~ 32-75 STREETS AND SIDEWALKS ~ 32-75 Sec. 32-75. Additional fee if work takes more than one day. If the moving operations are not completed within one calendar day, the applicant shall pay to the city for use of its e e Supp. No. 19 1326.1 e e e S 32-75 STREETS AND SIDEWALKS S 32-77 streets an additional fee in the amount of the initial fee for each calendar day or any part thereof, for which said city streets are used in such moving operations. (Code 1960, S 26- 101) Sec. 82-76. Issuance, duration of permit. When an application for a moving permit is filed, with the certificate of the building inspector and fire chief noted there- on, the city clerk shall issue the permit, which permit shall be valid for sixty (60) days from the date of issuance. (Code 1960, S 26-102) Sec. 82-77. 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 shaH 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 have been suffered on account of the moving of any sllch house or building or on account of the omission or commission of any act in connection therewith, and indemnifying the city and the public and any and all persons against any injury, damage or loss suffered by them or caused by reason of said moving or resulting therefrom or from the violation of any of the terms of this article. Such bond shall be approved as to form by the city attorney and as to the sufficiency of the sureties by the city manager. Any individual who is damaged by reason of such moving may file suit directly against the surety named in such bond. One bond may be filed by any person to cover any and all moving of houses or buildings by such person during the period of such bond. Any surety may cancel any such bond as to future liability by giving ten (10) days' notice in writing of such cancellation to the city clerk, to take effect at the expiration of said ten (10) days, 1327 ~ 32-77 SALINA CODE ~ 32-80 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 1960, S 26-103) Cross reference--Bonds of contractors, license fees, ect., ~ 2-7 et seq. Sec. 32-78. Notice to building inspector required. The applicant for a moving permit shall give the building inspector twenty-four (24) hours' notice in writing or in per- son before moving the building on any city street, which shall entitle said applicant to use the streets of said city for such moving operations during one calendar day. (Code 1960, S 26- 101) Sec. 32-79. Height of building. The over-all height of a building, when loaded up for mov- ing, shall not exceed twenty-five (25) feet, as determined by the building inspector. (Code 1960, S 26-101) Sec. 32-80. Removal of wires. Any person or persons 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 telBgraph, tele- phone, 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 knowledge, per- mission and consent of the city, shall give to the person, firm or corporation owning or in charge of such wires at least twenty-four (24) hours' written notice of the time and place, when and where it may be necessary to cut or remove such wires to permit the moving of such house or other building and shall deposit in advance with such person, firm or cor- poration 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 said wires for a sufficient length of time to permit such moving, and the entire cost and expense of re- moving, cutting and replacing of said wires, inclnding the time spent by the employees of the owner of such wires in going to and from such place, so as to permit the moving of 1328 e e e S 32-80 STREETS AND SIDEWALKS S 32-82 any 'Such house or other building, shall be paid by the person or persons making such request: Provided, however, that if by the terms of any existing franchise or ordinance, any per- son, firm or corporation has been given the right to maintain wires on, along or across any street or public thoroughfare in the City of Salina at a distance of not less than sixteen (16) feet from the ground, then the person, firm or corpora- tion owning such wires shall not be required to remove and replace the same without charge unless such wires shall be less than sixteen (16) feet above the surface of street. (Code 1960, ~ 26-104; Ord. No. 6637, S 1, 7-3-62) Sec. 32-81. Moving on certain streets prohibited; special per- mits. 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 Seventh 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 building across the Smoky Hill River or across or along any of such streets, a special permit may be granted' by the city manager. (Code 1960, S 26-105) Sec. 32-82. Precautions required when building left in street at any time. If any house or other building being moved 'Shall be left standing in any street at night or at any other time, while no work is being done in connection with the moving thereof, the person doing such moving shall place at each end of the block a warning sign of such size and method of construction as may be approved by the street commissioner, which shall, however, leave space at either 'Side of such sign for the pass- ing of traffic, for the purpose of notifying users of such street that the same is blocked and impassable, and any such sign shall be sufficiently lighted at night so as to make it plainly visible to all approaching the same and the person so moving any such house or building at the close of work on each day 1329 !i 32-82 SALINA CODE !i 32-85 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 1960, S 26-107) Sec. 32-83. 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 conspicuous 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 connection with such house moving, and remaining in any 'Such l"treet and thoroughfare, a sufficient number of red lights or flashing lights or lanterns so as to make the same visible to all ap- proaching traffic. (Code 1960, S 26-106) Sec. 32-84. Extending over curb line. No house or other building shall be moved over, through, on or across any 'Street, avenue, alley or other public thorough- fare in the city, where any part of such house or building ex- tends over either curb line of such street, alley or public thoroughfare, except in the block from which or into which the house is to be moved. (Code 1960, S 26-108) Sec. 32-85. Planking required; exception. No house or other building shall be moved over or along any paved street in the city unless planking not less than two (2) inches in thickness, of a width equal to the full width of the rollers on which said 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 consent and written permission of the city engineer, on 1330 e e e ~ 32-85 STREETS AND SIDEWALKS S 32-86 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: Provided further, that a permit to omit such planking, or the use of planking where required and used, shall not relieve the per- son 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 1960, ~ 26-109) Sec. 32-86. Trimming of trees. No tree or any branch, limb or part thereof shall be broken, cut off or removed by any person or persons for thf' purpose of moving any house or building, except under the direction and supervision of the superintendent of parks or of a person duly authorized by him, and in such manner and way and with such treatment of said tree thereafter as may be approved by the superintendent of parks. Any person so breaking or removing any tree or part thereof as herein provided for or who shall direct or request such breaking, cutting or removing, or who may be responsible therefor, shall pay the expense of such supervision and the expense of any employees of the superintendent of parks or the city in and about such super- vision 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 of Kansas, nor to relieve any such person of any liability on account of any such laws of the State of Kansas: Provided further, that for the purpose of this section, the superintendent of parks or his employees or other employees of the city, shall, when engaged in the cutting, trimming or removing of any tree or part thereof for the purpose of per- mitting any house or building to be moved, or when engaged in any manner in trimming or cutting any tree or part thereof at the direction or request of any such person, be deemed to be the agent and representative of the person on whose behalf such cutting or trimming as provided for by the permit for moving such house or building; and such person shall be 1331 ~ 32-86 SALINA CODE ~ 32-89 responsible for the acts of such superintendent of parks or any other such employees in connection with the cutting, trim- ming or destruction of any such tree or parts thereof. (Code 1960, ~ 26-110) Sec. 32-87. 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 1960, S 26-111) Sec. 32-88. 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 building 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 notifi- cation of the railroad by the mover. (Code 1960, S 26-112) Sec. 32-89. Violations. Any person, either as an individual or as the officer, agent, representative, employee or member of any firm or corpora- tion, 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 provi- 1332 e ~ 32-89 STREETS AND SIDEWALKS !l 32-101 sions of this article shall be deemed guilty of a misdemeanor: Provided, that each and every violation of any provisions of this article shall be deemed a separate offense and that each separate day's violation of the provisions of this art.icle shall be deemed a separate offense: Provided' further, that the per- son making the application for the permit provided for in this article, whether as an individual or as an agent. employee or representative of any firm or corporation, shall be deemed to have authorized and shall be responsible for any violation of this article by any other person in any way connected with the moving of such house or building, but nothing herein contained shall be considered as relieving any other person from responsibility of any violation of the terms of this article of which such person may be found guilty. (Code 1960, ~ 26- 113) Sees. 32-90-32-99. Reserved. e Article VI. Numbering Buildings Sec. 32-100. Compliance required. All the business houses and dwellings situated within the corporate limits of the city shall be numbered in the manner and according to the plan hereinafter specified. (Code 1960, ~ 26-201) Sec. 32-101. Starting points. e The initial or starting lines for building number,; 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 nearest parallel corresponding block number. The city engineer is hereby authorized to make exceptions, but as consistent with the numbering system provided as possible, for od'd arrange- ments of streets. (Code 1960, ~ 26-202) 1333 ~ 32-102 SALINA CODE ~ 32-116 Sec. 32-102. Even and odd numbers; distance allowed for each number. Even numbers shall be put on the right-hand side of the streets and the odd numbers on the left-hand side of the streets allowing not more than twenty-five (25) feet for each number. (Code 1960, S 26-203) Sec. 32-103. Size of figures. The figures used for numbering buildings shall not be less than two and one-half (21/2) inches high. (Code 1960, S 26- 204) Sec. 32-104. Assignment of numbers. It shall be the duty of the city engineer to see that all build- ings which may hereafter be erected, or changes 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 officer shall state the street number of the building on the building permit for a new building. (Code 1960, S 26-205) Sec. 32-105. Duty to display numbers. No business house or dwelling situated within the corpo- rate limits of the city shall be erected without forthwith hav- ing displayed the number assigned to such building on and in front of such building. (Code 1960, S 26-206) Sees. 32-106-32-115. Reserved. Article VII. Driveways and Recessed Parking Areas DIVISION 1. GENERALLY Sec. 32-116. Definitions. For the purpose of this article, the following definitions shall apply to these words: 1334 e e e S 32-116 STREETS AND SIDEWALKS S 32-116 Sec. 32-116(1). Business driveway approach: A driveway approach providing ingress and egress to any property other than residential property. Sec. 32-116(2). Corner: The point of intersection of the property lines of a corner lot where two (2) streets intersect. Sec. 32-116(3). Curb parking space: A length of curb equal to twenty-two (22) feet where an automobile or other vehicle can park. Sec. 32-116 ( 4). Curb return: That portion of a curb next to a driveway approach or recessed parking area which in- cludes the radius of curvature or the ramp-type lug on com- mercial or industrial type pavements and which cormects the driveway approach or recessad parking area to the street curb. Sec. 32-116(5). Driveway: A place on private property for the operation of automobiles and other vehicles. Sec. 32-116(6). Driveway approach: An area, construction or facility between the roadway of a public street and private property. For clarification, a driveway approach must provide access to something definite on private property such as a parking area, a driveway or a door at least seven (7) feet wide intended and used for the entrance of vehicles. Sec. 32-116(7). Outside sidewalk line: 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. Sec. 32-116(8). Parcel of land: A lot or lots, or tract offi- cially registered under one ownership. Sec. 32-116(9). Recessed parking area: An area, construc- tion or facility between the roadway of a public street and private property that is not intended for use as a driveway or a driveway approach and is to be used to provide angle parking for vehicles as provided by the traffic ordinance of the city. Sec. 32-116(10). Resident driveway approach: A driveway approach providing ingress and egress to residential property. (Code 1960, ~ 26-301) 1335 S 32-117 SALINA CODE S 32-121 Sec. 32-117. Permit required for curb cuts. It shall be unlawful for any person to cut, break out or re- move any curb along a street or alley without first obtaining a permit for a driveway approach or recessed parking area as hereinafter provided. (Code 1960, S 26-302) Sec. 32-118. Application for permit required. Any person desiring to construct a driveway approach or recessed parking area across any curbing, parking, sidewalk or sidewalk space, shall first make application to the city engineer for a permit therefor. Said application shall be in writing upon a form provided by the city and made available at the office of the city engineer. (Code 1960, S 26-303) Sec. 32-119. Contents of application. The application for a permit hereunder shall contain infor- mation showing: Sec. 32-119(1). Type and estimated cost of construction; Sec. 32-119(2). The dimensions of the proposed driveway approach or recessed parking area; Sec. 32-119(3). The location of said driveway approach or recessed parking area by lot and block number as well as by street and house number; Sec. 23-119(.4). The location of the driveway approach or recessed parking area on the lot; and Sec. 32-119(5). Such other information as may be required by the city engineer. (Code 1960, S 26-303) Sec. 32-120. Who must file application. The application for a permit hereunder shall be filed by the property owner desiring to construct said driveway ap- proach or by his duly authorized agent. (Code 1960, S 26- 303) Sec. 32-121. Issuance of permits. Permits hereunder 'Shall be issued by the city engineer if he has determined that the applicant has complied with the 1336 e ~ 32-121 STREETS AND SIDEWALKS ~ 32-126 terms of this article and such rules, regulations and specifi- cations of the city engineer as shall be on file in his office and in the office of the city clerk. (Code 1960, ~ 26-304) Sec. 32-122. Permit revocation by city commission. All permits granted for the use of public property under the terms of this article shaH be revocable at the will of the city commission. (Code 1960, ~ 26-302) Sec. 32-123. Permit revocation by city engineer. A permit issued under the provisions of this article may be revoked by the city engineer at any time he is satisfied that the work is not being performed according to the provi- sions thereof. (Code 1960, ~ 26-305) e Sec. 32-124. When work must be completed. The driveway approach or recessed' parking area shall be completed within one hundred twenty (120) days after the date of issuance of a permit hereunder. (Code 1960, S 26-304) Sec. 32-125. Bond required. Before a permit shaH be issued by the city ellgineer, the applicant must deposit with the city clerk a good and suffi- cient bond running in favor of the city and conditioned that the applicant shaH faithfuHy carry out all that is required of him by this article, the rules, regulations and specifications of the city engineer and the permit for which application is made within a period' of one hundred twenty (120) days from the date of the issuance of the permit. (Code 1960, S 26-304) Cross reference-Bonds of contractors, license fees, etc., ~ 2-7 et seq. e Sec. 32-126. Forfeiture of bond and restoration of property. After a permit hereunder has been issued, the bond shall be forfeited if the permit holder shall not have completed all of the work authorized by the permit in accordance with this article and the rules, regulations and 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 Supp. No. 22 1337 ~ 32-126 SALINA CODE ~ 32-130 be authorized to restore the parcel of land involved to the condition in which it existed prior to the commencement of any work that was done under the permit, including curbing and guttering where necessary, all at the expense of the per- mit holder, applying thereon the proceeds of the required bond. (Code 1960, ~ 26-304) Sec. 32-127. Discharge of bond. If the work shall be completed in accordance with the per- mit, 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, the bond shall be null and void. (Code 1960, ~ 26-304) Sec. 32-128. Amount, execution, approval of bond. A bond required by this article shall be in an amount equal to half again the value of the improvements as shown on the application for the permit, and shall be prepared and executed in accordance with the provisions of sections 2-7 through 2-9 of this Code except that such bond need not be approved by the city attorney, but must be approved by the city engineer. (Code 1960, ~ 26-304) Sec. 32-129. Where driveway approaches prohibited. It shall be unlawful for any person to construct, alter or extend, or permit or cause to be constructed, altered' or ex- tended, any driveway approach which can be used only as a parking space or area between the curb and private property. (Code 1960, ~ 26-302) Sec. 32-130. Where recessed parking area prohibited. No permit shall be issued for a recessed parking area: Sec. 32-130(1). In any A-I, D, or residential distriot, as the limits of these districts are now or may hereafter be defined by the zoning regulations of the city; Supp. No. 22 1338 e e e ~ 32-130 STREETS AND SIDEWALKS ~ 32-133 Sec. 32-130(2). In any area where angle parking is per- mitted by the ordinances of the city; Sec. 32-130(3). Where parking is prohibited by the ordi- nances of the city; Sec. 32-130(4). Which shall abut any street, the improved portion of which is less than forty (40) feet in width, measured between curb facings without the approval of at least four-fifths (4,1;) vote of the board of com- missioners; and Sec. 32-130 (5). On any street that is not curbed and gut- tered, or paved, or both. (Code 1960, ~ 26-302; Ord. No. 8557, ~ 1, 3-28-77) Sec. 32-131. Supervision of work; rules, regulations autho- rized. All work done under a permit issued in compliance with this article shall be under the direction and supervision of the city engineer, who is hereby authorized to make the nec- essary rules, regulations and specifications with respect to materials for and method of construction of such driveway approaches and recessed parking areas. Such rules, regula- tions and specifications shall be kept on file in the office of the city engineer and the city clerk at all times. (Code 1960, S 26-305) Sec. 32-132. Existing regulations approved. The plans and specifications for work regulated by this article now on file in the offices of the city engineer and the city clerk are hereby approved and adopted. (Code 1960, S 26- 305) Sec. 32-133. Maintenance required; removal and reconstruc- tion. Every driveway approach and recessed parking area shall be maintained and kept in a safe condition by the O\\"ner of the property served thereby, and any such driveway approach Supp. No. 22 1339 ~ 32-133 SALINA CODE ~ 32-134 or recessed parking area which shall not be so maintained and kept or which shall interfere with or obstruct thE drain- age carried by such street or the use of said street for the purpose of travel shall be repaired to conform with the speci- fications of this article and the rules, regulations and specifi- cations of the city engineer or be removed. Upon the removal or cessation of use, as defined herein, of any such driveway approach or recessed parking area, that portion of the street occupied by the same shall be restored as nearly as practicable to its former condition and all curbing and guttering shall be replaced, all by and at the expense of the owner of the propertJT served thereby. (Code 1960, ~ 26-308) Sec. 32-134. Duties of contractors under contract to city. Whenever any curbing and guttering or curbing, guttering and paving is hereafter constructed by any contractor pur- suant to a contract with the city for 'Such work, such contractor shall not be permitted and he is hereby prohibited from in- stalling any driveway return or recessed parking area in any curbing being or to be constructed by him unless the owner of the property to be served by any such driveway return or recessed parking area shall obtain a permit therefor and make arrangements either with such contractor or with some other person engaged in and authorized to do similar work for the construction of a paved and curbed driveway approach lead- ing to the property line of such property or a recessed parking area as permitted herein. Proof of such arrangements shall be furnished to the city engineer before any permit for such work is issued, all such work to be constructed in accordance with the provisions of this article and the rules, regulations and specifications of the city engineer: Provided, that where such proposed driveway approach crosses a cement sidewalk in good condition, such driveway approach need be constructed only to the outside sidewalk line: Provided further, that if the street in which any such driveway approach or recessed parking area is to be constructed is not paved, or if the pav- ing thereof has not been contracted for, then the driveway approach or recessed parking area to be constructed need not Supp. No. 22 1340 e ~ 32-134 STREETS AND SIDEWALKS ~ 32-134 be paved at that time, if the owner of the property shall file with the city clerk, as a condition to securing a permit for such driveway return, a written agreement to construct the e e Supp. No. 22 1340.1 e S 32-134 STREETS AND SIDEWALKS S 32-144 paving in such driveway approach or recessed parking area whenever the paving in such street is constructed. (Code 1960, 9 26-309) Sec. 32-135. Violations. Any person who shall violate any of the provisions of this article, or who shall not comply with the terms and condi- tions of a permit and the rules, regulations and restrictions of the city engineer, either as to the completion of said drive- way approach from the curb line to the property line, or as to the specifications for the construction thereof, approved as aforesaid, or of a recessed parking area, shall lJe deemed to be guilty of a misdemeanor. (Code 1960, 9 26-310) Sees. 32-136-32-140. Reserved. DIVISION 2. CONSTRUCTION REQUIREMENTS e Sec. 32-141. Compliance required. In addition to the rules, regulations and specificati.ons pro- mulgated by the city engineer with respect to driveway ap- proaches, the following requirements shall be complied with in the work done under the provisions of this article. (Code 1960, 9 26-306) Sec. 32-142. Business approaches to be paved. All business driveway approaches shall be paved. (Code 1960, 9 26-306) Sec. 32-143. Grade of driveway approach. The outside of the driveway approach shall be a straight grade from the flow line of the gutter to the grade of the outside 'sidewalk line. (Code 1960, 9 26-306) e Sec. 32-144. Height above gutter flow line; obstructing street or drainage. The top of the paving of the driveway or recessed parking area slab at the curb line shall be one and five-eighths (10/8) 1341 ~ 32-144 SALINA CODE ~ 32-153 inches above the flow line of the gutter and shall not be constructed in a manner that will in any way interfere with or obstruct the drainage of the street or interfere with the use of the street for the purpose of travel. (Code 1960, S 26- 306) Sec. 32-145. Protection of public; nonliability of city. The owner and contractor shall protect the public from injury and/or damage during the construction of driveway approaches and it is herein stipulated as an essential condi- tion of the issuance of a permit that the city shall not be liable for damage which may arise from the prosecution of said work. (Code 1960, S 26-306) Sec. 32-146. Distance between existing and recessed curb faces. The right angle distance between the face of the existing curb and the face of the recessed curb shall be not less than nine (9) feet in all recessed parking area's hereafter con- structed. (Code 1960, S 26-306) Sec. 32-147. Grade of recessed parking area. The grade line of all recessed parking areas shall be a straight grade from the flow line of the gutter to a point not less than four (4) inches below the level of the outside sidewalk line which shall be the base of the recessed curb line. (Code 1960, S 26-306) Secs. 32-148-32-152. Reserved. DIVISION 3. WIDTH AND LOCATION Sec. 32-153. Compliance required. The following limitations on the width and location of drive- way approaches and recessed parking areas for each parcel of land shall be complied with. (Code 1960, S 26-307) 1342 e e e S 32-154 S 32-157 STREETS AND SIDEWALKS Sec. 32-154. Grade of driveway approach. No portion of a driveway approach, except the curb return, shall be constructed within six (6) feet of a corner. (Code 1960, ~ 26-307) Sec. 32-155. Recessed parking areas prohibited near corners. No portion of a recessed parking area, except the curb re- turn shall be constructed: Sec. 32-155(1). Within twenty-five (25) feet of a corner if the vehicles moving in the direction of traffic flow on the side of the street on which the driveway ap- proach is to be situated are required to stop for a stop light or stop sign at such corner; and Sec. 32-155(2). Within twenty (20) feet of any other cor- ner. (Code 1960, ~ 26-307) Sec. 32-156. 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, and the curb cut shall not exceed the width of 'saJd drive- way approach at the said outside sidewalk line by more than six (6) feet: Provided, that the city commission shall be empowered to grant special exceptions to the above and fore- going limitations. The granting or denial of such special con- sent by the city commission shall be predicated upon the calculated additional hazard to the general public as a con- sequence of allowing such exception in each particular case. (Code 1960, ~ 26-307) Sec. 32-157. Number of curb parking spaces required. There shall be not less than one curb parking space between any two (2) driveway approaches or recessed parking areas in the D local business district, E general business district, F light industrial district and G heavy industrial district as the limits of these districts are now or may hereafter be de- fined by the zoning ordinance of the city. (Code 1960, ~ 26- 307) 1343 ~ 32-158 SALINA CODE ~ 32-171 Sec. 32-158. Width of recessed p,arking areas. No recessed parking area 'Shall be permitted, without the express consent of the city commission, that is wider than fifty (50) feet at the outside sidewalk line. The granting or denial of such special consent by the city commission 'Shall be predicated upon the calculated additional hazard to the general public as a consequence of allowing a particular re- cessed parking area to be greater than fifty (50) feet in length. (Code 1960, S 26-307) Sees. 32-159-32-168. Reserved. Article VIII. Surfacing and Resurfacing Roadways DIVISION 1. GENERALLY Sec. 32-169. Definitions. For the purpose of this article, the following definitions shall apply to these words: Sec. 32-169(1). Roadway: The improved portion of a street. Sec. 32-169(2). Street: The area between opposite property lines that has been dedicated or condemned for use by the city as a public street. (Code 1960, S 26-401) Sec. 32-170. Permit required. It shall be unlawful for any person to construct, reconstruct, surface or resurface any roadway or part thereof without first obtaining a permit for roadway construction as hereinafter provided. (Code 1960, S 26-402) Sec. 32-171. Prerequisites to permit. No permit shall be issued for roadway construction: Sec. 32-171 (1). Unless the area where such construction is to take place shall have been formally dedicated or condemned in accordance with law for use by the city as a public street; 1344 e e e ~ 32-171 STREETS AND SIDEWALKS ~ 32-175 Sec. 32-171 (2). Unless the roadway has previously been curbed and guttered in accordance with specifications currently on file in the office of the city engineer or unless said roadway shall be so curbed and guttered at the time of the surfacing or resurfacing thereof; and Sec. 32-171 (3). Unless it shall be constructed of material and quality at least equal to the immediately abutting existing roadway. (Code 1960, ~ 26-402) Sec. 32-172. Application for permit required. Any person desiring to construct, reconstruct, surface or resurface a roadway in the city either for himself or for others, whether or not for hire, shall first make application to the city engineer for a permit therefor, said application to be in writing upon a form provided by the city and made available at the office of the city engineer. (Code 1960, S 26- 403) Sec. 32-173. Contents of application. An application for a permit hereunder shall contain infor- mation showing: Sec. 32-173(1). Type and estimated cost of construction; Sec. 32-173(2). The dimensions of the proposed roadway; Sec. 32-173(3). The location of said roadway within the city as well as its location within the street; Sec. 32-173(4). Such other information as may be required by the city engineer. (Code 1960, ~ 26-403) Sec. 32-174. Who must file application. The application for a permit hereunder shall be filed by the property owner desiring to construct said roadway or by his duly authorized agent. (Code 1960, ~ 26-403) Sec. 32-175. Bond required; terms. Before a permit hereunder shall be issued by the city en- gineer, the applicant must deposit with the city clerk, a good 1345 S 32-175 SALINA CODE S 32-177 and' sufficient bond running in favor of the city and condi- tioned that the applicant shall faithfully carry out all that is required of him by this article and the rules, regulations and specifications of the city engineer; that he shall hold the city harmless against all claims, loss or damage which it may sustain or suffer by reason of any breach of the terms and conditions of this article by said principal or by reason of any injury to persons or property occasioned by the action of said principal or his employees or agents; and that said prin- cipal shall maintain the improvements to be constructed by him as provided for in this article and shall repair and make good all defects in material or workmanship that might occur within a period' of two (2) years after the date of completion thereof. (Code 1960, S 26-404) Cross reference--Bonds of contractors, licenses, etc., S 2-7 et seq. Sec. 32-176. Forfeiture of bond; restoration or completion of work by city. After a permit under this article has been issued, the bond shall be forfeited if the permit holder 'Shall not have com- pleted all of the work authorized by said permit in accordance with this article and the rules, regulations and specifications of the city engineer within a period of one hundred twenty (120) days from the date of issuance of the permit, and the city shall be authorized to restore the parcel of land involved' to the condition in which it existed prior to the commence- ment of any work, or, if financially more practical, to com- plete the work; and, in either event, charge all of the expense, including curbing and guttering where necessary, to the per- mit holder, applying thereon the proceeds of 'Said bond. (Code 1960, S 26-404) Sec. 32.177. Discharge of bond. If the work shall be completed in accordance with the per- mit, 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, the bond shall be null and void. (Code 1960, S 26-404) 1346 e S 32-178 STREETS AND SIDEWALKS S 32-183 Sec. 32-178. Amount, execution, approval of bond. The bond required by this article shall be in an amount equal to half (1/2) again the value of the improvements as shown on the application and shall be prepared and executed in accordance with the provisions of sections 2-7 through 2-9 of this Code, except that such bond need not be approved by the city attorney but must be approved by the city engineer. (Code 1960, ~ 26-404) Sec. 32-179. Issuance of permit. Before a permit required hereunder shall be issued by the city engineer, he shall determine that the applicant has com- plied 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 1960, ~ 26-404) e Sec. 32-180. Permit revocation by city commission. All permits granted for the use of public property under the terms of this article shall be revocable at the ",;ill of the city commission. (Code 1960, ~ 26-402) Sec. 32-181. Permit revocation by city engineer. A permit issued under the provisions of this article may be revoked by the city engineer at any time he is satisfied that the work is not being performed according to the provi- sions hereof. (Code 1960, ~ 26-405) Sec. 32-182. Deadline for completing roadway. The roadway shall be completed within one hundred twenty (120) days after the date of issuance of a permit required by this article. (Code 1960, ~ 26-404) e Sec. 32-183. Supervision of work; rules, regulations autho- rized. All work done under a permit issued in compliance with this article shall be under the direction and supervision of the 1347 ~ 32-183 SALINA CODE S 32-191 city engineer, who is hereby authorized to make the necessary rules, regulations and specifications with respect to materials for and method of construction of such roadway. Such rules, regulations and specifications shall be kept on file in the office of the city engineer and the city clerk at all times. (Code 1960, 9 26-405) Sec. 32-184. Existing plans, specifications adopted. The plans and' specifications for any such work which are now on file in the offices of the city engineer and city clerk and are hereby approved and adopted. (Code 1960, 9 26-405) Sec. 32-185. Violations. Any person who shall violate any of the provisions of this article, or who shall not comply with the terms and condi- tions of such permit and the rules, regulations and restrictions of the city engineer as to the completion of said roadway or as to the specifications for the construction thereof approved as aforesaid, shall be deemed to be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this article is committed, con- tinued, suffered or permitted. (Code 1960, ~ 26-408) Secs. 32-186-32-189. Reserved. DIVISION 2. CONSTRUCTION REQUIREMENTS Sec. 32-190. Compliance required. In addition to the rules, regulations and specifications pro- mulgated by the city engineer with respect to roadway con- struction, the following requirements 'Shall be deemed to be the minimum requirements for work done under the provi- sions of this article. (Code 1960, ~ 26-406) Sec. 32-191. Subgrade preparation. The subbase shall be a six (6) inch sand-gravel base (sta- bilized) of not less than three hundred (300) pounds added 1348 e ~ 32-191 STREETS AND SIDEWALKS ~ 32-204 per square yard. This work shall include the delivery of ma- terials to the site and sprinkling, blading, rolling and lightly scarifying where necessary to get the proper crown, which shall be in accordance with the standard specifications of the city engineer. (Code 1960, ~ 26-406) e Sec. 32-192. Surfacing. The surfacing aggregate shall be sand-gravel type SA-I, with percentages retained in standard mesh sieves as follows: 0% on one inch; 0-5 '10 on three-fourths (%) inch; 0-20 % on three-eighths (%) inch with a fineness modulus of 4.00 to 5.00. The aggregate is to be placed in uniform windrows along the roadbed and spread in layers, additional water add- ed if necessary and rolled. Compaction shall be obtained by the use of sheeps foot or pneumatic tired rollers, or equivalent equipment. Rolling shall be accompanied by sufficient blading to insure a smooth surface, which shall be free from ruts and ridges with the proper section and crown as required' above. The materials for blacktopping shall consist of a penetration of 0.3 to 0.4 gallons per square yard of MC 1 or MC 2, two 'Seal coats of 0.4 to 0.6 gallons per square yard of RC 3 or RC 4 with a cover of approximately thirty-five (35) pounds of sand or chat per square yard. (Code 1960, S 26-406) Sec. 32-193. Dimensions and locations. The dimensions and location of the roadway must be ap- proved by the city engineer as being consistent with surround- ing and adjoining existing or contemplated roadways. (Code 1960, S 26-406) Sees. 32-194-32-203. Reserved. Article IX. Concrete Work in Streets and Public Grounds e Sec. 32-204. Exemption for contractors with city. Thi'S article shall not apply to any person doing or perform- ing any work of the nature herein described' for the city under 1349 S 32-204 SALINA CODE S 32-207 a contract with such city and for which regular performance, maintenance and statutory bonds are required by the city and furnished by the contractor for the specific work covered by any such contract. (Code 1960, S 26-1103) Sec. 32-205. Compliance with plans and specifications. All sidewalks, driveways, curbing and guttering construct- ed, reconstructed or rebuilt in any of the streets or public grounds of the city shall be reconstructed of concrete in ac- cordance with plans and specifications as to material and methods of construction to be furnished by the city engineer. (Code 1960, S 26-1101) Sec. 32-206. Procedure for sidewalks generally. The procedure for the construction, reconstruction and re- pair of sidewalks shall be as provided by Article 18 of Chap- ter 12 of Kansas Statutes Annotated, and according to require- ments specified by ordinance: Provided, that nothing herein shall be construed as prohibiting the use of Article 6a, Chap- ter 12, Kansas Statutes Annotated. (Code 1960, S 26-1102) Sec. 32-207. Procedure for sidewalks on petition of property owners. Sec. 32-207(1). Whenever a petition signed by persons own- ing not less than fifty per cent (50 %) of the real estate abut- ting the proposed sidewalk construction 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 side- walks constructed. Sec. 32-207(2). The cost of all sidewalks constructed under the provisions of this section shall be assessed to the property abutting on such sidewalks. Sec. 32-207(3). When a sidewalk or sidewalks has or have been constructed and where special assessments must be levied for the expense thereof, the board of commissioners shall, as soon as the cost is ascertained, levy an assessment 1350 e e e ~ 32-207 STREETS AND SIDEWALKS ~ 32-211 against the lots or pieces of land chargeable therefor, by ordi- nance, and the property owner shall have thirty (30) days after the publication of the ordinance within which to make full payment of the 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. Tbe board of commissioners may issue bonds in the manner provided in the general bond law to finance the unpaid balatlce of any such special assessments. Sec. 32-207 (4-). The assessment for construction of such sidewalks shall be levied as provided for in Kansas Statutes Annotated, 12-1811, 12-1812 and 12-1814: Provided, that tem- porary notes. may be issued during the construction of such sidewalks and before the issuance of sidewalk bonds. Sec. 32-208. License required. No person shall engage in the work of constructing, recon- structing or rebuilding sidewalks, driveways, curbing, gutter- ing 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. (Code 1960, ~ 26-1103) Cross reference-For licenses generally, see Ch. 20. Sec. 32-209. License fee established. The licensee under this article shall pay to the city an an- nual fee of thirteen dollars ($13.00). (Code 1960, ~ 26-1103; Ord. No. 8393, ~ 1, 11-25-74) Sec. 32-210. Reserved. Editor's note-Ord. No. 8398, ~ 2, enacted Nov. 25, 1974, repealed ~ 32-210 providing that the fee for a license issued after July 1 would be % the fee specified in ~ 32-209. Said section was derived from Code 1960, ~ 26-1103. Sec. 32-211. Expiration of licenses. Licenses required by this article shall expire on December thirty-first after the issuance thereof. (Code 1960, ~ 26-1103) Supp. No. 19 1351 ~ 32-212 SALINA CODE ~ 32-214 Sec. 32-212. Bond required; approval. No license required by this article shall be issued until the applicant therefor shall furnish a bond in the amount and conditioned as hereinafter required, with corporate securities to be approved by the board of commissioners, the furm there- of to be approved by the city attorney. (Code 1960, ~ 26-1103) Cross reference--Bonds of contractors, licenses, etc., ~ 2-7 et seq. Sec. 32-213. Amount, terms of bond. 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 persons with whom the principal named therein may con- tract for the construction of such work, conditioned that any such work shall conform in all respects to the plans and speci- fications prepared by the city engineer and on file in his office and according to stakes and grades as set by the city engineer and that any such work shall endure without need of repair for two (2) years from the date of the completion of any such work, and that such contractor will, without charge, make any repairs or replace any such work if the same shaH, in the opinion of the city engineer, become so defective as to require the same within such period of two (2) years. (Code 1960, ~ 26-1104) Sec. 32-214. Sufficiency of bond. Before he 'shall issue any permit hereunder, the city en- gineer shall escertain that the bond filed by the applicant therefor is sufficient to cover the amount of the work to be done under such permit, and in addition thereto, the amount of all work being done by the same person under permits pre- viously issued and which is then uncompleted, and if the amount of any such bond is insufficient to cover all outstand- ing and uncompleted work under permits issued or applied for, no additional permit shall be issued until the applicant therefor shall file an additional bond in an amount sufficient to cover all such work: Provided, that in lieu of any such additional general bond, the applicant for any permit may file a special maintenance bond covering only the specific Supp. No. 19 1352 e e e i 32.214 STREETS AND SIDEWALKS A 32--217 work to be done under any specific permit, and the amount of such work shall not be counted as a part of the work cov- ered by the general bond. (Code 1960, ~ 26-1108) Sec. 32-215. Permit required; application; fee. No sidewalks, driveways curbing, guttering or any other concrete work in any street or public grounds in said city shall be constructed, reconstructed or rebuilt until a permit therefor shall have been issued by the city engineer, upon the application of the person by whom such work is to be done, which application shall show the location and nature of the work, the approximate cost, and such other facts relating thereto as may be required by the city engineer, and shall be on such form as may be prescribed by him, and any such application and the plans and specifications referred to in this article shall be deemed to be a part of any such permit. The fee for issuance of such permit shall be .two dollars ($2.00). (Code 1960, ~ 26-1105; Qrd. No. 8418, ~ 1, 1-6-75) Sec. 32-216. License, bond prerequisite to permit. No permit required by section 32-215 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 1960, ~ 26-1105) Sec. 32-217. Plans adopted; filing; amendments. The plans and specifications for sidewalks, driveways, curb- ing and guttering and other concrete work in the streets and designated "Concrete Sidewalks and Driveways" and dated October, 1961, are hereby adopted by reference: Provided, that the location of sidewalks on parts of certain streets shall be as prescribed by section 32-218 following. Copies shall be kept on file in the offices of the city clerk and the' city en- gineer. No changes, amendments or additions shall be made in or to said plans and specifications except by adoption by ordinance. (Code 1960, ~ 26-1106; Ord. No. 6573, ~ 1, 10- 31-61) Supp. No. 19 1353 fi 32-218 SALINA CODE fi 32-219 Sec. 32-218. Location of sidewalks. Sec. 32-218(1). Sidewalks shall be property-line sidewalks or curb sidewalks. Sec. 32-218(2). 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. Sec. 32-218(3). A curb sidewalk is one abutting the curb or curbline. Sec. 32-218(4). Except as hereinafter provided all side- walks shall be property-line sidewalks. Sec. 32-218(5). When the owners of not less than fifty per cent (50 %) of all land abutting one side of a street between two (2) adjacent streets that cross to run into it or in the case of a dead-end street from the last street to the end of the dead-end street, or in the case of a U street or similar street from the last street before the turn around the turn to the next street, shall petition the board of commissioners that the sidewalk be a curb sidewalk: Provided, that where the layout of a street is such as not to meet the foregoing descriptions, the board of commissioners shall determine the distance to be represented by the petition: Provided further, however, that where the location of an existing sidewalk is other than as provided for herein, the board of commissioners may direct that any connecting sidewalk be located and con- structed so as to connect with the existing sidewalk. (Code 1960, ~ 26-1107; Ord. No. 6839, S 1, 12-21-64; Ord. No. 8073, S 1, 3-9-70) Sec. 32-219. Notice of completion of work; inspection; disap- proval and correction; license revocation. The contractor shall notify the city engineer of the comple- tion of any work for which a permit has been issued here- under. If the city engineer shall, upon inspection of any such completed work, find that such work has not been done in conformity with the plans and specifications for such work. the city engineer shall have authority to order any changes in such work which may, in his opinion, be necessary, or may order the same removed and reconstructed. If any contractor Supp. No. 19 1354 e S 32-219 STREETS AND SIDEWALKS S 32-231 shall fail to comply with any order of the city engineer in connection with any such work, the city engineer may issue an order revoking the license of such contractor, which order may, on application of the contractor filed with the city clerk within ten (10) days from the date of such order, be reviewed' and approved or set aside by the board of commissioners. (Code 1960, ~ 26-1109) e Sec. 32-220. Violations. Any person, whether acting for himself or as the agent, representative, employee, officer or member of any corpora- tion or copartnership, who shall construct, reconstruct or re- build any of the work mentioned in this article in violation of the provisions hereof or contrary to the plans and specifica- tions for such work as provided for herein or who shall do any such work without securing a permit therefor as herein required, or who, when required by this article, shall do any such work without securing the license and filing thl:' 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 1960, ~ 26-1111) Sees. 32-221-32-230. Reserved. Article X. Service Pipes and Sewers Ahead of Paving~ Sec. 32-231. Duty to lay. It sha!l 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: Provided, that such water service pipes, gas service pipes and sewers 'shall not, by said board of commissioners, be ordered cOIJstructed or laid under the provisions of this article except in regard to property abutting upon streets upon which paving has been ordered: Provided further, that the board of commissioners e *Cross reference-For water and sewers generally, see Ch. 35. 1355 ~ 32-231 SALINA CODE ~ 32-235 shall not order the laying or construction of more than one water service pipe, one gas service pipe or one sewer for each two (2) lots or fractional parts thereof along and abutting said paving, nor shall any service pipes or sewers be so or- dered in any streets within said city where the mains for the same are not laid. (Code 1960, S 26-501) State law reference-For authority to require, see K.S.A. 12-832. Sec. 32-232. 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 1960, S 26-502) State law reference-For similar provisions, see K.S.A. 12-833. Sec. 32-233. Laying by city; assessment of costs. In the event 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 construct- ed and laid 'Such water service pipes, gas service pipes or sewers in accordance with the provisions of law and the cost thereof shall be assessed against the two (2) adjoining lots or fractional parts thereof for which such service pipes or sewers are laid. (Code 1960, S 26-502) State law reference-For similar provisions, see K.S.A. 12-833. Sec. 32-234. Certification, collection of assessments. Assessments under this article shall be certified by the city clerk to the county clerk to be collected according to law in the same manner as paving assessments are collected. (Code 1960, S 26-502) State law reference-For similar provisions, see K.S.A. 12-833. Sec. 32-235. 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 1356 e e e ~ 32-235 STREETS AND SIDEWALKS ~ 32-249 the owner or owners shall not construct or cause the same to be constructed, without first having written authority there- for from the board of commissioners. (Code 1960, ~ 26-502) Sec. 32-236. 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 accord- ance with the plans, specifications and requirements as pro- vided for by ordinance or direction of the board of commis- sioners. (Code 1960, ~ 26-503) Sees. 32-237-32-246. Reserved. Article XI. Excavations Sec. 32-247. 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 required for work under contract with the city for which usual performance and maintenance bonds are required, until he shall first secure from the city en- gineer a permit, countersigned by the city clerk, to make such excavation. (Code 1960, ~ 26-601) Sec. 32-248. Permit application required. For the purpose of obtaining the permit above mentioned, the person desiring the same shall file with the city engineer a written application, signed by such person or the authorized representative of the firm or corporation, which shall show the location, size, and purpose of the excavation and such other information as may be required by the city engineer. (Code 1960, S 26-602) Sec. 32-249. Approval, filing of application. A duplicate copy of the permit application approved by the city engineer, and on which he shall note the amount of the estimated deposit, as required by section 32-252, shall be filed with the city clerk. (Code 1960, ~ 26-602) 1357 ~ 32-250 SALINA CODE ~ 32-251 Sec. 32-250. 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 ap- proved 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 violation of the conditions thereof, such bond to be conditioned for the faithful performance by the principal thereof of all work which may be done by him within the period covered by said bond under any permit which may be granted to him under the provisions of this article for the making of any excavation in any street, alley or other public grounds in the city, and that all work done thereunder shall be done in strict conformity with ::'1,11 ordi- nances of the city relating to such work and in accordance with the plans and specifications of the city engineer relating thereto, and that the principal in said bond will indemnify and save harmless the 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 fail- ure to comply with the provisions of this Code or the ordi- nances 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 1960, ~ 26-603) Cross reference--Bonds of contractors, licenses, etc., ~ 2-7 et seq. Sec. 32-251. 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 said surety of its cancellation of liability under such bond and after the filing of such notice with the city clerk, no further permit shall be granted to the principal in any such 1358 e ~ 32-251 STREETS AND SIDEWALKS S 32-254 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 1960, S 26-603 ) e Sec. 32-252. Deposit for cost of refilling; schedule of charges. No such permit shall be granted to any person until he shall deposit with the city clerk a sum sufficient to cover the cost of refilling said excavation and of replacing, repairing and maintaining any pavement over such excavation as provided for herein, the amount of deposit so required to be estimated by the city engineer as provided for in section 32-249 of this article, in no case to be less than ten dollars ($10.00). The city engineer shall prepare a schedule of charges for the re- filling of and the replacing, repairing and maintenance of the pavement over such excavation, which schedule shall be filed in the office of the city clerk and city engineer. (Code 1960, S 26-604) Sec. 32-253. Filling, repair to be done by city. The filling and tamping of all excavations and the repair of all pavements over any such excavation shall be done by the street department on order of the city engineer and in accordance with the specifications for such work prepared by the city engineer. (Code 1960, S 26-605) e Sec. 32-254. 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, exclusive of Sundays and legal holi- days, take charge of such excavation and shall refill the same and make all necessary paving repairs all in accordance with the plans and specifications of the city engineer, and shall certify to the city clerk the quantities of filling and paving repairs required; and the total charges as calculated from such quantities and the schedule of charges prepared by the 1359 S 32-254 SALINA CODE S 32-257 city engineer shall be charged against the person obtaining the permit for the excavation, and taken out of the deposit made when the permit therefor was issued, and the balance, if any, refunded to such person, or if the deposit is found to be insufficient to pay such charges, such person shall pay the balance due thereon to the city clerk immediately on demand. (Code 1960, S 26-606) Sec. 32-255. Special provisions for public service corporations. The city engineer may permit any public service corpora- tion to furnish labor and materials and refill excavations and repair pavements under the supervision of the street depart- ment, in which case the deposit to cover the cost of repairs may be waived and the charges against the public service corporation shall be the actual cost to the street department of such supervision plus twenty-five per cent (25%) for overhead, but the application and permit required by this article shall be required in all cases and all such work shall be done strictly in accordance with the plans and specifica- tions of the city engineer as herein provided for. (Code 1960, S 26-606) Sec. 32-256. Notice required when excavation ready for refill- ing; order to street department. The party to whom any permit is issued under this article shall notify the city engineer in writing when such party is ready for the excavation to be refilled. The city engineer shall note thereon the time of receipt of such notice and 13hall im- mediately order the street department to refill the excavation. (Code 1960, S 26-607) Sec. 32-257. Street department to assume jurisdiction; main- tenance of barriers, etc. The street department shall, within twenty-four (24) hours of the notice required above, exclusive of 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 completed and ready to open to traffic. (Code 1960, S 26-607) 1360 e e e ~ 32-258 STREETS AND SIDEWALKS ~ 32-259 Sec. 32-258. Responsibility of permittee for barriers, etc. The party to whom the permit is issued hereunder shall maintain all barriers, barricades and lanterns and shall be responsible for all damages or injuries arising from or inci- dental to such excavation 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, exclusive of Sundays and legal holidays, after the city engineer has re- ceived written notice that the excavation is ready for re- filling, and after the expiration of said twenty-four (24) hours, exclusive of Sundays and legal holidays, from the re- ceipt of notice by the city engineer, the party making such excavation under any such permit shall not be liable in con- nection with any injuries which may be sustained in con- nection with such excavation except such as may result from defective work done by such person in connection with 'Such excavation, or the actual negligence of such party. (Code 1960, ~ 26-607) Sec. 32-259. Safety precautions required; liability of permit- tee. Every person to whom any permit is issued, as hereinbefore provided, shall enclose all excavations which he or they may make in the public streets, avenues or alleys with sufficient barriers and danger 'Signals at all times, and must maintain sufficient red lights at night, and must take all the necessary precautions to guard the public against all accidents from the beginning of said work to the completion of the same, and shall only make such excavations on condition that he is or they are liable for all damages that may result from the necessary prosecution against the city in consequence of any accident or accidents to persons, animals, vehicles, conduits or property of any kind, and such person, persons, company or corporation shall also be liable to the city on their bond for the same. Trenches or ditches in depth of six (6) feet or more, and in all made or otherwise treacherous soil, or near buildings, the sides of said trenches or ditches shall be so braced as to prevent caving or injury to the adjoining 1361 ~ 32-269 SALINA CODE ~ 32-263 premises; and the party excavating and his bondsmen shall be liable to said city for all damages arising by reason of neglect or carelessness in this respect. (Code 1960, ~ 26-611) Sec. 32-260. 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 1960, ~ 26- 608) Sec. 32-261. Requirements when street being paved. Whenever a street, avenue or alley is about to be paved, the city engineer, or his authorized representative, 'shall notify the property holders, lessees or tenants on such street, avenue or alley, so that all water, steam, gas, drain or sewer con- nections can be made prior to the paving of the same. After the sub grade has been rolled preparatory to the laying of the pavement, no permit shall be issued for the excavation in or on said street within twelve (12) months from the comple- tion of the paving, except for the purpose of repairing leaks in any water, steam, gas, drain, sewer or other pipe or con- duits, meaning hereby to prohibit excavations for all new work in said block within the time above mentioned. (Code 1960, ~ 26-610) Sec. 32-262. Material, manner of excavating and filling. All excavating and refilling shall be made with such ma- terial and in such manner as may be directed by the city engineer or his authorized representative. (Code 1960, ~ 26-611) Sec. 32-263. Condition of restored surface. All paving, curbing, guttering or macadamizing shall be replaced and renewed in as perfect and substantial condition as before being disturbed. (Code 1960, ~ 26-611) 1362 e e e ~ 32-264 STREETS AND SIDEWALKS S 32-267 Sec. 32-264. Qualifications of workmen. AU such paving, curbing, guttering and macadamizing shall be done by men who are experienced in such work and fully qualified to do the same in a proper and substantial manner. (Code 1960, S 26-611) Sec. 32-265. Duty to keep part of street or sidewalk available for use. 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 1960, S 26-611) Sec. 32-266. Plans, specifications. The city engineer shall, from time to time, prepare: standard plans and specifications for the making of excavations in the streets, alleys and other public grounds of the city and for the making of pavement cuts and for refilling and tamping the same and for repairing pavements, which shall be sub- mitted to the board of commissioners for approval, and' when so approved 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 receiving the same shall comply in all respects with all such standard plans and specifications. (Code 1960, S 26-605) Sec. 32-267. Obedience to city engineer. Any directions that may be given, either in v.riting 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 perform the same, shall be deemed a misdemeanor. (Code 1960, S 26-611) 1363 ~ 32-268 SALINA CODE ~ 32-279 Sec. 32-268. Violations. Any person who shall make or attempt to make any exca- vation or refill the same, or do or attempt to do any other act in violation of the provisions of this article, or any person, company or corporation who shall remove or attempt to re- move from the site of the excavation or work any of the barri- cades, danger signals or lights required by the provisions of this article, shall be deemed guilty of a misdemeanor. (Code 1960, S 26-612) Sees. 32-269-32-278. Reserved. Article XII. Railroad Crossings~ DIVISION 1. GENERALLY Sec. 32-279. 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 high- ways, such crossings to be constructed in accordance with the plans and specifications for railroad crossings on file in the office of the city engineer and hereby adopted: Provided, that it shall be deemed compliance with this article for any railroad company to construct and maintain such crossings in a manner as substantial and suitable as provided in the plans and specifications on file in the office of the city engi- neer in which event, however, said company shall first file with the city clerk plans and specifications for the construc- tion of such crossings, and obtain from the city manager permission to construct such crossings in accordance there- with. (Code 1960, S 26-901) *Cross reference-For traffic regulations at railroad crossings, see ~ 22-248 et seq. 1364 e e e ~ 32-280 STREETS AND SIDEWALKS ~ 32-288 Sec. 32-280. Waiver of construction requirements. The city manager may waive the provisions of this division by written waiver as, to any crossing which it is unnecessary to construct and maintain in accordance herewith on account of light traffic over such crossing, and a written waiver 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 commissioners, which may be done at any time. The city manager shall file with the city clerk a copy of all such waivers, and the city clerk shall keep them on file until they are revoked. (Code 1960, S 26-902) Sees. 32-281-32-285. Reserved. DIVISION 2. STREET LIGHTS Sec. 32-286. Necessity declared. The board of commissioners deems it necessary that the streets and street intersections in the city as designated as provided by this division, over, along and across which the railway lines and tracks owned and/or operated by railway companies, be lighted, and such railway companies be re- quired to adequately light the same in accordance with the provisions and authority contained in K.S.A. 13-1904. (Code 1960, ~ 26-1001) Sec. 32-287. Lights required. When required by resolution of the board of commissioners, railway companies shall install street lights sufficient to adequately light intersections of their tracks within the streets of the city. (Code 1960, S 26-1002) Sec. 32-288. Type of lights. The railroad companies so required to install street lights are hereby required to light the streets and crossings so designated with adequate street lights of the same general kind and character as those now used by the city in lighting its street intersections, being arc lights of the suspension 1365 ~ 32-288 SALINA CODE ~ 32-291 type with capacity af nat less than faur hundred (400) candle pawer, except that if the baard af cammissianers deems praper, lights af a different kind af less capacity may be installed and/ar maintained at such paints: Pravided, that special permissian far any such change shall be first secured fram the baard af cammissianers. (Cade 1960, ~ 26-1003) Sec. 32-289. Installatian. Said railraad campanies shall have the right to' furnish, install and maintain such lights themselves, to' cantract with any ather persan far such lighting, and to' pay the cast and maintenance thereaf direct to' any such per san, ar may pay the cost af such installatian and maintenance to' the city, in which event, upan the written agreement to' any such railraad camp any to' pay such cast, the city shall install ar cause the installatian af such lights and maintain the same as a part af its street lighting system and callect the cast af such in- stallatian and maintenance fram such railraad campanies. (Cade 1960, S 26-1004) Sec. 32-290. Failure to' install; installatiO'n by city; assessment O'f casts. If any railraad campanies shall fail, refuse ar neglect to' install and/ar maintain any lights required in this article, the city may install and/ar maintain the same ar cantract with any persan far such installatian and/ar maintenance and the cast af such installatian and/ar maintenance shall be charged against any such railraad campany sa failing, refusing ar neglecting to' install and/ar maintain the same and such cast shall be a lien up an the praperty and franchises af any such campany and shall be taxed against the praperty af such cam- pany in the same manner as ather taxes are levied'. (Cade 1960, ~ 26-1005) Sec. 32-291. When lights to' be burning. All lights required by this article to' be installed and/ar maintained by any such railraad campanies shall be kept burning at all times fram sundawn an each day until sunrise 1366 e ~ 32-291 STREETS AND SIDEWALKS S 32-305 on the following day, and in any event during all hours on each day when other street lights of the city are kept burning. (Code 1960, ~ 26-1006) Sees. 32-292-32-301. Reserved. Article XIII. Snow and Ice on Sidewalks Sec. 32-302. Declared nuisance. All snow and ice remaining upon any sidewalks abutting on any lot, tract, or piece of land twelve (12) hours after said snow has fallen or ice has accumulated are hereby de- clared to be a nuisance. (Code 1960, ~ 26-1203) Sec. 32-303. Duty to remove. e It is hereby made the duty of the owner, occupant or person in charge of any lot or piece of land abutting on any sidewalk to remove all snow and ice fallen or accumulated upon the sidewalk within twelve (12) hours after such snow has fallen or ice has accumulated. (Code 1960, ~ 26-1201) Sec. 32-304. 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 side- walk to fail to remove from such sidewalk any snow or ice within twelve (12) hours after said snow has fallen or ice has accumulated upon said sidewalks. (Code 1960, ~ 26-1202) e Sec. 32-305. Removal by city and assessment of costs. The city manager is hereby authorized and empowered to cause the removal of snow and ice constituting a nuisance and to keep a true account of the cost of such removal and to report said cost as to each lot, tract or piece of land to the board or commissioners, and the board of commissioners shall 1367 S 32-305 SALINA CODE S 32-305 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 col- lected 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 1960, S 26-1203) [The next page is 1393] 1368 - Chapter 32A TAXATION Art. I. In General, ~~ 32A-I-32A-I0 Art. II. Transient Guest Tax, ~~ 32A-1l-32A-13 ARTICLE I. IN GENERAL Sec. 32A-1-32A-10. Reserved. ARTICLE II. TRANSIENT GUEST TAX* e Sec. 32A-ll. Tax levied. There is hereby levied a transient guest tax of two (2) per cent upon the gross receipts derived from or paid by transient guests for sleeping accommodations, exclusive of charges for incidental services and facilities, in any hotel, motel or tourist court located within the corporate limits of the City of Salina, Kansas. (Res. No. 3339, ~ 1, 9-26-77) Sec. 32A-12. Collection. The tax hereby levied shall be collected, administered and used in accordance with the provisions of Chapter 93 of the 1977 Session Laws of Kansas. (Res. No. 3339, ~ 2, 9-26-77) Sec. 32A-13. Convention and tourism committee. There is hereby established a committee to be known as the convention and tourism committee to be appointed by the board of commissioners. The committee shall consist of ten (10) members, a majority of which shall be representatives of business coming within the terms of this article. In ap- pointing this committee the board of commissioners shall attempt to create a representative balance of large and small businesses and businesses from the various geographic areas e *Editor's note-Article II, ~~ 32A-1l-32A-13, is derived from Res. No. 3339, ~~ 1-3, enacted Sept. 26, 1977, which resolution was nonamenda- tory of this Code. Supp. No. 24 1379 ~ 32A-13 SALINA CODE ~ 32A-13 of the city. The initial appointment to the committee shall be for terms of one, two (2), three (3) and four (4) years and thereafter all appointments shall be for a term of four (4) years and until the successor is qualified; provided how- ever, that no person shall serve for more than four (4) con- secutive years. The duties of said convention and tourism committee shall be to make recommendations concerning the programs and expenditures for promotion of convention and tourism from the tax collected pursuant to this resolution. (Res. No. 3339, ~ 3, 9-26-77) [The next page is 1393] Supp. No. 24 1380 e e . Chapter 33 TREES AND SHRUBS* Art. I. In General, M 33-1-33-20 Art. II. Trimmers and Treaters, ~~ 33-21-33-40 Art. III. Diseased Trees and Shrubs, ~I~ 33-41-33-43 Article I. In General Sec. 33-1. Authority to regulate. The board of commissioners is hereby authorized to regulate the planting, maintenance, treatment and removal of trees and shrubbery upon all streets, alleys, avenues, boulevards and parkings within the city. Sec. 33-2. Rights of property owners over plants in park- ings. The owners of property abutting on streets, alleys, avenues and boulevards shall have such title to and property in grow- ing trees and shrubbery in the parking in front or to the side of such real estate between the curb line and the prop- erty 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 property in front of which they are situated may sustain by reason thereof and such abutting property owners shall all have the right of action in any court of competent jurisdiction to enjoin injury to or destruc- tion of such trees, shrubbery and parking, except that no recovery or injunction 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 shrubbery located thereon. *Cross references-Obstructing visibility at intersections, ~ 32-55 et seq.; for fences, walls, and hedges, see ~ 9-346 et seq.; use of public property for civic purposes by abutting property owners, ~ 32-41; trim- ming of trees and branches interfering with utilities, ~ 30..10; for weeds and obnoxious growths, see ~ 15-40 et seq. 1393 ~ 33-3 SALINA CODE S 33-5 Sec. 33-3. Injuring trees. Any person who shall cut, girdle, destroy or in any manner injure any shade tree or fruit tree, standing or growing, wholly or partly, in or on any street or alley, without the consent of the abutting landowner and the board of commis- sioners of the city, shall be guilty of a misdemeanor. (Code 1960, ~ 23-412) Sec. 33-4. 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 or avenues and within the curb line thereof, and all trees or branches or limbs thereof growing or situated on any such real estate, which overhang any such street or avenue, to be properly trimmed in such a manner as not to interfere with public travel upon the streets and sidewalks in front or abut- ting upon any such property, and such trimming shall be done in a proper and scientific manner by a person familiar with the proper manner of doing such work, so as not to injure or destroy such trees. Any trees or limbs, projecting beyond the back of the curb line or the usual location thereof at a point less than twelve (12) feet above the street level, are hereby declared to be hazardous and to interfere with the use of said streets and avenues. Any trees or limbs pro- jecting over any sidewalk or usually traveled pedestrian way, at a point less than eight (8) feet above the level of any thereof, are hereby declared to be hazardous and to interfere with the use of sidewalks and usually traveled pedestrian way. (Code 1960, 99 23-1118, 28-101) Sec. 33-5. Removal of dead trees, 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 growing in front of such real estate but within the boundary line of any such street or avenue and within the curb line 1394 e S 33-5 TREES AND SHRUBS S 33-8 thereof, or any dead tree or any dead limb or branch of any tree situated or growing upon any such real estate, but over- hanging any such street or avenue, or sufficiently near thereto to become dangerous to the public traveling thereon or on any sidewalk, which said dead trees or dead 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 any such property. (Code 1960, S 28-102) e Sec. 33-6. Notice requiring trimming or removal. The superintendent of streets is hereby authorized and directed, whenever in his opinion it becomes necessary, to notify in writing the owner of any such real estate to cause the trimming of any trees as required by 'Section 33-4, or to cause the removal of any dead trees or dead limbs 01' branches of any trees as required by section 33-5, 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 said property in the same manner. (Code 1960, S 28-103) Sec. 33-7. Failure to comply with notice. if within five (5) days from the date of the service of the notice required by section 33-6, 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 streets shall cause a complaint to be filed in the police court and such owner, or occupant, or person in charge of said property shall be prosecuted for the viola- tion of the provisions of this article, but failure to serve such notice shall not relieve any person from complying with the provisions of section 33-4 and 33-5, and any violator thereof shall be punished whether such notice is served or not. (Code 1960, S 28-103) e Sec. 33-8. Criminal violations. Any person who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor, and for each 1395 ~ 33-8 SALINA CODE ~ 33-10 day upon which any condition by this article prohibited is permitted to continue, after the time fixed in any notice given by the superintendent of streets, a separate offense shall be deemed to be committed. (Code 1960, ~ 28-104) Sec. 33-9. Violations declared nuisance; abatement. In addition to the other provisions of this article, any tree which is not trimmed in accordance with the provisions here- of, or any dead tree or dead branch or limb of any tree which is not removed' in accordance with the provisions hereof, 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 said 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 superin- tendent of streets, as herein provided' or otherwise, the nuis- ance so existing shall be abated as other nuisances are abated according to law, and upon a finding by the police judge in a proper action brought for such purpose that such nuisance exists, such nuisance shall, if not abated and removed by the owner, occupant, agent or person in charge of such premises within the time (not to exceed five (5) days) to be fixed by the police judge, be abated and removed by the superin- tendent of 'Streets and the cost thereof reported' by him to the city clerk, and assessed against the lot or piece of land upon which the same exists, or abutting the street or avenue upon which the same exists, and certified by the city clerk to the county clerk and collected as other taxes are collected. (Code 1960, ~ 28-105) Sec. 33-10. Right of city to maintain trees not affected. Nothing in this article shall be deemed to impair the right of the city to trim, protect or otherwise care for trees upon all public streets, avenues, boulevards, parks and other public grounds, and the superintendent of streets, or superintendent 1396 e e e ~ 33-10 TREES AND SHRUBS ~ 33.-23 of parks or either of them are hereby authorized and directed, whenever it may be necessary, to perform or to cause to be performed any such work. (Code 1960, ~ 28-105) Sees. 33-11-33-20. Reserved. ARTICLE II. TRIMMERS AND TREATERS* Sec. 33-21. Definitions. The following terms are for the purpose of this article defined as follows: Sec. 33-21 (1). Person means any individual, partnership, association of persons or corporation who engage in the business or trade of trimming trees, shrubs, or treating trees or shrubs for the control of pests. Sec. 33-21 (2). Pest means any fungus, insect, or rodent which by its presence in or on a tree or shrub, may damage or destroy said tree.or shrub. (Ord. No. 6699, ~ 1, 4-2-63) Sec. 33-22. Exemptions. This article shall not apply to any person working at his own residence or established place of business or to wage hands of said person working thereon nor shall it apply to holders of street franchises authorized to trim trees or shrubs therein. This article shall not apply to officials or employees of the federal, state, county, or city governments engaged in the performance of their official duties. (Ord. No. 6699, ~ 9, 4-2-63) See. 33-23. License required. No person, partnership, association, or corporation shall engage in the business or trade of trimming trees Qr shrubs or treating trees or shrubs for the control of peRts within the city without first having obtained a license therefor. (Ord. No. 6699, ~ 2, 4-2-63) .Cross referenee--For lieenses generally, see Ch. 20. Supp. No. 19 1397 ~ 33-24 SALINA CODE ~ 33-27 Sec. 33-24. License application required. A written application for a license for the trimming of trees or shrubs or treating of trees or shrubs shall be filed with the city clerk. Said application shall meet the following requirements: Sec. 33-24(1). Name, business address, and phone number of applicant. Sec. 33-24(2). Description of the extent of work intended to be licensed. Sec. 33-24(3). Compliance with the laws of the State of Kansas relating to pest control operators, where appli- cable. Sec. 33-24(4). Filing of required bond and certificate of liability insurance. Sec. 33-24(5). Payment of the required license fee. (Ord. No. 6699, ~ 3, 4-2-63) Sec. 33-25. Approval of license application. Licenses required by this article shall be issued by the city clerk only after the application therefor has been approved by the board of commissioners. (Ord. No. 6699, ~ 2, 4-2-63) Sec. 33-26. License fee. The city clerk 'Shall collect the following license fees from applicants: Sec. 33-26(1). For the trimming of trees and shrubs $20.00 Sec. 33-26(2). For the treating of trees and shrubs 20.00 Sec. 33-26(3). For the trimming and treating of trees and shrubs mmn____mm________________mmn_______mn__ 33.00 (Ord. No. 6699, ~ 4, 4-2-63; Ord. No. 8399, ~ 1, 11-25-74) Sec. 33-27. Bond and insurance. Each person who makes application for a license or re- newal thereof under this article shall furnish an acceptable surety bond and certificate of liability insurance covering the work in which they are engaged and upon the terms and con- ditions hereinafter set out. Said bond shall be executed by the applicant as principal and by a solvent corporation au- Supp. No. 19 1398 e e e ~ 33-27 TREES AND SHRUBS ~ 33-28 thorized to do business within the state as surety in the sum of five thousand dollars ($5,000.00). Said bond shall be for the term of not to exceed one year and shall extend to cover the licensing period; shall be to the city for the use and benefit of such persons as may suffer by breach thereof; and shall be conditioned upon compliance by the principal, his agents, servants and employees with the provisions of this article. Said certificate of insurance shall show that the ap- plicant is covered by an effective liability insurance policy issued by a solvent corporation authorized to do business within the State of Kansas and shall be issued with minimum limits of $25,000.00 - $50,000.00 for bodily injury and $10,000.00 for property damage. Said bond and insurance policy shall not be cancelled or terminated until at least twenty (20) days after a notice of cancellation of said bond or insurance policy is received by the city clerk. (Ord. No. 6699, ~ 5, 4-2-63) Sec. 33-28. Refusal to grant or revocation of license. The board of commissioners may at any time revoke a license or decline to grant a license under the following cir- cumstances : Sec. 33-28(1). The licensee doing business as a pest control operator under the laws of the state ha's had his Kansas license revoked; provided, said license, where ap- plicable, shall be revoked only as to the treating of trees and shrubs. Sec. 33-28(2). Said 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 received from the city, that the surety bond or insurance policy previously fur- nished by said licensee is to be cancelled or terminated. Sec. 33-28(3). The licensee or any employee, solicitor, agent, or representative of said licensee has made any ma- terial misrepresentations for the purpose of defraud- ing any member of the public. Sec. 33-28 ( 4). The licensee or any employee, solicitor, agent, or representative of said licensee has used any method 1399 ~ 33-28 SALINA CODE S 33-41 or material which is not suitable for the purpose for which it is employed or provided, or has used any method or material without respect to public health, safety, and welfare in the treating of trees and shrubs. Revocation of a license shall be effected by giving no- tice in writing posted not less than fifteen (15) days prior to the date set for revocation of said license and mailing said notice to the licensee at his address as shown by the record of the city. (Ord. No. 6699, S 6, 4-2-63 ) Sec. 33-29. Expiration of licenses. Licenses issued' under this article shall expire on the thirty- first (31st) day of December of the year for which the same are issued. (Ord. No. 6699, S 2, 4-2-63) Sec. 33-30. Transferability of licenses. A license granted hereunder shall not be transferable. 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 article; 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 dis- cretion. (Ord. No. 6699, S 7, 4-2-63) Sees. 33-31-33-40. Reserved. Article III. Diseased Trees and Shrubs Sec. 33-41. Notice requiring cutting or removal. Whenever any competent city authority or competent state or federal authority, when requested by the board of com- missioners of the city, shall file with the board of commis- sioners 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 city are in- 1400 e li 33-41 TREES AND SHRUBS li 33-42 fected or infested with or harbour any tree or plant disease or insect pest or larvae, the uncontrolled 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 commissioners shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or re- move 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 department by delivering a copy thereof to the owner or agent of such property or if the same shall be un- occupied and the owner a nonresident of the city. then the city clerk shall notify the owner by mailing a notice to his last known addres's, such notice providing the said nonresident owner at least ten (10) days in which to comply with the terms of this article. e Sec. 33-42. Failure to comply with notice. e If the owner or agent shall fail to comply with the require- ments of the notice required by section 33-41, within the time specified in said notice, then the duly authorized officer of the city shall proceed to have the designated tree, tree ma- terials or shrub treated or removed and report the cost there- of to the city clerk and the cost of such treatment or removal shall be paid by the owner of the property or shall be as- sessed 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 parcel 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 assess- ment. 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 extend 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 1401 ~ 33-42 SALINA CODE ~ 33-43 or other proper fund of the city and such funds shall be re- imbursed when payment thereof is received or when such assessments are collected and received by the city. Sec. 33-43. 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 resulting 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. 1402 [The next page is 1427] e Chapter 34 VEHICLES FOR HIRE* Art. I. In General, llll 34-1-34-18 Art. II. Freight Vehicles, !l'!l 34-19-34-38 Art. III. Taxicabs, llll 34-39-34-106 Div. 1. Generally, ~~ 34-39-34-86 Div. 2. Drivers, ~~ 34-87-34-106 Article I. In General e Sec. 34-1. 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 Code or any ordinance, or when such package or article shall be left in the custody of the driver of any such vehicle, 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 1960, ~ 16-905) Sec. 34-2. License plate required. Whenever under any ordinance of the City of Salina a license fee is required to be paid by the person, owning or operating any vehicle for hire, including drays, transfer wagons, trucks and other similar vehicles, the city clerk shall, upon payment of any such license fee, furnish to the person paying the same a metal license plate, which shall be fastened securely in some conspicuous place on the outside of the front or right side of the vehicle for which such license fee was paid. (Code 1960, ~ 16-907) Sec. 34-3. Displaying plate on wrong vehicle. It shall be unlawful for any person to display on any vehicle any license plate issued by the city clerk upon the payment of the license fee for any other vehicle. (Code 1960, ~ 16-909) e *Cross references-For licenses generally, see Ch. 20; designation and use of bus and taxicab stands, ~ 22'-141; marking of taxicab stands, ~ 22-142. 1427 ~ 34-4 SALINA CODE ~ 34-7 See. 34-4. Revocation of license for wrongful display of plate. If any license plate issued for one vehicle for hire is used upon any other vehicle, the license covering the vehicle for which such license plate was issued shall be revoked and no license shall thereafter during the same year be issued for such vehicle, and it shall be unlawful to drive or operate any such vehicle on the streets of the city for hire after any such license is revoked and before a new license is issued therefor. (Code 1960, ~ 16-909) Sec. 34-5. Smoking, lighting matches, lighters on buses. Any person who shall ignite a match, lighter or smoke a cigarette, a cigar, a pipe or any other item or thing on any bus, shall be guilty of a misdemeanor. A bus for the purpose of this section is any motor vehicle 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 of Salina, and which vehicle has a capacity of ten (10) or more persons. (Code 1960, ~ 23-1138) Sec. 34-6. Reimbursement of fuel tax to bus systems--De- clared lawful. It shall be lawful for the board of commissioners to re- imburse any person, firm or corporation all or any part of the motor fuel tax or the special fuel tax imposed by law which has been paid by such person, firm or corporation on motor fuel or special fuels used for the purpose of operating or propelling motor vehicles in connection with the transpor- tation of persons in the operation of a mass public transpor- tation system over fixed routes within the city and its immediate environs under a franchise granted by the city. (Ord. No. 6890, S 1, 11-8-65) State law reference-For authority to make reimbursement, see K.S.A. 12-2840. Sec. 34-7. Same-Application, approval. Any person, firm or corporation seeking reimbursement for motor fuel tax or special fuel tax under the provisions of 1428 e e e ~ 34-7 VEHICLES FOR HIRE ~ 34-20 the preceding section shall file a verified application with the city clerk setting forth the amount of motor fuel tax or special fuel taxes paid, the period during which Raid taxes were paid and the route or routes upon which vehicles using said fuels were operated. The city clerk shall. transmit the application to the board of commissioners for their con- sideration at their next regular meeting. Upon receipt of the application, the board of commissioners may allow re- imbursement of all or any part of the motor fuel tax or spe- cial tax paid by the applicant or may reject the entire appli- cation. (Ord. No. 6890, S 2, 11-8-65) Sec. 34-8. Same--Fund for payment. Any reimbursement of motor fuel tax or special fuel tax authorized by the board of commissioners shall be paid from the street fund of the city. (Ord. No. 6890, S 3, 11-8-65) State law rderence--For similar provisions, see K.S.A. 12-2840. Sees. 34-9-34-18. Reserved. ARTICLE II. FREIGHT VEHICLES Sec. 34-19. License required. It shall be unlawful to run, use or drive upon the public streets and thoroughfares of the city any coach, automobile, transfer wagon, express wagon, dray or wagon or vehicle of any kind or description used for carrying, conveying or trans- porting of baggage, goods, wares or merchandise within said city for pay, without first having and procuring a license therefor, as in this article provided. (Code 1960, ~ 16-901) Sec. 34-20. Exemption. The provisions of this article shall not apply to vehicles kept and used solely in the prosecution 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 1960, S 16-901) Supp. No. 19 1429 ~ 34-21 SALINA CODE ~ 34-26 Sec. 34-21. Issuance, contents of license. The license provided for in this article shall be issued by the city clerk, and shall be signed by the city manager and the clerk, with the .corporate seal of the city affixed thereto, and shall recite the number of the license, the name of the person to whom issued, the amount paid for such license, a description of the vehicle licensed and the character of the business in which it is to engage. (Code 1960, ~ 16-902) Sec. 34-22. License fee. The license fee for any vehicle used in the city in the busi- ness of transporting for hire therein any goods, wares, mer- chandise, baggage, parcels, furniture or other thing or prop- erty of any kind or nature whatsoever shall be twenty dollars ($20.00) per year, or any portion thereof, for each such vehicle: Provided, that any person licensing more than two (2) such vehicles owned and operated by him shall pay at the rate of thirteen dollars ($13.00) per year for each such vehicle over and above two (2) such vehicles. (Code 1960, ~ 16-903; Ord. No. 8400, ~ I, 11-25-74) Sec. 34-23. Prorating fees prohibited. No license shall be issued under this article for a less sum than the annual rates specified in section 34-22 hereof. (Code 1960, ~ 16-904) Sec. 34-24. Receipt for fee prerequisite to license. No license required by this article shall be issued until the person applying therefor 'Shall furnish to. and file with the clerk the receipt of the city treasurer showing the payment of the amount required by this article to be paid for any such license. (Code 1960, ~ 16-902) Sec. 34-25. Licenses nonassignable. All licenses issued under this article shall be nonassignable. (Code 1960, ~ 16-904) Supp. No. 19 1430 e 9 34-26 VEHICLES FOR HIRE * 34-39 Sec. 34-26. Age of licensees. No license under this article shall be granted to any person under eighteen (18) years of age. (Code 1960, S 16-904) Sec. 34-27. Revocation of licenses. All licenses required by this article 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 1960, S 16-904) e Sec. 34-28. Violations. It shall be unlawful for any person to do any of the things hereinbefore prohibited, or to fail to do any of the things hereinbefore commanded to be done in this article; and any person who shall drive, propel or run any of the vehicles named in this article used for carriage of good's or merchan- dise for pay without first procuring a license therefor, as in this article provided, or who shall violate any of the provisions of this article for which a penalty is not otherwise prescribed, shall be deemed guilty of a misdemeanor. (Code 1960, S 16-906) Sees. 34-29-34-38. Reserved. Article III. Taxicabs DIVISION 1. GENERALLY . Sec. 34-39. Definitions. Whenever used in this article, the following terms shall be respectively defined as follows: Street shall mean and include every public street, alley, avenue, road, highway, thoroughfare or public place in the city. Taxicab shall include any and all motor vehicles carrying passengers for hire for which a charge is made and for which public patronage is solicited': Provided, that motor buses 1431 S 34-39 SALINA CODE S 34-42 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. Taximeter shall mean and include a mechanical device affixed to taxicabs and designed to measure the distance driven and calculate the charge therefor, which is so installed that the figures or fares as stamped by the machine may be given to the passenger as a receipt. Said term shall be deemed to include 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 1960, S 16-1001 ) Sec. 34-40. Scope of terms "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 members of any corporation, firm, part- nership or association owning or operating any such taxicab and any such agent, officer, manager or member of any such corporation, firm, partnership or association shall be subject to any and all of the penalties provided for the violation of any of the terms hereof by any such owner or operator. (Code 1960, S 16-1038) Sec. 34-41. Exemption for vehicles used at funerals, weddings. The provisions of this article shall not include any pas- senger vehicle for hire while being used for service at funerals or weddings. (Code 1960, S 16-1034) Sec. 34.42. Violations. Except as otherwise specifically provided for in this article, any person who shall violate any of the provisions of this article, or who shall operate and drive in the cfty any taxicab without being licensed so to do as provided for in said article or after any such license has been suspended or revoked or who shall fail to comply with any of the requirements of said article, shall be guilty of a misdemeanor. (Code 1960, 9 16-1039) 1432 - e e !i 34-43 VEHICLES FOR HIRE !i 34-45 Sec. 34-43. License required. No person, either acting as owner, principal, agent, em- ployee, lessee or licensee shall operate or permit to be oper- ated upon the streets of the city any taxicab without first having procured a license therefor as hereinafter provided. (Code 1960, S 16-1002) Sec. 34-44. Application required; contents. 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 containing the following information: Sec. 34-44(1). The full name and address of the owner and operator; Sec. 34-44(2). Make, motor and type of vehicle; Sec. 34-44(3). Seating capacity (including driver) ; Sec. 34-44(4). Motor and serial number and state license number of the vehicle; Sec. 34-44(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 directors of such corporatiOll, and if a partnership, the name of all the partners; ::iee. 34-44(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 policy, and such other informa- tion, statements and agreements as may be required on a printed form furnished by the city clerk for such purpose; and ::iee. 34-44(7). The character and type of taximeter. (Code 1960, S 16-1004) Sec. 34-45. 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 1960, S 16-1014) 1433 ~ 34-46 SALINA CODE ~ 34-50 Sec. 34-46. Title certificate required. The application for a license hereunder shall be accom- panied by the title certificate issued by the state showing ownership of such vehicle, which certificate 'Shall be left with the city clerk while any license issued on such applica- tion is in effect. (Code 1960, ~ 16-1003) Sec. 34-47. Vehicle covered by license. Any license for the operation of a taxicab shall apply to and cover only the specific vehicle described in the applica- tion therefor until on application duly made by the same owner and operator the right to transfer such license to an- other vehicle is granted by the board or commissioners. (Code 1960, ~ 16-1004) Sec. 34-48. Signing of application, identification of interested parties. Every application for a license hereunder 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 1960, ~ 16-1004) Sec. 34-49. Transfer of license. No license issued for the operation of any taxicab shall be assigned or transferred to any other person as owner or operator except upon application for such transfer made to and granted by the board of commissioners. (Code 1960, ~ 16-1004) Sec. 34-50. Driving unlicensed, improperly licensed 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 1434 e e e S 34-50 VEHICLES FOR HIRE S 34-51 for such vehicle was issued or on which any license 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 1960, 99 16-1004, 16-1010; Ord. No. 6863, S 1, 6-28-65) Sec. 34-51. Approval of application. The applicant for any license hereunder shall at the time the application is filed with the city clerk, pay to the city clerk the fee for such license as provided for by this article and the city clerk shall thereupon after inspection and approval of such vehicle as provided for in this article, present such application to the board of commissioners at the next regular meeting of such board. The board of commissioners shall if they consider that the public convenience and necessity re- quire the licensing of such taxicab, in addition to any other taxicabs which may at that time be operating under licenses issued by the city, and if they deem the applicant therefor to be of good moral character and that such applicant or any person employed by him will operate the taxicab for which a license is desired properly and for the best interest of the public and that they will conform to and obey the ordinances of the city relative to the operation of taxicabs and all other ordinances of 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: Provided, that the board of commissioners shall not approve 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 necessary 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 detrimental to the best interest of the city and its inhabitants and the general public, and shall reject and deny any application in the event that they consider that the granting of such license would increase the number of taxicabs licensed to operate in the city beyond' the number necessary for the best interests and convenience 1435 ~ 34-51 SALINA CODE S 34-52 of the inhabitants 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 1960, 9 16-1005) . Sec. 34-52. Insurance required. It shall be unlawful to operate a taxicab for hire or to permit the same to be operated in the city and no license for ( . the operation thereof shall be granted by the board of com- missioners until the applicant for a license shall deposit with the city clerk a policy of liability insurance issued to and covering such applicant and the taxicab described in his ap- plication, 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 and in such amount as the board may deem sufficient to adequately pro- tect the interest of the public, which policy shall bind the company or association issuing the same to pay compensation for injuries to or death of persons and for loss of or damage to property resulting from the negligent operation of such taxicab, and shall make additional arrangements for the pro- tection of the public supplementing such insurance policy as the board of commissioners shall require and approve. Any such insurance policy shall have incorporated therein, or at- tached thereto by endorsement thereon, recitals to the effect that the policy is issued in accordance with and under the requirements of this article pertaining thereto and that it is issued for the benefit of and for the purpose of protecting the public, including passengers therein, against injuries or damages resulting from the negligent operation of said taxi- cab and that it shall remain effective until concelled as herein provided for, irrespective of any statements, declarations, misrepresentatives, acts or omissions of the assured or of any agent, servant, employee or representative of assured either in the application for said policy or in the schedule of statements or declarations contained or referred to in said policy, including statements as to ownership, or made, com- mitted or omitted before or after the occurrence of any injury or damages caused by the operation of such vehicle, and shall 1436 e e e ~ 34-52 VEHICLES FOR HIRE ~ 34-53 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 asso- ciation 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 provisions are specifically recited therein or not. (Code 1960, ~ 16-1006) Sec. 34-53. 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 another 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, including its brakes, lights and other equipment and its registering meter, if any, and to certify to the board of commissioners his approval or rejection of such taxicabs, and no application for a license shall be approved by the board of commissioners and no license shall be issued by the city clerk until the con- dition of such vehicle has been approved and certified by the city manager. The decision of the city manager with refer- ence to such condition shall be final and conclusive, except that the board of commissioners may, if they deem it proper and necessary, direct the issuing of 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 renders 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, or oftener if necessary, as to its physical and mechanical con- Supp. No. 19 1437 ~ 34-53 SALINA CODE ~ 34~55 dition and the city manager is hereby empowered to suspend the license of such taxicab until the owner or operator of such taxicab shall have repaired the same or restored such taxicab to such physical and mechanical condition as shall meet the approval of the 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 suspended by the city manager, shall allow or permit such taxicab to be used until the 'Same shall be reinsfected and approved by the city manager. (Code 1960, ~ 16-1007) Sec. 34-54. 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 or the sum of seven dollars ($7.00) if such examination is per- formed 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 license shall be revoked upon the failure of the licensee to pay such fee. (Code 1960, ~ 16-1008; Ord. No. 8401, ~ 1, 11-25-74) Sec. 34-55. Issuance of license. After the application for any taxicab license has been filed with the city clerk and the condition 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 ownership of such taxicab which shall contain the name of the licensee including both owner and operator and a de- scription of the vehicle licensed and before any such license is delivered to the licensee it shall be endorsed thereon in the presence of the city clerk with the signature of the owner and operator named in such license. (Code 1960, ~ 16-1009) Supp. No. 19 1438 e e e ~ 34-56 VEHICLES FOR HIRE ~ . 34-59 Sec. 34-56. License register required. The clerk shall keep a register of all licenses issued by him under this article showing the name of the owner and operator to whom the license is issued, the description of the vehicle including motor and serial number, the name of any person to whom any assignment and transfer of any license or of any licensed vehicle is made, the date when issued or transferred, the amount paid for such license, the datE' of its expiration, the name of the insurance carrier with the number and date of expiration. (Code 1960, ~ 16-1009) Sec. 34-57. License duration, fee. A license issued under this article shall be for a period ending December thirty-first next after it is issued. The li- cense fee for each year, or any fraction thereof, shall be thirteen dollars ($13.00) per taxicab. (Code 1960, 16-1010; Ord. No. 6863, ~ 1, 6-28-65; Ord. No. 8402, ~ 1, 11-25.74) Sec. 34-58. Revocation of licenses a'Uthorized. Licenses issued under this article 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 said board may also revoke such license for any cause which the board deems constitutes reasonable grounds for such revo- cation and also for such causes as are otherwise in this article provided for. (Code 1960, ~ 16-1010; Ord. No. 6863, ~ 1, 6-28-65) Sec. 34-59. Revocation, suspension of vehicle and drivers' li- censes for violations. In the event the operator of any taxicab violates any pro- visions of this article, the license for the operation of the same and the taxicab driver's or operator's license shall be suspended by the chief of police for a period of ten (10) days. In the event either of such licensees, the owner or the driver, desires to appeal, they may appeal within said time 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 said appeal shall be heard at the supp. No. 19 1439 ~ 34-69 SALINA CODE ~ 34-62 next succeeding meeting of the board of commissioners. At such hearing the board of commissioners may reinstate any such license or licenses or may permanently revoke the same. In the event no appeal is effected from the suspension herein provided for by the chief of police, thereupon said suspension shall be deemed to be a revocation for the remainder of the license term. In the event of revocation resulting from a suspension as aforesaid or revocation by the board of com- missioners, thereupon the person, whose driver's license is revoked in any of the manners aforesaid or the taxicab, shall not be relicensed at any time within a period of two (2) years from the effective date of said revocation. (Code 1960, ~ 16-1036) Sec. 34-60. 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 condi- tion mechanically and otherwise, including brakes, lights and other equipment, or which is in any manner defective, unsafe or unfit for use. (Code 1960, ~ 16-1011) See. 34-61. Vehicle, driver's licenses to be posted; inspection; signature required for identification. The license issued by the city clerk for the operation of any taxicab and also the driver's license issued by the city to the driver thereof, or identification cards issued by the city clerk as provided for in this article, shall at all times, while the taxi- cab is being used or maintained or offered for use for hire to the public, be kept in a conspicuous place in the taxicab itself, and shall be subject to inspection at any time by any officer of the city. 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 1960, ~ 16-1012) Sec. 34-62. Requirements for vehicles. No taxicab shall be licensed unless it shall meet the follow- ing specifications and requirements: Supp. No. 19 1440 e e e ~ 34-62 VEHICLES FOR HIRE ~ 34-63 Sec. 34-62(1). Frames for cards; manner of posting. Every taxicab shall be equipped with a frame for the proper display of the owner's fare rate card and the owner's and driver's identification cards, as required by this article and the laws of the state. 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 of fare to be charged. If the fare to be charged is upon a mileage basis, it shall so state and shall give the schedule of rates; if the fare to be charged is based upon the carrying of passengers with- in 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 said names and the rates of fare shall be of sufficient size and shall be so illuminated at night that it can be clearly read at a distance of three (3) feet. ::)ec.34-62(2). Knobs (rr handles of doors. Every taxicab shall have a knob or handle upon the inside of all doors thereof by which said doors may be easily opened from the inside. Sec. 34-62(3). Name and number on outside of cab. Every taxicab that is authorized and licensed to operate 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 (8) inches in height. Each taxicab shall have painted thereon on each side the name or names of the personR or com- pany owning and operating the same; the letters con- stituting said names shall be block letters and at least two (2) inches in height. (Code 1960, ~ 16-1020) Sec. 34-63. Appointment of manager required; name to be filed. Two (2) or more owners or operators of taxicabs associated together in any partnership, association or joint enterprise or doing business under a joint or common name or from the 1441 ~ 34-63 SALINA CODE ~ 34-66 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 partner- ship, association, joint enterprise or corporation who shall be responsible for the operation of all taxicabs and auto- mobiles for hire of such partnership, association, joint enter- prise or corporation in the city. The name of such manager shall be immediately reported to the city clerk and to the chief of police. No such partnership, association, joint enterprise or corporation shall hereafter operate or be licensed to op- erate 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 1960, ~ 16-1021) Sec. 34-64. 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 busi- ness under a joint or common name or from the same offices or headquarters shall for the purposes of this article be deemed and considered to be a single firm or owner. (Code 1960, ~ 16- 1022) Sec. 34-65. 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 streets of the city for the purpose of looking for or soliciting passengers or pick up any passenger on or adjacent to the streets of said city except in response to a call from such passenger to the place of business or the station of such taxicab, unless such passenger shall hail such taxicab and specifically request its services without solicitation from the driver thereof. (Code 1960, ~ 16-1023) Sec. 34-66. 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 1960, ~ 16-1024) 1442 e e . ~ 34-67 VEHICLES FOR HIRE ~ 34-71 Sec. 34-67. Taximeter required. No license shall be issued for a taxicab unless the same is equipped with an accurate and working taximeter mechanism so as to measure distance of transportation and clock mech- anism to measure passage of time. (Code 1960, S 16-1004) Sec. 34-68. Rates to be filed 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 1960, S 16-1025; Ord. No. 6750, S 1, 12-2-63; Ord. No. 8099, S 1, 8-10-70; Ord. No. 8229, SS 1, 2, 6-19-72; Ord. No. 8232, SS 1, 2, 7-17-72; Ord. No. 8271, S 1, 12-18-72; Ord. No. 8359, S 1, 7-15-74) Sec. 34.69. Intermediate pickup of passengers. No intermediate pickups shall be made without the consent of the passengers then in the taxicab. In the event of inter- mediate pickups the first passenger in shall be the first de- livered and sha!l pay the accumulated fare on delivery, thereupon the taximeter shall be started at the minimum fare and the next delivered passenger or passengers shall pay the then accumulated fare and so on until all deliveries are af- fected. (Code 1960, S 16-1025; Ord. No. 6750, S 1, 12-2-63) Sec. 34-70. 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 1960, S 16-1025; Ord. No. 6750, S 1, 12-2-63) Sec. 34-71. Requirements for taximeters. Whenever any taxicab shall have affixed thereto a taxi- meter, such taximeter shall be of a size and design approved by the license inspector of the city; 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 Supp. No. 18 1443 ~ 34-71 SALINA CODE ~ 34-74 condition and in operation at all times, and shall at the eonclu- 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 1960, ~ 16-1027) Sec. 34-72. Using incorrect, unapproved taximeter; connec- tion 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 per cent (5%) incorrect to the prejudice of any passenger or which shall be operated from any wheel to which the power is applied, or which has not been duly inspected and approved. (Code 1960, ~ 16-1028) Sec. 34-73. Taximeters, speedometers to be lighted. After sundown, the face of every taximeter or other reg- istering meter shall be illuminated by a suitable light so arranged a:s to throw continuous steady light thereon. (Code 1960. ~ 16-1029) Sec. 34-74. Maintenance of meters. No person shall use or permit to be used or driven for hire a taxicab equipped with a taximeter, the case of which is un- settled and not having its covers and gears intact, or a taxicab without a taximeter whose registering meter has not been Supp. No. 18 1444 e e e S 34-74 VEHICLES FOR HIRE 9 34-77 examined and approved and which is not at all times in good working condition, or any taxicab, the use of which has not been duly licensed. (Code 1960, ~ 16-1030) Sec. 34-75. Taximeter signals. No driver of a taxicab equipped with a taximeter while carrying passengers or under employment 'Shall display the signal affixed to such taximeter in such position as to denote that he is unemployed. While carrying passengers the signal must be in such position that the taximeter will record the distance traveled and the fare. (Code 1960, ~ 16-1031) Sec. 34-76. 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 1960, ~ 16-1032) Sec. 34-77. 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 improperly 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 taximeter, to be determined and charged therefor, then in that event, it shall be unlawful for the owner or person in charge of such taxicab to permit its use until such taxicab is equipped with a taximeter or other registering meter approved by the in- spector. For every meter inspection made by the inspector, as provided for in this article, there shall be paid to the in- spector a fee of fifty cents ($0.50) by the owner or operator of such taxicab: Provided, however, that in ca'Se the inspection is made upon complaint as herein provided and such taximeter 1445 ~ 34-77 SALINA CODE ~ 34-80 or other registering meter is found to be correct, said inspec- tion fee shall be paid by the person making said complaint and not by the owner or operator of such taxicab. (Code 1960, S 16-1032) Sec. 34-78. 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, afier having hired the same, and any person who shall hire any taxicab with the intention of defrauding the person from whom the same is hired shall be guilty of a misdemeanor. (Code 1960, S 16-1033) Sec. 34-79. 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. Not more than one passenger shall be carried in the front seat of such cab. (Code 1960, SS 16-1025, 16-1026) Sec. 34-80. Using, permitting use for immoral purposes. Any person owning, operating, driving or maintaining any taxicab, automobile, or other vehicle or conveyance, who shall use or permit the same to be used for the transportation, carrying or conveying, within the city, of any persons to any place for the purpose of engaging in illicit or unlawful sexual intercourse, whether such sexual intercourse actually takes place within or without the limits of the city, or permits or allows any persons to engage in illicit or unlawful sexual in- tercourse in or on such taxicab, automobile or other vehicle or conveyance, or any part thereof, shall, upon conviction thereof, be punished by a fine not exceeding one hundred dol- lars ($100.00), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. (Code 1960, SS 16-1035, 23-614) 1446 e e e ~ 34-81 VEHICLES FOR HIRE ~ 34-86 Sec. 34-81. Using to transport liquor, for other illegal pur- pose. It shall be unlawful to drive, operate or use any taxicab for transporting liquor from any place within the city to any place within or without said city or from any place without said city to any place therein, or for any other unlawful pur- pose. (Code 1960, S 16-1035) Sec. 34-82. Pool cab service. Sec. 34-82(1). Who may operate. Any person who has been duly authorized and licensed to operate a taxi cab under the provisions of Article III of Chapter 34 of the Salina Code is hereby authorized to operate and provide pool cab service within the City of Salina. Sec. 34-82(2). Pool cab service defined. For the purpose of this section, pool cab service is defined as a conveyance 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. Sec. 34-82(3). Rate of fare. The rate of fare for pool cab service shall be thirty five (35) cents per passenger. Sec. 34-82 ( 4). Availability of service. Pool cab service shall be available in all areas within the city limits, except the Salina Municipal Airport, Salina Airport Industrial Cen- ter and Schilling Manor. Sec. 34-82(5). Article III provisions applicable to service. All provisions of Article III of Chapter 34 of the Salina Code relating to license requirements for vehicles, inspection of vehicles, licensing of drivers, insurance requirements and sus- pension of licenses shall be applicable to persons operating pool cab service. (Ord. No. 7057, SS 1-5, 5-20-68) Amendment note-Ord. No. 7057, ~~ 1-5, did not expressly amend this Code, hence it has been codified as ~ 34-82 in the discretion of thl' editors. Catchlines were added by the editors to facilitate indexing and reference. Sees. 34-83-34-86. Reserved. Supp. No.6 1447 ~ 34-87 SALINA CODE ~ 34-88 DIVISION 2. DRIVERS Sec. 34-87. License required. It shall be unlawful for any person to act as a driver of a taxicab without having first secured a license to be issued by the city clerk as herein provided. (Code 1960, S 16-1013) Sec. 34-88. Application required; contents. Taxicab drivers' licenses shall be applied for in writing on such forms as the city clerk may prescribe, and such applica- tion shall include: Sec. 34-88(1). The name, age, sex, weight, height, color of eyes and hair of applicant, his residence address and length of residence in the city; Sec. 34-88(2). Whether or not the applicant has previously been licensed as a chauffeur or taxicab driver, and if so, when and by what city or state, and whether such license has been revoked or suspended, and if so, the date of such revocation and suspension; Sec. 34-88(3). The number of times and places arrested, and/or convicted for traffic violations; Sec. 34-88(4). The experience the applicant has had in driv- ing motor vehicles; Sec. 34-88(5). The name of the person by whom the ap- plicant is employed and the name and address of the employer during the preceding two (2) years and the kind of employment; Sec. 34-88 (6). Whether or not the applicant has even been convicted of a felony or misdemeanor, giving particu- lars of each such conviction; Sec. 34-88 (7). Each applicant shall furnish four (4) recent photographs of himself, not less than two and one-half (21f2) inches by three (3) inches and not more than two and one-half (21f2) inches by three and one-fourth (3%,) inches and submit to fingerprinting by the police department. One of said photographs shall be attached to the copy of the application filed in the police depart- ment, one shall be attached to the application filed with the city clerk, one shall be attached to the license Supp. No.6 1448 e e e ~ 34-88 VEHICLES FOR HIRE ~ 34-91 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; Sec. 34-88(8). A statement that the applicant is in good health ; Sec. 94-88(9). The applicant must name three (3) reputable persons who have known him for one year or more immediately prior to such application. Such persons given as reference must be residents of the city. Such application shall be made in duplicate and both copies shall be referred by the city clerk to the chief of police. The chief of police shall endorse his report and recom- mendation on both copies, one of which shall be re- turned by him to the city clerk and one retained in the files of the police department, together with the finger- prints of the applicant. (Code 1960, ~ 16-1013) See. 34-89. Examination and license fee. Each application for a license hereunder shall be accom- panied by the payment of an examination and license fee of seven dollars ($7.00), and in the event the appliCant is refused a license such fee shall be returned to the applicant by the city. (Code 1960, ~ 16-1013; Ord. No. 7062, ~ I, 6-3-68; Ord. No. 8403, ~ I, 11-25-74) Sec. 34-90. Age,. residence of applicant. Every applicant for a taxicab driver's license must be at least twenty-one (21) years of age and have resided within the State of Kansas for a period of one (1) year and have been a bona fide resident of Saline County, Kansas, for at least ninety (90) days next preceding the filing of such ap- plication. (Code 1960, ~ 16-1014; Ord. No. 8120, ~ I, 11-9-70) Sec. 34-91~ Investigation, report on crimiDal record of appli- cant. Before a taxicab driver's license is issued the chief of police ~all cause an investigation to be made of the facts set forth Supp. No. 19 1449 ~ 34-91 SALINA CODE ~ 34-93 in the application and of the record of such applicant in the city police court and the District Court of Saline County, and any other courts in which he may have reason to believe the applicant has a record, and shall report to the city manager all information secured from such investigation relative to the applicant's record in any court. (Code 1960, S 16-1014) Sec. 34-92. Licensing of person with criminal record. The city manager shall not approve the issuance of a license to any person who has been convicted of the violation of any of the criminal laws of the State of Kansas or has been con- victed of a felony in any other state or has been convicted of violating 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 convicted 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 1960, S 16-1014) Sec. 34-93. Examination, report on traffic law knowledge, city geography, ability to drive. The chief of police shall also cause the applicant 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 if the applicant fails to show a reasonable knowledge of such matters, he shall be refused a license. Each applicant must, if required by the police department, demonstrate his skill and ability to safely handle an automobile by driving it through a crowded section of the city, accompanied by a member of the police depart- ment. If the applicant is found to be a fit and proper person Supp. No. 19 1450 e ~ 34-93 VEHICLES FOR HIRE ~ 34-94 to operate and drive a taxicab by the chief of police, he may recommend to the city manager that a license be granted. (Code 1960, S 16-1015) Sec. 34-94. Approval of application, issuance of license. The city manager shall consider the application for a taxi- cab driver's license and the report and recommendation of e e Supp. No. 12 1450.1 e ~ 34-94 VEHICLES FOR HIRE ~ 34-96 the chief of police and any other information which may come to him concerning the applicant, and if the city manager is satisfied that the general reputation for integrity and respon- sibility 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 1960, S 16-1015) Sec. 34-95. Unfit persons not to be licensed. e No taxicab driver's license shall be issued to any person who from general physical appearance or for any other reason is not in the opinion of the city manager morally and physical- ly fit to drive or operate a taxicab or livery car in the city, or to any person whose general reputation for integrity anI' responsibility, or whose previous record as a law violator or otherwise is such as to render the applicant unfit for sucb occupation in the opinion of the city manager. (Code 19f S 16-1015) Sec. 34-96. Expiraion, renewal of licenses. All drivers licenses shall expire on the last day of December of each year. Prior to the expiration of any such license, the driver may file an application for renewal and may obtain a new license upon the payment of a fee of five dollars ($5.00) if such renewal application is filed on or before December twentieth (20th) of the year in which the existing 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 34-90 to 34-93 hereof, and new photographs shall be furnished, if, in the opinion of the chief of police, they are necessary for proper identification. (Code 1960, ~ 16-1015; Ord. No. 7024, ~ 1, 11-27-67; Ord. No. 7063, ~ 1, 6-3-68; Ord. No. 8403, ~ 1, 11-25-74) . Supp. No. 19 1451 ~ 34-97 SALINA CODE ~ 34-101 Sec. 34-97. Refund, prorating of fee prohibited. No refund of a license fee shall be made for any reason whatsoever after issuance of the license and no license fee shall be prorated. (Code 1960, ~ 16-1016) Sec. 34-98. Identification badge required. At the time the driver's license is issued, a driver's license identification badge shall also be issued. Said badge shall be of a form prescribed by the city clerk. The driver's license number, badge number and the expiration date of said license shall also be shown thereon. (Code 1960, ~ 16-1016) Sec. 34-99. Display of identification badge. The driver's license identification badge shall be conspicu- ously 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 dis- played. The driver shall be responsible for keeping said badge in a good condition. (Code 1960, ~ 16-1017) Sec. 34-100. License not transferable. No taxicab driver's license shall be transferable. (Code 1960, ~ 16-1017) Sec. 34-101. Duplication of badge. 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 "dupli- cate" 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 1960, ~ 16-1018) Supp. No. 19 1452 e e e ~ 34-102 VEHICLES FOR HIRE ~ 34-104 Sec. 34-102. Revocation of license required; grounds. A taxicab driver's license shall be revoked by the chief of police for any of the following reasons: Sec. 34-102(1). Upon conviction of violation of any federal or state law; Sec. 34-102(2). For operating any vehicle while drunk; Sec. 34-102 (3). For leaving the scene of an accident; Sec. 34-102(4). For failure to make full report of an acci- dent to the police department; Sec. 34-102(5). For permitting any other person to use his license; Sec. 34-102(6). For obliterating any official entry on his license identification badge; Sec. 34-102 (7). Upon conviction of a third major traffic violation during anyone license year. A major traffic violation is hereby defined to be: (a) Speeding; (b) Reckless driving; (c) N ono bservance 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. Sec. 34-102(8). For violation of or failure to comply with any of the provisions of this article and the amend- ments and supplements thereto. (Code 1960, S 16-1019) Sec. 34-103. Suspension of license authorized; grounds. 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: Sec. 34-103(1). First and second offenses of any major traf- fic violation; Sec. 34-103(2). Repeated infractions of minor traffic laws or rules. (Code 1960, S 16-1019) Sec. 34-104. License to be taken up; report of revocation, sus- pension. Whenever a taxicab driver's license is revoked or suspended, the chief of police shall take up the driver's license and license Supp. No.6 1453 ~ 34-104 SALINA CODE ~ 34-106 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 1960, S 16-1019) Sec. 34-105. Eligibility for new license after revocation. No person whose taxicab driver's license has been revoked hereunder shall be eligible to receive a new license until one year from the date of such revocation. (Code 1960, ~ 16-1019) Sec. 34-106. Appeal from revocation, suspension. In case of the revocation or suspension of a taxicab driver's license, the driver shall have the right to appeal to the board of commissioners by notifying the city clerk of his intention to appeal within three (3) days, and thereafter presenting the matter at the next regular meeting of the board of com- missioners, but any revocation or suspension shall remain in effect until such appeal is heard and until such revocation or suspension is rescinded or set aside by the board. Upon the hearing of any appeal from an order of suspension, or a con- sideration of any report of suspension made by the chief of police, the board may revoke any such license. (Code 1960, S 16-1019) [The next paJre is 14791 Supp. No.6 1454 e Chapter 35 WATER AND SEWERS* Art. I. In General, 6~ 35-1-35-22 Art. II. Water, fifi 35-23-35-53 Art. III. Rates, fi~ 35-54-35-78 Art. IV. Water Conservation, fifi' 35-79-35-87 ARTICLE I. IN GENERAL e Sec. 35-1. 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 sew- age disposal system of the city as defined and referred to in K.S.A. 12-856 to 12-868, including all improvements and ex- tensions thereto, be combined, and it is hereby declared that thenceforth, from and after August first, 1961, the water- works system and the sewage disposal system of the city, as defined and referred to in K.S.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 of Salina, Kansas. Said water and sewerage system shall be operated and financed as provided in K.S.A. 12-856 to 12-868. (Ord. No. 6544, ~ 1, 6- 27-61) Sec. 35-2. Administration of combined department. There is hereby created for the operation of the water and sewerage system of the city, a water and sewerage department. Said department shall be administered by the city manager and he shall appoint such officers and employees as may be necessary for the proper operation of the water and sewerage e .Cross references-For creation and composition of department of waterworks and sewerage, see ~ 2-94(6); for department of waterworks and sewerage generally, see * 2-171 et seq.; for plumbinir code, see ~ 9-199 et seq.; sewer connection permits and fees, ~ 9-211; sewer con- nections required, ~ 15-7 et seq.; damaging, tampering with water sys- tem property, ~ 23-32; oil and grease draining into sewers prohibited, ~ 23-152; for service pipes and sewers ahead of pavinir, ~ 32-231 et seq. Supp. No. 23 1479 ~ 35-2 SALINA CODE ~ 35-6 system of the city. Said water and sewerage department shall be administered and said water and 'Sewerage system shall be operated in accordance with all of the provisions of K.S.A. 12-856 to 12-868, and in accordance with the provisions of K.S.A. 12-1001 to 12-1028, and all other applicable statutes. (Ord. No. 6544, S 2, 6-27-61) Sec. 35-3. Deposit, use of revenues. All revenues derived from the sale and consumption of water and from the management and operation of the water and sewerage department, shall be deposited daily in the city treasury to the credit of the department and shall be kept in a separate fund to be known as the water and sewerage de- partment fund. Such revenues shall be used only for the pur- poses authorized by law. (Code 1960, S 30-106) Sec. 35-4. 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 distributing water and providing 'Sewer service and repairing and maintaining the water and sewer systems and equinment, and such other items as shall be nec- essary for the intelligent management of the department. (Code 1960, S 30-106) Sec. 35-5. Petty cash fund created. 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 emergency expenses, including refund of deposits made to secure payment of accounts. (Code 1960, S 30-107; Ord. No. 8619, S 1, 1-30-78) State law reference-For authority to create petty cash fund, see K.S.A. 12-825a. Sec. 35-6. Deposit, disbursements from petty cash fund. The petty cash fund shall be deposited in the designated city depository bank as a separate account and shall be paid Supp. No. 23 1480 e e e ~ 35-6 WATER AND SEWERS !i 35-9 out on the order of the cashier of the water and sewerage de- partment by checks which shall state clearly the purpose for which issued. (Code 1960, S 30-107) State law reference--For similar provisions, see K.S.A. 12-825a. Sec. 35-7. Payees to certify checks on petty cash fund. The payees of all checks drawn on petty cash funds shall certify thereon over their signatures that such services were rendered, supplies furnished or refunds received, as the case may be, and any false certification on any check shall be deemed obtaining money under false pretenses and punished as provided by law. (Code 1960, S 30-107) State law reference-For similar provisions, see K.S.A. 12-825b. Sec. 35-8. Audit and restoration of petty cash fund. Whenever the petty cash fund becomes low or depleted, the cashier shall prepare vouchers covering such expenses as have been paid from the petty cash fund, and shall submit such vouchers together with the paid checks to the board of commissioners for audit, and allowance of the amount from the contributing funds. Warrants issued therefor shall be payable to the petty cash fund and shall be deposited therein to restore the petty cash fund to its original amount, for use as herein provided. (Code 1960, S 30-107) State law reference--For similar provisions, see K.S.A. 12-825c. Sec. 35-9. Regulations declared contractual; discontinuing service for violators. The rates, rules and regulations herein established shall be considered a part of the contract with every person, firm or corporation supplied with water or sewer service by the city, either within or without the corporate limits of the city. Such person, firm or corporation, by applying for and accepting water or sewer service shall be held and considered as con- senting 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 1481 ~ 35-9 SALINA CODE ~ 35-22 of the director of utilities, after satisfactory assurance that there be no further cause for complaint and upon payment of any charges. (Code 1960, ~ 30-108) Sec. 35-10. 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 facilities, meters, pipes or fixtures or to investigate the use of water, or to obtain meter readings. (Code 1960, ~ 30-112) Sec. 35-11. Tampering with meters, facilities. It shall be a misdemeanor for any person or persons to tamper with any water main, water meter, or other water appurtenance, or any sewer line or sewer appurtenance, or to make any connection to the water and sewerage syst~m of the city without written permission from the city, or to re-con- nect 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 delin- quency and the disconnection and reconnect ion fees herein specified. (Code 1960, ~ 30-112; Ord. No. 6545, ~ 7, 6-27-61) Sec. 35-12. Application for sewer service when not served with city water. Any person desiring sewer service for any premises not served with city water shall make application therefor in the same manner and subject to the same conditions as applica- tions for water service as provided in section 35-23 et seq. He shall pay the same deposit as is required of applicants for water service. Sees. 35-13-35-22. Reserved. 1482 e e e ~ 35-23 WATER AND SEWERS ~ 35-25 ARTICLE II. WATER Sec. 35-23. Application for service required. Any person, firm or corporation making proper application and complying with the requirements herein set forth shall be supplied with water by the department providing the prop- erty to be supplied adjoins a water main or distributing pipe. Except as otherwise provided, all applicants for water shall be on a form to be furnished by the department and shall be signed by the person making such application and shall state the location of the premises for which water is to be furnished and all purposes for which water is required and any other information required by the department. Application for extra service by existing customers or for the transfer of service may be made by telephone. (Code 1960, ~ 30-109; Ord. No. 6606, ~ 1, 3-6-62) Sec. 35-24. Deposit required. Unless the applicant for water service shall have estab- lished a satisfactory credit record with the water and sewage department through past dealings, 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 such director, such increase may be necessary to protect the city from loss. (Code 1960, ~ 30-109; Ord. No. 6606, ~ 1, 3-6-62 ) Sec. 35-25. 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 1960, ~ 30- 109; Ord. No. 6606, ~ 1,3-6-62) Supp. No. 24 1483 ~ 35-26 SALINA CODE 9 35-29 Sec. 35-26. Interest on deposits. The city shall pay to the customer making a water deposit interest at the rate of five (5) per cent per annum, such in- terest to be credited once a year or credited on the first day of January succeeding such deposit and on the first day of January thereafter to the credit of the customer's outstanding account, unless prior to the first day of January 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 1960, ~ 30-109; Ord. No. 6606, ~ 1, 3-6-62; Ord. No. 8641, ~ 1, 7-3-78) Sec. 35-27. Basis of deposit; application to payment of bills. The amount of deposit required shall at all times be reason- able, and shall be based upon the value of the maximum service rendered; and such advance deposit, together with the inter- est due thereon, may be applied to the payment of any bills due on discontinuance of service. (Code 1960, ~ 30-109; Ord. No. 6606, ~ 1, 3-6-62) Sec. 35-28. Refund of deposits. The city may at its discretion refund such deposit, together with interest, at any time it so desires. Two years following the date of such deposit, the city shall refund the deposit plus accrued interest upon demand of the depositor, providing said depositor shall have established and maintained a satisfactory credit record with the department to the satisfaction of the director of utilities. (Code 1960, ~ 30-109; Ord. No. 6606, ~ 1, 3-6-62) Sec. 35-29. Forfeiture of unclaimed deposits. Any amount of security deposit and the accrued interest thereon remaining in the account of any customer in accord- ance with this article who has discontinued service with the department shall be placed in the operating fund of the water and sewerage department upon the following conditions: Supp. No. 24 1484 e e e ~ 35-29 WATER AND SEWERS ~ 35-30 (a) Such money has remained on deposit with the water and sewerage department for a period of more than three (3) years from the date service was discontinued; (b) No demand for such money has been made at any time during the three-year period; (c) The whereabouts of the person to whose account the money is credited is unknown and a reasonable effort has been made to determine the same; and, (d) Following the expiration of the three-year period the water and sewerage department has published once a week for two (2) consecutive weeks in the official newspaper of the city a notice listing the person whose deposit remains on account and that a demand for such money must be made within sixty (60) days. Sixty (60) days after the last publication of such notice, any security deposit remaining in the account of such customer shall be placed in the operating fund of the water and sewer- age department. (Code 1960, ~ 30-109a; Ord. No. 6606, ~ 2, 3~6-62; Ord. No. 8642, ~ 1, 7-3-78) Sec. 35-30. Taps and charges. Sec. 35-30(1). The phrase "lineal feet" where hereinafter used shall be deemed to refer to the front footage of the pri- vate 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 prop- erty is carved into lots and irregularly shaped, the lineal foot- age shall be deemed to refer to the main width of any such irregular lot. Sec. 35-30(2). Whenever any person, firm or corporation desires to obtain water service to any property, to or upon or for any property, not heretofore served with water by the water and sewerage department, as a condition precedent to the installation of such service, in addition to all other charges, a sum equal to two dollars ($2.00) multiplied by the front foot- age of the property to be so served shall be paid to the Supp. No. 24 1485 ~ 36-30 SALINA CODE ~ 36-32 water and sewerage department. The department shall tap on all mains or distribution lines, inserting a corporation cock and furnishing the union for the connection to the ser- vice line. A charge shall be made for each tap in addition to the sums aforesaid in the amount of twenty-five dollars ($25.00) for each one inch corporation cock. Larger sized corporation cocks may be authorized by the director of utili- ties and the charges therefor shall be actual cost of installa- tion plus fifteen per cent (15ro) to be paid to the water and sewerage department when the service is installed and applied for or the tap ordered. Sec. 35-30(3). 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. Sec. 35-30(J,,). It shall be the duty of any person applying for the provision of new service of water to correctly state the lineal front footage of property to be thereby served. In the event of the failure so to do, the director of utilities is hereby directed to forthwith discontinue water service to any such property where the lineal front footage was misrepre- sented. (Code 1960, ~ 30-110; Ord. No. 8419, ~ 1, 1-6-75) Sec. 35-31. MaiQtenance of plumbing, ete.; wasting water. All water consumers shall keep their own fixtures, service lines and curb cocks, meter boxes or pits and all other ap- purtenances 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 1960, ~ 30- 111) Sec. 35-32. City not liable for interrupted service, 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 the cut- ting off of water to repair mains, make connections or for any Supp. No. 24 1486 e ~ 35-32 WATER AND SEWERS ~ 35-32 other purpose that becomes necessary. The right is hereby reserved to cut off water at any time when deemed necessary. Defective service lines must be promptly repaired; otherwise the water may be shut off at the main, notice having first been given, and the cost charged against the service. When it becomes necessary for installation of service lines to be effected or repairs to be made to existing service lines be- tween the main and the curb cock, or when curb cocks are broken or e e SuPp. No. 24 1486.1 e ~ 35-32 WATER AND SEWERS ~ 35-35 e cannot ~ closed, curb boxes are misplaced, filled with debris or require new lids, or when othe!r repairs or replacements are necessary t0' the proper operation 0'f the system and the sup.- plying ot" water to use.rs, or to prelvent waste of water, reason- able ed't"orts shall be made to request or notify the owner 0'1' party liable for the expense and to induce him to make the necessary installations, repairs or alterations; but in cases where, after reasonable eff0'rt, it is found impossible or im- practicable to notify the owner or party liable, or where the owner reports inability to obtain a plumber to install a service line, or where the owner or party fails or refuses to have the necessary repairs made within a reasonable length of time, or where an emergency does not permit the necessary delay in finding the owner or party liable, then thH water and sewer- age department shall make or shall cause to be made such repairs or alterations or cause, service lines to be installed to the curb cock as are necessary and charge the actual cost of labor and material involved, plus twenty-five per cent (25%) for overhead expenses, against the property served, and the same shall be collectible in the same manner as monthly water bills. (C0'de 1960, S 30-111) Sec. 85-88. Abandoned service lines to be capped or plugged. No service lines shall be abandoned without first having been shut off and capped or plugged at the corporation cock at the expense of the property owner; provided, that the direc- tor ot" utiHties may upon written request waive the' removal thereof. (Code 1960, S 30-111) Sec. 85-84. Meters required. All water sold by the department shall be measured by me- ter unless, supplied under spec.ial contract according to estab- lished rates. (Code 1960, S 30-112) e Sec. 85-35. Dep.artment to furnish, install meters. All mete,rs in the corporate, limits shall be furnished by the department and installed without cost tOI the customer. (Code 1960, S 00-112) SuPP. No.2 1487 ~ 35-36 SALINA CODE g 35-40 Sec. 35-36. Installation of meters. All water meters shall be installed in accordance with the regulatiQns and specificatiQns Qf the! waterwQrks and sewerage department prQmulgated by the directQr af utilities and filed with said department and the building dep~rtment. Sec. 35-37. Meter location. Shauld it nat seem practicable to' lacate the meter adjacent to' thel curb bax, written permissiQn shall be Qbta,ined fram the director af utilities to place the meter at such point as the director Qf utilities shall provide. (Cade 1960, ~ 30-112) Sec. 35-38. Dirt, rubbish prohibited in meter or service box. NO' person shall deposit dirt, stane 0'1" rubbish Qf any nature in any me!ter bax 0'1" curb bax. (Cade 1960, ~ 30-112) Sec. 35-39. Meters to be accessible, unobstructed. The Qccupant ,of any building 0'1" premises 0'1" custamer af service therefar 0'1" premises where a meter is lacated shall keep the meter free fram all abstructians sa that it is at all times conveniently accessible far reading, inspecting ,or re- pairing. Where a water meter is inaccessible due to' the nan- cooperatiQn Qf the custamer, the director Qf utilities may in his discretiQn require that the meter be maved to a lacation designated by him at the expense Qf the praperty awner. (Cade 1960, S 30-112) Sec. 35-40. Consumer responsible for damage to meter. Whether a meter is lacated in a building, an apprQved meter box 0'1" hausing in the parking 0'1" sidewalk or elsewhere, the cansumer 0'1" awner of the property in which such meter is placed. shall be respansible far its pratectiQn and preservatiO'n and any damage sustained by such meter shall be charged to' the CQnsumer 0'1" awner af the property served in the same manne,r as prescribed far repairs to' service lines. (Cade 1960, ~ 30-112) Supp. No.2 1488 e e e ~ 35-41 WATER AND SEWERS ~ 35-44 Sec. 35-41. Meters damaged by hot water, steam, improper thawing. Whenever a meter is damaged by hot water or steam or by an improper method of thawing when frozen, the cost of the repairs shall be chargeable to the property in the same manner as prescribed for repairs to services. (Code 1960, ~ 30-112) Sec. 35-42. 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 per- mission 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 1960, ~ 30-113) Sec. 35-43. Unlawful use of water. It shall be unlawful for any person to take or use water from the waterworks of the city without notice to the depart- ment and without payment for the same as provided by the rules and regulations herein contained. No person shall turn on or shut off the water at any valve, curb cock, corporation cock or other places regulating the supply of water to any premises or part of the waterworks system except duly au- thorized employees of the department or persons authorized to do so by the director of utilities. (Code 1960, ~ 30-120) Sec. 35-44. Consumer defined. The consumer, as referred to herein, shall be the party receiving water or service for a property classified as fol- lows: (1) Apartment: A room or a suite of rooms within an apartment house arranged, intended, or designed for a place of residence of a single family, individual, or group of individuals living together as a single house- keeping unit. Supp. No.7 1488.1 ~ 35-44 SALINA CODE ~ 35-45 (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, firm or corporation, having a number of of- fices, shops or stores, using in common one hall and one or more means of ingress and egress. (5) Dwelling, two-family: A building arranged, intended, or desirned for occupancy by two (2) families, each household unit of which shall be considered an indi- vidual consumer. (6) Apartment house: A building arranged, intended, or designed for more than two (2) families, each house- hold unit of which shall be considered an individual con- sumer. (7) Boarding ho1UW or lodging hou:w: A building other than a hotel, occupied as a single housekeeping unit, where lodging and/or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangement, but not for the public or transients. (8) Hotel: A building occupied or used as a more-or-Iess temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms, and no provision for cooking in individual rooms. 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 35-55 per hundred cubic feet or per thousand gallons for two thou- sand (2,000) cubic feet as it now exists or as hereafter amend- ed shall be made. (Ord. No. 6951, S 1, 1-16-67) Amendment note-Ord. No. 6951, ~ 1, adopted Jan. 16, 1967 amended this Code by adding ~ 35-44. Sec. 35-45. Fluoridating water supply system authorized. (a) The water department of the City of Salina is hereby directed and authorized to install and operate equipment S'llpp. No.7 1488.2 e ~ 36-46 WATER AND SEWERS ~ 35-54 which will introduce sufficient fluoride compound to raise the fluoride concentration in the finished water to one (1) part of fluoride for every million parts of water being dis- tributed to the water supply system of the City of Salina. or such concentration as is. ordered from time to time by the Kansas State Board of Health. (b) The city water department shall operate said fluoride system in accordance with standards established by the Kan- sas State Board of Health and shall make such periodic in- spections as in their judgment may be deemed necessary to safeguard the health and welfare of the citizens of Salina and shall be responsible for the expedient, safe, proper and effi- cient operation of said fluoridation. (Ord. No. 7096, ~ 1, 2, 11-25-68) Editor's note-Section 34-45 is derived from Ord. No. 7096, ~~ 1 and 2. This ordinance was not amendatory of this Code. e Secs. 35-46-35-53. Reserved. ARTICLE III. RATES* See. 35-54. Scope. The board of commissioners hereby finds and determines that the rates, fees or charges for the use of and services rendered by the combined water and sewerage system of the city, in order fully to meet the requirements of the statutes of the State of Kansas, will be hereinafter specified, subject, however, to such changes therein and revisions thereof as may be made from time to time by the city. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) e -Editor's note-.-Ord. No. 8540, ~ 1, enacted Jan. 31, 1977, amended Art. III, relative to rates, to read as set out. Prior to amendment said article was derived from Code 1960, ~~ 30-112, 30-115, 30-117, 30-118, 30-121--30-122; Ord. No. 6545, ~~ 1, 3-6, adopted June 27, 1961; Ord. No. 6697, ~ 1, adopted Jan. 30, 1962; Ord. No. 6607, ~ 1, adopted March 6, 1962; Ord. No. 6717, ~ 1, adopted June 3, 1963; Ord. No. 6960, ~ 1, adopted Jan. 16, 1967; Ord. No. 8062, ~ I, adopted Jan. 19, 1970; Ord. No. 8075, ~ I, adopted March 23, 1970; Ord. No. 8265, ~ 1, adopted Dec. 11, 1972; and Ord. No. 8477, ~ I, adopted March 22, 1976. Supp. No. 24 1489 ~ 85-55 SALINA CODE ~ 86-66 See. 35-55. Water rates established. Except for the minimum amounts allowed, the monthly water rat~ to be charged and collected for water service fur- nished to any user by the waterworks system of the city, the same being a part of the combined water and sewerage system of the city, shall be as follows: Sec. 35-55(1). Rates inside city. First 2,000 cubic feet at $0.56 per 100 cubic feet Next 28,000 cubic feet at $0.38 per 100 cubic feet All over 30,000 cubic feet at $0.35 per 100 cubic feet Multiple consumers served by a master meter are charged at fifty-six cents ($0.56) per one hundred (100) cubic feet for all water consumed in excess of minimum allowance. Sec. 35-55(2). Minimum. The following are hereby estab- lished as the minimum charges for users of water using the prescribed size of meter and not to exceed the maxi- mum volume of water for each minimum charge on a monthly basis: Meter Size (Inches) % %, 1 1112 2 3 4 6 8 Monthly Minimum Charge $ 2.90 4.50 5.65 9,45 11.60 21.50 112.10 160.15 182.00 Cubic Feet Allowed 300 '500 600 1,000 1,100 2,000 25,000 30,000 30,000 Sec. 35-55(3). Rates outside city. The general specific and minimum rates charged for water produced and sold by the waterworks system of the city as now or hereafter prescribed by ordinance are hereby declared to be appli- cable only to water consumed or used within the limits of the city. The minimum charge for water consumed Supp. No. 24 1490 e ~ 35-55 WATER AND SEWERS ~ 35-57 e or used outside the limits of the city shall be two (2) times the minimum charge for water consumed within the city. Water consumed or used outside the city in a volume in excess of the minimum for each meter shall be charged at the regular rate plus twenty-five (25) per cent thereof. The rates prescribed herein shall not apply to situations wherein the waterworks system of the city is bound by noncancellable contracts to provide water at other rates to consumers or users outside the city. Sec. 35-55 (4). Rates for rural water districts. Any contract executed by the city to furnish water to a rural water district organized pursuant to Article 6 of Chapter 82a of the Kansas Statutes Annotated or any amendments thereto shall specify that the rates to be charged for said water furnished shall be one hundred twenty-five (125) per cent of the rate specified in section 35-55(1) for multiple uses through a single meter or battery of meters as provided in section 35-44 or any amendments to either of said sections. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) See. 35-56. 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 sarne 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. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~. 1, 1-22-79) See. 35-57. 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 aver- age amount registered during a like preceding period and such e Supp. No. 24 1491 ~ 36-67 SALINA CODE ~ 36-60 other information as is available. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) Sec. 35-58. Charge for bulk sales of water. The charge for the bulk sale of city water, being the sale of water by the city for use off the premises where metered and sold, shall be two dollars and ten cents ($2.10) per one thou- sand (1,000) gallons. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-2.2-79) See. 35-59. 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 dollars ($25.00) per annum per hydrant which shall be payable quarterly in advance. No fire hydrant shall be con- nected to any water main outside of the city without notice and without securing permission 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 becomes due. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) Sec. 35-60. Sewerage rates established. The monthly sewerage rates to be charged and collected for the use of and services rendered by the sanitary sewerage sys- tem of the city (such system as the term is used in this article to include all means by which sewage is transported, treated, and disposed of in and by the city's sewer lines, pumping sta- tions, sewage treatment plants, outfall sewers, and any and all appurtenances thereto), said sewerage system constituting a part of the combined water and sewerage system of the city, and to all customers or users of said sewerage system, includ- ing all persons, firms, corporations, city departments, the United States of America, the state of Kansas, all subdivisions of such state, and all institutions, organizations, and others whose premises are connected or may hereafter be connected directly or indirectly to the city's sanitary sewerage system, shall be as follows: Supp. No. 24 1492 e ~ 35-60 WATER AND SEWERS ~ 35-60 FOR SEWER CONNECTIONS WITHIN THE CITY RE- CEIVING WATER SOLELY FROM THE CITY'S WATER- WORKS SYSTEM, EACH RESIDENTIAL UNIT BEING SERVED BY ITS OWN WATER METER: Sec. 35-60(1). For each residence, apartment, or other resi- dential dwelling unit in the city, each such unit being served by its own water meter, sewerage charges which shall be calculated in the manner hereinafter provided and shall be based on the gross consumption of water by such customer as recorded by each water meter serving the premises of such customer, as follows: For the first 500 cubic feet or less, of wa- ter consumed each month __________n________ e For the next 500 cubic feet of water con- sumed each month For the next 1,000 cubic feet of wa- ter consumed each month ________________ For the next 3,000 cubic feet of wa- ter consumed each month ____________________ For th<<: - next 15,000 cubic feet of wa- ter consumed each month __________________ e Supp. No. 24 $2.00 per month, which amount shall be the minimum charge for each residence, apartment or other residential dwelling unit; at the rate of $0.40 for each 100 cubic feet; At the rate of $0.32 per each 100 cubic feet; At the rate of $0.29 per each 100 cubic feet; At the rate of $0.24 per each 100 cubic feet; At the rate of $0.19 per each 100 cubic feet; 1493 ~ 35-60 SALINA CODE ~ 35-60 For the next 20,000 cubic feet of wa- ter consumed each month ____________________ At the rate of $0.13 per each 100 cubic feet; For the next 40,000 cubic feet of wa- ter consumed each month ___________mm___ At the rate of $0.09 per each 100 cubic feet; For the next 70,000 cubic feet of wa- ter consumed each month _m_m__m_u____ At the rate of $0.06 per each 100 cubic feet; All over 150,000 cubic feet of water con- sumed each month At the rate of $0.03 per each 100 cubic feet; Provided, however, that in the month of June of each year the average monthly gross consumption of water according to the meter reading for each customer for the preceding months of January, February, and March shall be ascertained and the monthly sewage service charge to be paid by each customer for each of the next succeeding twelve (12) months, beginning with the month of July and ending with the next succeeding month of June, shall be based on said average monthly consumption of water by such customer during said preceding three-month period as determined by the meter reading during the months of January, February, and March. Sec. 35-60(2). The monthly sewage service charge to each commercial, industrial, or other customer except those specifically covered elsewhere in this article shall be based on th(; average monthly gross consumption of water according to the meter readings for said cus- tomer, said meter readings taken in December, and each Supp. No. 24 1494 e e e ~ 35-60 WATER AND SEWERS ~ 35-60 succeeding month to and including the subsequent December. Provided, that following the month of J an- uary, and prior to the month of July, and continuing in the same specified period each succeeding year, the average monthly gross consumption of water according to the meter readings for said customer, said meter readings taken each month during the preceding twelve (12) months from December to January shall be ascer- tained. The- monthly sewage service charge to be paid by each such customer for each of the next succeeding twelve (12) months, beginning with the month of July and ending with the next succeeding month of June, shall be based on said average monthly consumption of water by such customer during said preceding twelve- month period. Sec. 35-60(3). For each commercial, industrial or other cus- tomer having a sewer connection directly or indirectly with the city's sewerage system and discharging there- in sewage of such volume, type, or character as shall place an unusual burden on the city's sewage treatment plant and system, such fair and equitable sewage charg- es and amounts as may be fixed from time to time by the governing body of the city, taking into consideration the sewage burden aforesaid. If the quantity or type and character of such sewage discharged into such sys- tem shall render it difficult to establish a fair and equitable sewage charge, the customer shall at his sole cost and expense install and maintain in good operating condition suitable meters or measuring and sampling devices of standard type and design at the appropriate point or points as are necessary to properly determine the characteristics of the sewage and measure the cus- tomer's sewage discharge and shall permit the em- ployees and representatives of the city to read such meter or measuring devices, and sewage charges for such customer shall be established in accordance with such metering records and/or sampling analysis. Supp. No. 24 1495 ~ 35-60 SALINA CODE ~ 35-60 FOR MULTIPLE LIVING UNITS WITHIN THE CITY SERVED BY A MASTER WATER METER OR METERS: Sec. 35-60 ( 1,.). For multiple living units not more than three (3) in number of a.ny kind or character (including mobile home courts) located within the city and served by the city's waterworks through a master water meter or meters, sewage charges based on the gross consump- tion of water as recorded by said master water meter serving said units, calculated in accordance with the schedule hereinabove set forth in section 35-60(1) here- of for each residence, apartment, or other residential dwelling served by its own water meter. Sec. 35-60(5). For multiple living units four (4) or more in number of any kind or character (including mobile home courts) located within the city and served by the city's waterworks through a master water meter, sew- age charges based on the gross consumption of water as recorded by said meter, calculated as follows: For the first 500 cubic feet or less, of wa- ter consumed each month m____m____m___ $2.00 each month, which amount shall be the minimum sewage charge for said multi- ple living units served by said master water meter; For all over 500 cubic feet of water con- sumed each month At the rate of $0.32 per each 100 cubic feet; FOR RESIDENTIAL SEWER CONNECTIONS WITHIN THE CITY RECEIVING WATER FROM A SOURCE OTHER THAN THE CITY'S WATERWORKS SYSTEM: Sec. 35-60 (6). For each residence, apartment, or other resi- dential dwelling unit in the city receiving water solely from a source other than the city waterworks system, the monthly sewage service charge shall be two dollars and twenty cents ($2.20) per month. Supp. No. 24 1496 e ~ 35-60 WATER AND SEWERS ~ 35-60 FOR SEWER CONNECTIONS WITHIN THE CITY RE- CEIVING WATER FROM BOTH THE CITY WATER- WORKS SYSTEM AND OTHER SOURCES: Sec. 35-60(7). Each residence, apartment, or other residen- tial dwelling unit and each other such customer whether person, firm or corporation, receiving water from both the city waterworks system and other sources shall be charged as stated in subsections (1), (2), (3), (4), or e e Supp. No. 24 1496.1 -- e e ~ 35-60 WATER AND SEWERS ~ 35-60 (5), whichever is applicable. The combined usage shall determine the sewer service charges, according to the rates hereinbefore specified. Provided that where the total amount of water discharged to the sanitary sewer system is not twenty-five (25) per cent more than the water consumed from the city waterworks system, no sewer service charge shall be made on that portion of water discharged to the sanitary sewer system which is more than the water consumed from the waterworks system. FOR ALL SEWER CONNECTIONS OTHER THAN RESIDENTIAL RECEIVING WATER SOLELY FROM SOURCES OTHER THAN THE CITY WATERWORKS SYSTEM: Sec. 35-60(8). For each commercial, industrial or other such customer whether person, firm, or corporation receiv- ing water solely from sources other than the city water- works system, the monthly sewer charge shall be based on sewage flows determined by engineering surveys conducted by representatives of the city. Said charges shall be as established in subsections (1), (2), or (3), whichever is applicable. If the quantity or type and character of such sewage discharged into such system shall render it difficult to establish a fair and equitable sewage service charge, the customer shall at his sole cost and expense install and maintain in good operating con- dition suitable meters or measuring and sampling cJevices of standard type and design as required to determine the characteristics of the sewage, at the appropriate point or points as are necessary to properly measure the customer's sewage discharge and shall per- mit the city to read such meters, measuring or sampling devices, and sewage charges for such customer shall be established in accordance with such metering records and/or sampling analysis. EXI8TING WATER WELLS TO BE REGISTERED, APPLICATION TO BE MADE FOR PERMIT TO DRILL Supp. No. 22 1497 ~ 35-60 SALINA CODE ~ 35-60 WAT'ER WELL AND CHANGES IN CAPACITY OR USE OF WELLS TO BE REPORTED: Sec. 35-60(9). Each owner of a water well which furnishes water, any portion of which is discharged into the city's sewage system, shall register the same as to location, capacity, and ownership with the city's building inspec- tor who shall furnish a copy of each such registration to the director of utilities. If any person, firm or corporation shall desire to drill a new water well which would furnish water any por- tion of which is discharged into the city sewage system, application therefor shall be made by the owner of the premises to the city's building inspector and a permit issued by him before such well is drilled. If any change is made in the capacity or use of any water well now or hereafter, the water of which well is discharged either wholly or in part in the city's sewage system, the owners of such well shall make a written report of such change to the city's building inspector who shall furnish a copy thereof to the direc- tor of utilities. Sec. 35-60(10). Failure to comply with any of the provisions aforesaid relating to the registration of existing wells, the obtaining of a permit to drill a new well, and the reporting of changes in the capacity or use of any well, shall constitute a misdemeanor. SEWERAGE RATES AND CHARGES FOR SEWER CONNECTIONS LOCATED OUTSIDE THE CITY: Sec. 35-60(11). All of the sewerage rates and charges here- inbefore specified shall apply solely to users receiving sewerage service within the city. For sewerage service furnished by the city to connections outside the city, the minimum monthly charge shall be twice the mini- mum monthly charge made for similar service within the city. For service outside the city in excess of said monthly minimum charge, the rate shall be the rate applicable for the same service within the city, plus twenty-five (25) per cent thereof. Supp. No. 22 1498 e e e ~ 35-60 WATER AND SEWERS ~ 35-63 Sec. 35-60(12). All of the sewerage rates hereinbefore in this section specified shall be applied in a fair and equi- table manner; and if in any case special or unforeseen circumstances arise, they shall be taken into considera- tion by the officers and representatives of the city and by its board of commissioners in determining the amount of such charges as applied to the particular case. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 86815, ~ 1, 1-22-79) Sec. 35-61. 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 maintained by such user, or by other records kept and maintained by such user and open for inspection by the city's representatives, more than one-fourth (1,4) of the water so used by said 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 disposal system shall be based on the amount of water fur- nished such customer during said month, less the amount of such water which was not discharged into the city's sewage disposal system. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) See. 35-62. Covenant not to decrease rates. The city hereby agrees, in consideration of persons, firms, corporations and partnerships 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. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) Sec. 35-63. Free service prohibited. No water or sanitary sewerage service shall be furnished or rendered by the city's combined water and sewerage system Supp. No. 24 1499 ~ 35-63 SALINA CODE ~ 35-64 free of charge. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) Sec. 35-64. Billing and collection; disconnection service for nonpayment. Sec. 35-64(1). 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 bilI and if not paid on or before the specified due date as shown on said bill, such bill shall be considered delinquent. A delinquency and termination notice shall be issued within five (5) days after a bill is delinquent. The delinquency and termination notice shall provide 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; (3) notice that service will be terminated in ten (10) days if the bill remains unpaid. If the customer of record is not the occupant where water service is provided, then the department shall provide similar notification to the occupant. 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 representa- tives, 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 au- thorized to discontinue and disconnect water service for any customer who shall be delinquent in the payment of bills. Customers are responsible for furnishing the department with their correct address for billing purposes. If the service to the property shall be disconnected, it shall remain disconnected until such customer shall pay the full amount of all water and sewer bills, including such cash de.- posit as the director of utilities may require and a reconnection charge of ten dollars ($10.00). Supp. No. 24 1500 e e e ~ 35-64 WATER AND SEWERS ~ 35-67 Sec. 35-61,.(2). 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, in- clusive, shall be metered and the meter read and 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 manner as set forth in section 35-64 (1) and the same procedure therein provided for the col- lection, notification and disconnection of service for delinquent accounts shall be applicable. Sec. 35-61,.(3). 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 direc- tor shall proceed immediately to disconnect service to any customer who is in arrears for the period hereinbefore speci- fied. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) See. 35-65. Department not responsible for delivery of bill; duplicates. The water and sewerage department does not assume the responsibility for speedy and safe delivery of, or failure to, receive bill; a duplicate may be obtained by calling in person at the office of the department. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) Sec. 35-66. Corrections and refunds. The director of utilities shall have authority to make correc- tions or refunds of overpayments or improper water bills due to error in the water and sewerage department, but shall have no authority to remit or diminish a bill for any other reason. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) Sec. 35-67. Service not to be furnished until accounts paid. Whenever any consumer of water shall move from one loca- tion or premises to another in or adjacent to the city, or Supp. No. 24 1501 ~ 35-67 SALINA CODE fi 35-78 whenever water is turned off at any premises on account of the failure of the consumer to pay the water charges for water used on any such premises, or whenever any consumer or appli- cant for water service is indebted to the water and sewerage department of the city for any water or sewerage service pre- viously furnished to him either at the premises for which an application is made or at any other place in the city, the direc- tor 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 previous charges due to the department for whatever premises, have been fully paid by such consumer or applicant, and all other requirements and charges, whether in the nature of penalties, shut off or turn on charges, or deposits, shall have been paid, and no applicant or consumer shall be entitled to have water turned on at any premises until all such charges and requirements have been fully paid and complied with. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) Sec. 35-68. 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 department as may, in his judgment, be necessary. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) See. 35-69. Combined reading of multiple meters; when per- mitted. The water consumption, as shown by multiple meters servic- ing a single structure or a group of structures having a single or common plumbing system, may be combined for purposes of computing charges. All single meter installations shall be computed for billing on an individual basis. (Ord. No. 8540, ~ 1, 1-31-77; Ord. No. 8685, ~ 1, 1-22-79) Sees. 35-70-35-78. Reserved. Supp. No. 24 1502 e ~ 35-79 WATER AND SEWERS ~ 35-79 ARTICLE IV. WATER CONSERVATION See. 35-79. Definitions. }t'or the purpose of this article, the following terms shall have and be construed to have the following meanings: e e Supp. No. 24 1502.01 e e e ~ 35-79 WATER AND SEWERS ~ 35-79 Sec. 35-79(1). Air ccmditioning system shall include any combination of equipment, whether compressor or other type, by which heat is removed from the air and from which the accumulated or effluent heat is wholly or partially removed by the use of water. Sec. 35-79(2). Building official shall mean the building official of the city or such officer or agent as he shall duly authorize to act in enforcement of this article. Sec. 35-79(3). Person shall mean all users of air condition- ing equipment connected with the municipal water supply or emptying water into municipal storm or sanitary sewers, including natural persons, partner- ships, corporations or associations. Whenever used with respect to a penalty, the term "person" as applied to partnerships or associations shall mean the partners thereof, and as applied to corporations, the officers thereof. Sec. 35-79 ( ft.). System shall mean a single air conditioning unit or group or collection of such units or any other combination of air conditioning apparatus connected to the municipal water supply in a common location, or a municipal storm sewer or sanitary sewer, such as an apartment or office building or supplied with water through any single customer service pipe connected to the municipal water supply system or emptying into municipal storm or sanitary sewers. Sec. 35-79(5). Tons shall mean the manufacturers rating of the compressor on an air conditioning system so operated based on American Society of Refrigeration Engineers or American Refrigeration Institute stand- ards of ratings. Sec. 35-79(6). Water conservation equirnnent or facilities shall mean evaporative condensers, cooling towers, spray ponds, recirculating pumps or return disposal wells. (Code 1960, ~ 30-201) Supp. No. 22 1502.1 ~ 35-80 SALINA ceDE ~ 35-81 Sec. 35-80. Types of air conditioners. AU air conditioners hereafter installed shall be air cooled or equipped with water conservation equipment or faciH.ties. (Code 1960, S 30-202) Sec. 35-81. Permit required to install air conditioner; fee. No person shall install, remodel or add to any air condi- tioning 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 Supp. No. 22 1502.2 e e e S 35-81 WATER AND SEWERS S 35-84 from the building official. The building official shall charge a fee of three dollars ($3.00) for the issuance of such permit. (Code 1960, ~ 30-203) Cross reference-Fee for pennits when not obtained in time, S 1-11. Sec. 35-82. Who may install air conditioners; notice, inspec- tion required. No one other than a plumber licensed by the city shall connect any such air conditioning system to the municipal water system or municipal storm or sanitary sewer sy'Stem, nor shall anyone other than an electrician licensed by the city do any electrical work in connection with such installa- tion. Within forty-eight (48) hours following the completion of any such work authorized by the permit required by the foregoing section of this article, the person doing such work shall file in the office of the building official written notice of 'Such completion and request for inspection which inspection shall be promptly made by the building official. (Code 1960, ~ 30-204) Sec. 35-83. Violators not to receive permits. Licensed plumbers or electricians who violate any of the provisions and regulations of this article may be denied the privilege of securing further permits from the building offi- cial. (Code 1960, ~ 30-204) Sec. 35.84. Surcharge for air conditioners. Inasmuch as the conservation of water and regulation of sewer load during periods of peak demands is in the public interest, a surcharge is hereby authorized against all air con- ditioning systems connected to the municipal water supply or emptying into municipal storm or sanitary sewers, which surcharge is hereby fixed at two dollars and fifty cents ($2.50) per month per ton rated capacity for the months of June, July, August and September in each year. This sur- charge 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 1503 ~ 35-84 SALINA CODE S 35-87 water supply and/or the limitation of use of the municipal storm and sanitary sewers: Provided, that this surcharge shall not apply to any of the following air conditioning systems: Sec. 35-84(1). Systems heretofore installed and now in use for single family units or duplex residential purposes: Provided, that the water is used for irrigation. Sec. 35-84(2). Any system equipped with water conserva- tion equipment or facilities. (Code 1960, ~ 30-205) Sec. 35-85. 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 1960, ~ 30-205) Sec. 35-86. Priorities established. Whenever the city commission shall deem it necessary in the interest of the conservation 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: Sec. 35-86(1). Irrigation. Sec. 35-86(2). Air conditioning without water conservation facilities. Sec. 35-86(3). Industry-Air conditioning and other indus- trial or commercial uses. Sec. 35-86(4). Sanitary use. (Code 1960, S 30-206) Sec. 35-87. Waste prohibited. It shall be unlawful to waste water. The use of water in violation of any of the terms of this article shall be deemed waste. .Water flowing into a gutter or into a street, alley or sidewalk, directly or indirectly, from an air conditioning . system shall be deemed waste. (Code 1960, S 30-207) [The next page is 1529] 1504 e Chapter 36 ZONING REGULATIONS* Art. I. General Provisions, ~~ 36-100-36-199 Art. II. Amendments, ~~ 36-200-36-299 Art. III. Districts, Maps and Boundaries, U 36-300-36-399 Art. IV. General Use Regulations, ~~ 36-400-36-499 Art. V. General Bulk Regulations, ~~ 36-500-36-599 Art. VI. District Regulations, ~~ 36-600-36-699 Art. VII. Planned Development Districts, ~~ 36-700-36-799 Art. VIII. Flood Plain Zoning District, ~~ 36-800-36-899 Art. VIllA. Heritage Conservation District, ~~ 36-8AOO-36-8A99 Art. IX. Signs, ~~ 36-900-36-999 Art. X. Off-Street Parking and Loading, ~~ 36-1000-36-1099 Art. XI. Nonconforming Uses, Bulk and Signs, U 36- 1100-36-1199 Art. XII. Administrative Provisions, ~~ 36-1200-36-1299 Art. XIII. Definitions, ~~ 36-1300,36-1301 ARTICLE I. GENERAL PROVISIONS e Sec. 36-100. Title. This chapter, including the zoning district maps made a part hereof, by reference, may be known and cited as the "Zoning Regulations." (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-101. Intent and purpose. These zoning regulations, adopted pursuant to the provisions of the Kansas Statutes Annotated, Sections 12-707 through 12-721, are intended to serve the following purposes: (a) To protect and promote the public health, safety, con- venience, comfort and general welfare of the city; (b) 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 e *Cross references-Building and structural appurtenances, Ch. 9; flood control, Ch. 13; mobile homes and mobile home parks, Ch. 21; planning, Ch. 27; streets and sidewalks, Ch. 32; airport zoning, App. AI; subdivi- sion regulations, App. B. Supp. No. 26 1505 ~ 36-101 SALINA CODE ~ 36-102 occupied by buildings and other structures, the size of yards, courts, and other open spaces, and the density of population; (c) To guide the future growth and development of the city in accordance with the comprehensive plan adopted by the planning commission; (d) To protect and conserve the value of land throughout the city and the value of buildings appropriate to the various districts established by these regulations; (e) 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 popula- tion; (f) To bring about the gradual conformity of the uses of land and buildings throughout the city through the com- prehensive zoning plan set forth in this chapter, and to minimize the conflicts among the uses of land and buildings; (g) To promote the most beneficial relation between tl1e uses of land and buildings and the circulation of traffic throughout the city; (h) To provide a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building development, invest- ment and other economic activity relating to uses of land and buildings throughout the city; and (i) To prevent pollution, encourage the wise use and sound management of natural resources, promote aesthetic values and preserve the historical character of the city. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-102. Scope of controls. Sec. 36-102(1). Territorial application. This chapter shall apply to all structures and land in the City of Salina, but the planning commission may waive all requirements of this chap- ter for the following uses when appropriate: Supp. No. 26 1506 e e e ~ 36-102 ZONING ~ 36-10"2 (a) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the dis- tribution to consumers of telephones or other communi- cations, electricity, gas or water, or the collection of sewage or surface water operated or maintained by public utility, but not including substations located on or above the surface of the ground. (b) Railroad tracks, signals, bridges and similar facilities on a railroad right-of-way, and maintenance and repair work on such facilities and equipment. This provision shall not include any facilities and equipment listed as a permitted use in the 1-3, Heavy Industrial District. (c) Agricultural structures or land used for agriculture. 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. Sec. 36-102(2). Existing permits. This chapter is not in- tended to abrogate or annul any building permit, zoning cer- tificate, variance, conditional use permit or certificate of occupancy lawfully issued before the effective date of this chapter, except as follows: If this chapter makes the proposed use under such permit, variance or certificate nonconforming as to use or bulk, and there has been no substantial change of position, expenditure, construction or operation, or incurrence of substantial obligations by the permit, certificate or variance holder in reliance on such permit, certificate or variance within one hundred twenty (120) days after the effective date of this chapter, the building permit, zoning certificate, conditional use permit, or variance will be invalid. If substantial construc- tion or substantial operations have taken place and are con- tinuing at the time, the proposed use may be completed. Sec. 36-102(3). Certificate of occupancy. When a structure is completed under a permit or certificate to which section 36-102 applies, a certificate of occupancy shall be issued in accordance with the zoning regulations in effect at the time the building permit or zoning certificate was issued. Supp. No. 22 1507 ~ 36-102 SALINA CODE ~ 36-200 Sec. 36-102 (4). 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 continue, subject to the provisions of Article XI. Sec. 36-102(5). Annexed land. All land which may hereafter be annexed to the City of Salina 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 other- wise at the time of annexation or until such time as the land may legally be rezoned. Sec. 36-102(6). Subdividing required prior to zoning. Land shall be subdivided in accordance with the subdivision regula- tions of the City of Salina prior to rezoning any area to any district other than the A-I District. The zoning request shall be tentatively approved, subject to proper subdividing for a period not to exceed one year. The planning commission may grant one extension not exceeding six (6) months, upon writ- ten application. In the event that proper subdividing is not completed within the specified time, the planning commission shall recommend appropriate action to the governing body. (Ord. No. 8526, ~ 1, 12-13-76) Sees. 36-103-36-199. Reserved. ARTICLE II. AMENDMENTS See. 36-200. Authority. For the purpose of promoting the public health, safety and welfare, conserving the value of property throughout the city, and lessening or avoiding congestion in the public streets, the governing body may, from time to time, in the manner here- inafter set forth, amend this chapter, 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 conserva- Supp. No. 22 1508 e e e ~ 36-200 ZONING ~ 36-202 tion of property values, and the uses to which property is devoted at the time of adoption of such amendatory ordinance. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-201. Initation of amendments. Proposals for amendment may be initiated by the governing body, the planning commission, or upon application of the owner of the property affected pursuant to the procedure set forth in section 36-202. (Ord. No. 8526, ~ 1, 12-13-76) See. 36-202. Form of application for amendment. Sec. 36-202(1). When the governing body, or the planning commission, proposes an amendment, it shall transmit its pro- posal, including information prescribed in section 36-202 (2) (b) and (c) below, to the planning commission for a public hearing and a report thereon. Sec. 36-202(2). When the owner of the property affected proposes an amendment to these regulations or to any zoning district created thereby, an application for such amendment, addressed to the governing body, shall be filed in duplicate with the planning commission. The application shall be in such form and contain such information as shall be prescribed from time to time by the planning commission, but shall in all instances contain the following information: (a) The applicant's name and address; (b) The precise wording of any proposed amendment to the text of this chapter; (c) If affecting a change in the zoning map: 1. The legal description and street address of the property proposed to be reclassified; 2. The name and address of the owner or owners of said property; 3. The present zoning classification and existing uses of the property proposed to be reclassified; 4. The area of the property proposed to be reclassi- fied; and Supp. No. 22 1509 ~ 36-202 SALINA CODE ~ 36-203 5. An ownership list certified hy a registered ab- stractor of the owners of all property located with- in two hundred (200) feet of the boundaries of the property to be affected by the proposed amend- ment. (d) Such application shall be accompanied by a fee pursu- ant to the city fee schedule, which may be changed from time to time. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-203. Public hearing. The planning commission shall hold a public hearing on each proposed amendment at a reasonable time and place as established 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 commission. An applicant for an amendment may waive the requirement that such hearing be held within forty-five (45) days. Sec. 96-203(1). Notice of hearing. The planning commission shall hold at least one public hearing on the proposed amendment, twenty (20) days notice of the time and place of which shall be published in the official city newspaper stating the date, time and place of the hear- ing and containing a statement regarding the proposed amendment. If the proposed amendment would change the zoning classification of any property, or the bound- aries of any zoning district, such notice shall contain the legal description and street address or general street location of such property, its present zoning classifica- tion, and the proposed classification, In such case, the planning commission shall mail a written notice of the public hearing there<>n, containing the same informa- tion as the published notice thereof, to the owner or owners of the property affected, and to the owners of all property within two hundred (200) feet of the boundaries there<>f, 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. Supp. No. 22 1510 e e e ~ 36-203 ZONING ~ 36-204 Sec. 36-203(2). 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 pro- cedures as the planning commission may, from time to time, prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The planning commission may request a report on any proposed amendment from any governmental official or agency, or any other person, firm or corporation. If such 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. (Ord. No. 8526, ~ I, 12-13-76) Sec. 36-204. Findings of fact and recommendation of planning commission. Within forty (40) days after the close of a public hearing on a proposed amendment, the planning commission shall sub- mit a report to the governing body. A copy of the report shall be filed with the city clerk and with the office of the zoning administrator and such copies shall be kept available for public inspection. A copy of the report shall also be mailed to the owner of the specific property affected by the proposed amend- ment. Such report shall contain findings based upon the evi- dence presented and a recommendation as to whether the pro- posed amendment should be adopted. The report submitted to the governing body shall be accompanied by a copy of the record of the hearing on the proposed amendment. Sec. 36-204(1). Amendments to text. When a proposed amendment would result in a change in the text of this chapter but would not result in a change of zoning classification of any specific property, the report of the planning commission shall contain a statement as to the nature and effect of such proposed amendment and findings as to the following: (a) Whether such change is consistent with the inter- est and purpose of this chapter; Supp. No. 22 1511 ~ 36-204 SALINA CODE ~ 36-205 (b) The areas which are most likely to be directly affected by such change and in what way they will be affected; and (c) Whether the proposed amendment is made neces- sary because .of changed .or changing cQnditi.ons in the areas and z.oning districts affected, and, if SQ, the nature .of such changed .or changing cQnditiQns. Sec. 36-204(2). Amendments to change zoning districts. When a prQPQsed amendment WQuld result in a change of the zoning classificatiQn of any specific prQperty, the rep.ort .of the planning commissiQn shall cQntain statements as t.o the present classificatiQn, the classifi- catiQn under the pr.oPQsed amendment, and the reason fQr seeking such reclassificati.on, and findings as t.o the f.oll.owing: (a) Whether the change in classificati.on w.ould be con- sistent with the intent and purp.ose .of this chapter; (b) Whether every use that w.ould be permitted .on the pr.operty if it were reclassified WQuld be c.ompati- ble with the uses permitted .on .other pr.operty in the immediate vicinity; (c) Whether adequate sewer and water facilities, and all .other needed public services, exist .or can be pr.ovided tQ serve the uses that w.ould be permitted .on the property if it were reclassified; (d) Whether the prQPQsed amendment WQuld correct an errQr in the applicati.on .of this chapter; and (e) Whether the prQPQsed amendment is made neces- sary because .of changed .or changing conditiQns in the area affected, and, if SQ, the nature .of such changed .or changing cQnditi.ons: (Ord. N Q. 8526, ~ 1, 12-13-76) Sec. '36-205. Action by governing body. Sec. 36-205(1). Adoption of amendments. The governing b.ody shall not act UPQn a pr.oPQsed amendment t.o this chapter until it shall have received a written report and rec.ommenda- ti.on fr.om the planning cQmmissiQn. If a pr.oposed amendment Supp. No. 22 1512 e e e ~ 36-205 ZONING ~ 36-300 is not acted upon finally by the governing body within one hundred twenty (120) days of the date upon which the plan- ning 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 amendment has been denied, such amendment shall not thereafter be passed without a further public hearing and notice thereof as provided in section 36-203. Sec. 36-205(2). 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 proposed amendment pursuant to the pub- lished notice, which protest is duly signed and acknowledged by the owners of twenty (20) per cent or more of any property proposed to be rezoned, or by the owners of twenty (20) per cent 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 governing body. (Ord. No. 8526, ~ 1, 12-13-76) Sees. 36-206-36-299. Reserved. ARTICLE III. DISTRICTS, MAPS AND BOUNDARIES Sec. 36-300. Establishment of districts. The City of Salina is hereby divided into the following dis- tricts, the respective symbol for each type of district being set forth opposite its title: Symbol Title A-I Agricultural District RS Single-Family Residential Suburban District R Single-Family Residential District R-l Single-Family Residential District Supp. No. 26 1513 ~ 36-300 Symbol 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 SALINA CODE ~ 36-301 Title Multiple-Family Residential District Multiple-Family Residenti.al District Multiple-Family Residential District Mobile 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 From time to time, Planned Development Districts (PDD), Flood Plain Districts (FP) and Heritage Conservation Districts may be established pursuant to Articles VII, VIII and VIllA, respectively of this chapter. Each such district may be designated on the zoning map and in the text of this chapter by symbol only. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-301. Zoning map. The areas and boundaries of such districts are hereby estab- lished on the zoning maps of the City of Salina, a copy of which is on file in the office of the zoning administrator. Such maps, referred to herein as the "zoning map", together with everything shown thereon, is hereby made a part of this chapter. Sec. 36-301 (1). 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 established herein. Any area not shown on the zoning map as being in- cluded in any district shall be deemed to be in the R-1 Single-Family Residential District. (Ord. No. 8526, ~ 1, 12-13-76) Supp. No. 26 1514 e e e ~ 36-302 ZONING ~ 36-400 Sec. 36-302. District boundaries on zoning map. In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply: (a) District boundaries are the center lines of streets, alleys or other rights-of-way, unless otherwise indicated. (b) Where distrjct 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. (c) 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. (d) When a lot held in one ownership on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district unless the application of this con- struction would increase the area of the less restrictive portion of the lot by more than twenty-five (25) per cent. (e) 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 railroad right-of- way serves as a district boundary, 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. (Ord. No. 8526, ~ 1, 12-13-76) Sees. 36-303-36-399. Reserved. ARTICLE IV. GENERAL USE REGULATIONS Sec. 36-400. Permitted uses. No structure shall hereafter be built, moved or remodeled and no structure or land shall hereafter be used, occupied or Supp. No. 24 1515 ~ 36-400 SALINA CODE ~ 36-402 designed for use or occupancy except for a use that is per- mitted within the zoning district in which the structure or land is located. (Ord. No. 8526, ~ 1, 12-13-76) See. 36-401. Conditional uses. No use of a structure or land that is designated as a condi- tional use in any zoning district shall hereafter be established, and no existing conditional use shall hereafter be changed to another conditional use in such district unless a conditional use permit is secured in accordance with the provisions of sec- tion 36-1201 (2) of this chapter. (Ord. No. 8526, ~ 1, 12-13-76) See. 36-402. Accessory uses. No accessory use, building or structure shall be located in any required front, side or rear yard, except as provided in section 36-402(1), 36-402(2), and 36-402(3) and that the fol- lowing permitted accessory uses will be allowed in any zoning district in connection with any principal use which is per- mitted: Sec. 36-402(1). Permitted accessory uses include, 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 buildin,:r shall exceed one hundred sixty (160) square feet in gross floor area, the use shall be in keeping with the principal struc- ture, and provided that no part of such structure 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; (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 acces- Supp. No. 24 1516 e e e ~ 36-402 ZONING ~ 36-402 sory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building, and not as rental units, for permanent occupancy as housekeeping units and provided that no part of such structure is located in the front yard setback; (f) Statuary, arbors, trellises, barbecue stoves, flag- poles, fences, walls and hedges; (g) Fallout shelters, provided that they shall not be used for any principal or accessory use not per- mitted in the zoning district and provided that no part of such structure is located in the front yard setback; (h) Signs, when permitted by Article IX of this chap- ter and by the individual district regulations: (i) Off-street parking and loading spaces, as permitted by Article X 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, manufacturing or indus- trial building; and (1) Outdoor storage or overnight parking, in a residen- tial district, of boats, boat trailers, or recreational vehicles, provided such storage does not constitute a traffic or safety hazard, and buses when asso- ciated with a church or school and parked no closer than fifty (50) feet from any adjacent residential district. Sec. 96-402(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 exists and ten (10) feet when an alley exists; (b) Shall maintain a three-foot side yard, except that no part of any accessory building shall be located closer than three (3) feet in residential districts Supp. No. 24 1517 ~ 36-402 SALINA CODE ~ 36-403 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; (c) Shall, on corner lots, be set back from the side street a distance not less than that required for the principal structure; and (d) Fences shall comply with sections 9-352 and 9-354 of the Salina Code. Sec. 36-402(3). Use limitations. Accessory structures and uses shall comply with the use regulations applicable 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 accessory. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8657, ~ 1, 9-11-78) See. 36-403. Temporary uses. The following temporary uses of land are permitted 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: (a) 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 requirements 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; (b) Contractors office and equipment sheds (containing no sleeping or cooking accommodations) accessory- to a construction project, and to continue only during the duration of such project; (c) Real estate offices (containing no sleeping or cooking accommodations) incidental to a new housing develop- ment to continue only until the sale or lease of all dwelling units in the development; Supp. No. 24 1518 e e e ~ 36-403 ZONING ~ 36-403 (d) Seasonal sale of farm produce (including Christmas trees) grown on the premises in an A-1 or RS District, to continue for not more than four (4) months per year; structures incidental 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 season during which they are used; (e) Promotional activities of retail merchants involving the display only of goods and merchandise that are for sale within the principal structure, conducted outside of such structure for a period of not more than two (2) con- secutive weeks in any three-month period provided that: 1. No portion of the display shall be on publicly owned property unless the applicant shall first have ob- tained approval for such use from the city; 2. No required off-street parking or loading area will be utilized for such display, storage or dispensing; 3. No food or drink shall be displayed outside the building except in accordance with standards and prior written approval of the Salina-Saline County Health Department; and 4. These provisions shall in no way be deemed to authorize the outdoor display of automobiles, trail- ers and equipment rental or the sale of used furni- ture, appliances, plumbing, housewares, building materials or similar display or sale in any business district except as otherwise permitted by this chap- ter. (f) Garage sale, as defined, in any residential district limit- ed to three (3) consecutive days in any six-month period. Where such sale is conducted on premises ex- terior to any structure, all sale items shall be removed from such exterior premises within one day following the day the sale is concluded. ( Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8663, ~ 1, 9-25-78) Supp. No. 24 1519 ~ 36-404 SALINA CODE ~ 36-404 See. 36-404. 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 by one or more members of the family residing on the premises, may be permitted if it conforms to the following restrictions: Sec. 96-40J,.(1). In the districts where permitted. (a) No stock in trade (except articles produced by members of the immediate family residing on the premises) shall be displayed or sold on the prem- ises; (b) No alteration of the principal residential building shall be made which changes the character thereof as a dwelling; (c) No more than twenty-five (25) per cent of the area of one story of a single-family dwelling, nor more than twenty (20) per cent of the area of any other dwelling unit, shall be devoted to the home occupation, provided, however, that rooms let to roomers are not subject to this limitation; (d) No mechanical or electrical equipment other than normal domestic or household equipment shall be used; (e) No outdoor storage of equipment or materials used in the home occupation shall be permitted; (f) No person other than a member of the immediate family occupying such dwelling unit shall be em- ployed ; (g) The home occupation shall be conducted entirely within the principal residential building; (h) No exterior sign or display shall be permitted, except one nonilluminated wall sign, not over two (2) square feet in sign area. Sec. 96-J,.0J,.(2). Permitted home occupations. In particular, home occupations may include, but are not limited to: (a) Dressmaker, seamstress, tailor; Supp. No. 24 1520 e ~ 36-404 ZONING ~ 36-404 (h) Music and dancing teaching limited to a single pupil at a time, except for occasional groups; Artists, sculptors, authors, composers, photogra- phers ; Ministers, rabbis, priests; Professional office for physician, dentist, lawyer, engineer, architect, accountant, real estate agent, or similar use; Office facility for salesman, sales representative, manufacturer's representative, when no retail, (c) (d) (e) (f) e e Supp. No. 24 1520.1 e e e ~ 36-404 ZONING ~ 36-405 wholesale, or exchange of goods is made or trans- acted on the premises; (g) Home crafts, provided that no machinery or equip- ment shall be used or employed, other than that which would customarily be found in the home, including machinery or equipment that would cus- tomarily be employed in connection with a hobby or avocation not conducted for gain or profit; (h) Day care homes, provided such homes shall have all yard areas enclosed that are devoted to such use; and (i) Barber and beauty shops provided that only one operator shall be permitted. Sec. 36-404(3). Prohibited home occupations. Home occu- pations shall not be deemed to include: (a) Automobile repair service; (b) Funeral homes; (c) Nursery schools and group day care centers, unless specifically permitted by the district regulations; (d) Restaurants; (e) Stables, kennels and animal hospitals; (f) Tourist homes, unless specifically permitted by dis- trict regulations; (g) Renting of trailers, cars or other equipment; and (h) Medical or dental clinics or hospitals. (Ord. No. 8526, S 1, 12-13-76) Sec. 36-405. Number of structures and uses on the zoning lot and access to the lot. Sec. 36-405(1). Not more than one principal residential structure shall be located on a single zoning lot, unless per- mitted 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 per- mitted by Article VII of this chapter relating to planned development districts. Sec. 36-405(2). In agricultural, commercial or industrial dis- tricts, any number of structures (except residential struc- Supp. No. 22 1521 ~ 36-405 SALINA CODE ~ 36-500 tures) 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. Sec. 36-405(3). No land which is located in a residential district shall be used for a driveway, walkway or ac~~s pur- pose to any land which is located in any commerci~l or indus- trial district. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-406. Sewer and water facilities. The Salina-Saline County Health Department shall approve all proposed sewer and water systems other than those defined as public. (Ord. No. 8526, ~ 1, 12-13-76) Sees. 36-407-36-499. Reserrved. ARTICLE V. GENERAL BULK REGULATIONS Sec. 36-500. Bulk requirements. In this chapter, bulk requirements are expressed in terms Q~ 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, o~ move~ o~ remodeled, and no structure or land shall hereafter be useq, occupied, arranged or designed for use of occupancy: (a) 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; So as to provide any setback or front, side or rear y;1rd that is less than that specified for the zoning district in which such structure or use of land is located or maintained; (c) 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; (b) Supp. No. 22 1522 e e e ~ 36-500 ZONING ~ 36-502 (d) Which is narrower than the minimum lot width required in the zoning district in which the structure or land is located; or (e) Which is shallower than the minimum lot depth re- quired in the zoning district in which the structure or land is located. No existing structure shall hereafter be remodeled so as to conflict or further conflict with the lot area per dwelling unit requirements for the zoning district. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-501. Yard requirements for open land. If a zoning lot is, or will be, occupied by a permitted use without structures, then the minimum setback and minimum side and rear yards that would otherwise be required for said zoning lots shall be provided and maintained unless some other provision of this chapter requires or permits a different mini- mum setback, front, side or rear yard. The front, side and rear yards shall not be required on zoning lots used for garden purposes without structures, or on zoning lots used for open public recreation areas. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-502. Restrictions on allocation and disposition of re- quired yards or open space. Sec. 36-502(1). No part of the lot area, or of a yard, or other open space, or off-street parking or loading space pro- vided in connection with any structure or use in order to comply with this chapter shall, by reason of change of owner- ship or otherwise, be included as part of the minimum lot area or of a yard, or open space, or off-street parking or loading space required for any other structure or use, except as specif- ically provided herein. Sec. 36-502(2). All of the lot area and all yards and other open spaces provided in connection with any structure or use in order to comply with this chapter shall be located on the same lot as such structure or use. Supp. No. 22 1523 ~ 36-502 SALINA CODE ~ 36-504 Sec. 36-502(3). No part of the lot area or of the yard, 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 thereof) shall be sub- sequently reduced below, or further reduced if already less than, the minimum requirements of this chapter for the equiv- alent new construction. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-503. Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in a required yard: (a) In all yards. Open terraces not over thirty-six (36) inchesl above the average level of the adjoining ground but not including a permanently roofed over terrace or porch; awnings or canopies; steps thirty-six (36) inches or less above grade which are necessary for access to a permanent structure or for access to a lot from a street or aIley; arbors and trellises; flagpoles; and signs, when permitted by Article IX. (b) In any yard except a front yard. Accessory uses per- mitted by Article IV; recreational and laundry drying equipment; and open space and enclosed fences not exceeding six (6) feet in height. If any provision in this chapter requires a fence in a front yard, or a fence that has a minimum height in excess of five (5) feet, then such fence shall be a per- mitted obstruction within the meaning of this section. (c) In front yards. Open, unenclosed porches projecting eight (8) feet or less. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-504. Lot size requirements and bulk regulations for public utility facilities. Notwithstanding any other provision of this chapter, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located: Supp. No. 22 1524 e e e ~ 36-504 ZONING ~ 36-505 (a) Electric and telephone substations and distribution sys- tems. (b) Gas regulator stations. (c) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the trans- mission of electricity, gas or water. (d) Pumping stations. (e) Radio, television and microwave transmitting or relay stations and towers. (f) Transformer stations. (g) Water towers or standpipes. (h) Cable TV poles. (i) Any other similar use. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-505. Obstructing visibility at intersections. Sec. 36-505(1). 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, within that triangle formed by the curb lines (or the shoulder of the road where no gutter exists), of the intersecting streets drawn from the apex of the intersecting curb lines back a distance of sixty (60) feet with a line drawn between said points to form a base, such area to be herein referred to as a clear site zone. Sec. 36-505(2). Exceptions. The provisions of section 36-505 (1) above shall not apply to existing permanent buildings; public utilities poles; hedges trimmed to a height of less than three (3) feet;; trees, 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 Supp. No. 22 1525 ~ 36-505 SALINA CODE ~ 36-505 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) per cent; supporting members appurtenant to permanent buildings existing 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 sup- ports do not constitute an obstruction; and, noncommercial signs constructed parallel with the base line which, in the opinion of 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. Sec. 36-505(3). Preexisting violati01l8 not excepted. No ob- struction to cross visibility shall be determined to he an excep- tion from the application of this article because of its being in existence on June 25, 1965, unless expressly exempted by the terms of this article. Sec. 36-505(J,.). Notice of removal by property owne-r. 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 said notice shall specify in what manner a traffic hazard has been alleged to exist. Said notice shall direct the removal by the property owner or owners of such structures, trees or other obstructions which constitute said traffic hazard. Said prop- erty owner or owners shall be allowed ten (10) days in which to comply with said order, except obstructions of a temporary nature which shall be removed on notice. Sec. 36-505(5). Removal by city. If within ten (10) days after the service of such notice, either by mailing or by -per- sonal delivery, the owner or owners of the lot or parcel of land have failed, refused, or neglected to remove such obstruc- tions, then the city shall cause to be removed 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 Supp. No. 22 1526 e ~ 36-505 ZONING ~ 36-600 of ground on which the obstruction was located and the city clerk shall, at the time of certifying other city taxes, extend the same on the tax rolls of the county against said lot or parcel of ground and it shall be collected by the county treas- urer and paid to the city as other taxes are collected and paid. (Ord. No. 8526, ~ 1, 12-13-76) Sees. 36-506-36-599. Reserved. ARTICLE VI. DISTRICT REGULATIONS Sec. 36-600. A-1 Agricultural District. The A-1 District is designed to reflect ,the pattern of land uses that are found in the rural areas of Salina. Sec. 36-600(1). Permitted uses. e //5. r 6: jJ /7. {lj8. ,,/'9. ~,10. e Supp. No. 24 1. 2. 3. Agriculture, as defined in this chapter. Single-family dwellings. Cemeteries, including crematories and mausoleums when used in conjunction with a cemetery, but not including mortuaries. 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 residential district. Educational institutions, as follows: (a) Boarding schools and academies. (b) Colleges and universities. (c) Primary, intermediate and secondary schools. Family care facilities. Group day care centers when located in a nonresi- dential building. Hospitals, sanitariums, rest homes and nursing homes. Libraries and museums. Oil or gas well drilling, provided such well is, or will be, located more than five hundred (500) feet from any school, residential district boundary, or any residential building other than a residential 4. 1527 ~ 36-600 SALINA CODE ~ 36-600 building occupied by the owner, lessee or operator of the premises on which the well is located. (See section 36-600(2).) 7!t. 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 district. (See section 36-600 (2).) (a) Electric and telephone substations and distri- bution centers. (b) Gas regulator stations. (c) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves and other similar equip- ment for the transmission, as distinguished from distribution to consumers, of telephone or other communications, electricity, gas or wa- ter, operated or maintained by a public utility, as defined in this chapter. (d) Police and fire stations. (e) Pumping stations. (f) Radio, television and microwave transmitting or relay stations and towers. (g) Telephone exchanges. (h) Transformer stations. (i) Water reservoirs and standpipes. (j) Ambulance service. g l2. Recreational and social facilities, as follows: (a) Country clubs, including golf, swimming and tennis clubs. (b) Golf courses, but not including golf driving ranges, pitch and putt, or miniature golf courses. )'j (c) N oncommercial recreation~.l buildings, com- munity centers, auditoriums, stadiums and arenas. (d) Parks and playgrounds. (e) Privately owned dwellings for seasonal occu- pancy and not designed or used for permanent occupancy, such as summer homes and cot- tages, and hunting and fishing lodges and cabins. Supp. No. 24 1528 e e e ~ 36-600 ZONING ~ 36-600 (f) Public athletic fields. \ 13. Religious institutions, as follows: (a) Churches, chapels, temples, synagogues, cathe- drals, and shrines. (b) Convents, seminaries, monasteries, and nun- neries. (c) Rectories, parsonages and parish houses. /,14. Riding stables, provided no structure housing horses shall be located nearer than seven hundred fifty (750) feet to the boundary of any residential district. lilt.>. Well head stations, well separators and other simi- lar 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-inch or less mesh, or its equivalent, not less than six (6) feet in height. /? 16. Accessory and temporary uses, and home occupa- tions, as permitted by Article IV. l ~. /17. Signs, as permitted by Article IX. ,/18. Off-street parking, as required by Article X. Sec. 36-600(2). Conditional uses. ,I Airports. Community sewage treatment plants. Excavation, extraction, or mining of sand, gravel, or other raw materials from the earth for resale. The conditions imposed on such excavation, extra~ tion, or mining may include, but are not limited to, requirements for setbacks from schools and resi- dential districts, screening, fencing, redevelopment, and restrictions on the grade of the excavation and vehicular access thereto. ____~. Group care facilities. ----- 5. Oil or gas well drilling when not permitted by section 36-600 (1). Supp. No. 24 1. 2. 3. I' 1529 ~ 86-600 SALINA CODE ~ 36-601 6. Recreational facilities such as campgrounds, youth camps, gun clubs, and skeet and trap shooting ranges. 7. Public service and public utility uses listed in sec- tion 36-600(1)10., but which are, or will be located nearer than three hundred (300) feet to the bound- ary of a residential district. 8. Sanitary landfill, subject to state requirements. / 9. Greenho'uses and nurseries. 10. Public utility substations. Y. Power plants. 12. Campgrounds, subject to the provisions of section 36-606 (3) 2. and 3. Sec. 36-600(3). Lot size requirements. 1. Minimum lot area: Four (4) acres. 2. Minimum lot width: Two hundred (200) feet. 3. Minimum lot depth: Two hundred (200) feet. Sec. 36-600(4). Bulk regulations. 1. Maximum structure height: Forty-five (45) feet. 2. Yard requirements: (a) Minimum front yard: Fifty (50) feet, meas- ured from the front lot line, or eighty (80) feet, measured from the center line of the street or highway, whichever is greater. (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. (Ord. No. 8526, S 1, 12-13-76; Ord. No. 8664, ~ 1, 9-25-78) See. 36-601. RS Single-Family Residential Suburban District. The RS District is designed for single-family dwellings and compatible uses, at a density not less than one acre per dwell- ing unit. Supp. No. 24 1530 e e e ~ 36-601 ZONING ~ 36-601 Sec. 36-601 (1). Permitted w~es. Agriculture as defined in this chapter. Single-family detached dwellings. Family care facilities. Golf courses, not including accessory clubhouses, golf driving ranges, pitch and putt or miniature golf courses. \ Churches, chapels, temples, synagogues, cathedrals and shrines. Schools: Primary, intermediate and secondary. Parks and playgrounds. Accessory and temporary uses and home occupa- tions, as permitted by Article IV. Signs, as permitted by Article IX. Off-street parking and loading, as required by Article X. Sec. 36-601 (2). Conditional uses. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. Swimming clubs, tennis clubs and clubhouses acces- sory to golf courses. 2. Public utility uses, as follows, provided that the location is first approved by the planning com- mission, and provided further, that a landscape plan or screening plan, if necessary, is first ap- proved by the planning commission: (a)_ Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Ambulance services. 3. YMCA, YWCA, and other similar uses, as defined in this chapter. 4. Hospitals, sanitariums, rest homes, and nursing homes. 5. Group care facilities. 6. Group day care centers. Sec. 96-601 (3). Lot size requirements. Supp. No. 24 1. Minimum lot area: One acre. 1531 ~ 36-601 SALINA CODE ~ 36-602 2. Minimum lot width: One hundred (100) feet. 3. Minimum lot depth: One hundred fifty (150) feet. Sec. 36-601 (4). Bulk regulations. 1. Maximum structure height: Thirty-five (35) feet. 2. Yard requirements: (a) Minimum front yard measured from center line of street: Eighty (80) feet or measured from front lot line, fifty (50) feet, whichever is greater. (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: Thirty (30) feet. 3. Maximum lot coverage: Thirty (30) per cent. (Ord. No. 8526, ~ 1, 12-13-7,6; Ord. No. 8664, ~ 2, 9-25-78) Sec. 36-602. R Single-Family Residential District. The R District is designed to provide a single-family dwell- ing zone at a density of not less than eight thousand five hun- dred (8,500) square feet per dwelling unit. Sec. 36-602(1). Permitted uses. Agriculture, as defined in this chapter. Single-family detached dwellings. Family care facilities. Golf courses, but not including accessory club- houses, or golf driving ranges, pitch and putt or miniature golf courses. 5. Churches, chapels, temples, synagogues, cathedrals and shrines. Parks and playgrounds. Schools: Primary, intermediate and secondary. Accessory and temporary uses and home occupa- tions, as permitted by Article IV. 9. Signs, as permitted by Article IX. 10. Off-street parking and loading, as required by Article X. Supp. No. 24 1. 2. 3. 4. 6. 7. 8. 1532 e ~ 36-602 ZONING ~ 36-602 e Sec. 36-602(2). Conditional uses. 1. Swimming clubs, tennis clubs and clubhouses ac- cessory to golf courses. 2. Public utility uses, as follows, provided that the location is first approved by the planning commis- sion, and provided further that a landscape plan or screening plan, if necessary, is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. 3. YMCA, YWCA and other similar uses, as defined in this chapter. 4. Hospitals, sanitariums, rest homes, and nursing homes. 5. Group care facilities. 6. Group day care centers. e Sec. 36-602(3). Lot size requirements. 1. Minimum lot area: (a) 8ingle-family detached dwellings: Eight thou- sand five hundred (8,500) square feet. (b) All other permitted and conditional uses: Fif- teen thousand (15,000) square feet. 2. Minimum lot width: (a) Single-family detached dwellings: Seventy (70) feet. (b) All other permitted and conditional uses: One hundred (100) feet. 3. Minimum lot depth: One hundred (100) feet. Sec. 36-602(4). Bulk reguln,tions. 1. Maximum structure height: Thirty-five (35) feet. 2. Yard requirements: (a) Front yard: (1) Property located adjacent to the follow- ing various types of streets shall main- 1533 Supp. No. 24 ~ 36-602 Supp. No. 24 SALINA CODE ~ 36-602 (b) tain the following yard requirements re- gardless of whether it is a front, side, or rear yard, or any combination thereof: (i) Residential street: Twenty-five (25) feet from the property line or fifty- five (55) feet from the center line, whichever is greater. (ii) Collector street: Twenty-five (25) feet from the property line or sixty- five (65) feet from the center line, whichever is greater. (iii) Arterial street: Twenty-five (25) feet from the property line or sev- enty-five (75) feet from the center line, whichever is greater. (2) Where not less than seventy (70) per cent of the zoning lots between two inter- secting public street rights-of-way have developed, any newly constructed single- family dwelling may maintain the same front yard setback of either adjacent ex- isting 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. (ii) Neither adjacent land use is used for nonresidential purposes. (Hi) 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. Minimum side yards: (1) Residential buildings: Seven and five- tenths (7.5) feet on each side of the zon- ing lot. (2) All other permitted and conditional uses: Fifteen (15) feet on each side of the zon- 1534 e e e ~ 36-602 ZONING ~ 36-603 3. ing lot, except accessory uses which shall be permitted and governed by Article IV. (c) Minimum rear yard: Thirty (30) feet. Maximum lot coverage: Thirty (30) per cent. (Ord. No. 8526, S 1, 12-13-76; Ord. No. 8664, S 3, 9-25-78; Ord. No. 8703. ~ 1. 3-12-79) See. 36.603. R.l Single-Family Residential District. The R-l District is designed to provide a dwelling zone at a density of not less than six thousand (6,000) square feet per dwelling unit. Sec. 36-603(1). Permitted uses. 1. Single-family detached dwellings. 2. Family care facilities. 3. Golf courses, but not including accessory club. houses, or golf driving ranges, pitch and putt or miniature golf courses. 4. Churches, chapels, temples, synagogues, cathedrals and shrines. 5. Parks and playgrounds. 6. Schools: Primary, intermediate and secondary. 7. Home occupations. 8. Accessory and temporary uses, as permitted by Article IV. 9. Signs, as permitted by Article IX. 10. Off-street parking and loading, as required by Article X. Sec. 86.603(2). Conditio1ULl uses. 1. Swimming clubs, tennis clubs and clubhouses ac- cessory to golf courses. 2. Group care facilities. 8. Group day care centers and nursery schools. 4. Publie utility uses, as follows, provided that the location is first approved by the planning com- mission, and provided further, that a landscape plan or screening plan, if necessary, is first ap- proved by the planning commission: (a) Substations. Supp. No. 24 1535 A 36-603 SALINA CODE A 36-603 (b) Gas regulator stations. (e) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. 6. YMCA, YWCA and other similar uses, as defined in this chapter. 6. Hospitals, rest homes, sanitariums, and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street. Sec. 86-603(3). Lot size requirements. 1. Minimum lot area: (a) Single-family detached dwellings: Six thou- sand (6,000) square feet. (b) All other permitted and conditional uses: Fif- teen thousand (15,000) square feet. 2. Minimum lot width: (a) Single-family detached dwellings: Sixty (60) feet. (b) All other permitted and conditional uses: One hundred (100) feet. 3. Minimum lot depth: Eighty (80) feet. Sec. 36-603(.4.). Bulk regulations. 1. 2. Maximum structure height: Thirty-five (35) feet. Yard requirements: (a) Front yard: (1) Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: (i) Residential street: Twenty-five (25) feet from the property line or fifty- five (55) feet from the center line, whichever is greater. Supp. No. 24 1536 e ~ 36-603 ZONING ~ 36-603 e (ii) Collector street: Twenty-five (25) feet from the property line or sixty- five (65) feet from the center line, whichever is greater. (iii) Arterial street: Twenty-five (25) feet from the property line or sev- enty-five (75) feet from the center line, whichever is greater. (2) 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 constructed single-family dwelling may maintain the same front yard setback of either adjacent existing dwelling, provided that all of the following conditions exist: (i) The adjacent property to be matched has not been granted a variance for front yard 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. (b) Minimum side yard: (1) Residential buildings: Seven and five- tenths (7.5) feet on each side of the zon- ing lot. (2) All other permitted and conditional uses: Twenty-five (25) feet on each side of the zoning lot, except accessory uses which shall be permitted and governed by Arti- cle IV. (c) Minimum rear yard: Twenty-five (25) per cent of the depth of the lot but need not exceed thirty (30) feet. e Supp. No. 24 1537 ~ 36-603 SALINA CODE ~ 36-604 3. Maximum lot coverage: Thirty (30) per cent. (Ord. No. 8526, g 1, 12-13-76; Ord. No. 8664, g 4, 9- 25-78; Ord. No. 8703. g2. 3-12-79) See. 36.604. R-2 Multiple-Family Residential District. The R-2 District is designed to provide for multiple-family development at a minimum of three thousand (3,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area. Sec. 36-604(1). Permitted uses. 1. Single-family dwellings. 2. Two-family dwellings. 3. Multifamily dwellings. 4. Rooming and boardinghouses. 5. Family care facilities. 6. Churches, chapels, temples, synagogues, cathedrals and shrines. 7. Parks and playgrounds. 8. Schools: Primary, intermediate and secondary. 9. Home occupations. 10. Accessory and temporary uses, as permitted by Article IV. 11. Signs, as permitted by Article IX. 12. Off-street parking and loading, as required by Article X. 13. Golf courses but not including accessory clubhouses or commercial golf driving ranges, pitch and putt or miniature golf courses. Sec. 36-604(2). Conditional uses. 1. Swimming clubs, tennis clubs and clubhouses ac- cessory to golf courses. Group care facilities. Group day care centers and nursery schools. Public utility uses, as follows, provided that the location is first approved by the planning commis- sion, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: 2. 3. 4. Supp. No. 24 1538 (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. YMCA, YWCA and other similar uses, as defined in this chapter. Hospitals, sanitariums, rest homes, and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street. Mortuaries and funeral homes. Professional offices of doctors, dentists, attorneys, accountants and other similar professions. Armories. Pharmacies when located in a medical or dental office building, provided they can be entered only from an interior lobby or hallway and that there is no advertising or display visible from the exte- rior of the structure. Sec. 36-604(3). Lot size requirernents. e A 36-604 e e 8. Supp. No. 24 ZONING A 36-604 5. 6. 7. 8. 9. 10. 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) Multifamily: Three thousand (3,000) square feet per family but not less than six thousand (6,000) square feet. (d) Other permitted and conditional uses: Fifteen thousand (15,000) square feet. Minimum lot width: (a) Single-family dwelling: Fifty (50) feet. (b) Two-family dwelling: Fifty (50) feet. (c) Multiple-family dwellings and other permitted and conditional uses: Sixty (60) feet. Minimum lot depth: One hundred (100) feet. 1539 2. , 36-604 SALINA CODE ~ 36-604 Sec. 36-604(4). Bulk regulations. 1. Maximum structure height: Fifty (50) feet except as provided in section 36-604(4)2.(b)(3), below. 2. Yard requirements: (a) Front yard: Property located adjacent to the following various types of streets shall main- tain the following yard requirements regard- less 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 center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line or sixty-five (65) feet from the center line, whichever is greater. (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. (b) Minimum side yard: (1) Residential buildings: Seven and five- tenths (7.5) feet on each side of the zon- ing 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. (2) All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by Article IV. (3) 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. Supp. No. 24 1540 e e e ~ 36-604 ZONING ~ 36-604A 3. Maximum lot coverage: Forty (40) per cent. (Ord. No. 852,6, ~ 1, 12-13-76; Ord. No. 8583, ~ 1, 8-8-77; Ord. No. 8664, ~ 5, 9-25-78) Sec. 36-604A. R-2.5 Multiple-Family Residential District. The R-2.5 District is designed to provide for multiple-family development at minimum of two thousand (2,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area. Sec. 36-604A(1). Permitted uses. 1. Single-family dwellings. 2. Two-family dwellings. 3. Multifamily dwellings. 4. Rooming and boarding houses. 5. Churches, chapels, temples, synagogues, cathedrals, and shrines. 6. Family care facilities. 7. Group care facilities. 8. Parks and playgrounds. 9. Schools: Primary, intermediate and secondary. 10. Home occupations. 11. Accessory and temporary uses, as permitted by Article IV. 12. Signs, as permitted by Article IX. 13. Off-street parking and loading, as required by Article X. 14. Golf courses but not including accessory club- houses or commercial golf driving ranges, pitch and putt or miniature golf courses. Sec. 36-604A(2). Conditional uses. 1. Swimming clubs, tennis clubs and clubhouses ac- cessory to golf courses. 2. Group day care centers and nursery schools. 3. Public utility uses, as follows, provided that the location is first approved by the planning commis- sion, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: Supp. No. 24 1541 ~ 36-604A SALINA CODE (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. 4. YMCA, YWCA, and other similar uses, as defined in this chapter. 5. Hospitals, sanitariums, rest homes, and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street. 6. Mortuaries and funeral homes. 7. Professional offices of doctors, dentists, attorneys, accountants and other similar professions. 8. Armories. 9. Multiple-family dwellings for elderly and/or handi- capped persons with the following permitted ex- ceptions 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 sec- :t;ion 36-604A(2)9.(b) (2), below. (2) Minimum yard requirements: Front yard: Thirty (30) feet on all sides abutting a street. Side yard: Fifteen (15) feet except there shall be an additional side yard set- back of one foot for each two (2) feet of height over fifty (50) feet. Rear yard: Twenty-five (25) feet. 10. Pharmacies when located in a medical or dental office building, provided they can be entered only from an interior lobby or hallway and that there is no advertising or display visible from the ex- terior of the structure. ~ 36-604A Supp. No. 24 1542 e e e ~ 36-604A ZONING S 36-604A Sec. 36-60J,.A (3). Lot size requiTC1nents. 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 seven hun- dred fifty (3,750) square feet per family. (c) Multiple-family: Two thousand (2,000) square feet per family but not less than six thousand (6,000) square feet. (d) Other permitted and conditional uses: Fifteen thousand (15,000) square feet. 2. Minimum lot width: (a) Single-family dwelling: Fifty (50) feet. (b) Two-family dwelling: Fifty (50) feet. (c) Multiple-family dwellings and other permitted and conditional uses: Sixty (60) feet. 3. Minimum lot depth: One hundred (100) feet. Sec. 36.60i,.A(J,.). Bulk regulations. 1. Maximum structure height: Seventy-five (75) feet except as provided in section 36-604A2(b) (3), below. 2. Yard requirements: (a) Front yard: Property located adjacent to the following various types of streets shall main- tain the following yard requirements regard- less 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 center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line or sixty-five (65) feet from the center line, whichever is greater. Supp. No. 24 1543 I 86-604A SALINA CODE ~ 36-605 (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. (b) Minimum side yard: (1) Residential buildings: Seven and five- tenths (7 J5) feet on each side of the zon- ing 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. (2) All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by Article IV. (3) 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) per cent. (Ord. No. 8584, S 1, 8-8-77; Ord. No. 8664, S 6, 9-25-78) See. 36-605. R-3 Multiple-Family Residential District. The R.3 District is designed to provide for multiple-family development at a minimum of one thousand (1,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area. Sec. 96-605(1). Permitted uses. 1. Single-family dwellings. 2. Two-family dwellings. 3. Multifamily dwellings. 4. Rooming and boardinghouses. 5. Churches, chapels, temples, synagogues, cathedrals, and shrines. Supp. No. 24 1544 Family care facilities. Group care facilities. Parks and playgrounds. Schools: Primary, intermediate and secondary. Home occupations. Accessory and temporary uses, as permitted by Article IV. Signs, as permitted by Article IX. Off-street parking and loading, as required by Article X. Golf courses but not including accessory clubhouses or commercial golf driving ranges, pitch and putt or miniature golf courses. Sec. 36-605(2). Conditional uses. e ~ 36-605 e e Supp. No. 24 ZONING ~ 36-605 6. 7. 8. 9. 10. 11. 12. 13. 14. 1. Swimming clubs, tennis clubs and clubhouses ac- cessory to golf courses. 2. Group day care centers and nursery schools. 3. Public utility uses, as follows, provided that the location is first approved by the planning commis- sion, and provided further, that a landscape plan or screening plan, if necessary, is first approved by the planning commission: (a) Substations. (b) Gas regulator stations. (c) Police and fire stations. (d) Pumping stations. (e) Water towers and standpipes. (f) Ambulance services. 4. YMCA, YWCA, and other similar uses, as defined in this chapter. 5. Hospitals, sanitariums, rest homes, and nursing homes, provided that they shall be screened from adjacent residential property and shall be located on an arterial street. 6. Mortuaries and funeral homes. 7. Professional offices of doctors, dentists, attorneys, accountants and other similar professions. 8. Armories. 1544.1 ~ 36-605 SALINA CODE ~ 36-605 9. Multiple-family dwellings for elderly and/or handi- capped persons with the following permitted excep- tions 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 sec- tion 36-605(2)9.(b) (2), below. (2) Minimum yard requirements: a. Front yard: Thirty (30) feet on all sides abutting a street. b. 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. c. Rear yard : Twenty-five (25) feet. 10. Pharmacies when located in a medical or dental office building, provided they can be entered only from an interior lobby or hallway and that there is no advertising or display visible from the exte- rior of the structure. Sec. 36-605 (3). Lot size requirements. Supp. No. 24 1. Minimum lot area: (a) Single-family detached dwellings: Six thou- sand (6,000) square feet. (b) Single-family attached or two-family dwellings not less than three thousand seven hundred fifty (3,750) square feet per family. (c) Multifamily: One thousand (1,000) square feet per family but not less than six thousand (6,000) square feet. (d) Other permitted and conditional uses: Fifteen thousand (15,000) square feet. Minimum lot width: (a) Single-family dwelling: Fifty (50) feet. (b) Two-family dwelling: Fifty (50) feet. (c) Multiple-family dwellings and other permitted and conditional uses: Sixty (60) feet. 1544.2 2. e ~ 36-605 ZONING ~ 36-605 3. Minimum lot depth: One hundred (100) feet. Sec. 36-605(4). Bulk regulations. e e Supp. No. 24 1. Maximum structure height: Seventy-five (75) feet except as provided in section 36-605(4)2.(b)(3), below. 1:ard requirements: (a) Front yard: Property located adjacent to the following various types of streets shall main- tain the following yard requirements regard- less 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 center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line' or sixty-five (65) feet from the center line, whichever is greater. (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. (b) Minimum side yard: (1) Residential buildings: Seven and five- tenths (7.5) feet on each side of the zon- ing 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. (2) All other permitted and conditional uses shall have a side yard on each side of twenty (20) feet, except accessory uses which shall be permitted and governed by Article IV. 2. 1544.3 ~ 36-605 SALINA CODE ~ 36-606 (3) 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) per cent. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8664, ~ 7, 9-25-78) Sec. 36-606. MH Mobile Home Park District. The MH District is designed to provide a district in which the density of development will remain relatively low. Individ- ual mobile homes will not be allowed on individual zoning lots. No mobile home park shall be permitted, except when served by an approved sanitary sewer and water supply system. Sec. 36-606(1). Permitted uses. 1. Mobile home parks. 2. Customary accessory uses, such as laundry facili- ties, manager's office, clubhouse, community build- ings, etc. 3. Churches, chapels, temples, synagogues, cathedrals and shrines. 4. Parks and playgrounds. 5. Schools: Primary, intermediate, and secondary. Sec. 36-606(2). Conditional uses. 1. Campgrounds, subject to the regulations specified in section 36-606(3)2. and 3. below. Sec. 36-606(3). Use regulations. 1. The applicant for a mobile home park shall pre- pare, or cause to be prepared, a mobile home park plan, which shall accompany the application for amendment to the MH District. Said plan shall be drawn to scale of not less than one inch equals one hundred (100) feet, and two (2) copies of the plan shall accompany the application. Such plans shall comply with the following minimum requirements: (a) The tract to be used for a mobile home park shall not be less than two (2) acres in area, Supp. No. 24 1544.4 e ~ 36-606 ZONING ~ 36-606 (b) unless it is an extension or addition to an ex- isting park, and shall be permitted only when served by a sanitary sewer and water supply system approved in accordance with city health regulations. A mobile home park shall not be used for other than residential purposes. Contours shall be indicated on the plan. The park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water. Mobile home parks hereafter approved shall have a minimum area of five thousand (5,000) square feet per mobile home, exclusive of streets and rights-of-way. Each mobile home space shall provide a minimum area of four thousand five hundred (4,500) square feet. Each mobile home park shall devote a mini- mum of five hundred (500) square feet per mobile home space for recreational or open area. This 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 thou- (c) (d) (e) e (f) e SuPp. No. 24 1544.5 e ~ 36-606 ZONING ~ 36-606 (h) sand five hundred (3,500) square feet and re- quired setbacks, roadways, rights-of-way, and off-street parking spaces shall not be consid- ered as recreational or open areas. A minimum of fifty (50) per cent of the separate recrea- tional or open space area shall be constructed or provided prior to the development of one- half (112) of the proj ect, and all recreational facilities or open areas shall be constructed or provided by the time the project is seventy- five (75) per cent developed. Each mobile 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. All structures shall maintain the following minimum setbacks: (1) Residential or private streets: Twenty- five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line or sixty-five (65) feet from the center line, whichever is greater. (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. (4) "MH" District boundary: Fifty (50) feet from the boundary of any other zoning district unless: (i) The boundary is common to a public street, in which case the setbacks specified in section 36-606(3)1.(h) (1), (2), and (3), above shall apply; or unless (ii) Sight obscuring screening of not less than six (6) feet in height is pro- 1545 (g) e e Supp. No. 22 S 36-606 Supp. No. 22 SALINA CODE ~ 36-606 2. vided along the district boundary, in which case a setback of twenty-five (25) feet is required. (i) All mobile homes shall be located so as to maintain a clearance of not less than twenty (20) feet from another mobile home or appur- tenance thereto, except when placed end-to-end there shall be a minimum separation of twelve (12) feet. No mobile home shan be located closer than twenty-five (25) feet from any building within the park, other than accessory buildings located on the same space. (j) All mobile home spaces shall front upon an improved roadway of not less than twenty-four (24) feet in width, provided, however, that if parking is permitted on the street, the mini- mum improved width shall be increased to thirty-two (32) feet. (k) All roadways shall be surfaced with asphalt, concrete, rock, gravel, or suitable substitute and adequately lighted. (1) All weather-surfaced walks shall be provided between required parking areas and the struc- ture each area serves. (m) 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. (n) Structures shall not exceed thirty-five (35) feet in height. The applicant for a campground shall prepare or cause to be prepared a preliminary campground plan, drawn to a scale of not less than one inch equals one hundred (100) feet, and three (3) copies of said plan shall be submitted to the board of zoning appeals for its review and recommendations. Such plans shall comply with the following mini- mum requirements: 1546 e ~ 36-606 e e Supp. No. 22 ZONING ~ 36-606 (a) 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 sani- tary sewer and water supply system approved in accordance with city health regulations. Campgrounds shall under no circumstances be utilized for the occupancy of mobile homes. Con.tours shall be indicated on the plan. The campground shall be located on a well- drained site, properly graded, where necessary, to insure rapid drainage and freedom from stagnant pools of water. Sight obscuring screening of not less than six (6) feet in height shall be provided between the campground and any other use or zoning district other than "A-1". The suitability of said screening shall be determined by the board of zoning appeals. A minimum setback of fifty (50) feet must be maintained along all boundaries of the camp- ground unless the boundary is common to a public street. Service buildings shall be provided at the rate of one for each one hundred (100) camping spaces. Each service building shall: (1) Be located in a reasonably central location within the campground. (2) Be of permanent construction. (3) Have one flush-type toilet, one lavatory, and one shower or bathtub for females; and one flush-type toilet, one lavatory, and one shower or bathtub for males for each thirty (30) camping spaces. All lava- tories, bathtubs, and showers shall be connected with both hot and cold running water. (4) Have an accessible, adequate, safe and potable supply of cold water. (b) (c) (d) (e) (f) (g) 1547 ~ 36-606 SALINA CODE ~ 36-606 (5) Comply with all applicable chapters of the building code regarding the construction of buildings and the installation of elec- trical, plumbing, heating, and air condi- tioning systems. (6) Be maintained in a clean, sanitary condi- tion and kept free of any condition that will menace the health of any occupants or the public or will constitute a menace. (h) Vented storm shelters shall be provided in a central or other convenient location at the rate of twelve (12) square feet per designed or intended camping space. (i) Structures shall not exceed thirty-five (35) feet in height. 3. 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 secretary of the board of zoning appeals. Upon determina- tion by the secretary that the final campground plan accurately reflects the desires of the board of zoning appeals, an approved copy shall be for- warded, within seven (7) days to the zoning admin- istrator, who may issue the required permits upon proper application. Sec. 36-606(4). Compliance. The mobile home park or camp- ground shall be in compliance with these regulations and all other applicable regulations of the city or the State of Kansas. Sec. 36-606 (5). Unused mobile home park. Whenever a prop- erty, zoned "MH"; ceases to be used for such purposes for a period of two (2) years, the planning commission may initiate action and hold a public hearing to rezone said property back to a more appropriate zoning dis- trict. (Ord. No. 8526, S 1, 12-13-76) Supp. No. 22 1548 e e e ~ 36-607 ZONING ~ 36-607 Sec. 36-607. U University District. The U District is a zone that is designed to be used sepa- rately as a district zone or in combination with anyone or more of the residential districts. The two (2) principal func- tions of this district are: (1) To give the university-oriented functions more flexibility than they would have if located in a residential district; (2) to permit the establishment of the types of uses which ordinarily cluster about a university, but which are not located on university property. Sec. 36-607(1). Permitted uses. 1. Art galleries, libraries, and museums. 2. Colleges, universities and theological schools, in- cluding their buildings owned or leased for admin- istrative and faculty offices, classrooms, labora- tories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities and dormitories. 3. Fraternities and sororities. 4. Schools: Elementary, intermediate and secondary. 5. Lodging and boardinghouses. 6. Fraternal and service clubs, as defined. 7. Offices, meeting rooms, laboratories and other facilities for educational, fraternal, professional, religious and statistical research organizations and institutions. 8. Parking lots for passenger automobiles, accessory to uses permitted in the University District. Sec. 36-607(2). Conditional uses. 1. Private or public parking lots or garages operated for profit or not for profit, provided that there shall not be any accessory or permitted 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 land- scape plan or screening plan which has first been approved by the planning commission. Supp. No. 22 1549 ~ 36-607 SALINA CODE ~ 36-607' 2. No other conditional uses are permitted, except such conditional uses as could otherwise be allowed in any residential district with which this district is combined. Sec. 36-607(3). Lot size requirements. 1. Minimum lot area: (a) Colleges, universities and theological school structures: No minimum requirement. (b) Structures providing lodging rooms for un- married students: Three hundred seventy-five (375) square feet per lodging room. (c) All other permitted and conditional uses shall comply with the minimum lot area required in the residential district with which the Uni- versity 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 Uni- versity 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 Uni- versity District is combined. Sec. 36-607(4). Bulk regulations. 1. When the University District regulations are ap- plied in combination with the restrictions 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. Supp. No. 22 1550 e e e ~ 36-607 ZONING ~ 36-608 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 sepa- rate zoning district, then the following bulk regu- lations shall apply: (a) Maximum lot coverage: Thirty (30) per cent. (b) Minimum setback: Fifty (50) feet from each public street and from each lot line that ad- joins property in any other zoning district. (c) Maximum structure height: No limitations. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-608. C-l Restricted Business District. The C-l District is designed to provide for a restricted com- mercial alternative to multiple-family development adjacent to arterial streets and highways, and at the same time avoid the typical strip commercial development. To achieve this end, a very limited number of nonretail businesses are permitted. Sec. 96-608(1). Permitted uses. 1. Business and professional offices, provided that any warehouse or storage space associated with such offices shall not exceed fifty (50) per cent of the gross floor area of the principal structure. 2. Medical and dental clinics, and guidance centers. 3. Mortuaries and funeral homes. 4. The following uses would be permitted when lo- cated in an office 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. Supp. No. 24 1551 ~ 36-608 SALINA CODE ~ 36-608 5. Offices for ministers, rabbis, priests, etc. 6. Office facilities for salesmen, sales representatives, or manufacturer's representative, when no retail, wholesale, or exchange of goods is made or trans- acted on the premises. 7. Public utility uses, including substations and am- bulance services. 8. Studios or offices for artists, sculptors, authors, composers, photographers, or other similar uses. 9. YMCA, YWCA, and other similar organizations. 1Q. Signs, as permitted by Article IX. 11. Accessory and temporary uses, as permitted by Article IV. 12. Off-street parking and loading as required by Arti- cle X. Sec. 36-608(2). Conditional uses. 1. Mail-order houses. 2. Research laboratories (limited to research such as medical research, statistical research, etc.). 3. All permitted uses in the R-3 District, provided that they shall be governed by the requirements of the R-3 District. 4. Multiple-family dwellings for elderly and/or hand- icapped persons with the following permitted exceptions to the required bulk and lot size: (a) Minimum lot area: Five hundred (500) square feet per dwelling unit. (b) Bulk regulations: (1) Maximum structure height: One hundred fifty (150) feet except as provided in sec- tion 36-608(2)4.(b) (2), below. (2) Minimum yard requirements: a. Front yard: Thirty (30) feet on all sides abutting a street. b. 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. c. Rear yard: Twenty-five (25) feet. 1552 Supp. No. 24 e e e ~ 36-608 ZONING ~ 36-608 (3) Maximum lot coverage: Forty (40) per cent. 5. Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure. 6. Banks and financial institutions. Sec. 36-608(3). Lot size requirements. 1. Minimum lot width: Seventy-five (75) feet. 2. Minimum lot depth: One hundred (100) feet. Sec. 36-608(1,.). Bulk regu.Ja,tions. 1. Maximum structure height: Thirty (30) feet, ex- cept multiple-family development which shall be governed by the regulations for the R-3 Residential District, provided that there shall be one additional 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: Property located adjacent to the following various types of streets shall main- tain the following yard requirements regard- less 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 center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line or sixty-five (65) feet from the center line, whichever is greater. (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. (b) Minimum side yard: Eight (8) feet on each side. (c) Minimum rear yard: Twenty-five (25) feet. 3. Maximum lot coverage: Thirty (30) per cent. Supp. No. 24 1553 ~ 36-608 SALINA CODE ~ 36-609 Sec. 36-608 (5) . Use limitations. 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 visi- hIe 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. 4. Off-street parking and loading areas associated with the usee permitted in this district shall not be permitted in any required front yard. (.Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8664, ~ 8, 9-25-78) Sec. 36-609. C-2 Neighborhood Shopping District. The C-2 District is designed to permit areas of convenience shopping facilities of no less than one acre so located to serve one or more residential neighborhoods. Sec. 36-609(1). Permitted uses. Apparel stores. Banks and financial institutions. Barbershops. Beauty shops. Bicycle shops. Business and professional offices. Dry cleaning and laundry receiving stations where no processing or cleaning of clothing is done on the premises. 8. Food stores, including grocery stores, meat mar- kets, bakeries and delicatessens. 9. Florist shops. 10. Gift shops and variety stores. 11. Hardware stores. 12. Medical and dental clinics, and guidance centers. 13. Mortuaries and funeral homes. 14. Package liquor stores. Supp. No. 24 1. 2. 3. 4. 5. 6. 7. 1554 Pharmacies. Public utility uses including substations and am- bulance services. Restaurants, other than drive-in establishments. Self-service laundry and dry cleaning establish- ments. YMCA, YWCA, and other similar organizations. Any other similar retail business not specifically listed in any section is permitted if it complies with the conditions and restrictions contained in section 36-609 (5) . Accessory and temporary uses, as permitted by Article IV. Signs, as permitted by Article IX. Off-street parking and loading, as required by Article X. Sec. 96-609(2). Conditional uses. e ~ 36-609 e e Supp. No. 24 ZONING ~ 36-609 15. 16. 17. 18. 19. 20. 21. 22. 23. 1. 2. Bus stations. Telephone exchanges and telephone transmission equipment structures. Gasoline service stations and tire, battery and auto- mobile accessory stores, only if the design of the entrance and exit drives to such service stations or stores will not create hazards for vehicular or pedestrian traffic or congestion in adjacent streets. Taverns. Multiple-family dwellings provided they shall be governed by the R-3 Multiple-Family Residential District requirements. Such requirements shall in- clude 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. Research laboratories. Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure. 3. 4. 5. 6. 7. 1555 ~ 36-609 SALINA CODE ~ 36-609 Sec. 96-609(3). Lot size requirements. 1. Minimum lot width: Seventy-five (75) feet. 2. Minimum lot depth: One hundred (100) feet. 3. Minimum zoning area: One acre, unless contiguous to or within two hundred (200) feet of a similar zoning district. The minimum zoning area may not be varied by more than ten (10) per cent. Sec. 36-609 (1,.). Bulk regulations. Supp. No. 24 1. 2. Maximum structure height: Fifty (50) feet. y ard require~ents: (a) Front yard: Property located adjacent to the following various types of streets shall main- tain the following yard requirements regard- less 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 center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line or sixty-five (65) feet from the center line, whichever is greater. (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. (b) Side yard: None required, except when a side yard in this district abuts a residential district a side yard of fifteen (15) feet shall be pro- vided. (c) Rear yard: None required, except when a rear yard in this district abuts a residential district a rear yard of fifteen (15) feet shall be pro- vided. Maximum lot coverage: Thirty-five (35) per cent. 3. 1556 e e e ~ 36-609 ZONING ~ 36-610 Sec. 36-609(5). Use limitations. 1. All business establishments shall be retail or serv- ice establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced. 2. All business, service, storage and display of goods shall be conducted within a completely enclosed building, except that an area equivalent to not more than five (5) per cent 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. A sight-obscuring screening of not less than six (6) feet in height shall be provided along all prop.. erty lines that abut a residential district. 5. No individual business establishment shall occupy more than twenty-five thousand (25,000) square feet of floor space. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8664, ~ 9, 9-25-78) Sec. 36-610. C-3 Shopping Center District. The C-3 District is designed to provide a district of no less than one acre for a relatively broad range of retail shopping facilities which primarily consist of specialty shops and stores. Sec. 36-610(1). Permitted uses. 1. Antique shops. 2. Apparel stores. 3. Appliance stores. 4. Auditoriums and community theatres. 5. Banks and financial institutions. 6. Barbershops. 7. Beauty shops. 8. Bicycle shops. 9. Blueprinting and photostating establishments. 10. Bookstores. 11. Business and professional offices. 12. Camera and photographic supply stores. Supp. No. 24 1557 Carpet and rug stores. China and glassware stores. Department stores. Dry cleaning establishments. Drygoods stores. Florist shops. Food stores, including grocery stores, meat mar- kets, bakeries, and delicatessens. 20. Furniture stores. 21. Furrier shops, including the incidental storage and conditioning of furs. Gasoline service stations. Gift shops. Governmental buildings. Hardware stores. Hobby shops. Hotels and motels. Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, or sec- ondary to, a retail operation. Jewelry stores. Leather goods and luggage stores. Mail-order houses. Medical and dental clinics, and guidance centers. Mortuaries and funeral homes. Music stores, and musical instrument sales and re- pair. Newsstands. Optical sales. Package liquor stores. Paint and wallpaper stores. Pet grooming shops. Pet stores. Pharmacies. Printing plants. Public utility uses including substations and am- bulance services. 44. Research laboratories. 45. Restaurants, other than drive-in establishments. Supp. No. 24 ~ 36-610 SALINA CODE ~ 36-610 13. 14. 15. 16. 17. 18. 19. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 1558 46. Physical and health services such as private gym_ nasiums and reducing salons. 47. Private clubs (clubs and organizations, and frater- nal and service clubs as defined only). Radio and television broadcasting stations. Recording studios. Restricted production and repair limited to the following: Alteration and custom tailoring of cloth- ing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities. 51. Schools: Music, dance or business. 52. Self-service laundry and dry cleaning establish- ments. 53. Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is' discernible outside the structure. Sporting goods stores. Tailors. Telephone exchanges and telephone transmission equipment structures. Theatres, indoor only. Travel bureaus and transportation ticket offices. Variety stores. Any other similar retail business not specifically listed is permitted if it complies with the conditions and the restrictions contained in section 36-610(5). / 61. Accessory and temporary uses, as permitted by Article IV. 62. Signs, as permitted by Article IX. 63. Off-street parking and loading, as required by Article X. Sec. 36-610(2). Conditional, uses. 1. Multiple-family dwellings provided they shall be governed by the R-3 Multiple-Family Residential District requirements. Such requirements shall in- clude consideration of density, yards, off-street parking, lot coverage and all other requirements for multifamily development as required in the R-3 Supp. No. 23 e ~ 36-610 e e ZONING ~ 36-610 48. 49. 50. 54. 55. 56. 57. 58. 59. 60. 1559 ~ 36-610 SALINA CODE ~ 36-610 Residential District, except that there shall be one additional foot of setback for each two (2) feet of height over thirty-five (35) feet. 2. Taverns. 3. Contractor's office. 4. Multiple-family dwellings for elderly and/or handi- capped persons with the following permitted excep- tions 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 sec- tion 36-610(2)4.(b) (2) below. (2) Minimum yard requirements: a. Front yard: Thirty (30) feet on all sides abutting a street. b. 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. c. Rear yard: Twenty-five (25) feet. (3) Maximum lot coverage: Forty (40) per cent. 5. Bus stations. 6. Mini...warehouses. Sec. 36-610(3). Lot size requirements. No minimum, but zon- ing district must be a minimum of one acre, unless contiguous to or within two hundred (200) feet of a similar district. The minimum zoning area may not be varied by more than ten (10) per cent. Sec. 36-610(4). Bulk regulations. 1. Maximum structure height: Thirty-five (35) feet. 2. Yard requirements: (a) Front yard: Property located adjacent to the following various types of streets shall main- tain the following yard requirements regard- Supp. No. 23 1560 e ~ 36-610 ZONING ~ 36-610 (b) less 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 center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line or sixty.Jive (65) feet from the center line, whichever is grea ter. (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. Side yard: None required, except when a side yard abuts a residential district there shall be a setback of fifteen (15) feet. Rear yard: None required, except where any rear yard abuts a residential district, then a rear yard shall be provided that is fifteen (15) feet in width. (c) e Sec. 36-610(5). Use limitations. 1. All business establishments shall be retail or serv- ice establishments dealing directly with the con- sumer. All goods produced on the premises shall be sold at retail on the premises where produced. 2. All business, service, storage and display of goods shall be conducted within a completely enclosed building, except as provided by this chapter. 3. No business establishment shall offer or sell food or beverages for consumption on the premises in parked motor vehicles. 4. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street. 5. A sight-obscuring screening of not less than six (6) feet in height shall be provided along all prop- e Supp. No. 24 1561 ~ 36-610 SALINA CODE ~ 36-611 erty lines that abut a residential district. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 1, 3-27-78; Ord. No. 86-64, ~ 10, 9-25-78) See. 36-611. C-4 Central Business District. The C-4 District is designed to provide a district for a broad range of retail shopping facilities. Sec. 96-611 (1). Permitted uses. 1. Antique shops. 2. Auditoriums and community theatres. 3. Automobile sales, rental, and service. 4. Auto parts stores. 6. Apparel stores. 6. Appliance stores. 7. Art galleries, libraries, and museums. 8. Banks and financial institutions. 9. Barbershops. 10. Beauty shops. 11. Bicycle shops. 12. Bookstores. 13. Blueprinting and photostating establishments. 14. Bus stations. 15. Business and professional offices. 16. Camera and photographic supply stores. 17. Carpet and rug stores. 18. China ann glassware stores. 19. Contractor's office. 20. Department stores. 21. Dry cleaning establishments. 22. Drygoods stores. 23. Electrical contractors. 24. Electronic parts and supplies. 25. Florist shops. 26. Food stores, including grocery stores, meat mar- kets, bakeries, and delicatessens. 27. Fraternal and service clubs. 28. Furniture stores. 29. Furrier shops, including the incidental storage and conditioning of furs. Supp. No. 24 1662 e ~ 36-611 e e 62. Supp. No. 24 ZONING ~ 36-611 30. 31. 32. 33. 34. 35. Gasoline service stations. Gift shops. Governmental buildings. Hardware stores. Hobby shops. Hospitals, sanitariums, rest homes, and nursing homes, providing that parking is provided in ac- cordance with section 36-1002. Hotels and motels. Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles which are conducted as a part of, and secondary to, a retail operation. Jewelry stores. Leather goods and luggage stores. Mail-order houses. Mechanical contractors. Medical and dental clinics, and guidance centers. Mini-warehouses. Mortuaries and funeral homes. Music stores and musical instrument sales. Newspaper offices and printing. Newsstands. Office equipment and supply. Optical sales. Package liquor stores. Paint and wallpaper stores. Parking garages and lots. Pawnshops. Pest control and exterminators. Pet grooming shops. Pet stores. Pharmacies. Physical and health services such as private gym- nasiums and reducing salons. Private clubs. Printing plants. Public utility uses including substations and am- bulance services. Radio and television broadcasting stations. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 1563 A 36-611 SALINA CODE A 36-611 63. Radio and television repair shops. 64. Recording studios. 65. Restaurants, other than drive-in establishments. 66. Restricted production and repair limited to the fol- lowing: Alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses ; and other similar activities. 67. Schools: Music, dance or business. 68. Self-service laundry and dry cleaning establish- ments. 69. Shoe repair shops. 70. Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure. 71. Sporting goods stores. 72. Tailor shops. 73. Taverns. 74. Telephone exchanges and telephone transmission equipment structures. 75. Theatres, indoor only. 76. Travel bureaus and transportation ticket offices. 77. YMCA, YWCA, and other similar organizations, 78. Variety stores. 79. Any other similar retail business not specifically listed is permitted if it complies with the condi- tions and the restrictions contained in section 36- 611 (5). 80. Accessory and temporary uses, as permitted by Article IV. 81. Signs, as permitted by Article IX. 82. Off-street parking and loading, as required by Arti- cleX. Sec. 36-611 (2). Conditio7U1J. uses. 1. Multiple-family dwellings, provided that such de- velopment shall comply with the &-3 Multiple- Family Residential District requirements for multi- ple-family dwellings. Supp. No. 24 1564 e e e f 36-611 ZONING ~ 36-611 2. Multiple-family dwellings for elderly and/or handi- capped persons with the following permitted ex- ceptions 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: No limita- tions. (2) Minimum yard requirements: a. Front yard: Thirty (30) feet on all sides abutting a street. b. 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. c. Rear yard: Twenty-five (25) feet. (3) Maximum lot coverage: Forty (40) per cent. 3. Storage in bulk of, or warehouse for such materials as: Clothing, drugs, dry goods, food, furniture, glass, groceries, hardware, household goods, liquor or alcoholic beverages, lubricating oil, millinery, paint, paint materials, pipe, rubber, shop supplies, tobacco, turpentine, and varnish. 4. Testing and research laboratories. 5. Wholesale office and sample rooms. Sec. 36-611 (3). Lot size requirements. No minimum require- ments. Sec. 36-611 (J,.). Bulk regumtions. 1. Maximum structure height: No limitations. 2. Yard requirements: (a) Front yard: None. oJ (b) Side yard: None required, except as provided below. (c) Rear yard: None required, except as provided below. (d) Where any side and/or rear yard abuts a resi- dential district, a landscaped side and/or rear Supp. No. 24 1565 I 36-611 SALINA CODE ~ 36-612 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) per cent. Sec. 96-611 (5). Use limitations. 1. All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced. 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 premises in parked motor vehicles. 4. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street. (Ord. No. 8526, S 1, 12-13-76; Ord. No. 8630, S 2, 3-27-78; Ord. No. 8664, S 11, 9-25-78) See. 36-612. C-5 Service Commercial District. The C-5 District is designed for those business and commer- cial uses which draw their customers from motorists on the hil'hway, or for whom a location on a highway or arterial street is especially useful or necessary. Although some of the typical retail uses are permitted in other commercial districts, most of these permitted in this district would not blend well into a prime retail area. Sec. 96-612(1). Permitted uses. 1. 2. 3. Supp. No. 24 Ambulance services. Automobile rental, sales and service. Automotive parts, wholesale. 1566 e ~ 36-612 e e ZONING ~ 36-612 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Automotive sales, service and parts. Banks and financial institutions. Barbershops. Beauty shops. Bicycle shops. Boat sales, rental and service. Bonding agencies. Bowling alleys. Business and professional offices. Car washes. Carpet and rug stores. Commercial off-street parking as a principal use. Contractor's office. Equipment sales and rental, not including heavy equipment type such as bulldozers and cranes. Food stores and delicatessens. Furniture stores. Garden stores, greenhouses and nurseries. Gasoline service stations. Gift and souvenir shops. Hardware stores. Motels and hotels. Package liquor stores. Paint and wallpaper stores. Pawnshops. Pest control and exterminators. Pharmacies. Pitch and putt, and miniature golf. Printing plants. Private clubs. Public utility uses including substations. Recreational vehicle rental, sales and service. Restaurants, including drive-in establishments, serving food or beverages to customers for con- sumption on the premises or in parked motor vehi- cles. Self-service laundry and dry cleaning establish- ments. Service and fraternal clubs and lodges. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. 34. 35. 36. 37. Supp. No. 23, Rev. 1567 ~ 36-612 SALINA CODE I 36-612 38. Small animal hospitals, providing that such facil- ity is completely enclosed and that no odor or noise is discernible outside the structure. 39. Sporting goods stores. 40. Truck sales and service. 41. Variety stores. 42. YMCA, YWCA, and other similar organizations. 43. Any other similar uses not specifically listed are permitted if they comply with the conditions and restrictions contained in section 36-612(5). 44. Accessory and temporary uses, as permitted by Article IV. 45. Signs, as permitted by Article IX. 46. Off-street parking and loading, as required by Article X. Sec. 36-612(2). Conditional u..~es. 1. Telephone exchanges and telephone transmiBBion equipment structures. 2. Outdoor theatres. 3. Animal hospitals, provided that all pens shall be in an enclosed structure. 4. Amusement parks and skating rinks. 5. Taverns. 6. Lumber yards. 7. Mini-warehouses. Sec. 36-612(3). Lot size requirements. 1. Minimum lot width: Seventy-five (75) feet. 2. Minimum lot depth: One hundred (100) feet. Sec. 36-612(4). Bulk regulations. 1. Maximum structure height: Forty (40) feet. 2. Yard requirements: (a) Minimum front yard: Property located adja- cent to the various types of streets shall main- tain the following yard requirements regard- less of whether it is a front, side, rear or any combination thereof: Supp. No. 23, Rev. 1568 e e e i 36-612 ZONING ~ 36-612 (1) Residential street: Twenty-five (25) feet from the property line or fifty-five (55) feet from the center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line or sixty-five (65) feet from the center line, whichever is greater. (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is greater. (b) No side or rear yard setback shall be required other than under the conditions specified in section 36-612 (4) 2. (a) above, except that when located adjacent to property in a residential district there shall be a setback of ten (10) feet. (c) Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet. (d) Gasoline pumps, air and water service and other fixtures used in connection with gasoline service stations shall be located no less than twelve (12) feet from the property line of any street or road on which the service station abuts. (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. 3. Maximum lot coverage: Fifty (50) per cent. Sec. 36-612(5). Use limitations. 1. No structure shall be used for residential purposes except for the use of the owner or operator of the business located on the premises and except that accommodation may be offered to transient public by motels and hotels. Supp. No. 23 1569 ~ 36-612 SALINA CODE ~ 36-613 2. All outdoor storage and vehicles in operating con- dition and off-street parking and loading spaces shall be enclosed by screening as provided in sec- tion 36-612(4)2.(e). Off-street parking and loading spaces and the storage of automobiles and other motor vehicles in operating condition shall be so enclosed when such use abuts on a residential dis- trict 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 serv- ice 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 wherever necessary to avoid casting direct light on any prop- erty located in a residential district. 5. Drive-in establishments offering food or services directly to customers waiting in parked motor vehi- cles shall screen the space allocated for customers and motor vehicles in the same manner as is r.e- qui red in section 36-612(5)2., above. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 3, 3-27-78) See. 36-613. C-6 Heavy Commercial District. The C-6 District is designed for commercial uses which deal with the sale and/or service of heavy equipment or products. Sec. 36-613(1). Permitted uses. 5. 6. 7. 8. 9. Agricultural implement sales and service. Ambulance services. Amusement parks and skating rinks. Animal hospitals, provided that all pens shall be in an enclosed structure. Antique shops. Apparel stores. Appliance stores. Armories. Auditoriums and community theatres. 1. 2. 3. 4. Supp. No. 23 1570 e e e ~ 36-613 II. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Supp. No. 23 ZONING ~ 36-613 10. Automobile and truck sales and rental, including accessory repair and painting operations and facil- ities, provided that all such operations or facilities shall comply with all the use limitations in section 36-613(5). Automotive parts, wholesale. Automotive sales, service, and parts. Banks and financial institutions. Barbershops. Beauty shops. Bicycle shops. Boat sales, rental, and service. Bonding agencies. Bookstores. Blueprinting and photostating establishments. Bowling alleys. Business and professional offices. Camera and photographic supply stores. Car washes. Carpet and rug stores. China and glassware stores. Commercial off-street parking as a principal use. Contractor's office. Department stores. Dry cleaning establishments. Drygoods stores. Electrical contractors. Electronic parts and supplies. Equipment sales and rental. Florist shops. Food stores and delicatessens. Fraternal and service clubs. Furniture stores. Furrier shops. Garden stores, greenhouses and nurseries. Gasoline service stations. Gift and souvenir shops. Governmental buildings. Hardware stores. Hobby shops. 1571 ~ 36-613 Supp. No. 23 SALINA CODE ~ 36-613 46. Hospitals, sanitariums, rest homes, and nursing homes. Hotels and motels. Interior decorating shops, including upholstering, making of draperies, slipcovers and other similar articles. Jewelry stores. Leather and luggage stores. Lumber yards. Mail-order houses. Mechanical contractors. Medical and dental clinics, and guidance centers. Mini-warehouses. Mobile home and trailer sales and rental, but not including the use of any mobile home as a resi- dence. Mortuaries and funeral homes. Music stores and musical instrument sales. Newspaper offices and printing. Newsstands. Office equipment and supply. Optical sales. Package liquor stores. Paint and wallpaper stores. Parking garages and lots. Pawnshops. Pest control and exterminators. Pet grooming shops. Pet stores. Pharmacies. Physical and health services. Private clubs. Printing plants. Public utility uses, including substations. Radio and television broadcasting stations. Radio and television repair shops. Recording studios. Recreational vehicle rental, sales and service. Restaurants, including drive-in establishments. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 1572 80. Restricted production and repair limited to the following: Alteration and custom tailoring of cloth- ing for retail sale only; jewelry from precious metals; watches; dentures; optical lenses; and other similar activities. Schools: Music, dance, or business. Self-service laundry and dry cleaning establish- ments. Shoe repair shops. Sporting goods stores. Tailor shops. Taverns. Telephone exchanges and telephone transmission equipment structures. Theatres, indoor only. Travel bureaus and transportation ticket offices. YMCA, YWCA, and other similar organizations. Variety stores. Any other similar retail business not specifically listed is permitted if it complies with the conditions and the restrictions contained in section 36-613(5). Accessory and temporary uses, as permitted by Article IV. Signs, as permitted by Article IX. Off-street parking and loading, as required by Arti- cle X. Sec. 36-613(2). Conditional uses. 1. Outdoor theatres. 2. Tire repair shops, recapping, etc. Sec. 36-613(3). Lot size requirements. 1. Minimum lot width: Seventy-five (75) feet. 2. Minimum lot depth: One hundred (100) feet. Sec. 36-613(4). Bulk regulations. 1. Maximum structure height: Fifty (50) feet. 2. Yard requirements: (a) Front yard: Property located adjacent to the following various types of streets shall main- e ~ 36-613 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91 e 92. 93. 94. 95. e Supp. No. 23 ZONING ~ 36-613 1573 ~ 36-613 SALINA CODE ~ 36-613 tain the following yards 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 center line, whichever is greater. (2) Collector street: Twenty-five (25) feet from the property line or sixty-five (65) feet from the center line, whichever is greater. (3) Arterial street: Twenty-five (25) feet from the property line or seventy-five (75) feet from the center line, whichever is gr.eater. (b) No side or rear yard setback shall be required other than under the conditions specified in section 36-613 (4)2. (a) above, except that when located adj acent to property in a resi- dential district there shall be a setback of ten (10) feet. (c) Each motel and hotel shall have a minimum side yard on each side of the zoning lot of not less than ten (10) feet, and a minimum rear yard of not less than twenty (20) feet. (d) Gasoline pumps, air pumps, and water service and other fixtures used in connection with gasoline service stations shall be located not. less than twelve (12) feet from the property line of any street or road on which the service station abuts. 3. Maximum lot coverage: Fifty (50) per cent. Sec. 36-613(5). Use limitations. 1. No structure shall be used for residential purposes except for a security guard or night watchman or the owner or operator of the business located on the premises. Supp. No. 23 1574 e ~ 36-613 ZONING ~ 36-614 2. All outdoor storage including off-street parking spaces shall be enclosed by screening from adj a- cent property located ina residential district. All lighting shall be so located to avoid casting direct light upon any property located in a resi- dential district. Sight-obscuring screening of not less than six (6) feet in height shall be provided along all lot lines that abut a residential district. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 4, 3-27-78) 3. 4. See. 36-614. 1-1 Industrial Park District. The 1-1 District is designed to permit a broad range of industrial activities within certain limitations. The uses per- mitted in this district are required to be in an enclosed struc- ture and all premises are to be landscaped according to an approved landsc,ape plan. All walks, drives and parking areas shall be all-weather surfaced. Sec. 36-614(1). Permitted uses. e e Supp. No. 23 1. 2. 3. 4. 5. 6. 7. 8. 9. Adding machine manufacture. Armories. Artificial flower manufacture. Automobile assembly. Automobile and truck washes. Automobile rental agency. Automobile repair (no wrecking yard). Bakery, wholesale. Beverage manufacturing and bottling (excluding malts and spirits). Bicycle manufacture. Blacksmith (no salvage yard). Boat sales, rental and service. Book publishing. Boot and shoe manufacture. Bottling works. Broom manufacture. Building materials yard. Business, professional and administrative offices. 10. 11. 12. 13. 14. 15. 16. 17. 18. 1575 ~ 36-614 Supp. No. 23 SALINA CODE 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. Cabinet maker. Candy manufacture. Canning and preserving factory. Cap and hat manufacture. Carpenter shop. Carpet cleaning. Cleaning and pressing. Clock factory. Clothing manufacture. Coffin manufacture. Cold storage warehouse. Commission house. Concrete burial vault company. Condensed milk manufacture. Contractor's storage yard and offices. Cosmetic manufacture. Creamery, wholesale. Dairy, wholesale. Dental laboratory. Drug manufacture. Dry cleaning establishment. Drygoods, wholesale. Dyeing and cleaning. Electrical repair. Electrical sign manufacture. Enameling and painting. Engraving plant. Envelope manufacture. Express storage and delivery station. Feed and seed stores. Feed manufacturer. Feed, wholesale. Flour and grain storage and elevators. Food products manuf'acture. Frozen food lockers. Fruit and vegetable drying. Fur warehouse. Furniture warehouse/storage. Garage, repair. ~ 3/)-614 1576 e ~ 36-614 ZONING ~ 313-614 58. Garment factory. 59. Grain elevator. 60. Greenhouses, retail and wholesale. 61. Grocery store, wholesale. 62. Gymnasium equipment manufacture. 63. Hangars with repair facilities. 64. Hat cleaning. 65. Hatcherf. 66. Hay, grain, feed, wholesale. 67. Ice cream manufacture. 68. Ice manufacture. 69. Jewelry manufacture. 70. Knit goods manufacture. 71. Laboratories. 72. Laundry. 73. Limb (artificial) manufacture; (prosthesis manu- facture) . 74. Lime and cement warehouse. e 75. Looseleaf book manufacture. 76. Lumber yard. 77. Macaroni manufacture. 78. Machinery and implement sales, storage, and re- pair. 79. Mattress manufacture. 80. Medicine manufacture. 81. Metal fabrication and assembly. 82. Milk bottling plant. 83. Milk depot, wholesale. 84. Millinery making. 85. Mineral distillation and bottling. 86. Mini-warehouses. 87. Mobile home sales and service. 88. Motorcycle repair. 89. Moving company, with storage facilities. 90. Newspaper offices and printing. 91. Office building on same site as industry (factory). 92. Office equipment and supply manufacture. 93. Optical goods and manufacture. 94. Organ manufacture. e 95. Overall manufacture. Supp. No. 23 1577 ~ 36-614 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. Supp. No. 23 SALINA CODE ~ 36-614 Paper products manufacture. Pencil factory. Perfumery. Pest control and exterminators. Pharmaceutical products manufacture. Phonograph manufacture. Photo engraving company. Piano manufacture. Popcorn factory. Plumbing shop. Printing plants. Produce warehouse. Public utility plants and services, including sub- stations. Publishing company. Pump station. Radio manufacture. Recreational vehicle, rental, sales and service. Refrigerator manufacture. Relay station (radio, television, etc.). Research facilities. Rug cleaning. Saddle manufacture. Screw and bolt manufacture. Seed company (processing). Sheet metal shop. Shirt factory. Sign painting. Small animal hospitals. Soap manufacture. Soda water manufacture. Sporting goods manufacture. Stair manufacture. Storage warehouse. Tailor shop. Taxicab storage, repair. Tea and spice packing. Television aerials (classed with building to which attached) . 1578 Television manufacture. Television sending or relay towers. Textile manufacture. Thermometer or thermostat manufacture. Tin products, wholesale. Tinsmith shop. Tire repair shop, recapping, etc. Transfer company, baggage storage. Truck sales, rental and service. Truck terminals. Trunk manufacture. Upholstery manufacture. Vulcanizing shop (rubber). Wallpaper manufacture. Warehouse. Washing machine manufacture. Watch manufacture. Water company appurtenances. Waterproofing treatment and manufacture. Welding shop (no salvage yard). Wholesale houses. Wholesale produce storage and market. Window shade manufacture. Wire brush manufacture. Wood products manufacture. Woodworking shops. Woven goods manufacture. Worsted goods manufacture. Accessory and temporary uses, as permitted by Article IV. Signs, as permitted by Article IX. Off-street parking and loading, as required by Article X. Sec. 96-611,.(2). Conditional uses. None. Sec. 96-614(9). Lot size requirements. 1. Minimum lot width: One hundred (100) feet. 2. Minimum lot depth: One hundred fifty (150) feet. e ~ 36-614 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158 159. 160. 161. e 162. 163. e Supp. No. 22 ZONING ~ 36-614 1579 ~ 36-614 SALINA CODE ~ 36. 614 3. Minimum zoning area: One acre, unless contiguous to or within two hundred (200) feet of a similar district. The minimum zoning area may not be varied by more than ten (10) per cent. Sec. 36-614(1,.). Bulk regulations. 1. Maximum structure height: Fifty (50) feet. 2. Yard requirements: (a) FroItt yard: Thirty-five (35) feet on all sides abutting a street, except when located adja- cent to an arterial street, there shall be a set- back of seventy-five (75) feet from the street center line. The greater distance shall prevail. (b) Side yard: Twenty (20) feet. (c) Rear yard: Twenty (20) feet. 3. Maximum lot coverage: Thirty-five (35) per cent. Sec. 36-611,.(5). Use limitations. Supp. No. 23 1. All operations, activities and storage shall be con-- ducted wholly inside a building or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the bound- ary of any zoning district other than an 1-1, 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 property located in an 1-1, 1-2, or 1-3 District) by screening of not less than six (6) feet in height. No retail sales or services shall be permitted except incidental or accessory to a permitted use. Servicing and maintenance of vehicles shall be per- mitted only when such is necessary to the conduct of a permitted use. All premises in an 1-1 District shall be furnished 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. 2. 3. 4. 1580 e ~ 36-614 ZONING ~ 36-615 5. If a lot in an I-I District adjoins a residential dis- trict, screening shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses. No building shall be used for residential purposes except that a watchman may reside on the prem- ises. Exterior lighting shall be shaded so that no direct light is cast upon any property located in a resi- dential district or upon any street where glare is visible to traffic. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 5, 3-27-78) 6. 7. Sec. 36-615. 1-2 Light Industrial District. The 1-2 District is designed to permit industrial activities of a limited nature. This includes uses which in many cases are compatible with adjacent use districts. Sec. 36-615(1). Permitted meso 1. Any retail or commercial use, except those listed as conditional uses in the 1-2 or 1-3 Districts. Adding machine manufacture. Armories. Artificial flower manufacture. Automobile assembly. Automobile and truck washes. Automobile rental agency. Automobile repair (no wrecking yard). Bakery, wholesale. Beverage manufacturing and bottling (excluding malts and spirits). Bicycle manufacture. Blacksmith (no salvage yard). Book publishing. Boot and shoe manufacture. Bottling works. Broom manufacture. Building materials yard. Cabinet maker. Candy manufacture. e e 11. 12. 13. 14. 15. 16. 17. 18. 19. Supp. No. 23 2. 3. 4. 5. 6. 7. 8. 9. 10. 1581 ~ 36-615 Supp. No. 23 SALINA CODE 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. Canning and preserving factory. Cap and hat manufacture. Carpenter shop. Carpet cleaning. Cleaning and pressing. Clock factory. Clothing manufacture. Coffin manufacture. Cold storage warehouse. Commission house. Concrete burial vault company. Condensed milk manufacture. Contractor's storage yard and offices. Cosmetic manufacture. Creamery, wholesale. Dairy, wholesale. Dental laboratory. Drug manufacture. Dry cleaning establishment. Drygoods, wholesale. Dyeing and cleaning. Electrical repair. Electrical sign manufacture. Enameling and painting. Engraving plant. Ehvelope manufacture. Express storage and delivery station. Feed and seed stores. Feed manufacturer. Feed, wholesale. Flour and grain storage and elevators. Food products manufacture. Frozen food lockers. Fruit and vegetable drying. Fur warehouse. Furniture warehouse/storage. Garage, repair. Garment factory. Greenhouses, retail and wholesale. ~ 36-615 1582 Grocery store, wholesale. Gymnasium equipment manufacture. Hangars with repair facilities. Hat cleaning. Hatchery. Hay, grain, feed, wholesale. Ice cream manufacture. Ice manufacture. Jewelry manufacture. Knit goods manufacture. Laboratories. Laundry. Limb (artificial) manufacture; (prosthesis manu- facture) . Lime and cement warehouse. Looseleaf book manufacture. Lumber yard. Macaroni manufacture. Machinery and implement sales, rental, storage, and repair. 77. Mattress manufacture. 78. Medicine manufacture. 79. Metal fabrication and assembly. 80. Milk bottling plant. 81. Milk depot, wholesale. 82. Millinery making. 83. Mineral distillation and bottling. 84. Mini-warehouses. 85. Mobile home sales and service. 86. Motorcycle repair. 87. Moving company, with storage facilities. 88. Newspaper offices and printing. 89. Office building on same site as industry (factory). 90. Office equipment and supply manufacture. 91. Optical goods manufacture. 92. Organ manufacture. 93. Overall manufacture. 94. Paper products manufacture. 95. Pencil factf)ry. 96. Perfumery, Supp. No. 23 e ~ 36-615 e e ZONING ~ 36-615 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 1583 ~ 36-615 97. 98. 99. 100. 10l. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 12l. 122. 123. 124. 125. 126. 127. 128. 129. 130. Supp. No. 23 SALINA CODE ~ 36-615 13l. 132. 133. Pest control and exterminators. Pharmaceutical products manufacture. Phonograph manufacture. Photo engraving company. Piano manufacture. Popcorn factory. Plumbing shop. Printing plants. Produce warehouse. Public utility plants and services, including sub- stations. Publishing company. Pump station. Radio manufacture. Refrigerator manufacture. Refuse service. Relay station (radio, television, etc.). Research facilities. Rug cleaning. Saddle manufacture. Screw and bolt manufacture. Seed company (processing). Sheet metal shop. Shirt factory. Sign painting. Small animal hospitals. Soap manufacture. Soda water manufacture. Sporting goods manufacture. Stair manufacture. Storage warehouse.. Tailor shop. Taxicab storage, repair. Tea and spice packing. Television aerials (classed with building to which attached) . Television manufacture. Television sending or relay towers. Textile manufacture. 1584 e ~ 36-615 ZONING ~ 36-615 134. 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. 150. Welding shop (no salvage yard). 151. Wholesale houses. e 152. Wholesale produce storage and market. 153. Window shade manufacture. 154. Wire brush manufacture. 155. Wood products manufacture. 156. Woodworking shops. 157. Woven goods manufacture. 158. Worsted goods manufacture. 159. Accessory and temporary uses, as permitted by Article IV. 160. Signs, as permitted by Article IX. 161. Off-street parking and loading, as required by Article X. 162. Any other similar industrial use, provided that it complies with the limitations in section 36-615(5). Sec. 36-615(2). Conditional uses. None. Sec. 36-615(3). Lot size requirements. 1. Minimum lot area: Five thousand (5,000) square feet. 2. Minimum lot width: Fifty (50) feet. e Supp. No. 23 1585 ~ 36-615 SALINA CODE ~ 36-615 3. Minimum lot depth: One hundred (100) feet. Sec. 36-615(4). Bulk regulations. 1. Maximum structure height: No limitation. 2. Minimum yard requirements: (a) Minimum front yard: Twenty-five (25) 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 stre1:lt center line. The greater dis- tance shall prevail. (b) Side yard: No minimum requirement, but if a side yard abuts a residential district, a side yard of ten (10) feet shall be provided. (c) Minimum rear yard: No minimum require- ment, but if a rear yard abuts a residential district, a rear yard of ten (10) feet shall be provided. 3. Maximum lot coverage: Fifty (50) per cent. Sec. 86-615(5). Use limitations. 1. All operations, activities and storage shall be con- ducted wholly inside a building, or buildings, un- less the nearest point of such operation 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 District and except that storage may be maintained outside the building in side or rear yards if such storage area is separated from public streets and other property (except property located in an 1-2 or 1-3 District) by screening of not less than six (6) feet in height. 2. Servicing and maintenance of vehicles shall be per- mitted only when such is necessary to the conduct of a permitted use. 3. If a lot in an 1-2 District adjoins a residential dis- trict, screening of not less than six (6) feet in height shall be provided at the lot lines sufficient to protect, on a year-round basis, the privacy of adjoining residential uses. Supp. No. 23 1586 e e e ~ 36-615 ZONING ~ 36-616 4. No building shall be used for residential purposes except that a watchman may reside on the prem- ises. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8680, ~ 6, 3-27-78) Sec. 36-616. 1-3 Heavy Industrial District. 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 Districts should be separated from residential dis- tricts and the more restricted business districts by intervening or restrictive industrial or commercial zones. Sec. 36-616(1). Permitted uses. 1. Any retail or commercial use except those listed as conditional in section 36-616(2). 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. 8. Beet sugar manufacture. 9. Beverage manufacture and bottling. 10. Bleaching powder manufacture. 11. Blooming mill. 12. Blueing manufacture. 13. Boat manufacture. 14. Box manufacture. 15. Brass foundry. 16. Brewery. 17. Brick yard and kiln. 18. Bronze manufacture. 19. Brush manufacture. 20. Can manufacture. 21. Candle manufacture. 22. Car manufacture. 23. Car wheel foundry. 24. Cast iron pipe manufacture. 25. Casting foundry. 26. Celluloid manufacture. Supp. No. 23 1586.1 ~ 36-616 Supp. No. 23 SALINA CODE ~ 36-616 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. Chalk manufacture. Charcoal manufacture and pulverizing. Cheese manufacture. Chocolate and cocoa pr6ducts. Cider and vinegar manufacture. Clay products. Coal yards. Coffee roasting. Concrete batching or "ready mixed" plant. Concrete products company. Copper manufacture. Cotton yarn manufacture. Culvert pipe manufacture. Electrical supply manufacture. Elevator manufacture. Emery cloth manufacture. Engine manufacture. Excelsior manufacture. Fire brick manufacture. Fire clay products manufacture. Flour and grain milling. Foundry. Fuel storage and distribution. Furnace manufacture. Furniture manufacture. Glass manufacture. Hair products factory. Hardware manufacture. Heating supplies and appliances manufacture. Hosiery mill. Iron (ornamental) works. Lath manufacture. Laundry machinery manufacture. Leather and leather goods manufacture. Light and power manufacture. Linen goods manufacture. Linoleum manufacture. Lubricating machinery manufacture. Lumber mill. 1586.2 e e e ~ 36-616 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 101. 103. 104. 105. Supp. No. 23 ZONING ~ 36-616 Machine shop. Machinery manufacture. Mailbox manufacture. Malt products manufacture. Meat cutter and coffee grinder manufacture. Meat packing plant. Metal polish manufacture. Metal weather-stripping manufacture. Milling company. Mini-warehouses. Monument works. Motorcycle manufacture. N ail manufacture. Needle manufacture. Oilcloth manufacture. Packing (meat, poultry) plant. Pattern shop. Pipe (concrete) manufacture. Pipe (metal) manufacture. Planing mill. Plaster of paris manufacture. Plating works. Poultry food manufacture. Printing ink manufacture. Quilt manufacture. Radiator (heating) manufacture. Rivet manufacture. Rope manufacture. Rubber cement manufacture. Rubber manufacture. Rug manufacture. Salt manufacture. Salvage storage yard. Sand and gravel storage yard. Sand paper manufacture. Sausage or sausage casing manufacture. Sawmill. Sewer pipe manufacture. Shingle manufacture. Shoe manufacture. 1586.3 ~ 36-616 SALINA CODE ~ 36-616 106. Shovel manufacture. 107. Starch manufacture. 108. Soybean oil manufacture. 109. Stone cutting and screening. 110. Stove and range manufacture. 111. Sweeping compound manufacture. 112. Syrup and preserve manufacture. 113. Tack manufacture. 114. Terra cotta manufacture. 115. Tile manufacture. 116. Tin foil manufacture. 117. Tin products manufacture. 118. Tire manufacture. 119. Tool manufacture. 120. Vinegar manufacture. 121. Washing powder manufacture. 122. Washing soda manufacture. 123. Waste paper products manufacture. 124. Wire manufacture. 125. Wood preserving treatment manufacture. 126. Accessory and temporary uses, as permitted by Article IV. 127. Signs, as permitted by Article IX. 128. Off-street parking and loading, as required by Article X. Sec. 36-616(2). Conditional uses. 1. Explosives manufacture and storage (including fireworks) . 2. Anhydrous ammonia production and storage. 3. Any other uses not now or hereafter prohibited by ordinance of the City of Salina, Kansas. Sec. 36-616(3). Lot size requirements. 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. Supp. No. 23 1586.4 e e e ~ 36-616 ZONING ~ 36-700 Sec. 36-616(4). Bulk regulations. 1. Maximum structure height: No limitation. 2. Minimum yard requirements: (a) Minimum front yard: Twenty-five (25) 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: No minimum requirements, but if a side yard abuts a residential district, a side yard of ten (10) feet shall be provided. (c) Minimum rear yard: No minimum require- ments, but if a rear yard abuts a residential district, a rear yard of ten (10) feet shall be provided. 3. Maximum lot coverage: Seventy-five (75) per cent. Sec. 36-616(5). Use limitations. 1. If a lot in an 1-3 District adjoins a residential dis- trict, screening of not less than six (6) feet in height shall be provided at the lot line sufficient to protect, on a year-round basis, the privacy of the adjoining residential uses. 2. No building shall be used for residential purposes except that a watchman or custodian may reside on the premises. (Ord. No. 8526, S 1, 12-13-76; Ord. No. 8630, S 7, 3-27-78) Sees. 36-617-36-699. Reserved. ARTICLE VII. PLANNED DEVELOPMENT DISTRICTS Sec. 36-700. Purpose. The application of flexible land use controls to the develop- ment of land is often difficult or impossible with traditional zoning district regulations. 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 governing Supp. No. 23 1586.5 ~ 36-700 SALINA CODE ~ 36-701 body is authorized by Kansas Statutes Annotated, Sections 12-725 through 12-733, to establish planned development dis- tricts in which the zoning regulations are in harmony with the general purpose and intent of this chapter, and with the comprehensive plan of the city, but in which such regulations differ in one or more respects from the zoning regulations that are applicable in any of the districts that are established by this chapter. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-701. General provisions. Sec. 36-701 (1). The governing body may, by ordinance, ap- prove the establishment of a planned development district on any parcel or tract of land which is suitable for, and of suffi- cient 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. Sec. 36-701 (2). A planned development district may be established for a residential planned development or for a general planned development. A development shall be deemed to be a residential planned development when it is limited to dwelling units in detached, semidetached, attached or multi- storied structures, or any combination thereof; and nonresi- dential uses of a religious, cultural, recreational and business character that are primarily designed and intended to serve the residents of the residential planned development. A devel- opment shall be deemed to be a general planned development when it contains business and/or industrial structures and uses exclusively or when it blends residential structures or dwelling units in a unified plan with business and/or indus- trial structures and uses. Sec. 36-701 (3). Business and industrial structures and uses in planned development districts shall comply with the limita- tion of use standards for any commercial or industrial district in which any contemplated use is first permitted in this chap- ter and with the off-street parking and loading requirements contained in Article X of this chapter. (Ord. No. 8526, ~ 1, 12-13-76) Supp. No. 23 1586.6 e e - ~ 36-702 ZONING ~ 36-702 Sec. 36-702. Standards and criteria for planned developments. Sec. 36-702(1). For all planned developments. (a) A development plan that is not inconsistent with the standards set out in this section or with such general policies or specific rules and regulations for planned development districts as may be adopted from time to time by the ~overning body or the planning commission and placed of public record in the office of the zoning administrator shall prima facie be deemed to have quali- fied 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 develop- ment after an application for preliminary approval of a specific development plan has been filed. A develop- ment plan shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design, and location 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 substantially com- pleted within the period of time specified in the schedule of development submitted by the devel- oper. 2. The planned development will not substantially in- jure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accord- ance with the land use plan. 3. The site will be accessible from public roads that are adequate to carry the traffic that will be im.. posed upon them by the proposed development and the streets and driveways on the site of the pro- posed development will be adequate to serve the residents, occupants, or users of the proposed de- velopment. Traffic-control signals will be provided without expense to the city when the governing Supp. No. 22 1586.7 ~ 36-702 Supp. No. 22 SALINA CODE ~ 36-702 4. body determines that such signals are required to prevent traffic hazards or congestion in adjacent streets. The development will not impose an undue burden on public services and facilities, such as fire and police protection. The entire tract or parcel of land to be occupied by the planned d~velopment 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. The development plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of residential buildings, nonresidential uses and structures, and public facilities as are necessary for the welfare of the planned development and are not inconsistent with the best interests of the area. Such covenants, easements and other provisions, if part of the de- velopment plan as finally approved, may be modi- fied, removed or released only with the consent of the governing body after a public hearing before, and recommendations by, the planning commission as provided in section 36-703(2) (a). All such cove- nants shall specifically provide for enforcement by the city in addition to the landowners within the development. The planning commission may designate divisible geographic areas of the entire parcel to be devel- oped as a planned unit development and shall, in such case, specify reasonable periods within which development of each such area must be commenced. In the case of residential planned developments and general planned developments which contain residential buildings, the planning 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 develop- 5. 6. 7. 1586.8 e @ 36-702 e e Supp. No. 22 ZONING @ 36-702 8. ment '80 that the number of dwelling units per acre authorized for the entire planned development is not affected. The period of time established for the completion of the entire development and the com- mencement date for each section thereof may be modified from time to time by the planning com- mission, upon the showing of good cause by the develoPElr, provided that in no case shall any exten- sion of time exceed twelve (12) months. The devel- oper shall provide and record easements, covenants, shall make such other arrangements, and shall fur- nish such performance bond, escrow deposit, or other financial guarantees as may be determined by the planning commission to be reasonably re- quired to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion. The location and arrangement of structures, park- ing areas, walks, lighting and appurtenant facili- ties shall be compatible with the surrounding land uses, and any part of a planned development not used for structures, parking and loading areas, or accessways, shall be landscaped or otherwise im- proved, unless said open space would accomplish the intent of this section, if left in its natural state. When business or manufacturing structures or uses in a planned development district abut a residential district or residential buildings in the same devel- opment, screening shall be provided. In no event shall a business or manufacturing structure in a planned development district be located nearer than one hundred (100) feet to a residential building. Notwithstanding any of the other provisions of this chapter, when a shopping center is developed as a planned development district, such shopping center shall provide a parking space in off-street parking for each two hundred (200) square feet of 9. 10. 1586.9 * 36-702 SALINA CODE ~ 36-702 floor area in the structures located in the planned shopping center development. Such off-street park- ing facilities shall comply with the provisions of Article X of this chapter. 11. The specifications for the width and surfacing of streets and highways, alleys, ways for public utili- ties, for curbs, gutters, sidewalks, street lights, public parks and playgrounds, school grounds, storm drainage, water supply and distribution, sanitary sewers and sewage collection and treat- ment established in the subdivision regulations of the city, as amended from time to time may, within the limits hereinafter specified, be waived or modi- fied by the planning commission where the com- mission finds that such specifications are not re- quired 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 regula- tions that would otherwise be applicable to the site are warranted by the design to the development plan, and the amenities incorporated in it, and are not inconsistent with the interest of the public generally. Sec. 36-702(2). Standards for residential planned develop- ments and general planned developments containing residen- tial b'uildings. (a) Any development plan that does not propose to increase the number of dwelling units per acre that would other- wise be permitted on the property under the zoning regulations otherwise applicable thereto shall be prima facie qualified for preliminary approval insofar as resi- dential density is concerned. A development plan may provide for a greater number of dwelling units per acre than would be permitted by the zoning regulations otherwise applicable to the site, but if the number of dwelling units per acre exceeds by more than ten (10) Supp. No. 22 1586.10 e e e ~ 36-702 ZONING ~ 36-702 per cent that permitted by the zoning regulations other- wise applicable to the site, the developer has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The planning commission, in determining the reasonableness of a proposed increase in the number of dwelling units per acre, shall recognize that increased density may be compensated for by additional private amenities and by increased efficiency in public services to be achieved by (a) the amount, location and proposed use of com- mon 'open space, and (b) the location, design and type of dwelling units. The planning commission shall, in its determination, also consider that the physical charac- teristics of the site may make increased densities appro- priate in the particular location. (b) When common open space is provided in a development plan, the amount and location of such common open space shall be consistent with the declared function of the common open space as set forth in the application for a planned development district. The development plan shall include such provisions for the ownership and maintenance of the common open space as are reasonably necessary to ensure its continuity, care, con- servation and maintenance, and to ensure that remedial measures will be available to the city if the common open space is permitted to deteriorate or is not main- tained in a condition consistent with the best interest of the planned development or of the city. (c) When a planned development includes common open space, such common open space shall not be used for the construction of any structure which is inconsistent with its intended 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 structure. Adequate safeguards, including recorded covenants, shall be provided to prevent the subsequent develop- ment and the future construction of structures on such Supp. No. 22 1586.11 ~ 36-702 SALINA CODE ~ 36-702 open space. When a structure is permitted in said open space, its construction shall be allowed only after re- ceiving specific approval from the planning commission. (d) The total ground area occupied by buildings and struc- tures shall not exceed thirty-five (35) per cent of the total ground area of the planned development. (e) Nonresidential uses of an educational or recreational nature shall be designed or intended primarily for the use of the residents of the planned development. (f) Nonresidential uses of a business character shall be designed or intended to serve principally the residents of the planned development. No structure designed or intended to be used, in part or in whole, for business purposes shall be constructed prior to the construction of not less than thirty (30) per cent of the total number of dwelling units proposed in the development plan. (g) Planned developments in areas that are on the fringes of urban development or are in largely undeveloped areas shall maintain the following minimum yards: Supp. No. 22 1. The distance at the closest point between any structure and the boundary of the planned develop- ment district shall be at least two (2) times the perpendicular distance from the lowest first floor window sill to the highest point on the roof of the structure. When two (2) or more structures are located in any proposed planned development, the distance at the closest point between any two (2) structures containing residential uses, or between a structure 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 structure containing residential uses to the highest point in the roof of the other structure. (Ord. No. 8526, ~ 1, 12-13-76) 2. 1586.12 e e e ~ 36-703 ZONING ~ 36-703 Sec. 36-703. Procedure for securing approval of a planned de- velopment and the establishment of a planned development district. Sec. 36-703(1). Preliminary development plan. (a) A developer seeking the establishment of a planned de- velopment district shall prepare and submit to the plan- ning commission a preliminary development plan for such planned development district. (b) The preliminary development plan shall contain the following documents and information: Supp. No. 22 1. A survey of the tract that is to be developed show- ing existing features of the property including streets, alleys, easements, utility lines, existing land use, general topography, physical features, and drainage. A site plan showing the location and arrangement of all existing and proposed structures, the pro- posed traffic circulation pattern within the devel- opment, the areas to be developed for parking, the points of ingress. and egress, including access streets where required, the relationship of abutting land uses and zoning districts, proposed lots and blocks, if any, proposed public or common open space, if any, including parks, playgrounds, school sites, and recreational facilities, and proposed drainage. A preliminary plat of subdivision for which ap- proval has been secured pursuant to the applicable ordinances, rules and regulations relating to sub- division approval or a copy of the existing recorded plat which is appropriate for the intended plan. A statement of the anticipated residential density (when applicable), the proposed total gross floor area, and the percentage of the development which is to be occupied by structures. Preliminary sketches of the proposed structures and landscaping. 2. 3. 4. 6. 1586.13 ~ 36-703 SALINA CODE ~ 36-703 6. When a planned development is to be constructed in stages, a schedule for the development of such stages shall be submitted. No such stage shall have a residential density that exceeds by more than twenty (20) per cent the proposed residential den- sity of the entire planned development. 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 minimum, 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. 7. Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, in- cluding a statement of all the ownership and bene- ficial interests in the tract of land and the pro- posed development. 8. When it deems it to be necessary, the planning commission may require a traffic survey setting out and analyzing the effect that the planned de- velopment will have upon traffic in the streets and thoroughfares adjacent to and in the vicinity of the proposed development. 9. A statement showing the relationship of the planned development to the comprehensive plan and future land use plan for the city. 10. In the case of general planned developments,a statement identifying the principal types of busi- ness and/or industrial uses that are to be included in the proposed development. 11. When a planned development includes provisions for common open space, or recreational facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or recreationd facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted. Supp. No. 22 1586.14 e e e ~ 36-703 ZONING ~ 36-703 12. Copies of any restrictive covenants that are to be recorded with respect to property included in the planned development district. Sec. 36-703(2). Action on preliminary development plan. (a) Hearing, findings and recommendation of planning commission. The planning commission shall, within forty-five (45) days after a preliminary development plan is filed with it, hold a public hearing on the pre- liminary development plan after giving the notice re- quired by Article II of this chapter for hearings on amendments. Such public hearing shall consider all aspects of the preliminary development 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 governing body and to the developer specific find- ings of fact with respect to the extent to which the preliminary development plan complies with the stand- ards set out in this section, together with its recom- mendations to the governing body with respect to the action to be taken on the preliminary development plan. The commission may recommend disapproval, approval, or approval with amendments, conditions or restric- tions. Copies of the findings and recommendations of the planning commission shall be made available to any other interested persons. (b) Action by the governing body. The governing body shall approve or disapprove the preliminary development plan within twenty-one (21) days after it receives the findings and recommendations of the planning commis- sion thereon. If the preliminary development plan is disapproved, the developer shall be furnished with a written statement of the reasons for disapproval of the plan. If the preliminary development plan is to be approved, the governing body shall, after receiving from the developer any acceptance required by section 36-703(2) (c), below, adopt an ordinance approving the preliminary development plan, and establishing a Supp. No. 22 1586.15 ~ 36-703 SALINA CODE ~ 36-703 planned development district for the parcel or tract of land included in the preliminary development plan. (c) Restrictions and conditions. The governing body may alter the preliminary development plan, and impose such restrictions and conditions on the planned devel- opment as it may deem necessary to insure that the development will be in harmony with the general purpose and intent of this chapter and with the com- prehensive plan of the city. When the governing body alters the preliminary development plan, or imposes any restrictions or conditions on such plan, the devel- oper shall have fifteen (15) days within which to file an acceptance of such alterations, restrictions or con- ditions with the governing body. When an acceptance is required by this section, no ordinance approving a preliminary development plan and establishing a planned development district shall be adopted until such acceptance has been filed with the planning commission. (d) Form of ordinance. An ordinance approving a planned development and establishing a planned development district shall specify the zoning regulations and restric- tions 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 incorporated and published as a part of such ordinance. Such ordinance shall also spec- ify the conditions and restrictions that have been im- posed by the governing body on the planned develop- ment, and the extent to which the otherwise applicable district regulations have been varied or modified. When the planning commission has designated divisible geo- graphic areas that may be developed as a planned unit development, the ordinance shall authorize the planning commission to modify the schedule of development to the extent set out in section 36-702(1) (a)7. (Ord. No. 8526, ~ 1, 12-13-76) Supp. No. 22 1586.16 e e e ~ 36-704 ZONING ~ 36-704 Sec. 36-704. Status of preliminary development plan after ap- proval. Sec. 36-704(1). Within seven (7) days after the adoption of an ordinance approving a preliminary development plan ~md establishing a planned development district, such ordi- nJil.DCe shall be certified by the city clerk and shall be filed .1n t}J.e office of the zoning administrator. A certified copy sh~Jj be mailed to the developer. When approval of a prelimi- nary plan has been granted, the same shall be noted on the Z;oning map maintained in the office of the zoning adminis- trat9r.. See. 36-704(2). Preliminary approval of a development plan sh~n 'llot qualify said plan for recording. A development plan which has been given preliminary approval as submitted or which has been given preliminary approval with alterations, ~on4itions and restrictions, which have been accepted by the developer (and provided that the developer has not defaulted .or vioIated any of the conditions of the preliminary approval), shall not be modified or revoked or otherwise impaired by .actiop 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 file4, or in the case of staged developments, provided appli- cations are filed, within the time or times specified in the ordinance granting 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. Sec. 36-704(3). In the event that a development plan is given preliminary approval and thereafter, but prior to ap- proval of a final development plan, the developer shall: (a) Choose to abandon said plan and shall so notify the planning commission in writing; or (b) Shall 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. Supp. No. 22 1586.17 ~ 36-704 SALINA CODE ~ 36-705 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 imme- diately prior to the approval of the preliminary plan, as they may be amended from time to time. The governing body shall forthwith adopt an ordinance repealing the planned develop- ment district for that portion of the development that has not received final approval and reestablishing the zoning and other regulatory provisions that would otherwise be appli- cable. 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. (Ord. No. 8526, S 1, 12-13-76) Sec. 36-705. Application for approval of final development plan. Sec. 36-705(1). An application for approval of a final de- velopment 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 36-704(2) of this chapter and shall be in substantial compliance with the preliminary development plan as approved. The application shall include: (a) A detailed site plan showing the physical layout and design of all streets, easements, right-of-way, lots, blocks, common open space, structures and uses. (b) Preliminary building plans, including exterior eleva- tions. (c) Landscaping plans. (d) Copies of any proposed easements and restrictive cove- nants. (e) Proof of the establishment and activation of any en- tity that is to be responsible for the management and maintenance of any common open space. Supp. No. 22 1586.18 e e e S 36-705 ZONING S 36-705 (f) Evidence that no lots, parcels or tracts or dwelling units in such development have been conveyed or leased prior to the recording of any restrictive covenants applicable to such planned development. (g) Such bonds and other documents that may have been required pursuant to sections 36-702(1) (a)7, 36-703(2) (c), and 36-703(2) (d). (h) A final subdivision plat for which approval has been secured pursuant to the applicable ordinances, rules and regulations relating 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, application for final approval of other areas. A public hearing by the plan- ning 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 submitted for final approval, is in substantial compliance with the preliminary development plan theretofore given approval. Sec. 36-705(2). A development plan submitted for final ap- proval shall be deemed to be in substantial compliance with the preliminary plan, as approved, provided any modification by the developer of the preliminary plan, as approved, does not: (a) Vary the proposed gross residential density or intensity of use by more than five (5) per cent; or (b) Involve a reduction of the area set aside for common open space; or (c) Increase by more than five (5) per cent the floor area proposed for nonresidential use; or (d) Increase by more than five (5) per cent the total ground area covered by buildings. Supp. No. 22 1586.19 ~ 36-705 SALINA CODE ~ 36-705 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. Sec. 36-705(3). A public hearing shall not be held on an application for approval of a final development plan when said plan is in substantial compliance with the preliminary plan. When the application for final approval has been fil~d, together with all drawings, specifications and other docu- ments required in support thereof, the planning commission shall, within twenty-one (21) days of filing, grant such plan final approval. Sec. 36-705(4). In the event that the final development plan is not in substantial 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 substan- tial compliance with the preliminary plan. The developer may make such changes in the final plan as are necessary to bring it into compliance with the preliminary plan, or he may file a writt~n request with the planning commission that it hold a public hearing on his application for final approval. In the event 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 public hearingshalI be held, notice thereof shall be given, and the hearing shall be conducted in the manner prescribed in section 36-203, 36-203(1) and 36- 203(2) of this chapter. Within fourteen (14) days after the conclusion of the public hearing, the planning commission shall, by resolution, either grant or deny approval of the final 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 36-703(2) (a) of this chapter. Sec. 36-705(5). A final development plan, or any area there- of, that has been approved by the planning commission shall be so certified without delay by the city clerk and shall be Supp. No. 22 1586.20 e e e ~ 36-705 ZONING ~ 36-706 filed of record in the office of the zoning administrator before any development shall take place in accordance therewith. In the event the planning commission fails to act, either by grant or by denial of final approval within the time pre- scribed, the final plan shall be deemed to be approved. Pending completion within a reasonable time of said planned develop- ment, or of any area thereof, that has been finally approved, no modification of the provisions of said plan, or area thereof, as finally approved, shall be made except with the consent of the developer. Sec. 36-705(6). In the event that 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 writing, then no development or further development shall take place on the property in- cluded in the development plan until after the said 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 said plan and recommend appropriate action to the governing body. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-706. Amendments. A planned development district ordinance or an approved pre- liminary or final development plan may be amended by the gov- erning body, but only after a public hearing has been held pur- suant to notice by section 36-203 (1) of this chapter and findings of fact and recommendations have been prepared by the plan- ning commission and transmitted to the governing body in the manner required by section 36-703(2) (a) hereof. Nothing in this section shall be construed as requiring a public hearing in the case of minor alterations. The determination of the need for a public hearing shaH be at the discretion of the zoning administrator. (Ord. No. 8526, ~ 1, 12-13-76) Supp. No. 22 1586.21 S 36-707 SALINA CODE ~ 36-801 Sec. 36-707. 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. (Ord. No. 8526, ~ 1, 12-13-76) Sees. 36-708-36-799. Reserved. ARTICLE VIII. FLOOD PLAIN ZONING DISTRICT Sec. 36-800. Statutory authorization. The provisions for flood plain protection are adopted pur- suant to the authorization contained in Kansas Statutes Anno- tated, Sections 12-705, 12-707, 12-710, and 12-734-735. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-801. Purpose. The uncontrolled use of flood plains, rivers and streams, as well as filling, construction and certain other land practices in the flood plain of the City of Salina adversely affect the public health, safety and welfare and impairs the tax base of the city. In addition, extraordinary public expenditures may be required for the protection of persons and property and for the relief of distress in areas subject to periodic flooding. Therefore, it is the purpose of this article to: (a) Prohibit the placement of fill, materials and structures which would unduly obstruct flood flows. Subject to the provisions of sections 36-803 (3), 36-804, 36-805, and 36-806, a total prohibition will exist in areas designated as floodway and a partial prohibition will exist in areas designated as flood fringe. (b) Protect human life and health, prevent property dam- age, minimize business interruptions and minimize res- cue and relief efforts, which generally must be under- taken at public expense. Supp. No. 22 1586.22 e e e ~ 36-801 ZONING ~ 36-803 (c) Minimize expenditures of public monies for costly flood control proj ects and minimize the damage to public facilities in the flood plain, such as water mains, sewer lines, streets and bridges. (d) Minimize flood blight areas and maintain property val- ues and a stable tax base adj acent to the flood plain. (e) Discourage the victimization of unwary home and land buyers. (Ord. No. 8526, S 1, 12-13-76) Sec. 36-802. Warning and disclaimer of liability. The degree of flood protection required by this article is considered to be reasonable for regulatory purposes and is based on engineering and scientific methods of review and evaluation. However, larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes. This article does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damage. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damage that results from reli- ance on this article or on any administrative decision lawfully made thereunder. (Ord. No. 8526, S 1, 12-13-76) Sec. 36-803. General provisions. Sec. 36-803(1). Lands to which the flood plain article ap- plies. This article shall apply to all flood plain areas within the City of Salina and to all flood plain areas in unincorpo- rated territory lying outside of but within three (3) miles of the nearest point on the city limits provided that the unin- corporated territory has not been designated a flood plain zone or district by any other governmental unit or subdivision. Se!c. 36-803(2). "Flood plain" defined. A "flood plain" for the purposes of establishing a zone or district or for imposing restrictions upon the use of land under the provisions of this article shall include the watercourse and land adjacent to a watercourse subject to inundation from a flood having a Supp. No. 22 1586.23 ~ 36-803 SALINA CODE ~ 36-805 chance occurrence in anyone year of one per cent. This is the 100-year flood line. Sec. 36-803(3). "Floodway and flood fringe" defined. (a) Floodway. The channel of a stream or other water- course, and the land areas adjacent to the stream chan- nel, that are required to carry and discharge the flood- waters of the regulatory flood (the 100-year flood) without undue restriction. (b) Flood fringe. That portion of the flood plain lying out- side of the floodway, i.e., subject to being covered by floodwaters of a flood of a given magnitude, but not required to carry and discharge the floodwaters. Sec. 36-803(4). National flood insurance. Nothing in this article or in any regulations adopted hereunder shall be con- strued as affecting the eligibility of any existing structure located within the flood plain for flood insurance under the National Flood Insurance Act of 1968. (Ord. No. 8526, ~ 1, 12-13-76 ) Sec. 36-804. Establishment of flood plain district. rr'he flood plain area within the jurisdiction of this article is hereby declared to be one district, the general Flood Plain District (FP), as set forth on the zoning map of the City of Salina attached hereto and made a part of these regulations. The city shall also designate on the zoning map those areas determined to be in the flood way portion and the flood fringe portion of the flood plain district, pending determination of those areas by the appropriate state or federal agency. The flood plain district shall be considered an overlay zoning district in that the existing underlying zoning districts and their district regulations shall apply in addition to and com- plementary to those provisions. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-805. Adoption of engineering criteria. The flood plain district established and shown on the dis- trict zoning map has been delineated by use of studies and Supp. No. 22 1586.24 e e e ~ 36-805 ZONING ~ 36-806 information developed by the Corps of Engineers, U. S. Army, Kansas City District. Reports issued by that agency entitled, "Flood Plain Information, Mulberry Creek, Dry Creek, Salina, Kansas", dated March, 1972, and "Flood Plain Information, Smoky Hill River, Saline River, Dry Creek Diversion, Salina, Kansas", dated June, 1972, shall be used by the planning com- mission in evaluating and administering the provisions of the regulations contained within this Article VIII. Elevation infor- mation contained in the aforementioned reports shall be used to determine the exact location and limits of the "FP" Flood Plain District and said elevation information supercedes the "FP" delineation on the district zoning map. For the purposes of these regulations, the "intermediate regional flood" shall be the regulatory flood having a chance occurrence in anyone year of one per cent (the average 100-year frequency flood), and shall be used as the criteria for determining floodwater inundation areas included within the flood plain district and the floodwater surface elevations within that district. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-806. Permitted uses. Sec. 36-806(1). The following open space uses shall be per- mitted with the general flood plain district to the extent that they are not prohibited by ordinance, or state or federal stat- ute, and provided they do not require .structures, fill or storage materials and/or equipment: (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming and forestry. (b) Fishing, hunting, preservation of scenic and scientific areas, public or private fish hatcheries, soil and water conservation, and wildlife preserves. (c) Loading areas, parking areas, lawns, gardens, play areas, airport landing strips, and railroads. (d) Private and public recreation uses, such as golf courses, tennis courts, archery and firearms ranges, picnic SuPP. No. 22 1586.25 ~ 36-806 SALINA CODE ~ 36-808 grounds, boating and swimming areas, parks, shooting preserves, hiking and horseback trails. (e) Other similar open space uses. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-807. Conditional uses. The following uses may be permitted as conditional uses subject to the provIsions of this article and of section 36-1201 (2) of this chapter. Sec. 36-807(1). In the floodway portion of the flood plain district: (a) Uses or structures accessory to open space uses. (b) Drive-in theatres, new and used car lots, roadside stands, signs, and billboards. (c) Extraction of sand, gravel, and other materials. (d) Marinas, boat rentals, docks, piers, and wharves. (e) Streets, bridges, utility transmission lines and pipelines. (f) Other similar uses consistent with the standards set forth in section 36-808, below. Sec. 36-807(2). In the flood fringe portion of the flood plain district: (a) All uses which are permitted or conditional uses in the underlying zone may be allowed as condi- tional uses in the flood fringe subject to the stand- ards, factors, and conditions set forth in sections 36-808 and 36-809. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-808. Standards for issuance of conditional use permit in flood plain district. Sec. 36-808(1). In the floodway portion of the flood plain district: (a) No structure, fill, or use will be allowed as a conditional use which unduly affects the capacity of the floodway Supp. No. 22 1586.26 e e e ~ 36-808 ZONING ~ 36-808 or unduly increases flood heights. Structures shall be firmly anchored to prevent flotation which may cause additional damage. (b) Any fill or dumping proposed to be deposited in the floodway must be shown to have a beneficial purpose and the amount thereof shall not be greater than is necessary to achieve that purpose as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimen- sions of the proposed fill. (c) The storage of materials that are in time of flooding, buoyant, flammable, explosive or potentially injurious to human life or property shall be prohibited; storage of other materials may be allowed if not subject to major damage by floods and if firmly anchored to pre- vent flotation or readily removable after flood warning. Sec. 36-808(2). In the flood fringe portion of the flood plain district: (a) All structures to be erected, constructed, reconstructed, altered or moved shall be constructed on fill with the finished surface of the basement, or first floor in struc- tures without basements, at or above a point two (2) feet above the regulatory flood elevation line. The fill shall extend at such elevation at least fifteen (15) feet beyond the limits of the structure. (b) Where existing public streets or other circumstances make compliance with section 36-808(2) (a) impractical, or in other special circumstances, the board of zoning appeals may authorize other flood-proofing measures in lieu of fill in accordance with section 36-809 (2). ( c) Accessory uses such as railroad tracks and yards and parking lots may be at lower elevations. (d) The storage or processing of materials that are buoy- ant, flammable, or explosive in times of flooding and are potentially injurious to human life or property shall be at or above a point two (2) feet above the regula- tory flood elevation line. (Ord. No. 8526, ~ 1, 12-13-76) Supp. No. 22 1586.27 ~ 36-809 SALINA CODE ~ 36-809 Sec. 36-809. Factors and conditions for consideration of board of zoning appeals in granting conditional use per- mits in the flood plain district. Sec. 36-809(1). In addition to the requirements of section 36-1201 (2) of this chapter, when a provision of this article is involved, no conditional use permit shall be granted by the board of zoning appeals without specific consideration of the following factors: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto lands or downstream to the inj ury of others. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent the occurrence of disease, contamination and unsanitary conditions. (d) The susceptibility of the proposed facility and its con- tents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the pro- posed facility or use to the community. (f) The requirements of the facility or use for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. (h) The compatibility of the proposed use with existing development and development in the near future. (i) The relationship of the proposed use to the compre- hensive plan and flood 'plain management program for the area. (j) The safety of access to the property in times of fl0<>4 for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. Supp. No. 22 1586.28 e ~ 36-809 ZONING ~ 36-809 (1) Such other factors as are relevant to the purposes of the regulations. Sec. 36-809(2). In addition to the conditions which may be imposed under section 36-1201 (2) of this chapter, when a provision of this article is involved, the board of zoning appeals may also impose any of the following conditions which it deems necessary: (a) Requirement for construction of channel modifications, dikes, levees, and other protective measures. (b) Flood-proofing measures. Flood-proofing measures such as the following may be required at or above a point two (2) feet above the 100-year flood elevation line: Anchorage to resist flotation and lateral movement. Installation of watertight doors, bulkheads and shutters, or similar methods of construction. Reinforcement of walls to resist water pressure. Use of paints, membranes, or mortars to reduce seeping of water through walls. Addition of mass or weight to structures to resist flotation. Installation of pumps to lower water levels in structures. I Construction of water supply and waste treatment systems so as to prevent the entrance of flood- water. pumping facilities or comparable practices for sub- surface drainage systems for buildings to relieve external foundation and wall basement flood meas- ures. 9. Construction to resist rupture or colhlpse caused by water pressure or floating debris. 10. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into buildings or structures, Gravity drain- ing of basements may be eliminated by use of mechanical devices. 1. 2. 3. 4. e 5. 6. 7. 8. e Supp. No. 22 1586.29 ~ 36-809 SALINA CODE ~ 36-812 11. Location of all electrical equipment, circuits, and installed electrical appliances so as to provide pro- tection from inundation by the regional flood. 12. Location of any ,structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare at a point above the regulatory flood elevation or their flood-proofing so as to prevent flotation of storage containers, or damage to these which could result in the escape of toxic materials into flood- waters. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-810. Variances. In addition to the requirements of section 36-1201 of this chapter, no variance in the flood plain district shall have the effect of allowing uses prohibited in the district, permit a lower degree of flood protection, or permit standards lower than those required by state enabling legislation. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-811. Flood plain nonconforming uses. Whenever any structure subj ect to the general flood plain district requirements becomes a nonconforming use under these provisions, it shall be subject to the requirements and provisions of Article XI of this chapter. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-812. Amendments to flood plain district 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 proposes to regulate or restrict the location and use of structures, encroachments, and uses of land within such district without the city first submitting such proposed change, accompanied by complete maps, plans, profiles, specifi- cations, textual matter and other data and information to the Supp. No. 22 1586.30 ~ e ~ 36-812 ZONING ~ 36-8AOO chief engineer, division of water resources, Kansas State Board of Agriculture for written approval thereof. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-813. Violations. In addition to the penalties and relief set forth in section 36-1203 of this chapter, in the event the violation relates to a provision of this article on flood plain zoning, the attorney general and the chief engineer of the division of water re- sources of the Kansas State Board of Agriculture may insti- tute injunction, mandamus or other appropriate action or proceedings to prevent the unlawful erection, construction, }.econstruction, alteration, conversion, maintenance or use, or to correct or abate such violations, or to prevent the occupancy of such building, structure or land. (Ord. No. 8526, ~ 1, 12-13- 76) Sees. 36-814-36-899. Reserved. e ARTICLE VIllA. HERITAGE CONSERVATION DISTRICT Sec. 36-8AOO. Purpose. The heritage conservation district is designated to be used in conjunction with any existing zoning 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 elements of the city's cultural, social, economic, political, natural, archaeological and/or architectural history; (3) To stabilize and improve values in areas having culturally, socially, economically, politically, natural- ly, archaeologically, and/or architecturally significant properties. (Ord. No. 8760, ~ 1, 11-19-79) e Supp. No. 26 1586.31 ~ 36-8AOl SALINA CODE ~ 36-8A04 Sec. 36-8AOl. Permitted uses. All permitted and conditional uses in the underlying dis- trict and all other requirements of that zoning district shall apply. (Ord. No. 8760, ~ 1, 11-19-79) Sec. 36-8A02. Heritage commission created; pur- poses. The heritage commission is hereby created, whose purposes will be to inventory, promote, list, record, protect, preserve and enhance places, areas, features or sites within the City of Salina that have special significance in the architectural, archaeological, cultural or historical sense. The commission shall also advise the city commission and other groups concerning preservation of the city's historic and cultural heritage. (Ord. No. 8760, ~ 1, 11-19-79) Sec. 36-8A03. Commission membership. The heritage commission shall consist of seven (7) members, all of whom must reside within the city limits, to be appointed by the city commission. 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 of the Saline County Historical Society, one trained historian or archaeologist, if available, and two (2) or three (3) other individuals that the city commission may wish to consider. (Ord. No. 8760, ~ 1, 11-19-79) Sec. 36-8A04. 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. The members shall serve without compensation except for necessary expenses sustained in carrying out their official duties. Said expenses shall be paid by the City of Salina as authorized by the city commission. (Ord. No. 8760, ~ 1, 11-19-79) Supp. No. 26 1586.32 e e e ~ 36-8A05 ZONING ~ 36-8A07 Sec. 36-8A05. Commission officers. The heritage commission shall annually elect, from its membership a chairman and vice-chairman, whose terms of office shall be one year. The heritage commission shall appoint a secretary from the city planning department, who shall keep a record of all minutes, resolutions and proceedings and other actions of the commission. All vacancies shall be filled by the city commission. Four (4) members present 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. (Ord. No. 8760, ~ 1, 11-19-79) Sec. 36-8A06. Financial support. The heritage commission may accept donations, grants and other financial assistance from any public body or any agency, including but not limited to, the City of Salina, the County of Saline, the State of Kansas, and any of its agencies, and from any private individual or groups for the purpose of carrying out the functions, powers, and duties of the heritage commission, including property acquisition and renovation. These funds shall be utilized exclusively for heritage conservation purposes and shall be kept in a separate account requiring heritage commission and city approval for utilization. The heritage commission may, with the approval of the city commission, enter into agreements and contracts with the public or private consultants for the purpose of assisting the heritage commission in carrying out its functions, duties and powers. (Ord. No. 8760, ~ 1, 11-19-79) Sec. 36-8A07. Heritage conservation plan. The heritage commission shall thoroughly familiarize itself with the buildings, structures, land, areas and districts within the city which may be eligible for designation as heritage landmarks. Upon completion of such study by the heritage commission, a heritage conservation plan shall be prepared. Supp. No. 26 1586.32.1 ~ 36-8A07 SALINA CODE ~ 36-8A07 (a) The heritage conservation plan shall address the following items: (1) Inventory buildings, structures, land 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 utilized in the National Register of Historic Places. Properties in those districts which meet the National Register Criteria shall carry the zoning designation "HC-NR" (Heritage Conservation- National Register). Properties contained in dis- tricts which could qualify for incentives 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, land, areas, and districts should be designated as historic land- marks, employing in said criteria consideration of integrity of location, design, setting, materials, workmanship and historic association. Ceme- teries, birthplaces or graves of historical signifi- cance, structures which have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties which have achieved significance within the past fifty (50) years shall not be considered 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 signifi- cance 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 Supp. No. 26 1586.32.2 e e e ~ 36-8A07 ZONING ~ 36-8A07 A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life; or d. A cemetery which derives its primary signifi- cance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic event; or c. 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 inter- est if design, age, tradition or symbolic 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 exceptional importance. (4) Identify guidelines to be used in the determination of whether to grant or deny certificates of appropriateness (see section 36-8A09) for proposed alterations to the exterior of a designated historic landmark. (5) Formulate criteria to be utilized in the selection 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 restoration activities and for acquisitions. This program is to include federal, state, municipal, private and foundation activities and funding sources. Supp. No. 26 1586.32.3 ~ 36-8A07 SALINA CODE ~ 36-8A07 (7) Recommend incentives for heritage conservation to the city commission. (b) The heritage conservation plan and any subsequent amendments shall be presented to the Salina City Planning Commission for inclusion in the comprehen- sive plan for informational purposes. (c) The heritage commission shall, through the heritage conservation plan, recommend to the city commission that certain buildings, structures, land areas and/or districts in the city be designated a heritage conserva- tion landmark. A two-thirds (2/3) majority vote of the heritage commission shall be necessary to recommend designation of a structure or property as a heritage landmark. Designation as a heritage landmark may be either at the property owner's request or the designation may be recommended for placement on the property without consent provided that the property owners were notified and given an opportuni- ty to comment thirty (30) days in advance of the heritage conservation hearing. The recommendation shall include: (1) A legal description of those properties to be designated. (2) Identification of historic materials and/or features important to the preservation of the premises within the said designated building, structures, land areas and/or districts. (d) If the heritage commission finds that certain build- ings, structures, land areas or districts cannot be preserved without acquisition, a recommendation shall be made to the city commission that fee title or lesser interest in the property be acquired by gift or purchase, using funds or facilities available for preservation or restoration. (e) If the heritage commission finds that certain build- ings, structures, or land cannot be preserved without a change in use, a recommendation shall be made to the Supp. No. 26 1586.32.4 e e e ~ 36-8A07 ZONING ~ 36-8A08 planning commission or the board of zoning appeals, whichever is appropriate. (f) Annually, the heritage commission shall review the status of the designated heritage landmarks and/or district and include, in the heritage commission minutes, a report of such review. Said report shall be submitted to the city commission within thirty (30) days of its completion. (Ord. No. 8760, ~ 1, 11-19-79) Sec. 36-8A08. Public hearing. The heritage commission shall hold a public hearing on each tract to be designated 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 application is filed or within thirty (30) days from the notification of the property owner of the proceedings in effect. (a) Notice of hearing. The heritage commission shall hold at least one public hearing on the proposed designa- tion, 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 commision shall also mail a written notice of the public hearing, containing 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. (b) 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 Supp. No. 26 1586.32.5 ~ 36-8A08 SALINA CODE ~ 36-8A09 such report is made, a copy thereof shall be made available in the office of the heritage commission to the owner of the affected property and any other interested person. (Ord. No. 8760, ~ 1, 11-19-79) Sec. 36-8A09. Certificate of appropriateness review. (a) No work for which a building permit is necessary shall commence which would alter the integrity of any portion of a designated heritage landmark controlled by the heritage conservation plan until such time as a certificate of appropriateness has been issued by the heritage commission. Owners of designated heritage landmarks are encouraged to contact the heritage commission prior to commencing any work on the exterior 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 without the authorization of the heritage commission. (b) Design standards for exterior alterations of existing heritage landmarks shall be "The Secretary of Interior's Standards for Historic Preservation Projects." (c) When applying for such a certificate, the applicant shall forward copies of all detailed plans, elevations, perspectives, specifications and/or other documents pertain- ing to the work to the heritage commission. The secretary of the heritage commission 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 appropri- ateness shall be fourteen (14) days prior to the public meeting at which the heritage commission shall consider the application. (e) Upon review of the application, the heritage commis- sion shall determine whether the proposed work is in compliance with the heritage conservation plan and if the proposed work will adversely affect any historical, architec- tural, archaeological or cultural feature of the heritage landmark. The heritage commission shall also determine if Supp. No. 26 1586.32.6 e e e S 36-8A09 ZONING S 36-8AIO the proposed work is appropriate and consistent with the spirit and intent of this ordinance [article.] The heritage 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 building inspector of the heritage commission's action and if warranted issue a certificate of appropriateness to the building inspector with a copy to the applicant. (f) In the event that 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 city commission. The applicant shall have a maximum of fourteen (14) days to file the appeal. The city commission shall then, through the secretary of the heritage commis- sion, contact the state historic preservation 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 applicant on the historic integrity of the property or structure. Within forty-five (45) days of the appeal, the city commission 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 inspector with a copy to the applicant. (h) No major change shall be made in the proposed work after the issuance of a certificate of appropriateness without resubmittal to the heritage commission, and approval thereof, in the same manner as provided above. (Ord. No. 8760, ~ 1, 11-19-79) Sec. 36-8AIO. Demolition or removal of heritage landmark. If an application is received by the building inspector for the demolition or removal of any designated heritage landmark, the heritage commission shall hold a public hearing within forty-five (45) days after the application is Supp. No. 26 1586.32.7 6 36-8AIO SALINA CODE 6 36-900 originally filed to determine the appropriateness of the demolition, and a recommendation forwarded to the city commission. Notice of said 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 landmark, the character of the neighborhood and all other factors which it finds appropriate. The heritage commission may determine that, in the interest of preserving historical values, the structure 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 compromise which would allow the structure to remain intact and may not be reduced. Within the suspension period, upon advice of the heritage commission, after notice to the applicant, public hearing and upon determination that there are reasonable grounds for preservation, the city commission may extend the suspension period for an additional period not to exceed ninety (90) days. During the period of suspension of the applicant, no permit shall be issued for such demolition or removal, nor shall any person demolish or remove the building or structure. If no action is taken by the city commission within two hundred twenty- five (225) days from the date of application the demolition permit shall be issued upon demand and the building inspector shall so advise the applicant. (Ord. No. 8760, ~ 1, 11-19-79) Sees. 36-8All-36-8A99. Reserved. ARTICLE IX. SIGNS Sec. 36-900. Sign permits. No sign, except for normal repair and for signs listed in sections 36-903 and 36-904, shall be painted, constructed, erected, remodeled, relocated or expanded until a zoning cer- tificate (sign permit) for such sign has been obtained pursu- ant to the procedure set forth below. (Ord. No. 8526, ~ 1, 12-13-76) Supp. No. 26 1586.32.8 e e e ~ 36-901 ZONING ~ 36-902 Sec. 36-901. Zoning certificate (sign permit) required. Sec. 36-901 (1). The zoning certificate (sign permit) must be obtained from the office of the zoning administrator. Sec. 36-901 (2). A zoning certificate (sign permit) shall be either issued or refused by the zoning administrator within ten (10) days after the receipt of an application therefor or within such further period as may be agreed to by the appli- cant. No zoning certificate for any sign shall be issued unless the sign complies with the regulations of this article. Sec. 36-901 (3). A zoning certificate (sign permit) shall become null and void four (4) months after the date on which it is issued unless within such four-month period, construction, building, moving, remodeling or reconstruction of a structure or sign is commenced or a use is commenced. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 3.6-902. Sign standards. Sec. 36-902(1). 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 computins- the area of any wall sign which consists of letters, numbers, and symbols mounted or painted on a wall, the area shall be deemed to be the area of the smallest rectangular figure which can encompass all of the letters, numbers or symbols. Sec. 36-902(2). Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign. See. 36-902(3). All signs must conform to the regulations and design standards of the building code ()f the city and all wiring of all electrical signs must conform to the electrical code of the city. Supp. No. 26 1586.32.9 ~ 36-902 SALINA CODE ~ 36-902 Sec. 36-902(4). Illuminated signs shall be shaded wherever necessary to avoid direct casting of light upon property located in any residential district or upon any public street or park. Any illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall be illuminated only during business hours or between the hours of 7 :00 a.m. and 10 :00 p.m. Supp. No. 26 1586.32.10 e e e ~ 36-902 ZONING ~ 36-902 Sec. 36-902(5). No flashing signs are permitted. No ani- mated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted in any residential district, or in any C-1 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 indicating the time and/or temperature. No revolving beacons shall be al- lowed in any district. Sec. 36-902(6). No sign shall block any required accessway or window. Sec. 36-902(7). No sign shall be attached to a tree or utility pole whether on public or private property. Sec. 36-902(8). On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage, and restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to permit the allowable number of signs facing each street or highway that abuts the lot. Sec. 36-902(9). 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 insu- lated or otherwise protected. Sec. 36-902 (10). 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. Sec. 36-902(11). 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 36-505). Sec. 36-902(12). No sign shall be permitted to locate on public property in any district, and no sign shall be permitted Supp. No. 22 1586.33 ~ 36-902 SALINA CODE ~ 36-903 to project over public property except as permitted by awning, canopy, marquee and wall signs in the C-4 Commercial District. Sec. 36-902(13). All signs which are more than four (4) feet above grade shall be securely fastened so as to prevent movement. Sec. 36-902(14). Any time a sign is removed from its struc- tural support, except for the purposes of maintenance, repair, replacement, repainting or cleaning, or due to an act of God, the structural support shall be removed within twenty-four (24) hours, provided further, that if a sign removed for the purposes of maintenance, repair, replacement, repainting or cleaning, or due to an act of God, if not reinstalled within thirty (30) days of said removal, then the structural support shall be removed within twenty-four (24) hours. (Ord. No. 8526, S 1, 12-13-76) Sec. 36-903. Exemptions. The following signs shall be exempt from the requirements of this article: (a) Flags of a government or of a political, civic, philan- thropic, educational or religious organization, displayed on private property. (b) Signs of a duly constituted governmental body, includ- ing 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. (c) Memorial signs and tablets displayed on private prop- erty. (d) Address numerals and other signs required to be main- tained by law or governmental order, rule or regulation, provided that the content and size of the signs does not exceed the requirements of such law, order, rule or regulation. (e) Small signs, not exceeding five (5) square feet in area, displayed on private property for the convenience of Supp. No. 22 1586.34 e e e ~ 36-903 ZONING ~ 36-905 the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances, and the like. (f) Scoreboards in athletic stadiums. (g) Political campaign signs not exceeding eight (8) square feet in area and not displayed for more than twenty- one (21) days. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-904. Exemption from zoning certificate requirement. The following signs shall be exempt from the zoning cer- tificate (sign permit) requirements of section 36-901, but shall comply with all of the other requirements of this article and of the applicable district regulations: (a) Illuminated nameplate signs not exceeding two (2) square feet in gross surface area accessory to a single- family or two-family dwelling. (b) Illuminated identification signs not exceeding forty (40) square feet in gross surface area accessory to a multiple-family dwelling. (c) IlIuminated bulletin board signs not exceeding forty (40) square feet in gross surface area accessory to a church, school or public or nonprofit institution, sub- ject to the provisions of section 36-902(4). (d) IlIuminated business signs when located on property used for agricultural purposes and pertaining to the sale of agricultural products produced on the premises. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-905. Classification of signs-Functional types. Sec. 36-905(1). Advertuing sign. A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the prem- ises on which the sign is located, or to which it is affixed (off-premise sign). Supp. No. 22 1586.35 ~ 36-905 SALINA CODE ~ 36-906 Sec. 36-905(2). Bulletin board sign. A sign that indicates the name of an institution or organization on whose premises it is located and which contains the name of the institution or organization, the name or names of persons connected with it, and announcements of persons, events or activities appear- ing or occurring at the institution. Such signs may also pre- sent a greeting or similar message. Sec. 36-905(3). Business sign. A sign which directs atten- tion to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered, on the premises where the sign is located or to which it is affixed. Sec. 36-905 (4). Construction sign. A temporary sign indi- cating the names of architects, engineers, landscape architects, contractors, and similar artisans 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 con- struction is taking place. Sec. 36-905(5). Identification sign. A sign having the name and address of a building, business, development or establish- ment. Such signs may be wholly or partly devoted to a readily recognized symbol. Sec. 36-905(6). Nameplate sign. A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located, and where applicable, a pro- fessional status. Sec. 36-905(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. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-906. Classification of signs-Structural types. Sec. 36-906(1). Awning, canopy and marquee sign. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this chapter. Supp. No. 22 1586.36 e e e ~ 36-906 ZONING ~ 36-907 No such sign shall project more than twenty-four (24) inches above, below, or twelve (12) inches beyond the physical dimen- sions of the awning, canopy or marquee, and a minimum of eight (8) feet of clearance shall be provided above grade. Sec. 36-906(2). Ground sign. Any sign placed upon, or sup- ported by, the ground independently of the principal building or structure on the property. Signs on accessory structures shall be considered ground signs. Sec. 36-906(3). 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. Sec. 36-906 (4.). Projecting sign. A sign that is wholly or partly dependent upon a building for support and which pro- jects more than twelve (12) inches from such building. Sec. 36-906(5). Wall sign. A sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. Sec. 36-906(6). 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. Sec. 36-906(7). Mobile sign. A sign which is designed to be easily transported and is attached to a trailer or other non- motive powered vehicle. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-907. District regulations. Sec. 36-907(1). A-1 Agricultural District. (a) Functional types permitted. Any type listed in section 36-905. (b) Structural types permitted. Any type listed in section 36-906. (c) Number of signs permitted. One per zoning lot provided that advertising signs shall not be permitted within Supp. No. 24 1586.37 ~ 36-907 SALINA CODE ~ 36-907 five hundred (500) feet of a residence and not closer than five hundred (500) feet from another advertising sign. (d) Maximum gross surface area. (1) Advertising sign: Four hundred (400) square feet. (2) All other types: Thirty-two (32) square feet. (e) Maximum height. Thirty (30) feet. (f) Required setback. None required, except that any sign which exceeds two hundred (200) square feet in gross surface area shall maintain the same setback that is required for principal structures and in no case shall a sign project over public property. (g) Illumination. Illumination of signs is prohibited. Sec. 36-907(2). RS, R, R-l, R-2, R-3, and MH ResidentUil Djstricts and U University District. (a) Functional types permitted. 1. Bulletin board signs. 2. Construction signs. 3. Identification signs. 4. Nameplate signs. 5. Real estate signs. 6. Business signs (when used in conjunction with a garage sale). (b) Structural types permitted. 1. Ground signs. 2. Pole signs. 3. Wall signs. (c) Number of signs permitted. One per zoning lot, except that a maximum of three (3) construction signs is per- mitted. (d) Maximum gross surface area. 1. Bulletin board signs: Sixteen (16) square feet. 2. Construction signs: Thirty-two (32) square feet. 3. Identification signs: Twelve (12) square feet. 4. Nameplate signs: Two (2) square feet. 5. Real estate signs: Eight (8) square feet per lot, provided that one sign of not more than one hun- Supp. No. 24 . 1586.38 e e e ~ 36-907 ZONING ~ 36-907 dred (100) square feet in area announcing the sale of lots and/or houses 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) per cent of the lots in the subdivision or development have been sold, whichever occurs sooner. 6. Business signs: Eight (8) square feet per lot. (e) Maximum height. 1. All signs shall be placed flat against a building or designed as part of an architectural 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. 2. 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. (f) Required setback. All signs, except real estate and con- struction signs, shall maintain the same setback re- quired for principal structures. (g) Illumination. No sign shall be illuminated, except that bulletin board signs may be indirectly illuminated so as to avoid the direct casting of light upon any residential building. Sec. 36-907(3). C-l Restricted Business District. (a) Functional types permitted. Any type listed in section 36-905, except advertising signs. (b) Structural types permitted. Any type listed in section 36-906, except roof signs, projecting signs, and mobile signs. (c) Number of signs permitted. 1. Ground sign: One per zoning lot. 2. Pole sign: One per zoning lot. 3. Others: Two (2) per zoning lot. SuPp. No. 24 1586.39 ~ 86-907 SALINA CODE ~ 86-907 (d) Maximum gross surface area. One square foot of sign area for each lineal foot of building frontage, not to exceed thirty-two (32) square feet. (e) Maximum height. 1. All signs shall be placed flat against a building or designed as part of an architectural feature thereof except that signs may be detached if they do not exceed a height of eight (8) feet or project into any required building setback area. 2. No height limit is specified for signs placed flat against or painted on the wall of a building, or for other attached signs provided all other provi- sions of this section are complied with. (f) Required setback. Entire sign shall be set back ten (10) feet. (g) Illumination. Illuminated signs shall be permited. Sec. 36-907(J,,). C-2 Neighborhood Shopping District. (a) Functional types permitted. Any type listed in section 36-905, except advertising signs. (b) Structural types permitted. Any type listed in section 36-906, except mobile signs, projecting signs, and roof signs. (c) Number of signs permited. Two (2) per business. (d) Maximum gross surface area. One square foot of sign area for each lineal foot of building frontage. (e) Maximum height. Thirty (30) feet. (f) Required setback. No minimum setback, except that pole sign supports must maintain a ten-foot setback. (g) Illumination. Illuminated signs shaH be permitted. Sec. 36-907 (5). C-3 and C-J" Commercial Districts. (a) Functional types permitted. Any type listed in section 36-905, except advertising signs. Supp. No. 24 1586.40 e e e ~ 36-907 ZONING ~ 36-907 (b) Structural types permitted. Any type listed in section 36-906, except that mobile signs shall be prohibited in the C-4 District. (c) Number of signs permitted. No maximum limitation. (d) Maximum gross surface area. Four (4) square feet of sign area for each lineal foot of building frontage. (e) Maximum height. No sign shall project more than thirty (30) feet above the highest point of the roof of the structure associated with or on which it is located. (f) Required setback. No minimum requirement, except that no sign shall project over or be located on public property, except as provided in section 36-902(12). (g) Illumination. Illuminated signs shall be permitted. Sec. 36-907(6). C-5 and C-6 Commercial Districts. (a) Functional types permitted. Any type listed in section 36-905. (b) Structural types permitted. Any type listed in section 36-906. (c) Number of signs permitted. No limitation. (d) Maximum gross surface area. 1. Four (4) square feet of sign area for each lineal foot of building frontage. 2. Where no building frontage exists, four (4) square feet of sign area for each lineal foot of street frontage. (e) Maximum height. Fifty (50) feet above grade, except that for freeway oriented ground sign, * the height may be extended to twenty-five (25) feet above the freeway roadbed. *Ground signs located within six hundred sixty (660) feet of a major arterial street which carries a classifi- cation as a freeway, interstate, etc. (f) Required setback. None required, except that any sign which exceeds two hundred (200) square feet in gross Supp. No. 24 1686.41 ~ 36-907 SALINA CODE ~ 36-907 surface area shall maintain the same setback required for principal structures, and in no case shall a sign project over public property. (g) Illumination. Illuminated signs shall be permitted. Sec. 36-907(7). 1-1 Industrial Park District. (a) Functional types permitted. Any type listed in section 36-905, exce~t advertising signs. (b) Structural types permitted. Any type listed in section 36-906, except roof signs. (c) Number of signs permitted. Two (2) per establishment. (d) Maximum gross surface area. One square foot for each two (2) feet of lineal street frontage. (e) Maximum height. Thirty (30) feet. (f) Required setback. Ten (10) feet. (g) Illumination. Illuminated signs shall be permitted. Sec. 36-907(8). 1-2 and 1-3 Industrial Districts. (a) Functional types permitted. Any type listed in section 36-905. (b) Structural types permitted. Any type listed in section 36-906. (c) Number of signs permitted. No limitation. (d) Maximum gross surface area. Four (4) square feet for each lineal foot of street frontage. (e) Maximum height. 1. Roof sign: Thirty (30) feet above the highest point of the structure on which the sign is located. 2. All other signs: Thirty (30) feet. (f) Required setback. None required. (g) Illumination. Illuminated signs shall be permitted. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8663, ~ 2, 9-25-78) Supp. No. 24 1586.42 e e e ~ 36-908 ZONING ~ 36-1000 Sees. 36-908-36-999. Reserved. ARTICLE X. OFF-STREET PARKING AND LOADING See. 36-1000. Off-street parking. Sec. 36-1000(1). Applicability. In any zoning district, all structures built and all uses established hereafter shall pro- vide accessory off-street parking in accordance with the fol- lowing regulations. When an existing structure or use is expanded, accessory off-street parking shall be provided in accordance with the following regulations for the total area or capacity of such expansion. Sec. 36-1000(2). Standards for required off-street parking. (a) Utilization. Required accessory off-street parking facil- ities provided for the uses hereinafter listed shall be solely for the parking of motor vehicles in operating condition of patrons, occupants, 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, columns, 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 parking space. (d) Open and enclosed parking. No off-street parking, driving, or maneuvering areas open to the sky shall cover more than sixty (60) per cent of the total area of any front yard nor shall any motor vehicle be parked in any front yard except upon a driveway or parking area. The area devoted to driveway purposes shall not be considered in determining whether off- street parking requirements have been met except in the instance of single-family and two-family dwell- ings. Enclosed buildings and carports containing off- street parking shall be subject to the yard require- ments applicable to the district in which located. Supp. No. 23 1586.43 ~ 36-1000 SALINA CODE ~ 36-1000 (e) Design and maintenance. 1. Design. Off-street parking spaces shall comply 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 except required parking spaces accessory to a single- family dwelling shall be graded and paved or otherwise improved with all-weather, dustless material. 3. Screening. All open off-street parking areas con- taining more than six (6) parking spaces shall be effectively screened on each side that adjoins any property situated in a single-family residential dis- trict 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 damage to, or intrusion into, such wall, fence or hedge. 4. Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residen- tial properties in such a way as not to interfere with the residential use. 5. Repair and service. No motor vehicle repair work or service of any kind shall be permitted in associa- tion with any off-street parking facilities. 6. Computation. When determination of the number of off-street parking spaces required by these reg- ulations results in a requirement of a fractional space, the fraction of one-half (l/2) or less may be disregarded, and a fraction in excess of one-half (l/2) shall be counted as one parking space. 7. Collective provisions. Off-street parking facilities for separate uses may be provided 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 cover- Supp. No. 23 1586.44 e ~ 36-1000 e e Supp. No. 22 ZONING ~ 36-1000 8. ing the location of accessory parking spaces in rela- tion to the use served are adhered to. Location. All parking spaces required to serve buildings or uses shall be located on the same zon- ing lot or in the same zoning district as such build- ing or use, except that such parking spaces may be provided in an adjacent zoning district if such district allows parking lots or parking garages as a permitted use. But in no instance shall required off~street parking be located more than six hun- dred (600) feet (as measured along lines of public access) from the use which it serves. Employee parking. Parking spaces required on' an employee basis shall be based on the maximum number of employees on duty or residing, or ex- pected to be on duty or residing, or both, on the premises at anyone time, at the same time as the building permit is issued. Maximum number of spaces. The total number of accessory parking spaces provided for a single- family, a two-family or multiple-family dwelling shall not exceed that required by this article, for such use or for any equivalent new use by more than fifty (50) per cent or four (4) spaces, which- ever number is greater. Exempt zone. Notwithstanding any other provision of this chapter, no accessory off-street parking facilities shall be required for any structure in the C-4 Central Business Districts except residences, and those uses specifically required to provide parking. Determination of required spaces. When determin- ing the required number of off-street parking spaces for apartment houses, lodging, boarding or rooming houses, fraternity, sorority and dormi- tories, an occupant shall mean an individual sepa- rate and distinct from the immediate family of the owner, landlord, or operator. 9. 10. 11. 12. 1586.45 ~ 36-1000 SALINA CODE ~ 36-1000 Sec. 36-1000(3). Off-street parking space requirements. Off- street parking spaces accessory to the uses hereinafter desig- nated shall be provided as follows: (a) Dwelling and lodging uses. 1. Hotels and motels: At least two (2) parking spaces; plus one (1) parking space for each rental unit, plus such spaces as are required for restau- rants, assembly rooms and affiliated facilities. 2. Single-family and two-family dwellings: At least two (2) parking spaces for each dwelling unit. 3. Three-family and multiple-family dwellings: At least two (2) parking spaces per unit. 4. Multiple-family dwellings for elderly and/or handi- capped persons: At least one (1) parking space for each unit for the first twenty (20) units and a total number of spaces equal to seventy-five (75) per cent of the total number of units or twenty (20) spaces, whichever is greater. 5. Lodging houses: One (1) parking space for each lodging room. 6. Dormitories, fraternities, sororities and other lodging facilities and rooms for unmarried stu- dents: 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 cent of the total number of occupants or twenty (20) spaces whichever is greater. 7. Mobile home parks: At least two (2) parking spaces for each mobile home. (b) Commercial and industrial uses. 1. All business and commercial establishments, except those specified hereafter: At least one (1) parking space for each three hundred (300) square feet of floor area, plus one (1) parking space for each full-time employee. 2. Retail stores: At least one (1) parking space for each two hundred fifty (250) square feet of floor area. Supp. No. 22 1586.46 e ~ 36-1000 e e ZONING ~ 36-1000 3. Automobile service stations: At least two (2) park- ing spaces for each service bay, plus one (1) space for each employee, but not less than a total of five (5) parking spaces. Banks and financial institutions: At least one (1) parking space for each two hundred (200) square feet of floor area. Dental clinics and medical clinics: At least three (3) parking spaces for each examination or treat- ment room, plus one (1) space for each doctor and employee of the building. Office and professional buildings: At least one (1) parking space for each three hundred (300) square feet of floor area. Cartage, express, parcel delivery and freight ter- minal establishments: At least one (1) parking space for each two (2) employees as related to the working period when the maximum number of per- sons is employed on the premises, and one (1) parking space for each vehicle maintained on the premises. Establishments handling the sale and consumption on the premises of food, beverages, and refresh- ments: At least one (1) parking space for each three (3) persons based upon the maximum num- ber of persons that can be accommodated at the same time in accordance with the desig-ned capac- ity, provided that drive-in restaurants shall have a minimum of at least ten (10) parking spaces. Furniture stores, appliance stores, new and used motor vehicle showrooms and sales facilities, used car lots, and mobile home and trailer sales rental lots: At least one (1) parking space for each four hundred (400) square feet of enclosed floor area and at least one (1) parking space for each three thousand (3,000) square feet of open lot area de- voted to the sale and display of motor vehicles. Manufacturing, production, processing, assembly, disassembly, cleaning, servicing, testing, or repair- 4. 5. 6. 7. 8. 9. 10. Supp. No. 23, Rev. 1586.47 ~ 36-1000 SALINA CODE ~ 36-1000 ing of goods, materials or products: At least one (1) parking space for each three (3) employees as related to the working period when the maximum number of persons is employed on the premises. 11. Automobile wrecking yards: At least one (1) park- ing space for each two (2) employees, plus one (]) parking space for each ten thousand (10,000) square feet of storage area. 12. Car washing facilities: At least four (4) parking, holding and drying spaces for each stall in a self- service establishment, and at least six (6) parking, holding and drying spaces for each twenty (20) linear feet in attendant operated establishments. 13. Bowling alleys: At least five (5) parking spaces for each bowling lane, plus such additional space as may be required herein for affiliated uses such as restaurants and other similar uses. 14. Theatres: At least one (1) parking space for each four (4) seats. 15. Undertaking establishments and funeral parlors: At least one (1) parking space for each four (4) seats, based upon the designed maximum capacity of the parlor, plus at least one (1) parking space for each employee and one (1) parking space for each vehicle maintained on the premises. 16. Warehouse, storage, and wholesale establishments: At least one (1) parking space for each two (2) employees as related to the working period when the maximum number of persons is employed on the premises. 17. Mini-warehouses: At least one (1) space for each ten (10) storage cubicles or five (5) spaces, which- ever is greater, equally distributed throughout the storage area, plus two (2) spaces for any man- ager's quarters, plus one (1) space for every twenty-five (25) storage cubicles or two (2) spaces, whichever is greater, to be located at the project office for the use of prospective clients. Supp. No. 23, Rev. 1586.48 e e e ~ 36-1000 ZONING ~ 36-1000 (c) Other uses. 1. Secondary schools, public or private: At least one (1) parking space for each faculty member and other full-time employees and one (1) parking space for each eight (8) students, based upon the maximum number of students attending classes on the premises at anyone time in any twenty-four- hour period. 2. Primary and intermediate schools, nursery schools, and group day care centers, public or private: At least one (1) parking space for each faculty mem- ber and other full-time employee. S. Trade and commercial schools: At least one (1) parking space for each three (3) students and one (1) parking space for each faculty member and other full-time employee. 4. Hospitals: At least one (1) parking space for each hospital bed, plus one (1) parking space for each two (2) employees (other than doctors), plus one (1) parking space for each doctor assigned to the staff. 5. Nursing and convalescent homes: Six (6) parking spaces for the first three thousand (3,000) square feet of floor area and one (1) parking space for each additional one thousand (1,000) square feet, with a minimum of six (6) parking spaces per establishment. 6. Churches and temples: At least one (1) parking space for each four (4) seats. 7. Private clubs and lodges: At least one (1) parking space for each three (3) persons, based on the maximum number of persons that can be accommo- dated at the same time in accordance with designed capacity. 8. Swimming pools and clubs: At least one (1) park- ing space for each thirty-five (35) square feet of water area. 9. Auditoriums, gymnasiums and other places of as- sembly with fixed seats: At least one (1) parking Supp. No. 23 1586.49 ~ 36-1000 SALINA CODE ~ 36-1001 space for each three (3) persons, based upon the designed maximum capacity. 10. Auditoriums, gymnasiums and other places of as- sembly without fixed seats: At least one (1) park- ing space for each three (3) persons, based upon the designed maximum capacity. 11. Parking spaces for other permitted or special uses not listed above shall be provided in accordance with the determination of the zoning administrator with respect to the number of spaces that are re- quired to serve employees and/or the visiting pub- lic at each such use. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 8,3-27-78) Sec. 36-1001. Off-street loading. Sec. 36-1001 (1). Applicability. In any zoning district, all structures built and all uses established hereafter, shall pro- vide accessory off-street loading spaces. When an existing structure is expanded, accessory off-street loading spaces shall be provided in accordance with the following regulations for the area of such expansion. Sec. 36-1001 (2). Standards for required off-street loading. (a) Location. All required loading spaces or berths shall be located on the same lot as the use served. All motor vehicle loading berths which abut or are adjacent to a residential district shall be completely screened there- from by building walls, or a uniformly painted solid fence, wall, or door, or any combination thereof, not less than six (6) feet or more than eight (8) feet in height. No permitted or required loading space or berth shall be located within forty (40) feet of the nearest point of intersection of any two (2) streets or high- ways. (b) Area. Unless otherwise specified, a required off-street loading space or berth shall be ten (10) feet in width by at least twenty-five (25) feet in length, exclusive of aisle and maneuvering space, and shall have a verti- cal clearance of at least fourteen (14) feet. Supp. No. 23 1586.50 e e e ~ 36-1001 ZONING ~ 36-1001 (c) Access. Each required off-street loading space or berth shall be designated with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement. (d) Surfacing. All open off-street loading shall be improved with a compacted select gravel base, not less than seven (7) inches thick, surfaced with an all-weather material. (e) Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any off-street loading facilities. (f) Utilization. Space allocated for any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facil- ities or portions thereof. (g) Minimum facilities. Uses for which off-street loading facilities are required by this section but which are located in buildings that have a floor area that is less than the minimum above which off-street loading facil- ities are required, shall be provided with adequate re- ceiving facilities, accessible by motor vehicle, from any adjacent alley, service drive, or open space on the same lot. Sec. 36-1001 (3). Off-street loading berth requirements. (a) No off-street loading facilities are required in any resi- dential district, except that elementary and intermediate schools shall provide at least one (1) loading space for passenger automobiles for each fifty (50) students based upon the designed maximum capacity of the school. (b) On the same lot with every building, or part thereof, erected hereafter in any commercial or industrial dis- trict, there shall be provided on the lot adequate space for motor vehicles to load and unload in order to avoid interference with the public streets or alleys. Such space shall include the following minimum off-street loading spaces: Supp. No. 23 1586.51 ~ 36-1001 SALINA CODE ~ 36-1001 1. For banks, medical and dental clinics, and business and professional offices: One (1) loading berth shall be provided for each building that contains one thousand (1,000) to one hundred thousand (100,000) square feet of gross floor area, and for each additional one hundred thousand (100,000) square feet of gross floor area or fraction thereof up to five hundred thousand (500,000) square feet, one (1) additional loading berth shall be provided, plus one (1) additional loading berth for each addi- tional five hundred thousand (500,000) square feet of gross floor area, or any fraction thereof, in excess of five hundred thousand (500,000) square feet. 2. For amusement establishments, bowling alleys, pool halls, dance halls, gymnasiums, indoor and outdoor theatres, swimming pools, skating rinks and other similar amusement establishments: One (1) loading berth shall be provided for each building that con- tains one thousand (1,000) to one hundred thou- sand (100,000) square feet of gross floor 'area, and for each additional one hundred thousand (100,000) square feet of gross floor area, or any fraction thereof, one (1) additional loading berth shall be provided. 3. For hotels and motels, meeting halls, service and fraternal clubs and lodges, funeral parlors and mortuaries: One (1) loading berth shall be pro- vided for buildings containing one thousand (1,000) to one hundred fifty thousand (150,000) square feet of gross floor area, plus one (1) additional loading berth for each additional one hundred fifty thousand (150,000) square feet of gross floor area, or fraction thereof. Each such loading berth for buildings in excess of twenty thousand (20,000) square feet of gross floor area shall not be less than ten (10) feet in width by sixty (60) feet in length. Supp. No. 23 1586.52 e e e I 36-1001 ZONING ~ 36-1099 4. For all other uses in the C-l through C-6 Districts, except mini-warehouses which require none load- ing facilities shall be provided in accordance with the following table: Gross Floor Area of Structure in Square Feet 1,000 to 9,999 10,000 to 24,999 25,000 to 39,999 40,000 to 100,000 Required Number and Size of Loading Berths 1 (10 feet by 25 feet) 2 (10 feet by 25 feet each) 2 (10 feet by 60 feet each) 3 (10 feet by 60 feet each) For each additional two hundred thousand (200,- 000) square feet of gross floor area, or any fraction thereof, over one hundred thousand (100,000) square feet of gross floor area, one (1) additional loading berth shall be provided. Each such addi- tionalloading berth shall be at least ten (10) feet in width by sixty (60) feet in length. 5. For all uses in the I-I, 1-2, and 1-3 Industrial Dis- tricts, except mini-warehouses which require none, loading facilities shall be provided in accordance with the following table: Gross Floor Required Number Area of Structure and Size of in Squa.re Feet Loading Berths 1,000 to 9,999 1 (10 feet by 25 feet) 10,000 to 39,999 1 (10 feet by 60 feet) 40,000 to 100,000 2 (10 feet by 60 feet each) For each additional one hundred thousand (100,- 000) square feet of gross floor area, or any frac- tion thereof, one (1) additional loading berth shall be provided. Each such additional berth shall be at least ten (10) feet in width and sixty (60) feet in length. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8599, ~ 1, 9-12-77; Ord. No. 8630, ~ 9, 3-27-78) Sees. 36-1002-36-1099. Reserved. Supp. No. 23 1586.53 ~ 36-1100 SALINA CODE ~ 36-1101 ARTICLE XI. NONCONFORMING USES, BULK AND SIGNS Sec. 36-1100. Applicability. This article applies only to lots, buildings, structures, signs and nonbuilding uses in existence on the effective date of these regulations. The lawful use of any premises existing on the effective date of these regulations may be continued as hereinafter provided although neither such use nor bulk con- forms to these regulations. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-1101. Nonconforming lots of record. Sec. 36-1101 (1). In residential districts. (a) In any residential district, notwithstanding the regu- lations imposed by any other provision of this chapter, a single-family, detached dwelling which complies with the restrictions in section 36-1101 (1) (b) may be erected on a lot that is not less than twenty-five (25) feet in width and that consists entirely of a tract of land that: 1. Has less than the prescribed minimum lot area, width or depth, or all three (3); and that 2. Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning ordinance; and 3. Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning ordinance or ordinances. (b) Construction permitted by section 36-1101 (l)(a) shall comply with all of the regulations (except lot area, width and depth) applicable to single-family dwellings in the zoning district in which the lot in question is located; provided, however, that the following side yard requirements shall apply in place of the side yard re- quirements otherwise applicable: Supp. No. 23 1586.54 e ~ 36-1101 ZONING ~ 36-1101 1. The dwelling shall be placed On the lot so as to provide. a yard on each side of the dwelling. The sum of the widths of the two (2) side yards on each lot shall be not less than the smaller of: a. Twenty-five (25) per cent of the width of the lot, or b. The minimum total for bo~h side yards pre- scribed by the bulk regulations for said zoning district. No side yard shall be less than ten (10) per cent of the width of the lot, and in no case less than three (3) feet. Sec. 36-1101 (2). In districts other tha.n residential districts. 2. 3. (a) In any district other than a residential district, not- withstanding the regulations imposed by any other pro- e e Supp. No. 23 1586.54.1 e e e ~ 36-1101 ZONING ~ 36-1102 vision of this chapter, a building designed for any permitted use may be erected on a lot of the type described in section 36-1101(1) (a). (b) Construction permitted by section 36-1101(2) (a) shall comply with all of the regulations (except lot area, width and depth) applicable in the zoning district in which the lot in question is located; provided, however, that the width of any side yard need not be greater than that derived by applying the following formula (wherein the width of any side yard required = x): Minimum side yard required by x district regulations Actual lot width Minimum lot width required by district regulations (Ord. No. 8526, S 1, 12-13-76) Sec. 36-1102. Nonconforming structures. Sec. 36-1102(1). Authority to continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or -the applicable bulk regulations, may be continued, so long as it remains otherwise lawful, subject to the restrictions in sec- tion 36-1102(2) through 36-1102(4). Sec. 36-1102(2). Enlargement, repair, alterations. Normal maintenance and repairs, structural alterations, enlargement, or remodeling of a building or structure with nonconforming bulk is permitted if the same does not increase the degree of existing nonconformity or create any new nonconforming bulk in such building or structure, except that as to structures located on a lot that does not comply with the applicable lot size requirement, the side yard requirements shall be deter- mined by section 36-1101(1) (b) or 36-1101(2) (b), whichever is applicable. Sec. 36-1102(3). Damage or destruction. No buildings or structures occupied by a nonconforming use or nonconforming as to bulk, destroyed or damaged by fire or other causes to Supp. No. 22 1586.55 ~ 36-1102 SALINA CODE ~ 36-1103 the extent of fifty (50) per cent or more of last full value as shown by the assessor's records, excluding the assessed valua- tion of the land, shall be repaired or rebuilt except in conform- ity with these regulations, provided that structures located on a lot that does not comply with the applicable lot size require- ments shall not in any event be required to provide -a side yard that exceeds the yard requirements in section 36-1101(1) (b) or 36-1101 (2) (b), Whichever is applicable. Any building, struc- ture or any part thereof occupied by a nonconforming use or nonconforming as to bulk which is damaged to an extent less than fifty (50) per cent of last full value as shown by the as- sessor's records, excluding the assessed valuation of the land, may be repaired or restored provided that a zoning certificate is obtained and substantial reconstruction is undertaken within one (1) year after such damage and is diligently pursued to completion. Otherwise such building, structure or part thereof shall thereafter be occupied only bya conforming use, and shall conform to the bulk requirements of these regulations. Sec. 36-1102(4). Moving. No structure described in section 36-1102(1) shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-1103. Nonconforming uses. Sec. 36-1103(1). Authority to continue. Any lawfully exist- ing nonconforming use or part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise law- ful, subject to the regulations contained in section 36-1103(2) through 36-1103(9) and section 36-1105(3). Sec. 36-1103(2). Repair, maintenance and remodeling. (a) Normal maintenance and incidental repair, or replace- ment, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, Supp. No. 22 1586.56 e e . ~ 36-1103 ZONING ~ 36-1103 may be performed on any structure that is devoted in whole or in part to "a nonconforming use; provided, however, that it does not extend the nonconforming use or violate any other provisions of this article. (b) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of a struc- ture in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition (where such restoration will not be in violation of any other provision of this article) . (c) No structure that is devoted in whole or in part to a nonconforming use shall be remodeled unless the entire structure and use thereof shall thereafter conform to all regulations of the zoning district in which it is located. Sec. 36-1103(3). Extension or enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be extended, expanded, enlarged or added to in any man- ner unless such structure and the use thereof conform to the regulations of the district in which it is located. Such pro- hibited activities shall include without being limited to: (a) Extension of such use to any structure or land area other than one occupied by such nonconforming use on the effective date of these regulations (or on the effec- tive date of a subsequent amendment hereto that causes such use to become nonconforming). (b) Extension of such use within a building or other struc- ture to any portion of the floor area that was not occupied by such nonconforming use on the effective date of these regulations (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming) ; provided, however, that such use may be extended throughout any part of such build- ing or other structure that was lawfully and manifestly designed or arranged for such use on such effective date. Supp. No. 22 1586.57 ~ 36-1103 SALINA CODE ~ 36-1103 Sec. 36-1103(4). Damage or destruction. No building or structure occupied by a nonconforming use or nonconforming as to bulk, destroyed or damaged by fire or other causes to the extent of fifty (50) per cent or more of last full value as shown by the assessor's records, excluding the assessed valu- ation of the land, shall be repaired or rebuilt except in con- formity with these regulations; provided that structures lo- cated on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in section 36- 1101(1) (b) or 36-1101(2) (b), whichever is applicable. Any building, structure or any part thereof occupied by a noncon- forming use or nonconforming as to bulk, which is damaged to an extent less than fifty (50) per cent of last full value as shown by the assessor's records, excluding the assessed valu- ation of the land, may be repaired or restored provided that a zoning certificate is obtained and substantial reconstruction is undertaken within one year after such damage and is dili- gently pursued to completion. Otherwise such building, struc- ture or part thereof shall thereafter be occupied only by a conforming use, and shall conform to the bulk requirements of these regulations. Sec. 36-1103(5). Moving. No structure that is devoted in whole or in part to a nonconforming use, shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire struc- ture and the use thereof shall thereafter conform to all regu- lations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part for any distance whatever, to any other loca- tion on the same or any other lot, unless such use shall there- after conform to all regulations of the zoning district in which it is located after being so moved. Sec. 36-1103(6). Change in use. A nonconforming use shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a noncon- forming use has been changed to any permitted use, it shall not thereafter be changed back to a nonconforming use. Supp. No. 22 1586.58 e e e ~ 36-1103 ZONING ~ 36-1103 Sec. 36-1103(7). Abandonment or discontinuance. (a) When a nonconforming use of land, not involving a structure, or involving only a structure which is acces- sory to the nonconforming use of land, is discontinued or abandoned, for a period of twelve (12) consecutive months (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed, and any sub- sequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located. (b) When a nonconforming use of a part or all of a struc- ture which was designed and intended for a use which is permitted in the zoning district in which such struc- ture is located, regardless of how it was originally used or is presently being used, is discontinued or abandoned for a period of twelve (12) consecutive months (regard- less of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such structure shall comply with the regu- lations of the zoning district in which such structure is located. (c) When a nonconforming use of a part or all of a struc- ture which was not designed and intended for any use which is permitted in the zoning district in which such structure is located, regardless of how it was originally used or is presently being used, is discontinued or aban- doned for a period of twenty-four (24) consecutive months (regardless of any reservation of an intent not to abandon or to resume such use), such use shall not thereafter be reestablished or resumed, and any subse- quent use or occupancy of such structure shall comply with the regulations of the zoning district in which such struture is located. Sec. 36-1103(8). Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall con- tinue after such principal use shall cease or terminate. Supp. No. 22 1586.59 ~ 36-1103 SALINA CODE ~ 36-1105 Sec. 36-1103 (9) . Nonconforming residential uses. N otwith- standing the provisions of section 36-1103(2) and 36-1103(3), any structure which is devoted to a residential use and which is located in a commercial or industrial district, may be re- modeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work. Sec. 36-1103(10). Status of newly created nonconforming uses. Notwithstanding the provisions of section 36-1103(3) and 36-1103(4), any structure which is devoted in whole or in part to a use which is made nonconforming by the enact- ment of these regulations, may be remodeled, extended, ex- panded, enlarged, repaired, or rebuilt; provided, however that the provisions of this section apply only to the use which existed at the time of adoption of these regulations. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-1104. Status of conditional uses. Sec. 36-1104(1). Status of existing conditional uses. Where a use exists at the effective date of these regulations and is permitted these regulations only as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use in such zoning district. Sec. 36-1104(2). Status of future' conditional uses. Any use for which a conditional use permit has been issued as provided in Article XII of this chapter shall not be deemed to be a nonconforming use, but shall, without further action, be deemed a lawful conforming use. (Ord. No. 8526, ~ 1,12-13-76) Sees. 36-1105. Nonconforming signs. All existing signs which are not specifically permitted or which do not comply with all of the provisions of these regu. Supp. No. 22 1586.60 e e e ~ 36-1105 ZONING ~ 36-1105 lations for the zoning district in which it is located, as of the date of adoption of these regulations, shall be considered non- conforming signs. Sec. 36-1105(1). Repairs and damage. Nonconforming signs may not, after the effective date of these regulations be enlarged, structurally altered or extended unless such sign shall be made to comply with all of the provisions of these regulations, except that normal repairs and repainting of nonconforming signs are permitted. When a permanent nonconforming sign is destroyed or dam- aged by any means to the extent of fifty (50) per cent or more of its present day replacement value, it shall not thereafter be restored unless such sign shall be made to conform to all of the provisions of these regulations. Sec. 36-1105(2). Removal of nonconforming signs. Any sign that does not conform to the sign regulations for the zoning district in which it is located shall be removed in accordance with the following schedule: (a) A sign having a total area of twenty-four (24) square feet or less which is located in any residen- tial district shall be removed within two (2) years from the date such sign became nonconforming with respect to these regulations. (b) All other signs located in any residential district shall be removed within four (4) years from the date such sign became nonconforming with respect to these regulations. Sec. 36-1105(3). Nonconforming open storage yards, outdoor display or junk yards. Any nonconforming open storage yard, outdoor display or junk yard or any other non- conforming uses of land, not involving a structure or involving only structures which are accessory to such use of land shall be discontinued or made to conform to the regulations of the zoning district in which located within two (2) years from the date such use became nonconforming with respect to these regulations. How- ever no such use shall be required to terminate if within said period it shall be located within a completely Supp. No. 22 1586.61 ~ 36-1105 SALINA CODE ~ 36-1200 enclosed building or surrounded by a solid fence screen- ing the stored goods or materials from general view. (Ord. No. 8526, S 1, 12-13-76) Sees. 36-1106-36-1199. Reserved. ARTICLE XII. ADMINISTRATIVE PROVISIONS Sec. 36-1200. Enforcement. Sec. 36-1200(1). Enforcement officer. These regulations shall be enforced by a zoning administrator who shall be appointed by the city manager and who shall be authorized to expend such funds, employ deputies and clerical assistants, and to carry out his duties under these regulations as shall be approved from time to time by the city as follows: (a) Approve and issue all zoning and occupancy certificates and make and maintain records thereof. (b) Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of these regulations. (c) Receive, file, and forward to the board of zoning appeals the records of all appeals and all applications for con- ditional uses and variances. (d) Maintain permanent and current records of the zoning regulations, including but not limited to, all zoning maps, amendments, special uses, variances, appeals and applications thereof and records of hearings thereon. (e) Prepare and have available in book, pamphlet or map form, on or before March 31st of each year: 1. The compiled text of the zoning regulations and amendments thereto, including all amendments adopted through the preceding December 31st, and 2. A zoning map or maps, showing the zoning dis- tricts, divisions and classifications in effect on the preceding December 31st. Supp. No. 22 1586.62 e e e ~ 36-1200 ZONING ~ 36-1200 (f) 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. (g) Provide such clerical, technical and consultative assist- ance as may be required by the board of zoning appeals and other boards, commissions and officials in the exer- cise of their duties relating to these regulations. Sec. 36-1200(2). Zoning certificates and certificates of occu- pancy granted only in conformance with regulations. (a) Zoning certificates. Unless a zoning certificate shall first have been obtained from the office of the zoning administrator: 1. The construction, building, moving, remodeling or reconstruction of any structure shall not be com- menced; 2. 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; 3. Any zoning certificate issued in conflict with these regulations shall be null and void. (b) Occupancy certificates. No structure or addition there- to constructed, built, moved, remodeled, or reconstructed after the effective date of these regulations shall be occupied or used for any purpose; and no land vacant on the effective date of these regulations 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 proposed use or occupancy complies with all the provisions of these regulations. Sec. 36-1200(3). Zoning certificate. (a) Application for zoning certificate. Every application for a zoning certificate shall be accompanied by a plot plan, in duplicate, drawn to scale and in such form as Supp. No. 22 1586.63 ~ 36-1200 SALINA CODE ~ 36-1200 may, from time to time, be prescribed by the zon- ing administrator, showing the location, ground area, height, and bulk of all present and proposed structures, 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 enforcement of these regulations. One copy of the plot plan shall be retained by the zoning administrator as a public record. (b) Issuance of zoning certificate. A zoning certificate 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 administrator refuses to issue a zoning certificate, he shall advise the applicant in writing of the reasons for the refusal. (c) 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-month period con- struction, building, moving, remodeling or reconstruc- tion of a structure is commenced or a use is commenced. Sec. 36-1200 ( 4). Occupancy certificate. (a) Application for occupancy certificate. Every application for a zoning certificate shall be deemed to be an appli- cation 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 required 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. (b) Issuance of occupancy certificate. No occupancy certifi- cate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effec- tive date of these regulations shall be issued until such work has been completed and the premises inspected Supp. No. 22 1586.64 e ~ 36-1200 ZONING ~ 36-1201 e 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 certificate was issued. No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the office of the zoning administrator to be in full and complete compli- ance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy certificate, a temporary occu- pancy certificate 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 occu- pancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the appli- cant stating 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 writing that the structures or premises are ready for occupancy. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-1201. Board of zoning appeals. Sec. 36-1201 (1). Authorization. A board of zoning appeals shall be established by the governing body of the city as pre- scribed by Kansas Statutes Annotated, Sections 12-714 and 12-715, and shall have all of the powers and duties as pre- scribed therein. Sec. 36-1201 (2). Additional powers and duties. The board of zoning appeals shall have the following additional powers and duties: (a) To hear and decide applications for conditional use per- mits in the ~anner and subject to the procedure and standards set out below: 1. Authorization. The board of zoning appeals may authorize, as an exception to the provisions of these regulations, the establishment of those con- e Supp. No. 22 1586.65 ~ 36-1201 Supp. No. 22 SALINA CODE ~ 36-1201 2. ditional uses that are expressly authorized to be permitted as a conditional use in a particular zon- ing district or in one or more zoning districts. No conditional use shall be authorized as an exception to these regulations unless the board of zoning appeals is specifically authorized, by this chapter to grant such conditional use and unless such grant complies with all of the applicable provisions of these regulations. Application for conditional use permit. An appli- cation for a conditional use permit, together with an application for a zoning certificate, shall be filed in duplicate with the office of the zoning administrator who shall forward without delay a copy of each to the secretary of the board of zoning appeals. The application shall contain the following information as well as such additional information as may be prescribed by rule of the board of zoning appeals. a. A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations or section 36-1201(2)(a)5 of this chapter, if applicable. b. A statement as to why the proposed condi- tional use will not cause substantial injury to the value of other property in the neighbor- hood. c. A statement as to how the proposed conditional use is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with {be applicable district regulations. d. Present data in support of the standards speci- fied in section 36-1201(2)(a)4. Hearing on conditional use permit. A hearing on the application shall be held and notice thereof given as provided by the rules and regulations of the board of zoning appeals. 3. 1586.66 e ~ 36-1201 ZONING ~ 36-1201 4. Standards for conditional use permits. The board of zoning appeals 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, includ- ing lot size requirements, bulk regulations, use limitations, and performance standards. b. The proposed conditional use at the specified location will contribute to and promote the wel- fare or convenience of the public. c. The proposed conditional use will not cause substantial injury to the value of other prop- erty 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 operation in- e volved or conducted in connection 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 neighbor- hood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In deter- mining whether the conditional use will so dominate the immediate neighborhood, con- sideration shall be given to: (i) The location, nature and height of build- ings, structures, walls and fences on the site, and (ii) The nature and extent of landscaping and screening on the site. e. Off-street parking and loading areas will be provided in accordance with the standards set forth in Article X of this chapter, and such areas will be screened from adjoining resi- dential uses and located so as to protect such residential uses from any injurious effect. e Supp. No. 22 1586.67 ~ 36-1201 SALINA CODE ~ 36-1201 f. Adequate utility, drainage, and other such necessary facilities have been or will be pro- vided. g. Adequate access roads or entrance and exit drives will be provided and shall be so de- signed to prevent traffic hazards and to mini- mize traffic congestion in public streets and alleys. 5. Conditions and restrictions. In granting a condi. tional use, the board of zoning appeals may impose such conditions, safeguards and restrictions upon the premises benefited by the conditional use as may be necessary to comply with the standards set out in section 36-1201(2) (a)4, to reduce or minimize any potentially injurious effect of such conditional uses upon other property in the neigh. borhood, and to carry out the general purpose and intent of these regulations. 6. Period of validity. No conditional use permit grant- ed by the board of zoning appeals shall be valid for a period longer than one hundred eighty (180) days from the date in which the board of zoning appeals grants the conditional use, unless within such one hundred eighty-day period: (1) A building permit is obtained and the erection or alteration of a structure is started, or (2) an occupancy per- mit is obtained and a use commenced. The board of zoning appeals may grant one extension not exceeding one hundred eighty (180) days, upon written application, without notice or hearing. (b) To hear and: decide all matters referred to it under the provisions of these regulations. Sec. 36-1201(3). Appeals. The board of zoning appeals shall administer the details of appeals from or other matters re- ferred to it regarding the application of the zoning regulations as provided by K.S.A. 12-715 and any rules and regulations established by the board of zoning appeals. (Ord. No. 8526, ~ 1, 12-13-76) Supp. No. 22 1586.68 e e e ~ 36-1202 ZONING ~ 36-1204 Sec. 36-1202. Fees. Every application for a zoning certificate, occupancy certifi- cate, variance, conditional use permit, 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 governing body of the city. (Ord. No. 8526, ~ 1, 12-13-76)' Sec. 36.1203. Violations and penalties. Sec. 36-1203(1). Penalties. Any person who violates, dis- obeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of these regulations shall be guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) for each offense. Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense. Sec. 36-1203(2). Abatement and inj-unctive relief. In the event that any building or structure is constructed, recon- structed, relocated or maintained or any building, structure, lot, or land is used in violation of any of the provisions of these regulations, an appropriate action or proceeding in law or in equity may be instituted to prevent such unlawful devel- opment, construction, reconstruction, alteration, relocation, maintenance or use, or to restrain, abate, enjoin or correct such violation, or to prevent the occupancy of such building or structure or unlawful use of such land and to prevent illegal acts, conduct, business or use in or about the premises. These remedies shall be in addition to the penalties prescribed in section 36-1203(1). (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-1204. Interpretation, conflict and separability. Sec. 36-1204(1). Interpretation. In their interpretation and application, the provisions of these regulations shall be con- sidered to be the minimum requirements for the protection and promotion of the public health, safety and welfare. Supp. No. 22 1586.69 ~ 36-1204 SALINA CODE ~ 36-1205 Sec. 36-1204(2). Gemflict with public and private provisions. (a) Public provisions. The provisions of this chapter are not intended to interfere with, abrogate or annul any other law, ordinance, resolution, rule or regulation; where any provision of this chapter imposes restrictions dif- ferent from those imposed by any other statute, ordi- nance, resolution, rule, regulation or other provision of law, whichever provisions are more restrictive, or impose higher standards, shall control. (b) Private provisions. This chapter is not intended to abrogate, annul or otherwise interfere with any ease- ment, covenant or any other private agreement or restriction, provided, however, that where this chapter is more restrictive or imposes higher standards or re- quirements than such easements, covenants, private agreements or restrictions, the requirements of this chapter shall govern. Sec. 36-1204(3). Separability. If any part or prOVISIOn of this chapter or application thereof to any person or circum- stances is adjudged invalid by any court of competent juris- diction, 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 circum- stances. The city hereby declares that it would have enacted the remainder of this chapter even without any such part, provision or application. (Ord. No. 8526, ~ 1, 12-13-76) Sec. 36-1205. Savings provision. These regulations shall not be construed as abating any action now pending under prior existing zoning regulations, or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any rights of the city under any provision existing at the time of adoption of these regulations, or as vacating or annulling any rights ob- tained by any person, firm or corporation, by lawful action of Supp. No. 22 1586.70 e e e ~ 36-1205 ZONING ~ 36-1300 the city, except as shall be expressly provided for in this chapter. (Ord. No. 8526, ~ 1, 12-13-76) See. 36-1206. Reservations and repeals. Upon the adoption of this chapter, Ordinance Number 6613 of Salina, adopted April 11, 1962, as amended, is hereby re- pealed, except as to such sections expressly retained herein. (Ord. No. 8526, ~ If 12-13-76) Sees. 36-1207-36-1299. Reserved. ARTICLE XIII. DEFINITIONS Sec. 36-1300. Usage. For the purposes of this chapter, certain numbers, abbrevia- tions, 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 chapter, unless such definition is ex- pressly limited in its meaning or scope. Sec. 36-1300(1). Unless the context clearly indicates to the contrary: (a) Words used in the present tense include the future tense; words used in the singular number include the plural; and words used in the plural number include the singular. (b) The word "shall" is always mandatory and the word "may" is always permissive. (c) The word "person" includes individuals, corpora- tions, partnerships, associations, governmental bod- ies, agencies, and all other legal entities. (d) 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." (e) The word "building" includes "structure" and a building or a structure includes any part th.'leof. Supp. No. 22 1586.71 ~ 36-1300 SALINA CODE ~ 36-1301 (f) The word "city" means the City of Salina. (Ord. No. 8526, S 1, 12-13-76) Sec. 36-1301. Definitions. The following definitions shall be used in the construction and interpretations of these regulations: Sec. 36-1301 (1). Accessory. The term applied to a building, structure or use wfiich 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 building, 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 build- ing or structure is deemed to be part of such principal building or structure in applying the bulk requirements to such building or structure. Sec. 36-1301 (2). Advertising sign. See Sign, Advertising. Sec. 36-1301 (3). Agriculture uses. The use of a tract of land not less than five (5) acres for growing crops in the open, dairying, pasturage, horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided, however, such agricultural use shall not include the following uses: (1) The maintenance and operation of commercial green- houses 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; (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. Sec. 36-1301 (4). Airport. 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. Supp. No. 22 1586.72 e e e ~ 36-1301 ZONING ~ 36-1301 Sec. 36-1301 (5). Alley. A public or private right-of-way pri- marily designed to serve as secondary access to the side or rear of these properties whose principal frontage is on some other street. Sec. 36-1301 (6). Alterations. As applied to a building struc- ture, a change or rearrangement of the supporting members, or an enlargement, or the moving of one location or position to another. Sec. 36-1301 (7). Animal hospital. A facility for the medical and surgical treatment of animals and their care during the time of such treatment. Sec. 36-1301 (8). Apartment. 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. Sec. 36-1301 (9). Apparel stores. Stores selling clothing for men, women or children at retail. Sec. 36-1301 (10). Appliance repairs. The repairing and serv- icing of common household appliances such as washing ma- chines, television sets, power tools, electric razors, radios, and refrigerators. Sec. 36-1301 (11). Appliance sales. The sale of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the prem- ises where such repairs are incidental or accessory to the sale of such types of appliances. Sec. 36-1301 (12). Applicant. The owner or duly designated representative of land proposed to be subdivided, or for which conditional use permit, amendment, variance, zoning certifi- cate or certificate of occupancy has been requested. Consent shall be required from the legal owner(s) of the premises. Sec. 36-1301(13). Area. A piece of land capable of being described with such accuracy that its location may be estab- lished and boundaries definitely ascertained. Supp. No. 22 1586.73 S 36-1301 SALINA CODE S 36-1301 Sec. 36-1301 (14). Automobile accessory stores. Stores en- gaged primarily in the business of selling tires, batteries, seat covers and other automobile parts and accessories. Sec. 36-1301 (15). Automobile sales. The sale of new and used automobiles and other motor vehicles in operating condi- tion; the storage of automobiles and other motor vehicles in operating condition; but not including storage of trucks of more than five (5). tons in weight or buses; and, the repair and servicing of such vehicles, but not including body work, painting, or motor rebuilding, unless specifically permitted by the zoning district regulations. Sec. 36-1301 (16). Awning. A roof-like cover that is tempo- rary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Sec. 36-1301(17). Awning sign. See Sign, Awning, Canopy, and Marquee. Sec. 36-1301 (18). Banks and financial institutions. Commer- cial banks, savings and loan associations, brokerage office and other similar financial institutions, but not including pawn- shops. Sec. 36-1301 (19). Beverage distributors. Warehouses for the storage and distribution of beer, soft drinks and other bever- ages, but not including bottling plants and similar industrial uses. Sec. 36-1301 (20). 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. Sec. 36-1301 (21). Building. Any covered structure built for the support, shelter or enclosure of persons, animals, chattel or moveable property of any kind, and which is permanently affixed to the land. Sec. 36-1301 (22). Building, principal. A building in which is conducted the main or principal use of the lot on which said building is situated. Supp. No. 22 1586.74 e e e ~ 36-1301 ZONING ~ 36-1301 Sec. 36-1301 (23). BuUetin board sign. See Sign, Bulletin Board. Sec. 36-1301 (24). Bulk, nonconform.ing. That part of a build- ing, structure or non building use which does not conform to one or more of the applicable bulk regulations herein. Sec. 36-1301 (25). Bulk regulations. Regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regu- lations include regulations controlling (1) maximum height; (2) maximum lot coverage; (3) minimum size of yard and setbacks. Sec. 36-1301 (26). Husiness and professional office. The of- fice of an engineer, dentist, doctor, attorney, real estate broker (agent), insurance broker, architect, or other similar profes- sional person, and any office used primarily for accounting, correspondence, research, editing or administration. Sec. 36-1301 (27). Campgrou.nd. 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. Sec. 36-1301 (28). Camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the camp site to provide temporary living quarters for recrea- tional, camping, or travel use. (See Recreational Vehicle.) Sec. 36-1301 (29). Canopy. Any structure, moveable or sta- tionary, attached to and deriving its support from framework or. posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements; or, a roof-like structure of a permanent nature which projects from the wall of a structure and over- hangs the public way. Sec. 36-1301 (30). Canopy sign. See Sign, Awning, Canopy, and Marquee. Supp. No. 22 1586.75 ~ 36-1301 SALINA CODE ~ 36-1301 Sec. 36-1301 (31). Capacity in persons. The maximum num- ber of persons that can avail themselves of the services (or goods) of an establishment, at anyone time, with reasonable comfort. Sec. 36-1301 (32). Car wash. A building or portion thereof, containing facilities for washing more than two (2) automo- biles, 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 oper- ator or by customer. Sec. 36-1301(33). Commercial district. Any zoning district designated with a "C", for example "C-1", "C-2", etc. Sec. 36-1301 (34). 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 residential development district and designed and intended for the use and enjoyment of the residents of the planned residential development. Com- mon 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. 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 appropriate for the recrea- tion of residents of the planned residential development. Sec. 36-1301 (35). Completely enclosed building. 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 perma- nent roof. Sec. 36-1301(36). Const.ructionsign. See Sign, Construction. Sec. 36-1301 (37). Corner lot. 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) degrees or less. If the street lines are curved, the angle shall be measured at the point of inter- Supp. No. 22 1586.76 e e e ~ 36-1301 ZONING ~ 36-1301 section 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. Sec. 36-1301 (38). Day ca.re home. A home in which care is given to six (6) or fewer children, not related to the operator by close ties of blood, marriage, or legal adoption, outside their own home during any part of the day. Day care homes shall meet all requirements of the Kansas Department of Health and Environment, Bureau of Maternal and Child Health. Sec. 36-1301(39). Density. Restrictions on the number of dwelling units that may be constructed per acre or per square feet of zoning lot area. Sec. 36-1301 (40). Developer. The legal or beneficial owner or owners of all of the land proposed to be included in a planned development, or the duly authorized agent thereof, the holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these regulations. Sec. 36-1301 (41). Dog kennel. Any place where five (5) or more dogs are kept, maintained, boarded, and/or bred for a fee and/or offered for sale. Sec. 36-1301(42). Drive-in establishment. A place of busi- ness 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 premises or elsewhere on the premises but outside any completely enclosed structures; or an establishment which cus- tomarily packages food for carry out. Supp. No. 22 1586.77 ~ 36-1301 SALINA CODE ~ 36-1301 Sec. 36-1301(43). Dry cleaning (self-service). An establish- ment providing facilities with which customers may dry clean their own clothes or other fabrics. Sec. 36-1301(44). Dry cleaning plant. An establishment in which clothing and other fabrics are dry cleaned professionally. Sec. 36-1301 (45). Dwelling. A building or portion thereof, but not a mobile horne, designed or used for residential occu- pancy. Sec. 36-1301 (46). Dwelling, attached. A residential building which is joined to another dwelling at one or more sides by a party wall or walls. Sec. 36-1301 (47). Dwelling, detached. A residential building which is entirely surrounded by open space on the same lot. Sec. 36-1301 (48). Dwelling, multiple-family. A residential building containing three (3) or more dwelling units. Sec. 36-1301(49). Dwelling, single-family. A residential building containing one dwelling unit only. Sec. 36-1301 (50). Dwelling, two-family. A residential build- ing containing two (2) dwelling units only. Sec. 36-1301 (51). Dwelling wnit. One or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof. Sec. 36-1301 (52). Easement. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. Sec. 36-1301 (53). Family. Either (a) an individual or two (2) or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or (b) a group of not more than four (4) persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit; plus in either case, usual domestic servants. A family may include Supp. No. 22 1586.78 e e e S 36-1301 ZONING S 36-1301 any number of gratuitous guests or minor children not related by blood, marriage, or adoption. Sec. 36-1301 (54). Family care facility. A facility which pro- vides resident services in a single-family dwelling to six (6) or fewer individuals who need not be related. These individuals may be handicapped, aged, disabled, or in need of adult super- vision, are undergoing rehabilitation, and are provided service and supervision in accordance with their individual needs. Sec. 36-1301 (55). 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, and used for confinement, screening or partition purposes. Sec. 36-1301 (56). Final plat. The map or plan or record of a subdivision, and any accompanying material, as described in the subdivision regulations. Sec. 36-1301 (57). Flexible zoning. 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. Sec. 36-1301 (58). 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 re- quired to carry and discharge the flood waters. Sec. 36-1301 (59). Flood plain. A watercourse and land adja- cent to a watercourse subject to inundation from a flood having a chance occurrence in anyone year of one per cent. Sec. 36-1301 (60). Floodway. The channel of a stream or other watercourse, and the land areas adjacent to the stream channel, that are required to carry and discharge the flood- waters of the regulatory flood (the 100-year flood) without undue restriction. Sec. 36-1301 (61). Floor area. The sum of the gross horizon- tal areas of the several floors of the building measured from Supp. No. 22 1586.79 ~ 36-1301 SALINA CODE ~ 36-1301 the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings computed as follows: (a) For determining floor area ratio: The sum of the follow- ing areas: (1) The basement floor area when more than one-half (112) of the basement height is above the finished lot grade level where curb level has not been established; (2) elevator shafts and stairwells at each floor; (3) floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof) ; (4) penthouses; (5) attic space having headroom of seven (7) feet, ten (10) inches or more; (6) interior balconies and mezzanines; (7) enclosed porches; and (8) 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 materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each ten (10) feet of height, or fraction thereof, as being equal to one floor. (b) For determining off-street parking and loading require- ments. The sum of the following areas: (1) Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or work- ing space such as counters, racks, or closets; (2) any basement floor area devoted to retailing activities; and (3) floor area devoted to the production or processing of goods or to business or professional offices. For this purpose, floor area shall not include space devoted pri- marily to storage purposes (except as otherwise noted herein), off-street parking or loading facilities, includ- ing aisles, ramps, and maneuvering space, or basement floor area other than area devoted to retailing activi- ties, the production or processing of goods, or business or professional offices. Sec. 36-1301 (62). Food stores. Stores which sell foods, fresh or frozen, and other items commonly sold in connection there- with and including, but not limited to, stores commonly re- Supp. No. 22 1586.80 e e e ~ 36-1301 ZONING ~ 36-1301 ferred to as dairy stores, delicatessens, fruit and vegetable markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises. Sec. 36-1301 (63). Fraternal and/or service clubs. An asso- ciation formally organized for a common purpose, or interest, and operated 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 mem- bers and their guests. The affairs and management of such association 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 such premises, provided adequate dining space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other com- mon objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all federal, state, county and local laws. Sec. 36-1301 (64). Front lot line. See Lot Line, Front. Sec. 36-1301 (65). Front yard. See Yard, Front. Sec. 36-1301 (66). Frontage. The length of a front lot line or lines. Sec. 36-1301(67). Gamge. A building for the storage of motor vehicles. Sec. 36-1301 (67a). Garage sale. 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 seller(s) for their ultimate use or consumption. This definition includes, but is not limited to porch, yard, sidewalk, basement, rummage, tag, or other simi- lar sale. Sec. 36-1301 (68). Garden stores. Stores which sell growing plants, seeds, bulbs, shrubs and gardening and landscaping tools, implements and supplies, including lawn furniture. Supp. No. 24 1586.81 ~ 36-1301 SALINA CODE ~ 36-1301 Sec. 36-1301 (69). Gasoline service station. 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 repair- ing of motor vehicles. Sec. 36-1301 (70). around sign. See Sign, Ground. Sec. 36-1301 (71). Group care facility. A facility which pro- vides resident services to seven (7) or more individuals 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. Sec. 36-1301 (72). Group day care centers. A day nursery providing care for seven (7) or more children for part or all of a day, away from the home of the parent or legal guardian; and including full day care, nursery schools, play groups, centers giving emphasis to special programming for children, kindergartens not accredited by the state department of public instruction, 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 Environment, Bureau of Maternal and Child Health. Sec. 36-1301 (73). Height, maximum. A horizontal plane above and parallel to the average finished grade of the entire zoning lot at the height shown in the district regulations. No part of any structure shall project through such plane except: (a) Chimneys, flues, stacks, fire escapes, gas holders, ele- vator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located. (b) Flag poles, television aerials, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, broadcasting and microwave transmitting and relay towers, and electric transmission line towers. Supp. No. 24 1586.82 e ~ 36-1301 ZONING ~ 36-1301 Sec. 36-1301 (74). Home occupation. A profession or other occupation not otherwise permitted in the district, which is conducted as an accessory use on a residential lot by one or more members of the family residing on the premises. Sec. 36-1301 (75). Hotel. A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such estab- e e Supp. No. 24 1586.82.1 e e e ~ 36-1301 ZONING ~ 36-1301 lishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court, or otherwise. Sec. 36-1301 (76). Identification sign. See Sign, Identifica- tion. Sec. 36-1301 (77). Industrial District. Any zoning district designated with an "I", for example "I-I", "I-2", etc. Sec. 36-1301 (78). Junk yard. An area of land with or with- out buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or dis- carded 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 disposition of the same. Sec. 36-1301(79). Landscaping. The improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, orna- mental objects such as fountains, statuary, and other similar natural and artificial obj ects designed and arranged to produce an aesthetically pleasing effect. Sec. 36-1301 (80). Laundry. An establishment in which cloth- ing and other fabrics are laundered professionally. Sec. 36-1301 (81). Laundry (s'elf-service). An establishment providing facilities with which customers may launder their own clothes or other fabrics. Sec. 36-1301 (82). Lodging house. A business establishment which provides sleeping and living quarters (but not individual cooking facilities) in an immovable structure on a weekly or monthly basis. Sec. 36-1301 (83). Lot area. The area of a horizontal plane bounded by the front, side and rear lot lines. Sec. 36-1301 (84). Lot, corner. See Corner Lot. Sec. 36-1301 (85). Lot coverage. That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves. Supp. No. 22 1586.83 ~ 36-1301 SALINA CODE ~ 36-1301 Sec. 36-1301 (86). Lot depth. The distance between the mid- point of the front lot line and the midpoint of the rear lot line. Sec. 36-1301 (87). Lot line. Lot boundary line. (See Lot Line, Front; Lot Line, Rear; Lot Line, Side.) Sec.36-1301 (88). Lot line, front. A street right-of-way line forming the boundary of a lot. Sec. 36-1301 (89). Lot line, rear. The lot line that is most distant 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 Hne 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. Sec. 36-1301 (90). Lot line, side. A lot line which is neither a front lot line or a rear lot line. Sec. 36-1301 (91). Lot of record. A lot which is part of a subdivision, the plat of which has been recorded in the office of the register of deeds of Saline County, or a parcel of land the deed to which was recorded prior to adoption of these regulations. The owner of such a lot or parcel shall be deemed to be any equitable owner. Sec. 36-1301 (92). Lot size requirements. Restrictions on the dimensions of lots including (1) minimum lot area, width and depth; and (2) maximum density. Minimum lot area, width and depth establish the size of the zoning lot on which a struc- ture or use, or two (2) or more structures or uses, may be constructed or established. Sec. 36-1301 (93). Lot width. The distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the established front building line. Lot width shall never be less than thirty-five (35) feet at the front lot line. Sec. 36-1301 (94). Lot, zoning. A parcel of land that is desig- nated by its owner or developer, at the time of applying for Supp. No. 22 1586.84 e e e ~ 36-1301 ZONING ~ 36-1301 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: (1) A single lot of record; (2) a portion of a lot of record; or (3) a combination of complete lots of record, complete lots and portions of lots of record, Or portions of lots of record. Sec. 36-1301 (95). Marquee s1'gn. See Sign, Awning, Canopy, and Marquee. Sec. 35-1301 (95a). Mini-warehouse. A building or group of buildings in a controlled-access and/or fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of excess personal property of an individual or family when such is not located on the lot with their resi.dence, such as passenger motor vehicle, recreational vehicle, motorcycle, boat, and other items of personal property generally stored in residential accessory structures. Sec. 36-1301 (96). Mobile home. Any moveable structure de- signed for occupancy as a residence, office, business, etc., which was not or cannot be determined to have been built in accordance with the building codes of the city. This definition excludes any moveable structure which was designed for rec- reational purposes or not designed for permanent attachment to utilities. Sec. 36-1301 (97). Mobile home court. See Mobile Home Park. Sec. 36-1301(98). Mobile home park. 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 include sales lots On which unoccupied mobile homes, whether new or used, are located for the purposes of storage, inspection, or sale. Sec. 36-1301 (99). Mobile home space. 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. Supp. No. 23 1586.85 ~ 36-1301 SALINA CODE ~ 36-1301 Sec. 26-1301 (100). Mobile sign. See Sign, Mobile. Sec. 36-1301 (101). Motor freight terminal. A building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semitrailers, including tractor and/or trailer units, and other trucks are parked or stored. Sec. 36-1301 (102). Motor home. A vehicular unit designed to provide temporary living quarters for recreational, camp- ing, 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 Rec- reational Vehicle.) Sec. 36-1301(103). Nameplate sign. See Sign, Nameplate. Sec. 36-1301 (104). Nonconforming lot of record. An unim- proved lot which does not comply with the lot size require- ments for any permitted use in the district in which it is located. Sec. 36-1301 (105). Nonconforming structure. 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. Sec. 36-1301 (106). Nonconforming use. 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 dis- trict in which it is located. Sec. 36-1301 (107). Nonconformity. A nonconforming use, nonconforming structure, or a nonconforming lot of record. Sec. 36-1301 (108). Nursing or convalescent home. An institu- tion for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism, or narcotics addiction. Sec. 36-1301 (109). Occupancy permit. A permit issued by the zoning administrator after certification that such land, Supp. No. 23 1586.86 e ~ 36-1301 ZONING ~ 36-1301 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 regula- tions. Sec. 36-1301 (110). Office. See Business and Professional Offices. Sec. 36-1301 (111). Off-premise sign. See Sign, Advertising. e . Supp. No. 23 1586.86.1 e e e ~ 36-1301 ZONING ~ 36-130] Sec. 36-1301 (112). Outdoor storage. The storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature. Sec. 36-1301 (113). Package liquor store. An establishment in which alcoholic beverages are sold for consumption off the premises. Sec. 36-1301 (114). Parking garage. 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. Sec. 36-1301 (115). Parking lot. An open area used for the storage of motor vehicles which contains space rented to the general public by the hour, day, week, month or year. Sec. 36-1301 (116). Parking space. A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, exclusive of driveways, permanently reserved for the tempo- rary storage of one automobile, and connected with a street or alley by a surfaced driveway which affords satisfactory ingress or egress for automobiles. Sec. 36-1301 (117). Pharmacies. Stores which sell prescrip- tion and nonprescription drugs and medicine and medical, surgical, and dental supplies and appliances only. Sec. 36-1301 (118). Planning commission. The Salina City Planning Commission, as established in accordance with Kan- sas Statutes Annotated, Sections 12-701 et seq. and with the powers and authority therein granted. Sec. 36-1301 (119). Pole sign. See Sign, Pole. Sec. 36-1301(120). Preliminary plat. The preliminary draw- ings and inf'Jrmation as described in these regulations and as defined in the subdivision to be submitted to the planning commission for its approval. Sec. 36-1301 (121). Principal structure. A structure in which a principal use of the lot on which the structure is located is conducted. Supp. No. 22 1586.87 ~ 36-1301 SALINA CODE ~ 36-1301 Sec. ,36-1301 (12~). Principal use. The main use of land or structures as distinguished from a subordinate or accessory use. Sec. 36-1301 (123). Private club. 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 dining room space and kitchen facilities are available. Alcoholic bev- erages may be served or sold to members and their guests provided such service or sale of alcoholic beverages is in com- pliance with all federal, state, county and local laws. Sec. 36-1301 (12J,.). Projecting sign. See Sign, Projecting. Sec. 36-1301 (125). Public open space. A parcel of land or an area of water, or a combination of land and water dedicated to public use and available for the use and enjoyment of the general public. Public open space does not include streets, alleys or off-street parking or loading areas. Sec. 36-1301 (126). Public sewer and water system. Any sys- tem, other than an individual septic tank or tile field, or individual well, operated by a municipality or other govern- mental agency or a public utility for the disposal of wastes and the furnishing of water. Sec. 36-1301 (127). Railroad .'right-of-way. A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops. or car yards. Sec. 36-1301 (128). Real estate sign. See Sign, Real Estate. Sec. 36-1301 (129). Rear lot line. See Lot Line, Rear. Sec. 36-1301 (130). Rear yard. See Yard, Rear. Sec. 36-1301 (131). Regulatory flood. A flood having a chance occurrence in anyone year of one per cent, as expressed in the latest engineering studies in areas of flood plain juris- diction. Supp. No. 22 1586.88 e e e * 36-1301 ZONING * 36-'301 Sec. 36-1301 (132). Remodeling. 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. Sec. 36-1301 (133)\ Residential building. A building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, lodging houses, mobile homes, dormitories, sorori- ties and fraternities. Sec. 36-1301 (134). Residential district. Any zoning district designated with an "R", for example "R-1", "R-2", etc., any planned development district that contains residential build- ings and the MH Mobile Home District. Sec. 36-1301 (135). Restaurant. A public eating house, in- cluding but not limited to the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains. Sec. 36-1301 (136). Retail sales. The sale of goods, merchan- dise and commodities for use or consumption. Sec. 36-1301 (137). Riding stables. Structures in which sad- dle horses are kept, maintained and/or boarded, and in con- nection with which saddle horses are rented to the general public or made available to members of a private club. Exercise rings and show rings shall be considered uses accessory to the use of the premises of a riding stable. Sec. 36-1301 (138). Recreational vehicle. A vehicular-type unit primarily designed as temporary living quarters for rec- reational, 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, top- per, truck camper, and motor home. Sec. 36-1301 (139). Right-ot-way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, Supp. No. 22 1586.89 ~ 36-1301 SALINA CODE ~ 36-1301 road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. Sec. 36-1301 (140). Roof sign. See Sign, Roof. Sec. 36-1301 (141). Screening. Decorative fencing or ever- green vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vege- tation. When fencing is used for screening, it shall be not less than six (6) or more than eight (8) feet in height. Sec. 36-1301 (142). Setback. The distance between the front lot line and the principal building on the lot. Sec. 36-1301 (143). Side lot line. See Lot Line, Side. Sec. 36-1301 (144). Side yard. See Yard, Side. Sec. 36-1301 (145). Sign. Any writing (including letters, words or numerals), pictorial representation (including illus- trations or decorations), emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated 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 portable display, or is attached to, painted on, or in any other manner represented on a building 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. Sec. 36-1301 (146). Sign, advertising. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the prem- ises on which the sign is located, or to which it is affixed (off-premise sign). Sec. 36-1301 (147). Sign, awning, canopy, and marquee. A sign that is mounted or painted on, or attached to, an awning, canopy, or marquee that is otherwise permitted by these regu- lations. 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. Supp. No. 22 1586.90 e e e ~ 36-1301 ZONING ~ 36-1301 Sec. 36-1301 (148). Sign, bulletin board. 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 announcements of persons, events, or activities occur- ring at the institution. Such signs may also present a greeting or similar message. Sec. 36-1301(149). Sign, business. A sign which directs attention to a business or profession conducted, or to a com- modity or service sold, offered or manufactured, or an enter- tainment offered, on the premises where the sign is located or to which it is affixed. Sec. 36-1301 (150). Sign, canopy. See Sign, Awning, Canopy, and Marquee. Sec. 36-1301 (151). Sign, construction. A temporary sign indicating the names of architects, engineers, landscape archi- tects, contractors, and similar artisans involved in the design and construction of a structure or project only during the construction period and only on the premises on which the construction is taking place. Sec. 36-1301 (152). Sign, ground. Any sign placed upon, or supported by, the ground independently of the principal build- ing or structure on the property. Signs on accessory structures shall be considered ground signs. Sec. 36-1301 (153). Sign, identification. 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. Sec. 36-1301 (154). Sign, marquee. See Sign, Awning, Can- opy, and Marquee. Sec. 36-1301 (155). Sign, mobile. A sign which is designed to be easily transported and is attached to a trailer or other nonmotive powered vehicle. Supp. No. 22 1586.91 ~ 36-1301 SALINA CODE ~ 36-1301 Sec. 36-1301 (156). Sign, nameplate. A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located, and where applicable, a pro- fessional status. Sec. 36-1301 (157). Sign, off-premise. See Sign, Advertising. Se<c. 36-1301 (158). Sign, pole. A sign that is mounted on a freestanding pole, the bottom edge of which sign is six (6) feet or more above ground level. Sec. 36-1301 (159). Sign, projecting. A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building. Sec. 36-1301 (160). Sign, real estate. 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 thereon. Sec. 36-1301 (161). Sign, roof. 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. Sec. 36-1301 (162). Sign, wall. A sign fastened to or painted on a wall of a building or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such building. Sec. 36-1301 (163). Small animal hospital. A facility for the medical and surgical treatment of ordinary household pets, such as dogs, cats, birds, and the like, excluding however, horses, donkeys, burros, goats, sheep, or other similar animals or pets not capable of being cared for entirely within the confines of a residence. Sec. 36-1301 (164). Structure. Anything constructed or erect- ed with a fixed location on the ground, or attached to some- thing having a fixed location on the ground. Among other things, structures include buildings, walls, sheds, towers, and bins. For purposes of these regulations, residential air condi- Supp. No. 22 1586.92 e e e ~ 36-1301 ZONING ~ 36-1301 tioning condensing units and similar cooling system apparatus, or so-called "window" or "room" conditioners shall not be considered as structures. Sec. 36-1301 (165). Subdivision. Any land, vacant or im- proved, 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 nonresidential zoned land. Sec. 36-1301 (166). Subdivision regulations. The official sub- division regulations of the city, together with all amendments thereto, adopted pursuant to Kansas Statutes Annotated, Sec- tion 12-705. Sec. 36-1301 (167). Tavern. An establishment in which the principal function is the selling or serving of beer having an alcoholic content of no greater than three and two-tenths (3.2) per cent by volume to customers for consumption on the premises. Sec. 36-1301 (168). Temporary use. A use permitted in the zoning district subject to a specific time limit; unless other- wise specified in these regulations, a time period not to exceed two (2) years. Sec. 36-1301 (169). Topper. A portable unit constructed to provide 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.) Sec. 36-1301 (170). Trailer. A vehicle standing on wheels or on rigid supports which is used for transporting boats, cargo, or property. Sec. 36-1301 (171). Travel trailer. 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 special 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 Supp. No. 22 1586.93 S 36-1301 SALINA CODE S ~6-1301 equipment (such as wardrobes, closets, cabinets, kitchen units or fixtures) and bath and toilet rooms. (See Recreational Vehicle. ) Sec. 36-1301 (172). Truck camper. A portable unit con- structed to provide 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.) Sec. 36-1301 (173). Undue restriction of the regulatory flood. A restriction or blocking of the conveyance of floodwater on a flood plain created by structures or fill which, when coupled with an assumed equal conveyance 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. Sec. 36-1301 (17.!r). Use. Any purpose for which a structure or a tract of land may be designed, arranged, intended, main- tained, or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a struc- ture or on a tract of land. Sec. 36-1301 (175). Use reg1Llations. The provisions of these regulations which identify permitted and conditional uses, impose use limitations, require adherence to performance standards and regulate home occupations and accessory and temporary uses. Sec. 36-1301 (176). Vision clearance area. 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 these regulations. 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 extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures, or temporary or permanent ob- structions exceeding three and one-half (31/2) feet in height measured from the top of the curb. Supp. No. 22 1586.94 e e e ~ 36-1301 ZONING S 36-1301 Sec. 36-1301 (177). Wall sign. See Sign, Wall. Sec. 96-1901(178). Wholesale sales. The sale of goods, mer- chandise and commodities for resale. Sec. 36-1901 (179). Width, lot. See Lot Width. Sec. 96-1901 (180). Yard. Open space on a lot which is unoc- cupied and unobstructed from its lowest level to the sky, except for permitted obstructions. Sec. 96-1301 (181). Yard, front. 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 therefrom 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 considered a front yard. Sec. 36-1901 (182). Yard, rear. 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. Sec. 96-1901 (189). Yard, side. 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 specified in the district regulations of these regulations refer to the required width of each side yard rather than to the width of both side yards, unless otherwise specified. Sec. 36-1301. (18J,.). YMCA, YWCA, Boy ScCYUts, Girl Scouts, Campfire Girls and other similalr groups. An association for- mally organized for a common purpose, or interest, and oper- ated not for profit for persons who are bona fide members, which owns, hires, or leases premises, the use of which prem- ises is primarily utilized for the promotion of the common purpose or interest of the association. Food, meals and bever- Supp. No. 24 1586.95 ~ 36-1301 SALINA CODE ~ 36-1301 ages 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. Sec. 96-1901 (185). Zoning lot. See Lot, Zoning. Sec. 96-1901(186). Zoning regula.tions. The official zoning regulations of the city together with any and all amendments adopted pursuant to Kansas Statutes Annotated, Sections 12- 107, et seq. (Ord. No. 8526, ~ 1, 12-13-76; Ord. No. 8630, ~ 11, 3-27-78; Ord. No. 8663, ~ 3, 9-25-78) [The next page i. 1686.151] Supp. No. 24 1586.96 e APPENDIX A RESERVED* e *Editor's note-Ord. No. 8526, adopted Dec. 13, 1976, repealed Ord. No. 6613, adopted March 20, 1962, from which App. A, relative to zoning, was derived. Said Ord. No. 6613 had been amended by the following legislation: Ord. No. Date Ord. No. Date 6781 4-20-64 8181 11- 1-71 6782 4-20-64 8204 5- 8-72 6845 1-25-65 8247 10- 2-72 6865 7-19-65 8251 10-16-72 6877 9-20-65 8420 1- 6-75 6878 9-20-65 8454 9-18-75 7034 1- 8-68 8478 4- 5-76 8030 7- 7-69 8479 4- 5-76 8055 12- 8-69 8480 4- 5-76 8180 11- 1-71 8492 5-24-76 e Supp. No. 22 1'586.151 e e e APPENDIX Al AIRPORT ZONING* ORDINANCE NO. 7039 AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE SALINA MUNICIPAL AIRPORT BY CREATING AIR- PORT APPROACH ZONES, TRANSITION ZONES, HORI- ZONTAL ZONE AND CONICAL ZONE, AND ESTABLISH- ING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE SALIN A MUNICIPAL AIR- PORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF AP- PEALS; AND IMPOSING PENALTIES. This ordinance is adopted pursuant to the authority con- fered by Article 7, Chapter 3 of the Kansas Statutes An- notated. It is hereby found that an airport hazard endangers the lives and property of users of Salina Municipal Airport and of occupants of land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuver- ing of aircraft, thus tending to destroy or impair the utility of Salina Municipal Airport and the public investment there- in. Accordingly, it is declared: (1) that the creation or estab- lishment of an airport hazard is a public nuisance and an in- jury to the region served by Salina Municipal Airport; (2) that it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented, and; (3) that the prevention of these hazards should be accomplished, to the extent legally ':'Editor's note-Ord. No. 7039, being nonameudatory of this Code, has been set out in full as enacted in Appendix Al at the discretion of the editor. Cross reference-Airports, Ch. 5; zoning generally, Appendix A. Supp. No.5 1587 ~ 1 SALINA CODE ~ 2 possible, by the exercise of the police power without compen- sation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimina- tion, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land. BE IT ORDAINED BY GOVERNING BODY OF THE CITY OF SALIN A, KANSAS: Sec. 1. Short title. This ordinance shall be known and may be cited as "Salina Municipal Airport Zoning Ordinance." Sec. 2. Definitions. As used in this ordinance, unless the context otherwise re- quires: (1) Airport - Means Salina Municipal Airport. (2) Airport elevation - Means the established elevation 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 land- ing or taking off at the airport. (4) Airport 1'eference point - Means the point established as the approximate geographic 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 ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. (7) Instrument runway - Means a runway equipment 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. Supp, No.5 1588 e e e S 2 APPENDIX AI-AIRPORT ZONING S 3 (8) Landing area - Means the area of the airport used for the landing, taking off or taxiing of aircraft. (9) Nonconforming use - Means any pre-existing structure, tree, natural growth or use of land which is inconsist- ent with the provisions of this ordinance or an amend- ment thereto. (10) Noninstrument runway - Means a runway other than an instrument runway. (11) Person - Means an individual, firm, partnership, cor- poration, company, association, joint stock association, or body politic, and includes a trustee, receiver, as- signee, administrator, executor, guardian, or other representa ti ve. (12) Runway - Means the paved surface of an airport land- ing strip. (13) Structure - Means an obj ect constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. (14) Tree - Means any object of natural growth. Sec. 3. Zones. In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying within the instrument approach zones, non instrument 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 Salina city planning department and dated December, 1967, which is attached to this ordinance and made a part hereof. The various zones are hereby established and defined as follows: (1) Instrument approach zone. An instrument approach zone is established at each end of the instrument run- way for instrument landings and takeoffs. The instru- ment approach zones shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the run- way, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its center line being the continua- tion of the centerline of the runway. Supp. No.5 1589 ~ 3 SALINA CODE ~ 3 (2) Noninstrument approach zone. A noninstrument ap- proach zone is established at each end of all noninstru- ment runways for noninstrument landings and take- offs. The noninstrument approach zone shall have a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,500 feet at a distance of 10,200 feet beyond each end of the runway, its center line being the con- tinuation of the centerline of the runway. (3) VFR approach zone. A visual flight rules approach zone shall have a width of 200 feet at a distance of 100 feet beyond each end of the runway widening thereafter uniformly to a width of 500 feet at a dis- tance of 3,100 feet beyond each end of the runway. (4) Transition zones. Transition zones are hereby estab- lished 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 the zoning map. Transition zones extend outward from a line 250 feet on either side of the center line of the noninstrument runway, for the length of such runway plus 200 feet on each end; and 500 feet on either side of the center line of the instrument runway, for the length of such runway plus 200 feet in each end, and are parallel and level with such runway center lines. The transition 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 horizon- tally to the points where they intersect the surfaces of Supp. No.5 1590 e e e ~ 3 APPENDIX Al-AIRPORT ZONING ~ 4 the horizontal and conical zones. Additionally, transi- tion 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 5,000 feet measured horizontally from the edge of the instrument approach zones at right angles to the con- tinuation of the center line of the runway. (5 ) Horizontal zone. A horizontal zone is hereby estab- lished as the area within a circle with its center at the Airport Reference Point and having a radius of 13,000 feet. The horizontal zone does not include the instru- ment approach zones and the transition zones. (6) Conical zone. A conical zone is hereby established as the area that commences at the periphery of the hori- zontal zone and extends outward therefrom a distance of 7,000 feet. The conical zone does not include the in- strument approach zones and transition zones. Sec. 4. Height limitations. Except as otherwise provided in this ordinance, no struc- ture or tree shall be erected, altered, allowed to grow, or main- tained in any zone created by this ordinance 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 200 feet from and at the center line elevation of the end of the instrument runway and extending a dis- tance of 10,200 feet from the end of the runway; thence one (1) feet [foot] in height for each forty (40) feet in horizontal distance to a point 50,200 feet from the end of the runway; (2) Noninstr'ument approach zones. One (1) foot in height for each forty (40) feet in horizontal distance begin- ning at a point 200 feet from and at the center line elevation of the end of the noninstrument runway and extending to a point 10,200 feet from the end of the runway; Supp. No.5 1591 g 4 SALINA CODE ~ 5 (3) Tmrlsition zones. One (1) feet [foot] in height for each seven (7) feet in horizontal distance beginning at any point 200 feet normal to and at the elevation of the center line of non instrument runways, extending 200 feet beyond each end thereof, and 200 feet normal to and at the elevation of the center line of the instru- ment runway, extending 200 feet beyond each end there- of, extending to a height of 150 feet above the airport elevation which is 1271 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 ap- proach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, 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 hor- izontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of 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 1,421 feet above mean sea level; (5) Conical zone. One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the pe- riphery of the horizontal zone, extending to a height of 500 feet above the airport elevation; and (6) Excepted height limitations. Nothing in this ordinance shall be construed as prohibiting the growth, construc- tion or maintenance of any tree or structure to a height up to 75 feet above the surface of the land. Where an area is covered by more than one ( 1) height limitation, the more restrictive limitations shall prevail. Sec. 5. Use restrictions. Notwithstanding any other provisions of this ordinance, no use may be made of land within any zone established by this Supp. No.5 1592 e e e ~ 5 APPENDIX AI-AIRPORT ZONING ~ 6 ordinance in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport 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. Sec. 6. Nonconforming uses. (a) Regulations not r'etroactive. The regulations provided by this ordinance shall not be construed to require the re- moval, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or amended, or otherwise interfere with continuance of any nonconforming use, except as pro- vided in subsection 3 of Section 3-707 of the General Statutes Supplement of 1947, or any amendments thereto; provided, however, that the City of Salina may require upon, thirty days notice in writing any person owning and maintaining any non- conforming pole or pole line upon the roads and highways im- mediately adjoining said airport to remove, lower, change, or alter said nonconforming pole or pole line, upon prior pay- ment by the city to said person of the reasonable and neces- sary expense of removing, lowering, changing, or altering said pole or pole line; or in lieu thereof to execute a good and suf- ficient bond with corporate surety thereon as security for the payment of the reasonable and necessary expense of remov- ing, lowering, changing, or altering such pole or pole lines, Reasonable and necessary expense of removing, lowering, changing, or altering said pole or pole line shall include, among other items of expense, the actual cost of (1) con- structing underground conduits and the construction of such wires and equipment in such conduits, and (2) rerouting wires together with the poles, cross arms and other equip- ment connected thereto, together with the cost of any of a new right-of-way made necessary by such rerouting, (b) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, Supp. No.5 1593 ~ 6 SALINA CODE ~ 7 operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the building official to indicate to the operators of aircraft in the vicinity of the air. port, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the ex- pense of City of Salina. Sec. 7. Permits. (a) Future uses. Except as specifically provided in Para- graphs 1, 2 and 3 hereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient par- ticularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations 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 permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of ter- rain, land contour or topographic features such tree or structure would extend above the height limits pre- scribed for such zone. (2) In the areas lying within the limits of the instrument and non instrument approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would ex- tend above the height limit prescribed for such instru- ment 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 le'ls than 75 feet of vertical height above the ground except Supp. No.5 1594 e ~ 7 APPENDIX AI-AIRPORT ZONING ~ 7 when such tree or structure, because of terrain, land contour or topographic features would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any con- struction, alteration or growth of any structure or tree in excess of any of the height limits established by this ordinance except as set forth in Section 4. (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 it was on the effective date of this ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. e (c) Nonconforming uses abandoned or destroyed. When- ever the building official determines that a nonconforming structure or tree has been abandoned or more than 80 per cent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to ex- ceed the applicable height limit or otherwise deviate from the zoning regulations. (d) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations pre- scribed in this ordinance, may apply to the board of adjust- ment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal applica- tion or enforcment of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do sub- stantial justice and be in accordance with the spirit of this ordinance. e (e) Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate Supp. No.5 1595 ~ 7 SALINA CODE ~ 9 the purpose of this ordinance and be reasonable in the circum- stances, be so conditioned as to require the owner of the struc- ture or tree in question to permit the City of Salina at its own expense, to install, operate, and maintain thereon such mark- ers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Sec. 8. 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 of- ficial upon a form furnished by him. Applications required by this ordinance to be submitted to the building official shall be promptly considered and granted or denied by him. Applica- tions for action by the board of adjustment shall be forthwith transmitted by the building official. Sec. 9. Board of adjustment. (a) There is hereby created a board of adjustment to have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determina- tion made by the building official in the enforcement of this ordinance; (2) to hear and decide special exceptions to the terms of this ordinance 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 Salina Airport Authority as created in accordance with section 5-1 to section 5-6 of the Salina Code; and that by appointment to the board of directors of the Salina Airport Authority shall automatical- ly constitute appointment to the board of adjustment for the same term as provided for in Article I of Chapter 5 of the Salina Code. (c) The board of adjustment shall adopt rules for its gov- erance and procedure in harmony with the provisions of this ordinance. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the Supp. No.5 1596 e ~ 9 APPENDIX A1-AIRPORT ZONING ~ 10 board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and com- pel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examina- tions and other official actions, all of which shall immediately be filed in the office of the city clerk and shall be a public record. e (d) The board of adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this ordinance. (e) The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision 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 ordinance, or to affect any variation in this ordinance. e Sec. 10. Appeals. (a) Any person aggrieved, or any taxpayer affected, by any decision of the building official made in his administra- tion of this ordinance, may appeal to the board of adjustment. (b) All appeals hereunder must be taken within a reason- able time as provided by the rules of the board of adjustment, by filing with the building official a notice of appeal specify- ing the grounds thereof. The building official shall forthwith transmit to the board of adjustment all the papers constitut- ing the record upon which the action appealed from was taken. ( c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building official certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certifi- cate a ;;tay would, in his opinion, cause imminent peril to life Supp. No.5 1597 ~ 10 SALINA CODE ~ 13 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 reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (e) The board of adjustment may, in conformity with the provisions of this ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determina- tion appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances. Sec. 11. Judicial review. Any person aggrieved, or any taxpayer affected, by any decision of the board of adjustment, may appeal to the Dis- trict Court of Saline County, Kansas, as provided in KSA 3- 709. Sec. 12. Penalties. Each violation of this ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misde- meanor and be punishable by a fine of not more than $500.00 or imprisonment for not more than six months or both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. Sec. 13. Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. Supp. No.5 1598 e e e ~ 14 APPENDIX AI-AIRPORT ZONING ~ 15 Sec. 14. Severability. If any of the provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Sec. 15. Effective date. This ordinance shall be in full force and effect from and after its passage by the board of commissioners and publica- tion as required by law. Adopted by the board of commissioners and signed by the mayor this 29 day of January, 1968. Carl R. Rundquist Mayor ATTEST: D. S. Harrison City Clerk ;';UPll. No. [} [The next page is 1607] 1599 e APPENDIX B SUBDIVISION REGULATIONS* Sec. I. Purpose, authority and jurisdiction. (A) TITLE. This document shall be known as the "Subdivision Regula- tions of the Salina City Planning Commission of Salina, Kansas", and may be cited as such. e (B) PURPOSE. The control of land subdivision is an integral part of orderly community development. Once land has been divided into streets, lots, and blocks, and publicly recorded, the correction of defects in this division is difficult and costly. The purpose of this document is to set forth rules and regulations for the division of real property so that each subdivision shall be properly coordinated with the overall city street, utility, and development plans. These requirements shall be considered to be minimum standards in their interpretation and appli- cation. They are designed to provide for a permanently whole- some community environment, efficient and adequate muni- cipal services, safe streets, and a 'Sound and balanced develop- ment of the area. (C) AUTHORITY. Authority for the adoption of regulations governing the subdivision of land is granted by G. S. 1949, 12-705; and G. S. 1961, 13-1108 to 13-1114, State of Kansas. Editor's note-G.S. 1961, 13-1108-13-1114 were repealed by L. 1965, Ch. 131, ~. 10, and K.S.A. 12-705 was amended by said law. Said law also added K.S.A. 12-705a and 12-705b. However, K.S.A. 12-706a pro- vides that subdivision regulations adopted under prior acts are validated. e *Editor's note-Appendix B contains the subdivision regulations of the city adopted by the city planning commission Sept. 27, 1963, and ap- proved by the city commission Dec. 2, 1963, by Ord. No. 6751, which is set out in section 27-54' of the Code of Ordinances. The regulations are set out as enacted, including the numbering of sections and subsections. Cross reference-For zoning regulations, see Appendix A in this volume. 1607 ~ I SALINA CODE S II (D) JURISDICTION. All subdivisions of land within the corporate limits of the City of Salina as now exist or are hereafter established and all land within a three-mile distance from said corporate limits shall fall within the jurisdiction of these regulations as provided by the previously mentioned authority. Sec. II. Definition of terms. For the purpose of these regulations, certain words used herein are defined as follows: Alley. A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. Block. A place or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the building in- spector shall determine the outline of the block. Building setback line. A line on a plat which designates a limit beyond which no portion of a building or garage more than eighteen (18) inches above natural ground shall extend in the direction of the adj acent street. City commission. The Board of Commissioners of the City of Salina, Kansas. City engineer. The City Engineer of the City of Salina, Kansas. City plan. A plan adopted by the governing body which provides a guide for future, orderly development of the city and all separate documents, renorts, and maps designated by the governing body as part of the city plan. City planning commission. The Salina City Planning Com- mission of Salina, Kansas. County commissioners. The Board of County Commission- ers of Saline County, Kansas. County planning commission. The Saline County Planning and Zoning Commission of Saline County, Kansas. 1608 e e e ~ II APPENDIX B-SUBDIVISION REGULATIONS S II Easement. A grant by a property owner of the specific use of a strip of land by others. Governing body. The Board of Commissioners of the City of Salina, Kansas. Lot. A portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of building development or for transfer of ownership. Lot, corner. A lot abutting upon two (2) or more streets at their intersection. Lot, interior. A lot whose sidelines do not abut upon any street. Lot, through. An interior lot having frontages on two (2) streets. (Also called' a double frontage or reverse frontage lot). Lot lines. The lines bounding a lot as defined herein. Lot depth. The mean horizontal distance from the front street line to the rear line. Lot width. The mean horizontal distance between side lines measured at right angles to the depth. Owner. Any legal entity (individual, firm, association, partnership, trust, corporation, etc.) having sufficient pro- prietary interest in the land sought to be subdivided to com- mence and maintain proceedings to subdivide the same under these regulations. Pedestrian walkway. A right-of-way across a block which provides access to streets on opposite sides of the block pro- vided exclusively for use by pedestrian traffic. Plat, final. A complete and final plan of the proposed sub- division as described in detail in Section V of these regulations. Plat, preliminary. A sketch drawing of the proposed sub- division as described in detail in Section IV of these regula- tions. Protective covenants. Conditions, imposed by the subdivider upon the use of land within the subdivision, designed to pro- vide mutual protection against undesirable aspects of develop- ment which would tend to impair stability of values. 1609 ~ II SALINA CODE ~ II Street. A public thoroughfare which affords principal means of access to property abutting thereon, whether desig- nated as a street, highway, thoroughfare, parkway, through- way, road, avenue, boulevard, lane or place, or however otherwise designated. Expressway. A multi-lane divided arterial highway or street for through traffic with partial control of access and with or without grade separations. Major aJ'terial street. A street providing for through traffic movement to concentrated areas of activity with or without a median divider and providing access to abutting property subject to necessary control of entrances, exits, and curb use and protected by stop signs or signals at cross streets and highways. Minor arterial street. A collector street providing for traf- fic movement between major arterials and local streets and providing for access to abutting property. Traffic is con- trolled to some extent at cross streets. Minor street. A street used primarily for access to abutting properties and serving the local needs of a neighborhood. Marginal access street. A minor street which is parallel to and adjacent to or in the immediate vicinity of an arterial street, and which has for its purpose the relief of such thor- oughfare from the local service of abutting properties. Court. A minor street with residential development on only one side, where conditions are such as to allow the improved street to be located on one side of the right-of-way allowing a standard parking width on the residence side. Marginal access streets may be treated as courts. An example of a court would be a street separating a residential area from a park. Cul-de-sac street. A minor street having only one open end and being permanently terminated at the other by a vehicular turn-around. Half-street. A street bordering one or more property lines of a tract of land in which the subdivider has allocated part of the ultimate street right-of-way width. 1610 e e e ~u APPENDIX B-SUBDIVISION REGULATIONS ~III Street line. The dividing line between the street right-of- way and the abutting properties. Subdivider. Any person commencing proceedings under these regulations for himself or another. Subdivision. A tract of land which has been or is intended to be divided into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land sub- divided. Yard, front. A yard across the full width of the lot be- tween the street line and that portion of the main building (including porches, cornices, roofs, eaves, and gutters) greater than eighteen (18) inches in height above the ground which is closest to the street line. Yard, rear. A yard across the full width of the lot between the rear lot line and that portion of the main building which is closest to the rear lot line. Yard, side. A yard extending entirely from the front yard to the rear yard between the side lot line and that portion of the main building (including porches, cornices, roofs, eaves, and gutters) greater than eighteen (18) inches in height above the ground which is closest to the side lot line. Sec. III. Procedure. (A) The procedure for the review, approval and registra- tion of subdivision plats of areas within the planning juris- diction of the City of Salina which lie entirely outside the corporate limits of the city and do not abut said corporate limits shall be as follows: (1) Thirteen (13) paper copies of the preliminary plat (fourteen (14) if outside city limits), written application Supp. No. 25 1611 ~IIl SALINA CODE ~IIl for approval of the preliminary plat, and the preliminary plat filing fee shall be presented to the secretary of the city planning commission in accordance with the sched- ule of subdivision processing in use at the time. (Ord. No. 8734, ~ 1, 8-13-79) Cross reference-Fees, ~ 27-4. (2) Upon receipt of the preliminary plat, the city planning commission shall examine said plat for conformity to these regulations and the city plan. At this time, the secretary of the city planning commission shall notify all owners of adjacent unplatted properties, in writing, of the proceedings in effect. At this time the city planning commission may refer the preliminary plat to the city engineer who will examine the plat to assure that the layout of streets, alleys, and easements, the naming of streets and the numbering of lots and blocks conform with these regulations and with poli- cies established by the city engineer. The city planning commission shall then examine the plat and any com- ments of the city engineer. If the plat does not meet all requirements for approval by the city planning commission, it will be returned to the subdivider for modification, along with a written list of required changes and other pertinent comments. Upon modi- fication, incorporating the changes required by the city planning commission, the preliminary plat shall be resubmitted directly to the city planning commission by the subdivider. When the city planning commission concludes that the preliminary plat meets all require- ments pertinent to the approval of such a plat, they shall approve the preliminary plat, return it to the subdivider, and so state their approval to the sub- divider in writing. (3) When the subdivider has obtained the approval of the preliminary plat (including all changes and modifica- tions) by both the city planning commission and the county planning commission, he may submit a final plat to the city planning commission. This final plat Supp. No. 25 1612 e ~I1I APPENDIX B-SUBDIVISION REGULATIONS ~ III e shall conform to and be accompanied by a copy of the approved preliminary plat. Three (3) paper copies of the final plat, written appli- cation for approval of the final plat and the final plat filing fee shall be submitted to the secretary of the city planning commission. After staff review has been com- pleted, but at least one week prior to the appropriate planning commission meeting, the final plat shall be submitted in the form of an original drawing with all appropriate signatures affixed thereto. Should the final plat be submitted later than one year after the date of approval of the preliminary plat, the preliminary plat may be subject to review and the original approval deemed null and void at the discretion of the city plan- ning commission. Upon receipt of the final plat, the city planning commission shall examine said plat for con- formity to these regulations, the city plan, and the ap- proved preliminary plat. The city planning commission shall take action, either approval or disapproval, within sixty (60) days of the submittal of the final plat. When approval is granted, the appropriate signatures shall be affixed to the original drawing of the final plat and the plat immediately referred to the city commission. (Ord. No. 8734, S 2,8-13-79) (5) Upon receipt of an approved final plat from the city planning commission, the city commission shall review said plat and grant its approval or disapproval within thirty (30) days of the receipt of said plat. Upon ap- proval by the city commission, the appropriate signa- tures shall be affixed and the original drawing returned to the subdivider. (4) e (B) The procedure for the review, approval and regis- tration of subdivision plats of areas within the planning jurisdiction of the City of Salina which abut the corporate limits of the city shall be as follows: (1) Same procedure as outlined in subparagraph (A) (1) of this section, except that proof of approval of the pre- Supp. No. 25 1613 ~III SALINA CODE ~I1I liminary plat by the county planning commission is not required. (2) Same procedure as outlined in subparagraph (A) (2) of this section. (3) In addition to the procedure and requirements out- lined in subparagraph (A) (3) of this section, the final plat presented to the city planning commission shall bear the appropriate signatures indicating the approval of the final plant by the county planning commission and the county commissioners. . (4) Same procedure as outlined in subparagraph (A) (4) of this section. . (5) Same procedure as outlined in subparagraph (A) (5) of this section. (C) When the subdivider has obtained all signatures on the final plat that are required under these regulations, he shall prepare and deliver copies of the original drawing of the final plat, within seventy-two (72) hours, as below speci- fied, to the following officials: City clerk-One dark line print. City engineer-One contact reproducible and one dark line print. Secretary of the city planning commission-One dark line print. (D) The responsibility to initiate action on preliminary and final plats before the city and county organizations re- sponsible for plat approval shall be the sole responsibility of the subdivider. He is encouraged to maintain sufficient contact with the city engineer to insure that all provisions and requirements of subdividing are met prior to submitting plats to the various commissions. This will insure that plat approvals will be obtained in the most expeditious manner possible which will prove of mutual benefit to the commis- sions and the subdivider. Supp. No. 25 1614 e ~III APPENDIX B-SUBDIVISION REGULATIONS ~III (E) The responsibility to comply with the provisions of paragraph C of this section shall lie wholly with the sub- divider. Failure to comply with the provisions of paragraph C within thirty (30) days after filing the plat with the Register of Deeds of Saline County or failure to file the plat within two (2) years of final approval of the city commission shall render all approvals granted by the city commission or the city planning commission null and void. e e Supp. No. 25 1614.1 e ~1II APPENDIX B-SUBDlVISION REGULATIONS ~ III 1. 2. 3. 4. e 5. (F) Through mutual agreement of the city plannillg com- mission and the county planning commission the following table indicates the order in which the various commissions shall be approached and the action required on the part of each commission to allow the plat to be referred to the next authority. Plats of areas outside the corporate limits of the City of Salina which do not abut said corporate limits: Step A utkority Action reqmred Preliminary plat County commissioners _____________m Refer to county planning commission County planning commission __mApproval-Return plat to subdivider City commission _________nnn_mnRefer to city planning commission City planning commission __m__m_Approval-Return plat to subdivider County planning commission ______Approval of any changes (not required if no changes are made)- Return to subdivider e Final plat 6. City planning commission __m__mApproval 7. City commission n__mmmn_m__n__Approval-Return plat to subdivider 8. County planning commission ______Approval 9. County Commission _____n_____m____Approval-Return plat to subdivider 10. Register of deeds _mn_m_______n___Record final plat Plats of areas which abut the corporate limits of the City of Salina: Step Authority Action required Preliminary plat 1. City commissionmmm________mRefer to city planning commission 2. City planning commission _ n__mApproval-Return plat to subdivider 1615 ~II1 SALINA CODE ~ IV Step Authority Action required Preliminary plat 3. County commissioners -__Refer to county planning commission 4. County planning commissionu -Approval-Return plat to subdivider 5. City planning commission ------nnApproval of any changes (not required if no changes are made)- Return to subdivider Final plat 6. County planning commission n-___Approval 7. County commissioners nnn------m_Approval-Return plat to subdivider 8. City planning commission m--_____Approval 9. County Commisioners --------um-Approval-Return plat to subdivider 10. Register of deeds ._--nnu___Record final plat Sec. IV. Preliminary plat. (A) The preliminary plat shall be drawn to a scale no smaller than one inch to one hundred (100) feet on a sheet no larger than thirty-two (32) by forty-eight (48) inches. A reduced example of such a plat is included as a part of these regulations. Should more than one sheet be required, 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. (B) The following information shall appear on the pre- liminary plat: (1) The proposed name of the subdivision. This name shall not be so similar to any existing subdivision name in or near the City of Salina as to cause con- fusion. (2) A vicinity map showing adjoining property; owner- ship of said property; the location and width of exist- ing and proposed street rights-of-way, roads, lots and alleys; building lines, city limits lines, parks and other 1616 e ~ IV e e APPENDIX B-SUBDIVISION REGULATIONS ~ IV (3) features; and similar facts regarding property imme- diately adjacent thereto. If there are no adjacent sub- divisions, the vicinity map shall show the outline and ownership of adjoining properties, location and dis- tance of the nearest subdivisions and city limits lines, and how the streets, alleys and highways in the sub- division may connect with those in the nearest sub- division. Names and addresses of property owner, subdivider, and engineer or surveyor platting the tract and laying out the boundaries. Topographic features including the location of water courses, ravines, bridges, culverts and present struc- tures; the size of adjacent drainage areas in acres; the area of the subdivision in acres; the proposed method of disposing of all run-off from the proposed. subdivision; and the location and size of all easements and rights-of-way, whether they are located within or immediately adjacent to the proposed subdivision, and other features pertinent to subdividing. The outline of wooded areas and the location of important indi- vidual trees. Ground elevation with contours at vertical intervals not exceeding five (5) feet in areas of fifteen per cent (150/0) grade or more than two (2) feet in all other areas of lesser grade. Elevations marked on such contours shall be based on datum approved by the city engineer. The location of all existing utilities such as sanitary and storm sewers and water, gas and power lines, in- cluding pertinent information such as size of pipes, location of inlets, type of power service (overhead or underground), etc. North point, graphic scale, written scale, and date of preparation. The location of boundary lines and their relation to established land lines and corners and the location of the city limits if falling within or immediately adjacent to the tract. (4) (5) (6) (7) Supp. No. 24 1617 f IV SALINA CODE fi IV (8) The proposed general layout of streets, lots, alleys, rights-of-way, and easements and their intended use, and setback lines; all dimensions to be shown to the nearest one foot. Information shall include lot and block numbers and street names. (9) The location of all proposed utilities, public and pri- vate, such as sanitary and storm sewers and water, gas, telephone, cable TV, and power lines. This infor- mation shall include size of public utility lines and show the points of connection with existing public utilities. (10) The width of proposed street surfacing, location of streets, and proposed order of development of streets and public utilities. (11) A designation of the proposed uses of land within the subdivision, including the type of residential use; loca- tion of business and industrial sites; and location of sites for churches, schools, parks or other special uses, subject to the provisions of all zoning regulations of the City of Salina in effect at the time of submittal of the preliminary plat. (12) A list of proposed protective covenants. (13) The planning commission shall not recommend for ap- proval any preliminary plat of a subdivision which does not make adequate provisions for storm water runoff control. This control may be accomplished 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 pro- fessional engineer which examines the effects of the proposed subdivision on all upstream and downstream drainage conditions. The scope of this report shall as- sume the ultimate development of the entire drainage basin based upon the current land use plan and the current and proposed zoning of the land within the drainage basin. Calculations 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 pro- Supp. No. 24 1618 e e e ~ IV APPENDIX B-SUBDIVISION REGULATIONS posed subdivision on the existing storm drainage system based upon the above submitted drainage report. The City of Salina reserves the right to require the de- veloper of the proposed subdivision to construct or cause to be constructed all necessary storm drainage systems, designed in accordance with the design criteria established by the city engineer, prior to the issuance of any building permit. (C) The preliminary plat shall include all land contem- plated for the entire eventual subdivision. (D) The city engineer shall assign house numbers to each lot within the proposed plat and so designate these numbers on the copy of the preliminary plat retained by the city plan- ning commission. (Ord. No. 8688, ~ 1, 2-26-79) Sec. V. Final plat. (A) The final plat shall be submitted in the form of an original drawing in waterproof ink on linen or polyester draft- ing film drawn to a scale no smaller than one inch to one hundred (100) feet on a sheet no larger than thirty-two (32) by forty-eight (48) inches. A reduced example of such a plat is included as part of these regulations. * 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. *Editor'B note--Examples have not been printed in this volume, but are on file in the city clerk's office. Supp. No. 24 1618.1 ~V e ~ v APPENDIX B-SUBDlVISION REGULA TIONS ~ V (B) plat: (1) (2) The following information shall appear on the final (3) (4) Name of the subdivision. Location map showing the location of the subdivision relative to adjacent subdivisions, tracts, and the city limits of Salina. A legal description of the perimeter of the tract be- ing subdivided. The perimeter lines (boundary) of the subdivision showing all property corners, land lines, distances, bearings, and angles, and other references used in the legal description of the tract. The error of closure of the perimeter survey shall not exceed one foot for each five thousand (5,000) feet of perimeter. All lot lines, right-of-way lines, streets, and easements shall be shown with their dimensions to the nearest one hundredth (1/100) of a foot. Prior to the submittal of the final plat, all points of intersection and points of curvatures on the perimeter boundary and all block corners, including the PC and PT of curved block lines, shall be marked by iron monu- ments no smaller than three-fourths (%,) inch in diameter and two (2) feet in length, driven 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 experienced surveyor to locate or relocate all points and lines shown on the plat, including all per- tinent curve data. The error of closure of the bound- aries of any enclosed area within the plat shall not exceed one foot in three thousand (3,000) feet. All areas, except street rights-of-way and utility ease- ments, to be dedicated to the public or reserved for public use or for the exclusive use of the property own- ers 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. North point, graphic scale, written scale, and date of preparation. (5) (6) e (7) e (8) 1619 ~ v SALINA CODE s V (9) Protective covenants shall be lettered on the final plat or submitted on a 'Separate sheet with appropriate reference made on the final plat, and signed by the subdivider and/or owner. (10) Lots and blocks shall be numbered in an orderly man- ner conforming with established numbering procedures previously used in the City of Salina and approved by the city engineer. (11) All building setback lines and easement lines shall be shown and properly labeled and dimensioned. (C) The following certificates, duly signed as appropriate, shall appear on the Final Plat upon its submittal for final approval. SURVEYOR'S CERTIFICATE ST ATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, the undersigned, do hereby certify that I am a licensed professional engineer in the State of Kansas, with experi- ence 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 cor- rectly shown to the be'St of my knowledge and belief. Given under my hand and seal at _mm_u______________, Kansas, this ___m__ day of ________________________________, A.D. 19________. _______________....L__________________ --- -- -- ---------- OWNER'S CERTIFICATE STATE OF KANSAS ) ) SS COUNTY OF SALINE ) This is to certify that the undersigned is the owner of the land described in the plat, and that he has caused the same to be surveyed and subdivided as indicated thereon, 1620 e e e * v APPENDIX B-SUBDlVISION REGULATIONS for the uses and purposes therein set forth, and does hereby acknowledge 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 channels or structures upon the area marked for easements on this plat is hereby granted. Given under my hand at -----____u_m________, Kansas, this u_ day of ___n___________ ______n_____' A.D. 19 _nun. -----------------------------------------..,...--- --~ I ------------------------------------------_-L._____ NOTARY CERTIFICATE STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, -------------------------+______________, a Notary Public in and for said county, in the state aforesaid, do hereby certify that ---------------------------------------~----, personally known to me to be the same persons whose names are subscribed to the fore- going instrument as such owners, appeared before me this day in person and acknowledged that they signed and de- livered the plat as their own free and voluntary act for the uses and purposes therein set forth. Given under my hand and Notarial Seal this__________m______ day of ---mm_-r_________________, A. D. 19________. - -______h_______________________ ______ __-<________ Notary Public 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 the plat. 1621 ~ V ~v SALINA CODE ~ V I further certify that I have received all statutory fees in connection with the plat. Given under my hand and seal at __________m________mu' Kansas this um_____m_u_m day of m_____u_m___m_mu______, A. D. 19___m__0 ------------------------------------------ ------------------------------------------- County Clerk City 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 or any deferred installments thereof that have not been apportioned against the tract of land included in the plat. Given under my hand and seal at u____________________, Kansas, this ___________ day of __m______u___u_______u____, A. D. 19u____. -------.....------- ---------------- ------------ -- -- ------------ ------------------- ---.-------- ---- County Clerk City Clerk SALIN A CITY PLANNING COMMISSION CERTIFICATE STATE OF KANSAS ) ) SS CITY OF SALIN A ) Approved this _u___u____ day of ____mm_________m__' A. D. 19_nu___. SALINA CITY PLANNING COMMISSION SALINA, KANSAS -- ----- --- -- - ------- --- ----- -------- - --- - ------ - - --- - --- -- -- -- - - ---- - --- Chairman ATTEST: _u_ ___u___u_u__u ___ ____u__________n_______n_u__u____u_u___ ____n____ Secretary SALINE COUNTY PLANNING AND ZONING COMMISSION CERTIFICATE STATE OF KANSAS ) ) SS COUNTY OF SALINE ) Approved this _____m_u_ day of _______m______________, A.D. 19___m__0 1622 e e e ~ v APPENDIX B-SUBDIVISION REGULATIONS SALINE COUNTY PLANNING AND ZONING COMMISSION, SALINE COUNTY, KANSAS ---------------------------------------------........----------------- Chairman ATTEST: -h-------------__n____n_______h_________n________________________~______ Secretary CERTIFICA TE OF THE CITY COMMISSION STATE OF KANSAS ) ) SS CITY OF SALINA ) Approved this _______m__ day of --------_m___n_n____' A.D. 19________. BOARD OF CITY COMMISSIONERS OF THE CITY OF SALINA, KANSAS - ---f-___ ______________________________________.__________ Mayor ATTEST: -------------n---n____u_____h______Uh_________________________________ City Clerk CERTIFICATE OF THE COUNTY COMMISSIONERS STATE OF KANSAS ) ) SS COUNTY OF SALINE ) Approved this _____u_____ day of ----_n______h_________, A.D. 1.9________. BOARD OF COUNTY COMMISSIONERS OF SALINE COUNTY, KANSAS - - - - -------- ---- -- -------------- -------- ------ -- ---- ------- ----------- ATTEST: Chairman ---- - --- ---+--- ------------------------------------------------------------------ County Clerk Sec. VI. Design standards. (A) STREETS. (1) The arrangement, character, extent, width, grade, and location of all streets shall conform to the city plan and shall be considered in their relation to existing and planned streets and in their appropriate relation to the proposed uses of the land to be served by such streets. 1623 -~ VI ~ VI SALINA CODE S VI (2) Where the above is not shown in the city plan the ar- rangement of streets in a subdivision shall either: (a) Provide for the continuation or projection of ex- isting streets using existing street widths; or, (b) Conform to a plan for the neighborhood approved by the city planning commission to meet a particu- lar situation where conditions make the continu- ance or projection of existing streets impractical. (3) Minor streets shall be laid out so as to discourage through traffic. (4) The over-use of cul-de-sac streets shall be discouraged except in cases where other street layouts prove un- desirable. (5) Where a subdivision abuts or contains a proposed or existing limited or controlled access street or highway, the city planning commission may require marginal access streets parallel to the arterial street, reverse frontage with nonaccess limitations along the arterial street, or other such special treatment deemed neces- sary for the protection of residential properties and the separation of local and through traffic. (6) Street jogs with centerline offsets of less than one hun- dred fifty (150) feet shall be prohibited. (7) A tangent of at least one hundred (100) feet along the street centerline shall be required between reverse curves on arterial and collector streets. (8) When a street centerline deflects more than ten de- grees (100) within a given block, a curve shall be in- serted with a radius of not less than: Expressways, maj or and minor arterial streets---------------------------- 300 feet. Minor streets ______________mn_____________________________ 150 feet. (9) Streets shall be laid out so as to intersect as nearly as possible at right angles and at no time shall this angle of intersection be less than sixty degrees (600). (10) Street right-of-way widths shall be as indicated in sub- paragraph (A) (2,) of this section and, where not con- trolled by the provisions of that paragraph, shall be not less than: 1624 e ~ VI APPENDIX B-SUBDIVISION REGULATIONS 9 VI (11) Expressway -----u----~______uu___________u________m_u _m 100 feet. Major arterial street _u____mnuu___n____m___u_______ 80 feet. Minor arterial street -------nm_____nn_um__n____n 80 feet. Minor street -n-----------------n________u____n_________mmu 60 feet. Cul-de-sac ----- --mu_______muu_____n__________+___m__m __ 60 feet. Marginal access street ---------m---_____umn___n_u 50 feet. Court u--------Uh--------_________n______nn_____u____nu____n__ 50 feet. Half streets shall be prohibited' except where required to match existing platted half streets. In this case the half street shall be of the same width as the abutting half street or of sufficient width to allow the whole street to comply with the dimensions specified in sub- paragraph (A) (10) of this section, whichever is the greater. A dead end street shall be designed as a cul-de-sac street and shall consist of a sixty (60) foot right-of-way lead- ing from a minor or minor arterial street terminated by a circular turnaround. The right-of-way of the turn- around shall not be less than one hundred (100) feet in d'iameter. The maximum length of a cul-de-sac street shall be six hundred (600) feet from the right-of-way line of the connecting street along the centerIin€ right- of-way of the cul-de-sac to the right-of-way line of the turnaround. Continuations of existing streets shall bear the name of the existing street. Names of new streets shall not be so similar to existing street names as to cause confusion or misunderstanding. Street names shall be subject to the approval of the city planning commis- sion. The improved portion of streets shall be centered with- in the right-of-way except in the case of courts and marginal access streets. No street grade shall be less than three tenths of one per cent (0.3%). (12) e (13) (14) (15) e (B) ALLEYS. (1) Alleys shall be discouraged in residential areas. (2) Alleys shall be provided in commercial and industrial districts, except that the city planning commission may Supp. No. 22 1625 ~ VI SALINA CODE ~ VI waive this requirement where other definite provision is made for service access, such as off-street loading and unloading. (3) Alleys in commercial and industrial areas shall be at least twenty-four (24) feet in width. (4) Alleys shall be straight with no alley intersections or dead end alleys permitted. (C) EASEMENTS. (1) Where necessary, easements across lots or centered on lot lines 'Shall be provided for utilities and shall be not less than twenty (20) feet in width. (2) At deflection points along the easement where over- head power lines are planned, provision shall be made for additional easement for pole guys and anchor poles. (3) Special care shall be taken to provide for drainage easements where the subdivision is traversed by a watercourse, drainage way, or channel. (D) BLOCKS. (1) The lengths, widths, and shapes of blocks shall be de- termined with due regard to: (a) Provision for adequate building sites suitable for the special needs of the type of use contemplated. (b) Needs for convenient access, circulation. control, and safety of street traffic. (c) Considerations of topography. (2) Block lengths shall not exceed eighteen hundred (1,800) feet for blocks containing lots with widths of eighty (80) feet or more. Blocks containing lots of less than eighty (80) feet width shall not exceed twelve hundred (1,200) feet. (3) Pedestrian walkways not less than ten (10) feet in width shall be provided through blocks where deemed essential by the city planning commission to provide pedestrian access to schools or other community facili- ties. (E) LOTS. (1) The minimum dimensional requirements for residential lots shall be those prescribed by the zoning regulations Supp. No. 22 1626 e ~ VI APPENDIX B-SUBDIVISION REGULATIONS ~ VII of the City of Salina, and amendments thereto, in effect on the date of final plat submittal. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facili- ties required by the type of use, zoning district, and development contemplated. The subdividing of land shall be such as to provide, by means of a public street, each lot with s8tisfactory access to an existing public street. (2) (3) (4) Through (double frontage or reverse frontage) lots shall be avoided except where essential to provide sep- aration of residential development from traffic ar- teries or to overcome specific disadvantages of topog- raphy and orientation. A planting screen easement of at least ten (10) feet, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. e (5) Side lot lines shall be at right angles or radial to streets except in special cases approved by the city planning commission. (Ord. No. 8558, ~ 1, 3-28-77) e Sec. VII. Variances and implementation. (A) Where the city planning commission finds that extra- ordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that sub- stantial justice may be done and the public interest secured; provided that such variation will not have the effect of nulli- fying the intent and purpose of the city plan or these regula- tions. In granting variances and modifications, the city plan- ning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. (B) These regulations shall become effective upon their final approval by the city commission of the City of Salina, Supp. No. 22 1627 ~ VII SALINA CODE ~ VII Kansas. All plats under consideration for approval by the city planning commission at the time that these regulations become effective 'Shall be required to conform to these regula- tions to the extent as determined by the city planning com- mission. All plats submitted for approval after these regula- tions become effective shall conform to all sections of these regulations. ADOPTED by the City Planning Commission of the City of Salina, Kansas, this 27th day of September, 1963. (Resolu- tion No. 21) APPROVED by the City Commission of the City of Salina, Kansas, this 2nd day of December, 1963. (Ordinance No. 6751) [The next page is 1633] Supp. No. 22 1628 e e e APPENDIX Bl METROPOLITAN PLANNING COMMISSION* AMENDED AGREEMENT This agreement made the 28th day of February, 1972, and amended August 14, 1972, between the governing body of the City of Salina, Kansas, hereinafter called the city and the Board of County Commissioners of Saline County, Kansas, hereinafter called county. WITNESSETH: Whereas, the city and the county have adjoining planning jurisdiction, and Whereas, the city and the county are desirous to establish a metropolitan planning commission and authorize said com- mission to exercise authority delegated by the participating governing bodies, Now therefore, in consideration of the promises hereinafter made, the city and county hereby initially agree: 1. That the city shall adopt an ordinance approving this agreement between the city and the county. 2. That the county shall adopt a resolution approving this agreement between the city and the county. 3. That the city and county hereby establish a commission to be known as the metropolitan planning commission. 4. That the metropolitan planning commission shall con- sist of nine (9) members, all of whom shall be taxpayers; of which two (2) members shall reside outside of the corporate limits of the City of Salina, but within the metropolitan planning area; hereinafter called area, and the remaining members shall be residents of the City of Salina, Kansas. One member of the metropolitan planning commission shall be the executive secretary of the county planning commission. 5. That upon adoption by the city and county of this agree- ment and the establishment of the metropolitan planning com- Supp. No. 16 1633 SALINA CODE mission, the city shall appoint three (3) members for a three (3) year term, three (3) members for a two (2) year term, two (2) members for a one year term and the executive secre- tary of the county planning commission for a perpetual term. One three (3) year appointment and one two (2) year ap- pointment shall reside outside the corporate limits of the City of Salina, Kansas. 6. That all appointments after the initial appointments as set out in paragraph 5 hereof, shall be for three (3) year terms from the first day of May of the year in which they are appointed. 7. That vacancies on the metropolitan planning commis- sion caused by death, resignation or other disability of any member shall be filed for the unexpired term only. 8. The members of the metropolitan planning commission shall serve without compensation. 9. That the members of the metropolitan planning com- mission shall select one of their number as chairman and one as vice chairman, who shall serve one year or until their successors have been selected. 10. That the members of the metropolitan planning com- mission shall meet at least bimonthly, at such time and place as they shall fix by resolution. 11. That special meetings of the metropolitan planning commission may be called at any time by the chairman or in his absence by the vice chairman. 12. That a majority of the metropolitan planning com- mission shall constitute a quorum of the transaction of busi- ness; and a majority vote of those present shall be necessary for official action of the metropolitan planning commission. 13. That the metropolitan planning commission shall cause a proper record to be kept of its proceedings, said record to be kept in the office of the Salina Area Metropolitan Planning Department. Supp. No. 16 1634 e APPENDIX B1-METROPOLITAN PLANNING COMMISSION e 14. That the commission is hereby authorized to make or cause to be made a comprehensive plan for the development of the metropolitan planning area. 15. That the preparation of such plan, the planning com- mission shall make or cause to be made comprehensive surveys and studies of past and present conditions and trends relating to land use, population and building intensity, public facilities, transportation and transportation facilities, economic condi- tions, natural resources, and any other element deemed neces- sary to the comprehensive plan. 16. That the proposed plan may, in addition to a written presentation, include maps, plats, charts and other descrip- tive matter, and shall show the commission's recommenda- tions for the development or redevelopment of said territory including: (a) The general location, extent and relationship of the use of land for agriculture, residence, business, in- dustry, recreation, education, public buildings and other community facilities, major utility facilities both public and private and any other use deemed neces- sary; e (b) Population and building intensity standards and restric- tions and the application of the same; (c) Public facilities including transportation facilities of all types whether persons or goods; (d) Public improvement programming based upon a deter- mination of relative urgency; (e) The major sources and expenditure of public revenue including long range financial plans for the financiilg of public facilities and capital improvements, based upon a projection of the economic and fiscal activity of the community, both public and private; (f) Utilization and conservation of natural resources; and (g) Any other element deemed necessary to the proper development or redevelopment of the area. Supp. No. 16 1635 SALINA CODE 17. The metropolitan planning commission, by an affirma- tive vote of a majority of its members, may approve the recommended comprehensive plan as a whole by a single resolution or may by successive resolutions approve parti of the plan, said parts corresponding with the major geographi- cal sections of the area or with functional subdivisions of the plan. Such resolution shall specifically identify any maps, plats, charts, or other materials made a part of such plan. Before the approval of any such plan or part thereof, the commission shall hold a public hearing thereon, notice of which shall be published once in the official city newspaper at least twenty (20) days prior to the date fixed for hearing. Upon the approval of any such plan or part thereof, a certi- fied copy of the same shall be submitted to the city and county and all other legislative and administrative agencies affected thereby. 18. That the city and county and other legislative and ad- ministrative agencies shall, within sixty (60) days after the receipt thereof, consider such proposed plan or part thereof and submit a statement containing its recommenda- tions regarding those items which come within their respec- tive jurisdictions to the metropolitan planning commission. 19. That the metropolitan planning commission shall con- sider the recommendations and thereafter may adopt such proposed plan or part thereof as the official plan of the area. 20. All reports and documents forming the plan or part thereof, as adopted, shall bear the signature of the chairman and secretary of the metropolitan planning commission and an attested copy of the same shall be certified to all legis- lative and administrative agencies affected by the plan. 21. That such plan or part thereof shall constitute the basis or guide for public action to insure a coordinated and harmonious development or redevelopment which will best promote the health, safety and general welfare, as well as a wise and efficient expenditure of public funds. 22. That the metropolitan planning commission may at any time review or reconsider the plan or any part thereof and Supp. No. 16 1636 e e e APPENDIX Bt-METROPOLITAN PLANNING COMMISSION may propose amendments, extensions or additions to the same. The procedure for the adoption of any such amendment, extension or addition to any plan or part thereof shall be the same as that required for the adoption of the original plan or part thereof. 23. The commission shall annually review such plan for the purpose of determining if any portion of the plan has become obsolete and shall make a report to the governing body re- garding the same on or before the first day of June of each year. 24. That whenever the metropolitan planning commission shall have adopted and certified the comprehensive plan of the community or of one or more major sections or districts thereof then and henceforth no public improvement, public facility or public utility of a type embraced within the recom- mendations of the comprehensive plan or portion thereof shall be constructed without first being submitted to and being approved by the commission as being in conformity with the plan. If the metropolitan planning commission does not make a report within sixty (60) days, the project shall be deemed to have been approved by the metropolitan planning commission. In case the commission shall find that any such proposed public improvement facility or utility does not con- form to the plan, the metropolitan planning commission shall submit forthwith in writing the manner in which such pro- posed improvement, facility or utility does not conform, to the governing body sponsoring the same and such governing body may, by a recorded vote of three-fourths (o/.'t) majority of its membership, overrule the disapproval of the metro- politan planning commission and the plan for the area con- cerned shall be deemed to have been amended and the metro- politan planning commission shall make the necessary changes in the plan to reflect the same. 25. That the metropolitan planning commission may adopt and may amend regulations governing the subdivision of land located within the designated area. Before the adoption of Supp. No. 16 1637 SAUNA CODE such regulations or any amendments thereto, the commission shall cause a notice of the hearing to be held thereon to be published in the official area newspaper. 26. That no such regulations, changes or amendments there- to adopted by the metropolitan planning commission shall become effective within the area until the same has been submitted to and approved by the city. 27. Such subdivision regulations may provide for the har- monious development of the community, including the proper location and width of streets, and for building lines, open spaces, safety and recreational facilities, flood protection and flood plain regulations, and for the avoidance of congestion of population, including minimum width, depth and area of lots and compatibality of design. Such regulations may also as a condition to the approval of any plat, require and fix the extent to which and the manner in which streets shall be improved and water, sewer, drainage and other utility mains and piping or connections or other physical improve- ments shall be installed. 28. That whenever any such regulations governing the sub- division of land under the provisions of this act shall have been adopted, the owner or owners of any land located within the area governed by such regulations subdividing the same into lots and blocks or tracts or parcels, for the purpose of laying out any subdivisions, suburban lots, building lots, tracts or parcels or any owner of any land establishing any street, alley, park or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of, land fronting thereon or adjacent thereto, shall cause a plat to be made which shall accurately describe the subdivision, lots, tracts, or parcels of land giving the location and dimensions thereof or the location and dimensions of all streets, alleys, parks or other properties intended to be dedicated to public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto and every such plat shall be duly acknowledged by the owner or owners thereof. Supp. No. 16 1638 e e e APPENDIX BI-METROPOLITAN PLANNING COMIfISSION 29. That all such plats shall be submitted to the metropoli- tan planning commission, which shall determine if the same conforms to the provisions of the subdivision regulations. 30. If such determination is not made within sixty (60) days after the plat has been submitted for consideration, such plat shall be deemed to have been approved and a certificate shall be issued by the secretary of the metropolitan planning commission upon demand. 31. That if the metropolitan planning commission shall find that the plat does not conform to the requirements of the subdivision regulations, it shall notify the owner or owners of such fact. 32. That if the plat conforms to the requirements of such regulations, there shall be endorsed thereon the fact that it has been submitted to and approved by the metropolitan plan- ning commission. 33. That the metropolitan planning commission may estab- lish a scale of reasonable fees to be paid in advance to the secretary of the metropolitan planning commission by the applicant for approval for each plat filed with the metropoli- tan planning commission. 34. That no building permit shall be issued for the con- struction of any structure upon any lot, tract or parcel of land located within the area governed by the subdivision regulations that has been subdivided, resubdivided or replatted aftel' the date of the adoption of such regulations by the city and county, but which has not been approved in the manner provided by this act. 35. That any regulations adopted by the city or county with reference to subdividing lots shall provide for the issu- ance of building permits on lots divided into not more than two (2) tracts without having to replat said lot, provided that the resulting tracts shall not again be divided without repla tting. 36. That such subdivision regulations shall contain pro- cedure for issuance of building permits on divided lots which SuPP. No. 16 1639 SALINA CODE shall take into account the need for adequate street rights- of-way, easements, improvement of public facilities and zon- ing regulations if in existence, shall provide for a procedure which shall specify a time limit within which action shall be taken, and shall further provide, where applicable, for the final decision on the issuance of such building permit to be made by the city or the county, except as may be provided by law. 37. The register of deeds shall not file any plat as pro- vided by law until such plat shall bear the endorsement hereinbefore required. 38. Such regulations shall provide that lands for agricul- ture and its accessory uses shall not be governed by these regulations. It may provide that in lieu of the completion of such work or improvements prior to the final approval of the plat, the city or county may accept a corporate surety bond, cashier's check, escrow account or other like security in an amount to be fixed by the city or the county and con- ditioned upon the actual completion of such work or improve- ments within a specified period, in accordance with such regulations, and the governing body may enforce such bond by all equitable remedies. 39. That whenever the metropolitan planning commISSIOn has a part of its comprehensive plan adopted, a plan for its major street or highway system, after consultations as pre- scribed by K.S.A. 12-705c, the city may establish by ordinance and the county may establish by resolution, building" setback lines on such existing and proposed major streets or highways and prohibit any new building being located within such building or setback lines within the plat jurisdiction of both the city and the county. Such ordinance and resolution shall incorporate by reference and official map, which may in- clude supplementary documents, setting forth such plan show- ing with reasonable survey accuracy the location and width of existing or proposed major streets or highways and any building or setback lines. Supp. No. 16 1640 e e e APPENDIX B1-METROPOLITAN PLANNING COMMISSION 40. That all lands with the city and its extra-territorial jurisdiction shall function under the authority of K.S.A. 12-716 et. seq. The city is hereby authorized by ordinance to divide such land under its extra-territorial jurisdiction into zones or districts, and regulate and restrict the location and use of buildings and the uses of the land within each district or zone. Such zones or districts may be created for the purpose of restricting the use of buildings and land located within the same for dwellings, business, industry, conservation, floodplain or for other purposes deemed necessary. Such regulations shall provide that property used for agriculture and its accessory uses shall not be governed by these zoning regulations. The use of buildings and land and the regula- tions and restrictions upon the use of the same shall be uni- form as to each zone or district but the uses and regulations and restrictions in anyone zone or district may differ from those in other zones or districts. 41. That before any city shall create any zone or district or regulate or restrict the use of buildings or land therein, the city shall require the metropolitan planning commission to recommend the nature and number of zones or districts which it deems necessary and the boundaries of the same and appropriate regulation or restrictions to be enforced therein. 42. That in the preparation of such recommendations the metropolitan planning commission shall make or cause to be made surveys and studies of past and present uses of prop- erty or if the city shall have adopted a land use plan as a part of the comprehensive plan, such recommendations shall be based thereon. 43. That upon the development of tentative recommenda- tions, the metropolitan planning commission shall hold a public hearing thereon and shall cause an accurate general written summary to be made of the proceedings thereof. 44. That the secretary of the metropolitan planning com- mission shall cause a notice of such public hearing to be pub- lished once in the official city newspaper and at least twenty (20) days shall elapse between the date of such publication Supp. No. 16 1641 SALINA CODE and the date set for hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms. Such hearing may be adjourned from time to time and at the conclusion of the same, the commission shall prepare its recommendations and shall by an affirmative vote of a majority of all of the members of the metropolitan planning commission, adopt the same in the form of a pro- posed zoning ordinance and shall submit the same, together with the accurate written summary of the hearing thereon, to the city. 45. That the city may either approve such recommendations by the adoption of the same by ordinance or return the same to the metropolitan planning commission for further consider- ation, together with a statement specifying the basis for disapproval. 46. That the metropolitan planning commission, after re- considering the same, may resubmit its original recommenda- tions giving the reasons therefor or submit new and amended recommendations. 47. That upon the receipt of such recommendations, the city may adopt or may revise or amend and adopt such recommendations by ordinance, or it need take no further action thereon. 48. That if the metropolitan planning commission fails to deliver its recommendations to the city within ten (10) days after receipt of the city's statement specifying disap- proval, the city shall consider such course of inaction on the part of the metropolitan planning commission as a resubmis- sion of the original recommendations and proceed accordingly. 49. That for the purpose of defining the boundaries of zones or districts, the city may describe such boundaries in such ordinance, or may set out such boundaries upon a map in- corporated and published as a part of such ordinance, or may provide for the incorporation by reference in such ordi- nance of an official map upon which such boundaries shall be fixed. Such map shall be marked "official copy as incorporated by Ordinance No. _n___nm_'" and filed in the office of the city Supp. No. 16 1642 e e e APPENDIX BI-METROPOLlTAN PLANNING COMMISSION clerk or such other public office as may be designated by the city to be open to inspection and available to the public at all reasonable business hours. 50. That the city may from time to time supplement, change or generally revise the boundaries or regulations con- tained in such zoning ordinance by amendment. A proposal for such amendment may be initiated by the city, the metro- politan planning commission or upon application of the owner of property affected. Any such amendment shall, if based upon the comprehensive land use plan, be presumed to be reason- able. 51. That the city may establish reasonable fees to be paid in advance by the owner of any property at the time of making application for a change in zoning of the same. 52. That all such proposed amendments shall first be sub- mitted to the city for recommendation and report. 53. That upon the development of tentative recommenda- tions, the metropolitan planning commission shall hold a public hearing thereon and shall cause an accurate written summary to be made of the proceedings, and shall give notice in like manner as that required for the original zoning recom- mendations. 54. That if such proposed amendment is not a general revision of existing ordinances and will affect specific prop- erty, it shall be designated by legal description and general street location and in addition to such publication notice, written notice of such proposed amendment shall be mailed to all owners of land located within two hundred (200) feet, excepting streets and ways, of the area proposed to be altered and an opportunity granted to interested parties to be heard, except notice of rezoning of any property within the extra- territorial jurisdiction shall be mailed to all owners of land within. one thousand (1000) feet of the proposed zoning change. 55. That failure to receive such notice shall not invali- date any subsequent action taken. Supp. No. 16 1643 SAUNA CODE 56. That such notice is sufficient to permit the metro- politan planning commission to recommend amendments to zoning ordinances which affect only a portion of the land described in the notice or which give all or any part of the land. described a zoning classification of lesser change than that set forth in the notice: Provided, that recommending a zoning classification of lesser change than that set forth in the notice shall not be valid without republication and, where necessary, remailing unless the metropolitan planning commission shall have previously established a table or publi- cation available to the public which designates what zoning classifications are lesser changes authorized within the pub- lished zoning classifications. 57. That the procedure for the consideration and adoption of any such proposed amendments shall be in like manner as that required for the consideration and adoption of the orig- inal zoning ordinance except where hereinbefore or herein- after modified. 58. That for action on zoning amendments, a q"0rum of the metropolitan planning commission is more than one. ~alf (1f2) of all the members. 59. That a vote either for or against an amendment by a majority of all of the planning commissioners present con- stitutes a recommendation of the metropolitan planning com- mission; whereas a vote either for or against an amendment by less than a majority of all of the planning commissioners present constitutes a "failure to recommend". 60. That when the metropolitan planning commission sub- mits a recommendation of approval or disapproval of such amendment, the governing body, if it approves such recom- mendation, may either adopt such recommendation by ordi- nance or take no further action thereon, as appropriate. 61. That in the event the commission submits a "failure to recommend" to the city, the city may take such action as it deems appropriate. Supp. No. 16 1644 e e e APPENDIX BI-METROPOLITAN PLANNING COMMISSION 62. That upon receipt of a recommendation of the metro- politan planning commission which the city disapproves, the city shall return such recommendation to the metropolitan planning commission with a statement specifying the basis for disapproval and such recommendation shall be considered in like manner as that required for the original zoning recom- mendation returned to the metropolitan planning commission. 63. That if such amendment shall affect the boundaries of any zone or district, the ordinance shall describe the bound- aries as amended, or if the city has made provision for the fixing of the same upon an official map which has been in- corporated by reference, the amending ordinance shall define the change or the boundary as amended, shall order the offi- cial map to be changed to reflect such amendment and shall amend the section of the ordinance incorporating the same and reincorporate such map as amended. 64. That regardless of whether or not the commission ap- proves or disapproves a proposed zoning amendment or "fails to recommend", if a protest against such amendment be filed in the office of the city clerk within fourteen (14) days after the date of the conclusion of the public hearing pursuant to said publication notice, duly signed and acknowledged by the owners of twenty per cent (20 %) or more of any real property proposed to be rezoned or by the owners of twenty per cent (20 %) of the total area, excepting public streets and ways, located within or without the corporate limits of the city and located within two hundred (200) feet (1000 feet in extra-territorial jurisdiction) of the boundaries of the prop- erty proposed to be rezoned, the ordinance adopting such amendment shall not be passed except by at least three- fourths (%.) vote of all members of the governing body. 65. That ordinances passed under authority of this act shall not apply to the existing use of any building or land, and shall not prevent the restoration of a building damaged not more than fifty per cent (50%) of its structural value by fire, explosion, act of God, or the public enemy, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage but shall Supp. No. 16 1645 SALINA CODE apply to any alteration of a building to provide for a change in such use or a change in the use of any building or land after the effective date of any such ordinance. 66. That the city shall have the authority to maintain suits or actions in any court of competent jurisdiction for the pur- pose of enforcing the provision of any ordinance passed under this act and to abate nuisances maintained in violation thereof. 67. That in case any building or structure is or is proposed to be erected, constructed, altered, ccnverted, or maintained, or any building, structure, or land is or is proposed to be, used in violation of any ordinance enacted under this act, the building inspecter, city attorney, or other appropriate authority of the municipality, and in the event the violation relates to a provision concerning floodplain zoning, the at- torney general and the chief engineer of the division of water resources of the Kansas State Board of Agriculture, may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building, struc- ture, or land. Any person, company, corporation, institution, municipality, or agency of the state or federal government who shall violate any provision of an ordinance relating to floodplain zoning, shall be subject to the penalties and reme- dies provided in K.S.A. 12-710. 68. That all lands within the area but outside legisla- tive jurisdiction of the city shall abide by provisions of sec- tion 2, e~cept, that the metropolitan planning commission shall forward all recommendations for zoning concerning this area to the county for adoption of plans and zoning legislation. 69. That a board of metropolitan zoning appeals herein- after called "board", shall be established. 70. That the board shall be comprised of seven (7) mem- bers, all of which live within the area, one of which must reside outside the city limits. None of its members shall Supp. No. 16 1646 e e e APPENDIX Bl-METROPOLlTAN PLANNING COMMISSION hold an appointed or elected position with the city or county, except the executive secretary of the county planning com- mission shall automatically serve as one of the members, and one member shall be a member of the metropolitan plan- ning commission. 71. That the members first appointed shall serve respec- tively for terms of one, two (2) and three (3) years, divided equally or as nearly equally as possible between the members. 72. That thereafter members shall be appointed for terms of three (3) years each. 73. That vacancies shall be filled by appointment for the unexpired term. 74. That the members of such board shall serve without compensation. 75. That the board shall annually elect one of its members as chairman, and shall appoint a secretary who may be an officer or an employee of the city. 76. That the board shall adopt rules in accordance with the provisions of the ordinance creating the board. 77. That meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. 78. That the board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decision of the board and the vote upon each question. 79. That records of all official actions of the board shall be filed in its office and shall be a public record. 80. That the city may in ordinance creating such board, establish a scale of reasonable fees to be paid in advance by the party appealing. 81. That the board shall administer the details of appeals from or other matters referred to it regarding the appli- cation of the zoning ordinance as hereinafter provided. Supp. No.l6 1647 SALINA CODE 82. That the board shall fix a reasonable time for the hearing of an appeal or any other matter referred to it. 83. That the notice of the time, place and subject of such hearing shall be published once in the official city news- paper at least twenty (20) days prior to the date fixed for hearing. A copy of said notice shall be mailed to each party to the appeal and to each member of the metropolitan planning commission. 84. That appeals to the board may be taken by any person aggrieved, or by any officer of the city or any governmental agency or body affected by any decision of the officer ad- ministering the provisions of the zoning ordinance. 85. That such appeal shall be taken within a reasonable time, as provided by the rules of the board, after receipt of a written decision by the administrative officer by filing a notice of appeal specifying the grounds thereof and the payment of the fee required therefor. 86. That the officer from whom the appeal is taken, when notified by the board or its agent, shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. 87. That the board shall have power to hear and decide appeals where it is alleged there is error in any order, re- quirement, decision or determination made by an adminis- trative official in the enforcement of the zoning ordinance. 88. That upon appeal only, the board may also, when it shall deem the same necessary, grant variances and excep- tions to the zoning ordinance on the basis and in the manner hereinafter provided. (a) Variances: To authorize in specific cases a variance from the specific terms of the ordinance which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in unnecessary hardship, and provided that the spirit of the ordinance shall. be observed, pub- Supp. No. 16 1648 e APPENDIX BI-METROPOLITAN PLANNING COMMISSION e lie safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning ordinance in such district. A request for a variance may be granted in such a case, upon a finding by the board that all of the following conditions have been met: (1) That the variance requested arises from such con- dition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant; (2) That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents; (3) That the strict application of the provisions of the zoning ordinance of which variance is re- quested, wiU constitute unnecessary hardship upon the property owner represented in the application; (4) That the variance desired will not adversely affect the public health, safety, morals, order, conven- ience, prosperity, or general welfare; and (5) That granting the variance desired will not be opposed to the general spirit and intent of the zoning ordinance. e (b) Exceptions: The board may grant exceptions to the provisions of the zoning ordinance in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning ordinance. In no event shan exceptions to the provi- sions of the zoning ordinance be granted where the use or exception contemplated is not specifically listed as an exception in the zoning ordinance. Further, under no conditions shall the board of zoning appeals have the power to grant an exception when condi- tions of this exception, as established in the zoning ordinance by the governing body are not found to be present. SuPP. No. 16 1649 SALINA CODE 89. That in exercising the foregoing powers, the board, in conformity with the provisions of this act, may reverse or affirm, wholly or partly, or may modify the order, require- ment, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a permit. 90. That any person, official or governmental agency dis- satisfied with any order or determination of said board may appeal such decision within a reasonable time as provided by the rules of the board, to the board of city commissioners if the land involved is within the corporate limits of the city or to the board of county commissioners if the land involved is outside the corporate limits of the city or may bring any action in the district court of the county in which such property is located to determine the reasonableness of any such order or determination. 91. That any zoning ordinance regulations, rules and maps adopted by any city under the provisions of the act of which this act is amendatory, shall continue in force and effect as though adopted under the provisions of this act, until and unless the same is modified or a new zoning ordinance is adopted as provided in this agreement. 92. Nothing in the agreement shaIl be construed as obligat- ing the county to funding the metropolitan planning, nor shall it be construed as prohibiting any funding obligation of the county under subsequent agreements. 93. This agreement shall be in full force and effect upon approval by the attorney general of the State of Kansas. Supp. No. 16 [The next page is 1655] 1650 e APPENDIX C CITY -COUNTY EMERGENCY PREPAREDNESS BOARD e RESOLUTION NUMBER 3245 A RESOLUTION ESTABLISHING AN EMERGENCY PRE- P AREDNESS ORGANIZATION BETWEEN THE CITY OF SALINA, KANSAS, AND THE COUNTY OF SALINE, KAN- SAS; ESTABLISHING A SALINA-SALINE COUNTY EMER- GENCY PREPAREDNESS BOARD, PROVIDING FOR THE MANNER OF APPOINTMENT THEREOF AND DEFINING THE POWERS AND DUTIES OF SAID BOARD; CREATING THE POSITION OF COORDINATOR OF THE SALINA- SALINE COUNTY EMERGENCY PREPAREDNESS DE- PARTMENT AND DEFINING THE DUTIES THEREOF; PROVIDING FOR THE EMERGENCY PREPAREDNESS BOARD BUDGET AND EXPENDITURES; AND REPEAL- ING THE PROVISIONS OF RESOLUTION NUMBERS 2608 AND 2967. WHEREAS, the governing bodies of the City of Salina and C01.!nty of Saline, State of Kansas, deem it advisable to establish the Saline-Saline County Emergency Preparedness Department under the supervision of a Board in order that there may be close cooperation between various departments now and to be established in the City of Salina and the County of Saline; and WHEREAS, the Office of Civil Defense is hereby abolished and there is hereby established the Salina-Saline County Emergency Preparedness Department, to the extent provided in this Resolution, all of the powers, duties, and functions of such Civil Defense Office are hereby transferred to and con- ferred and imposed upon the Salina-Saline County Emergency Preparedness Department; and WHEREAS, the Salina-Saline County Emergency Prepared- ness Department and the powers, duties, and functions thereof e Supp. No. 20 1655 ~ 1 SALINA CODE ~ 2 shall be administered, under the supervision of the Salina- Saline County Emergency Preparedness Board, by the Coordi- nator, who shall be chief administrative officer thereof, and carry out the precepts, pronouncements, and basic policies in conformance with the Disaster Emergency Plan of the State of Kansas and the Division of Emergency Preparedness of the State of Kansas, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Sec. 1. Purposes. The declared purposes of this resolution are to provide 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 disaster. (Res. No. 3245, S 1,9-8-75) Sec. 2. Definitions. (a) Emergency preparedness. As used in this resolution, the term "emergency preparedness" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. (b) Disaster. As used in this resolution, the term "disaster" shall mean the occurrence or imminent threat of widespread or severe damage, inj ury 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. (Res. No. 3245, S 2,9-8-75) Supp. No. 20 1656 e e e ~ 3 APPENDIX C-EMERGENCY PRE'P AREDNESS BOARD ~ 3 Sec. 3. Organization of board. (a) There is hereby created a Salina-Saline County Emer- gency Preparedness Board, hereinafter referred to as the "board", which shall consist of five (5) members to be selected as follows: (1) The board of commissioners of the City of Salina, Kansas, 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 Saline County shall ap- point two (2) members, at least one of which shall be a county commission. 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 provided shall appoint a fifth member who shall serve for a term of two (2) years. If the four (4) members are unable to agree upon a fifth member, then the probate judge of Saline County shall appoint the fifth member by Jan- uary 20th. (b) The board shall organize annually on or before January 30th of each year. In the event of resignation or death of any member of the board, his position shall be filled by the original appointing body. (c) The members of the board shall serve without com- pensation, but shall be reimbursed for actual and necessary expenses incurred in connection with their duties. (d) The board shall be provided with appropriate 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 payable have Supp. No. 20 1657 t 3 SALINA CODE t 4 been designated. Provided, nothing herein shall be construed as requiring such authorization or designation where work is done by a regular 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. 4. Power and duties of the board. The Salina-Saline County Emergency Preparedness Board shall have the following powers and duties: (a) To employ an overall coordinator to supervise and co- ordinate the activities of all emergency preparedness in the city and county. Said coordinator shall have author- ity to make additional appointments, however, they shall be confirmed by the board before becoming ef- fective. (b) To adopt, amend, and repeal rules, regulations and by- laws governing its procedure and activities. (c) To supervise Salina-Saline County Emergency Prepared- ness Department and to cooperate with any federal and state agencies created and existing from time to time for the purpose of effectuating emergency preparedness. (d) To act jointly and cooperate with other emergency preparedness organizations. (e) To assist the division of emergency preparedness of the State .of Kansas and perform such services as re- quired. (f) To create boards and/or committees, either within or without its membership, to aid in the discharge of its power and duties. (g) To supervise and direct investigations and report to the governing bodies of the city and county and to the governor and adjutant general of the State of Kansas with recommendations for legislation, regula- tions or other appropriate action as it may deem Supp. No. 20 1658 e e e A 4 APPENDIX C-EMERGENCY PREPAREDNESS BOARD ~ 5 necessary with respect to the type of activity or mat- ters of public concern or welfare insofar as the same shall or may be related to defense and relief from the effects of man-made or natural disasters. (h) To request the cooperation and assistance of the agencies and officials of the City of Salina and County of Saline in the State of Kansas. (1) To confirm emergency plans and the expenditure of funds. (j) To exercise the legislative function. (Res. No. 3245, ~ 4,9-8-75) Sec. 5. Authority and duties of the coordinator of Salina-Saline County Emergency Preparedness Department. There is hereby created the position of coordinator of Salina-Saline County Emergency Preparedness Department. Such coordinator shall be employed by the board. The coordinator is hereby empowered: (a) 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 commis- sioners are in session, or, to issue such proclamation if the boards of city and county commissioners are not in session, subj ect to confirmation by the board of city and county commissioners at the earliest practicable time. (b) Through the city and city commissioners, to proclaim a state of disaster or a state of extreme emergency when in the opinion of the coordinator, local resources are inadequate to cope with the disaster. (c) To control and direct the effort of emergency prepared- ness in this city and county for the accomplishment of the purpose of this resolution. Supp. No. 20 1659 ~ 5 SALINA CODE ~ 7 (d) To coordinate the cooperation between divisions, serv- ices, and staff of the emergency preparedness effort of this city and county, and to resolve questions of authority that may arise between them. (e) To administer emergency preparedness pursuant to pro- grams and methods approved by the board. (f) To supervise the administrative functions of the Salina Saline County Emergency Preparedness Department. (g) To represent the Salina-Saline County Emergency Pre- paredness Department in all dealings with the public, private business and industry, and government agencies pertaining to emergency preparedness functions. (Res. No. 3245, ~ 5,9-8-75) Sec. 6. 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 powers of the coordinator, until such time as the coordi- nator reverts to his position or a new coordinator is employed by the board. In the event the assistant coordinator is unable to assume the duties 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. 7. Organization of emergency preparedness. All officials and employees of the city and county, 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 with duties incidental to the protection of life and property in the city and county during such disaster, shall constitute the emergency preparedness organization of the City of Salina and County of Saline, State of Kansas. (Res. No. 3245, ~ 7, 9-8-75) Supp. No. 20 1660 e e . ~ 8 APPENDIX C-EMERGENCY PRE.P AREDNESS BOARD ~ 10 Sec. 8. Budget and expenditures. The emergency preparedness board shall prepare a proposed budget estimating the amount of funds necessary to carry on the program of emergency preparedness, which budget shall be submitted 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 of Salina and County of Saline. 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. 9. Termination of board. The Salina-Saline County Emergency Preparedness Board shall terminate or cease activities whenever 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. Necessity declared. This resolution is hereby declared necessary for the preser- vation of the public peace, health and safety. (Res. No. 3245, ~ 10,9-8-75) Adopted by the Board of Commissioners and signed by the Mayor this 8th day of September, 1975. [The next page is 1687] Supp. No. 20 1661 e APPENDIX D CITY-COUNTY HEALTH DEPARTMENT* ARTICLE I. JOINT DEP ARTMENTt RESOLUTION NUMBER 1576 e JOINT RESOLUTION OF THE COUNTY OF SALINE, AND THE CITY OF SALINA IN SALINE COUNTY, KANSAS, ESTABLISHING BY RESOLUTION A JOINT CITY- COUNTY BOARD OF HEALTH, PRESCRIBING THE DUTIES, POWERS AND BUDGET OF SUCH BOARD. WHEREAS, the governing bodies of Saline County and of the City of Salina within Saline County, deem that the public health and sanitation of the county and city will be best pro- moted by the creation of a joint Board of Health in said County of Saline and the said City of Salina, State of Kansas. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Saline County and the City of Salina, State of Kansas, a quorum of each group being present and voting at their respective meetings: Sec. 1. Organization of joint city-county board of health. There is hereby created and established in and for the County of Saline and City of Salina, State of Kansas, a joint city-county board of health composed of eleven (11) members to be selected as follows: e *Cross references-For air pollution, see Ch. 4; for animals and fowl, ,;ee Ch. 8; for food and food handlers, see Ch. 14; for health and sani- tation generally, see Ch. 15; for housing, see Ch. 16; for mobile homes and mobile home courts, see Ch. 21; for municipal swimming pools, see ~ 25-15 et seq.; for private swimming pools, see ~ 25-29 et seq.; for refuse re~ulatlOns, see Ch. 31; for water and sewers, see Ch. 35. tEditor s note-Appendix D, Art. I, contains Resolution No. 1576, relating to the joint city-county health department, adopted by the city and county June 28, 1955. The editors have in some instances changed the catchlines in boldface type preceding sections to accurately reflect content. Also, clarifying words and phrases have been added in brackets [] where necessary. State Jaw reference-For joint bouds of health, see K.S.A. 65-205 et seq. Supp. No. 22 1687 ~ 1 SALINA CODE ~ 1 (a) Each of the three (3) members of the board of com- missioners of the County of Saline shall be members of the joint board during their term in office as county commissioners. (b) The mayor of the board of commissioners of the City of Salina shall appoint three (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. (c) The six (6) members from the county and city board of commissioners shall select five (5) additional mem- bers for the joint board, as follows: (1) From a list containing the names of two (2) or more doctors of medicine practicing within the corporate limits of the County of Saline, selected by the Saline County Medical Society, they shall appoint one member whose term shall expire July 1, 1979. (2) From a list containing the names of two (2) or more registered nurses having legal residence in and residing in the corporate limits of the County of Saline, selected by the Board of Directors of the District Nurses' Association of which the County of Saline is a part, they shall appoint one member whose term shall expire July 1, 1978. (3) From a list containing the names of two (2) or more dentists, practicing within the County of Saline, selected by the Salina Dental Society, they shall appoint one member whose term shall expire July 1, 1979. (4) From a list containing the names of two (2) or more doctors of veterinary medicine, practicing within the County of Saline, selected by Saline County Veterinary Medical Association, they shall appoint one member whose term shall expire July I, 1980. (5) They shall select one member at large, whose term shall expire July 1, 1977. Supp. No. 22 1688 e ~ 1 APPENDIX D-CITY-COUNTY HEALTH DEPARTMENT ~ 2 (6) 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. 3311, 3-14-77) Sec. 2. Powers and duties. (a) The joint city-county board of health shall determine and define the polici~s for the promotion of the public health and sanitation of the County of Saline and the City of Salina. (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 said e e Supp. No. 22 1688.1 e e . ~ 2 APPENDIX D-CITY-COUNTY HEALTH DEPARTMENT ~ 3 board and its health officer and director of the city-county health department, and it shall be his duty to develop and direct the program necessary to cause the policies established by the board under paragraph (a) above to be effective. (c) To adopt, amend and repeal rules, regulations and by- laws governing its procedure and activities. (d) All powers, duties and limitations as are now or here- after may be provided by law for creation and conduct of boards of health as now conferred by law upon local municipal or county boards of health. (e) All money provided for health and sanitation purposes by the boards of commissioners of Salina and Saline County shall, when collected, be paid over to the treasurer of the joint board in an amount not exceeding that budgeted by the said commissions for such purposes. The joint board of health shall have the exclusive control of the expenditures of all money paid to the credit of its treasurer for health and sanitation purposes, and the treasurer shall receive and pay all the money under the control of said board as ordered by it. (f) The joint board of health shall, during the first month of each year, file with the boards of commissioners of the City of Salina and Saline County a report of its activities and a statement of all receipts and expenditures during the preceding calendar year. Sec. 3. Officers. A chairman and vice chairman shall be elected by the joint board from its membership. A treasurer shall also be appoint- ed by the joint board. The health officer, director of the city-county health depart- ment, 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 aforesaid and until his successor is 1689 ~ 3 SALINA CODE ~ 5 elected and qualified, and shall give bond to be approved by the governing bodies of the said city and county commissions [sic], for the safekeeping and due disbursements of all funds that may come into his hands. Sec. 4. Budget and expenditures. The joint city-county board of health shall prepare a pro- posed annual budget estimating the amount of funds neces- sary to carryon public health activities, which budget shall be submitted to the boards of commissioners of Saline County and Salina, Kansas, not later than thirty (30) days before the proposed adoption by each of said boards. When the proposed budget is approved by each of the afore- said governing bodies, the funds necessary to meet the nec- essary expenditures shall be provided by the aforesaid gov- erning 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. Sec. 5. Termination of joint city-county board of health. The joint city-county board of health shall terminate and cease activity whenever either governing body adopts a reso- lution declaring its intention to withdraw from the agreement, and joint board of health shall give written notice thereof to the other governing body on or before July 15 of any fiscal year, and such withdrawal and dissolution shall become effec- tive at the end of such fiscal year. Any money remaining in the hands of the treasurer of the j oint board of health upon its dissolution shall be repaid to the respective treasurers of the governing bodies of the civil governments from which the joint board has its origin, in the same proportion in which the said governing bodies contributed during the last fiscal year. All other unexpended f'inancial contributions shall be returned to their respective donors. 1690 e e e ~ 6 APPENDIX D-CITY-COUNTY HEALTH DEPARTMENT Art. II Sec. 6. Effective date. This resolution shall take effect and be in force from and after the adoption by the governing bodies of the County of Saline and the City of Salina, State of Kansas. Adopted at Salina, Kansas, on thi'S 28th day of June 1955. Article II. Financial Agreement AGREEMENT It is hereby mutually agreed by and between the Board of Commissioners of the City of Salina, Kansas, and the Board of Commissioners of Saline County, Kansas, that the funds necessary to meet the expenditures of the joint city-county board of health 'Shall be provided as follows: (1) Pursuant to Chapter 285, Session Laws of Kansas for 1955, Saline County will levy a special tax of one- fourth (%,) mill in accordance with the provisions of General Statutes of 1949, Section 65-204 [K.S.A. 65- 204], as amended. Moneys thus appropriated together with all fees collected for direct service by the Saline County Guidance Center shall be used as necessary to provide the total approved budget of the Saline County Guidance Center. (2) Fees received by the joint city-county board of health from direct service in the enforcement of the City of Salina milk ordinance shall be deposited with the treasurer of the City of Salina. (3) The County of Saline shall appropriate for general public health an amount equal to one-half (112) the approved joint city-county board of health general pub- lic health budget less an amount equal to one-half (%) the amount collected for direct service in the enforce- ment of the City of Salina milk ordinance and deposited with the city treasurer during the preceding year. (4) The City of Salina shall appropriate for general public health an amount equal to one-half (%) the approved 1691 Art. II SALINA CODE Art. II joint city-county board of health general public health budget plus an amount equal to one-half (1!2) the amount collected for direct service in the enforcement of the City of Salina milk ordinance and deposited with the city treasurer during the preceding year. WITNESS our signatures on this Agreement in our repre- sentative capacity on this 12th day of January, 1960. [The next page is 1717] 1692 e e e APPENDIX E FRANCHISES* Article I. Gas and Electricityt (Published in the Salina Journal June 23, 1967) ORDINANCE NO. 6981 AN ORDINANCE, GRANTING TO THE KANSAS POWER AND LIGHT COMPANY, A KANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 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. That in consideration of the benefits to be de- rived by the City of Salina, Kansas, and its inhabitants, there is hereby granted The Kansas Power and Light Company, a Kansas corporation, hereinafter sometimes designated as "Company", said Company being a cor- poration 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 19th day of June, 1967 to occupy and use the several streets, avenues, alleys, bridges, parks, parkings, and public places of said City, for the placing and maintain- ing of equipment and property necessary to carryon the business of selling and distributing electricity for all purposes to the City of Salina, Kansas, and its *Cross reference-For public utilities generally, see Ch. 30. tEditor's note-Ordinances Nos. 6981 and 6982 superseded Ord. No. 5364, adopted March 28, 1949, published March 30, 1949, and effective for a period of 20 years thereafter, granting to the Kansas Power and Light Company an electric and natural gas franchise, and said Ordinances Nos. 6981 and 6982 have therefore been insterted in Article I of Appendix E in lieu of said Ord. No. 5364. sUPP. No.3 1717 Art. I. ~ 1 SALINA CODE Art. I, ~ 6 inhabitants, and through said City and beyond the limits thereof; to obtain said electricity from any source available; and to do all things necessary or proper to carryon said business in the City of Salina, Kansas. Section 2. 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 per cent (3%) of its gross revenue from all sales of electric energy within the corporate limits of said City, such payment to be made monthly for the preceding monthly period. In event Company shall hereafter agree to pay any other city supplied with electricity by Com- pany, any percentage of gross revenue in excess of the percentage herein provided, Company, at the request of the City, shall increase the percentage to be paid to the City hereunder to the same percentage agreed to be paid such other city. Any such increase in percent- age shall be effective from and after the next payment date following said request by the City. Section 3. That the 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 or property, and shall hold and save harmless the City of Salina, Kansas, from any and all damage, inj ury and expense caused by the sole negligence of said Company, its successors and assigns, or its or their agents or servants. Section 4. That within sixty (60) days from and after the passage and approval of this ordinance, said Company shall file with the City Clerk of said City of Salina, Kansas, its unconditional written acceptance of this ordinance. Section 5. That any and all ordinances in conflict with the terms hereof are hereby repealed. Section 6. That this ordinance shall become effective and be in force and shall be and become a binding contract Supp. No.3 1718 e Art. I, ~ 6 APPENDIX E-FRANCHISES Art. I, ~ 1 between the parties hereto, their successors and as- signs, from and after its passage, approval, publication as required by law, and acceptance by Company. Section 7. This franchise is granted pursuant to the pro- visions of K.S.A. 12-824. Passed and approved this 19th day of June, 1967. (Published in the Salina Journal June 23, 1967) e ORDINANCE NO. 6982 AN ORDINANCE GRANTING TO THE KANSAS POWER AND LIGHT COMPANY, A KANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NATURAL GAS FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCON- SISTENT WITH OR CONFLICTING WITH THE TERMS THEREOF. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS: Section 1. That the consideration of the benefits to be derived by the City of Salina, Kansas, and its inhabi- tants, there is hereby granted to the Kansas Power and Light Company, hereinafter sometimes designated as "Company", said Company being a Kansas corpora- tion operating a system for the transmission of electric current between two or more incorporated cities in the State of Kansas, and also operating a system for the transmission and distribution of natural gas in the State of Kansas, the right, privilege and authority for a period of twenty (20) years from the 19th day of June, 1967, to occupy and use the several streets, ave- nues, alleys, bridges, parks, parkings, and public places of said City for the placing and maintaining of pipe lines and other equipment necessary to carry on the business of selling and distributing natural gas for all purposes to the City of Salina, Kansas, and its inhabi- tants, and through said City and beyond the limits thereof; to obtain said natural gas from any source e SuPp. No.3 1719 Art. I, ~ 1 SALINA CODE Art. I, ~ 5 available, and to do all things necessary or proper to carryon said natural gas business in the City of Salina, Kansas. Section 2. 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 of Salina, Kansas, two per cent (2 '10) of its gross revenue from the sale of natural gas during the term of this franchise to all consumers within the corporate limits of the said City. Such payment shall be made monthly for the preceding monthly period after the effective date of this franchise. In event Company shall hereafter agree to pay any other city supplied with natural gas by Company, any percentage of gross revenue in excess of the percentage herein provided, Company, at the request of the City, shall increase the percentage to be paid to the City hereunder to the same percentage agreed to be paid such other city. Any such increase in percentage shall be effective from and after the next payment date following said request by the City. Section 3. That all mains, services and pipe which shall be laid or installed under this grant shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers or other structure already in- stalled. Section 4. Company shall, in the doing of any work in connection with its said gas mains, pipes and services, avoid, so far as may be practicable, interfering with the use of any street, alley, avenue or other public thoroughfare, and where Company disturbs the sur- face of a street, alley, avenue or other public thorough- fare, it shall at its own expense and in a manner satisfactory to the' duly authorized representatives of the City replace such paving or surface in substantially as good condition as before said work was commenced. Section 5. It is recognized that the natural gas to be deliver- ed hereunder is to be supplied from a pipe line system transporting natural gas from distant sources of supply; and the Company, by its acceptance of this Supp.No.3 . 1720 - e e Art. I, S 5 APPENDIX E-FRANCHISES Art. II franchise as hereinafter provided, does obligate itself to furnish natural gas in such quantity and for such length of time, limited by the terms hereof, as the said sources and said pipe lines are reasonably capable of supplying. Section 6. 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 or expense caused by the sole negligence of said Company, its successors and assigns, or its or their agents or servants. Section 7. That within sixty (60) days from and after the passage and approval of this ordinance, Company shall file with the City Clerk of the City of Salina, Kansas, its unconditioned written acceptance of this ordinance. Section 8. That this ordinance shall become effective and be in force and shall be and become a binding contract between the City of Salina, Kansas, and The Kansas Power and Light Company, its successors and assigns, after its passage, approval and publication as required by law, and acceptance by said Company. Section 9. This franchise is granted pursuant to the pro- visions of K.S.A. 12-824. Section 10. That any and all ordinances or parts of ordi- nances in conflict with the terms hereof are hereby repealed. Passed and approved this 19th day of June, 1967. Article II. Motor Buses (Published in the Salina Journal August 12th, 19th, & 20th, 1964.) ORDINANCE NUMBER 6803 AN ORDINANCE GRANTING TO DONALD L. TUCKER A FRANCHISE FOR THE OPERATION OF MOTOR BUSES IN THE CITY OF SALINA, KANSAS. SUPP. No.3 1720.1 Art. II. ~ 1 SALINA CODE Art.II.~l Be it ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. Pursuant to the authority granted under Chapter 12-2001 and 2002 of the 1961 Supplement of the Gen- eral Statutes of Kansas, 1949, there is hereby granted to Donald L. Tucker, and his assigns, hereinafter des- ignated as grantee, a franchise for the operation of a system of motor buses for the transportation of per- sons for hire over, upon, along and across the following streets in the City of Salina, Kansas. ROUTE 1 Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence south on Santa Fe Avenue to Claflin A venue; thence west on Claflin Avenue to Highland Avenue; thence south on Highland Avenue Supp. No. II 1720.2 e Art. II, S 1 APPENDIX E-FRANCHISES Art. II, Sl to Cloud Street; thence east on Cloud Street to Larson Street; thence south on Larson Street to Leslie A venue; thence west on Leslie Avenue to Highland Avenue; thence north on Highland Avenue to Charlotte Street; thence west on Charlotte Street to Ninth Street; thence north on Ninth Street to Minneapolis Avenue; thence east on Minneapolis Avenue to Santa Fe Avenue; thence north on Santa Fe Avenue to Walnut Street; thence west on Walnut Street to Seventh Street: thence north on Seventh Street to Ash Street; thence east on Ash Street to Santa Fe Avenue; thence south on Santa Fe Avenue to point of beginning. ROUTE 2 e Beginning at the intersection of Santa Fe Avenue and Iron A venue; thence west on Iron A venue to Seventh Street; thence north on Seventh Street to Ash Street; thence east on Ash Street to Santa Fe Avenue; thence north on Santa Fe A venue to Otis Avenue; thence east on Otis A venue to F1ifth Street; thence north on Fifth Street to Euclid Avenue; thence west on Euclid Avenue to Ninth Street; thence south on Ninth Street to Grand Avenue; thence west on Grand Avenue to Twelfth Street; thence south on Twelfth Street to Bishop Street; thence west on Bishop Street to Thirteenth Street; thence south on Thirteenth Street to Elm Street; thence east on Elm Street to Santa Fe Avenue; thence south on Santa Fe Avenue to point of beginning. ROUTE 3 e Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence west on Iron Avenue to Sev- enth Street; thence north on Seventh Street to Ash Street; thence east on Ash Street to Fifth Street; thence south on Fifth Street to Iron Avenue; thence east on Iron Avenue to Oakdale Avenue; thence south on Oakdale Avenue to Kenwood Park; thence through Kenwood Park to Front Street; thence south on Front Street to McAdams Road; thence east on McAdams Road to Roach Street; thence south on Roach Street 1721 Art. II, ~ 1 SALINA CODE Art.Il,~ 1 to Belmont Boulevard; thence west on Belmont Boule- vard to Wesley Street; thence north on Wesley Street to Leslie Avenue; thence east on Leslie Avenue to N orton Street; thence north on Norton Street to Cloud Street; thence west on Cloud Street to Osborne Street; thence north on Osborne Street to Republic Avenue; thence east on Republic A venue to Front Street; thence north on Front Street to Crawford Street; thence east on Crawford Street to Ohio Street; thence north on Ohio Street to Westchester Drive; thence east on West- chester Drive to Delaware Avenue; thence north on Delaware Avenue to Gypsum Avenue; thence west on Gypsum Avenue to Front Street; thence north on Front Street to Iron Avenue; thence west on Iron Ave- nue to point of beginning. ROUTE 4 Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence west on Iron Avenue to Sev- enth Street; thence north on Seventh Street to Ash Street; thence east on Ash Street to Fifth Street; thence south on Fifth Street to Iron Avenue; thence east on Iron Avenue to Crestview Drive; thence east on Crestview Drive to Hilldale Road; thence south on Hilldale to Melrose Lane; thence west on Melrose Lane to Knollcrest; thence west on Knollcrest to Marymount Road; thence south on Marymount Road to Glen A ve- nue; thence east on Glen Avenue to Beechwood Road; thence 'South on Beechwood Road to N orthwood Lane; thence west on N orthwood Lane to Marymount Road; thence south on Marymount Road to Starlight Drive; thence west on Starlight Drive to Claremont Drive; thence north on Claremont Drive to Ruskin Road; thence east on Ruskin Road to Marymount Road; thence north on Marymount Road to Iron Avenue; thence west on Iron A venue to Ohio Street; thence north on Ohio Street to Ash Street; thence west on Ash Street to Des Moines Avenue; thence north on Des Moines Avenue to Elm Street; thence west on Elm Street to Penn Avenue; thence south on Penn Avenue 1722 e e e Art. II, ~ 1 APPENDIX E-FRANCHISES Art.II,~2 to Johnstown Avenue; thence west on Johnstown Ave- nue to Oakdale Avenue; thence north on Oakdale Ave- nue to Ash Street; thence west on Ash Street to Santa Fe Avenue; thence south on Santa Fe Avenue to point of beginning. ROUTE 5 Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence west on Iron Avenue to Col- lege Avenue; thence south on College Avenue to Pres- cott Avenue; thence east on Prescott Avenue to Twelfth Street; thence south on Twelfth Street to Custer Street; thence south on Custer Street to Republic A venue; thence east on Republic Avenue to Pershing Street; thence south on Pershing Street to Hageman Avenue; thence south on Hageman Avenue to Garden Avenue; thence west on Garden Avenue to Haskett Avenue; thence north on Haskett Avenue to Cloud Street; thence west on Cloud Street to Beach Street; thence north on Beach Street to Oak Circle; thence east on Oak Circle to Oak Street; thence north on Oak Street to Pawnee Avenue; thence east on Pawnee Avenue to Osage Avenue; thence north on Osage Avenue to Re- public Avenue; thence west on Republic Avenue to Cherokee Drive; thence north on Cherokee Drive to Crawford Avenue; thence east on Crawford Avenue to Twelfth Street; thence north on Twelfth Street to Prescott Avenue; thence west on Prescott Avenue to Phillips Street; thence north on Phillips Street to Iron Avenue; thence east on Iron Avenue to Seventh Street; thence north on Seventh Street to Ash Street; thence east on Ash Street to Santa Fe A venue; thence south on Santa Fe Avenue to point of beginning. PROVIDED, That any two (2) or more of said routes may be combined, and that any or all of the said routes may be transversed' in the reverse direction. ( Ord. No. 6840, S 1, 12-28-64) Section 2. That, with the consent and approval of the gov- erning body of the City of Salina, said grantee shall also have the right to change, alter, Ot' abandon said 1723 Art. II, ~ 2 SALINA CODE Art. II, S 8 routes hereinabove described, and to establish, oper- ate and abandon such additional routes as may be deemed necessary or proper from time to time for the purpose of furnishing the citizens of Salina convenient and adequate transportation facilities to, and from all parts of said city; and also, for such purposes, to oper- ate buses temporarily over such routes and to such parts of said city as may be designated by the gov- erning body of said city. Section 3. That no bus service shall be extended under this franchise on Sundays or holidays. Section 4. That the grantee shall operate buses from 6 :30 a.m. to 6 :30 p.m. on headways of not less than one hour frequency, but may operate buses for a longer period of time and for more frequent headways if they so desire: Provided however, that 'Such hours of service and frequency of headways shall not apply to the air base route. Section 5. That the rights and privileges hereby granted for the operation of motor buses shall continue for the term and period of ten (10) years from the effective date hereof. Section 6. That the motive power for said motor buses shall be internal combustion engines using gasoline or other suitable fuel or electric motors: Provided however, that in the event of the discovery of any new motor power suitable for such purposes, said grantee may use the same in the operation of said buses. Section 7. That all motor buses operated by said grantee under this franchise shall be operated subject to the provision of any traffic ordinances of said city now in force, or hereafter enacted, so far as the same refer to motor vehicles: Provided however, that said buses shall have precedence over all other vehicles, except fire and police department vehicles and ambulances. Section 8. That the rate or fare for a passenger upon any regular line or route of said motor buses shall not exceed twenty-five cents ($0.25) for each passenger for one continuous passage in the same direction within 1724 - e Art.n, ~ 8 APPENDIX E-FRANCHISES Art. II, ~ 13 the limits of said city, and said grantee shall furnish such transfers as shall be necessary to accomplish this result. Section 9. That said grantee shall equip its line with buses, properly lighted and heated to provide for the comfort and safety of its passengers, and shall keep the same in good state of repair. Said buses shall stop for the purpose of receiving and discharging passengers im- mediately before and after passing street intersections. Section 10. That said grantee shall carry insurance upon its operating equipment of at least $50,000 covering liability for personal injury to anyone person in any one accident, $100,000 covering liability for personal injury to any two (2) or more persons for anyone accident, and $10,000 covering liability on property damage resulting from anyone accident. Section 11. That in consideration of and as compensation for the franchise hereby granted and in Heu of all occupation and license taxes, or other taxes imposed by said city, the grantee shall pay said city each year the sum of $10.00 per year per bus for the number of buses regularly operated on the established routes of said grantee, including the regular bus, if any, serving the Schilling Air Force Base, using in part the public streets of the City of Salina. Such sum shall be paid by the grantee to the city on or before the first day of January of each year; provided however, that the payment for the period from July 1, 1965, to December 31, 1965, shall be one-half (112) of the above rate. (Ord. No. 6864, ~ 1, 7-12-65) Section 12. That this ordinance shall not be effective unless within thirty days after this ordinance is finally passed said grantee shall file with the city clerk of the City of Salina, Kansas, its acceptance in writing of the terms, conditions and provisions hereof. Section 13. Grantee by accepting the provisions of this ordinance hereby agrees to hold the city harmless from any and all claims for damages and suits for damages growing out of or resulting from the operation 1725 Art. II, ~ 13 SALINA CODE Art. II, ~ 19 of motor buses of the grantee in said city except such as may result from or be caused by the act of said city or its agents, servants or employees. Section 14. That this ordinance shall take effect and be in force from and after its final passage, approval and publication according to law, and upon the grantee's compliance with the provisions of Section 12 of this ordinance. Section 15. That the franchise hereby granted may be trans- ferred and assigned by the grantee herein or its as- signs; and that in the event of such assignment all of the rights and privileges herein granted and all of the obligations hereby imposed shall inure to the benefit of and be binding upon such assignee or assignees. Section 16. The city shall cause to be set aside as bus zones certain parts of streets along the route of said bus system for adequate accommodation of said buses in taking on and unloading passengers. Section 17. The City of Salina or the grantee shall each have the right to terminate this franchise by giving the other written notice of termination at least sixty (60) days in advance of the date set for termination. The actual discontinuance of such service in said city by the grantee for a continuous period of ten (10) days or more shall, except where caused by civil riot, strikes, acts of God, or some other such cause beyond the con- trol of the grantee or assignee, operate as a forfeiture, and all rights and privileges granted under this ordi- nance shall thereupon be terminated. Section 18. In the event any part or parts of this ordinance shall be determined to be invalid, such determination of invalidity shall not affect any other portion of this ordinance. Section 19. That all ordinances or parts of ordinances in conflict herewith be and same are hereby repealed. Passed and approved by the Governing Body of the City of Salina, Kansas, this 3rd day of August, 1964. 1726 e e e Art. III, ~ 1 APPENDIX E-FRANCHISES Art. III, ~ 1 ARTICLE III. TELEVISION ANTENNA (First Published in The Salina Journal March 3, 1977) ORDINANCE NUMBER 8544 AN ORDINANCE OF THE CITY OF SALINA, KAN- SAS, GRANTING TO SALINA CABLE T.V. SYSTEM, INC., A CORPORATION, ITS SUCCESSORS, LESSEES AND ASSIGNS, \ FOR A TERM OF FIFTEEN (15) YEARS, THE RIGHT, AUTHORITY, POWER AND FRANCHISE TO ESTABLISH, CONSTRUCT, ACQUIRE, MAINTAIN AND OPERATE A COMMUNITY ANTEN- NAE AND CLOSED-CIRCUIT ELECTRONIC SYSTEM WITHIN THE CITY OF SALINA, KANSAS, TO REN- DER, FURNISH AND SELL COMMUNITY ANTEN- NAE AND CLOSED-CIRCUIT ELECTRONIC SERVICE THEREFROM WITHIN THE CITY OF SALINA, KAN- SAS, AND ENVIRONS THEREOF, AND TO USE AND OCCUpy THE STREETS AND OTHER PUBLIC PLACES OF THE CITY OF SALINA, KANSAS, FOR SUCH COM- MUNITY ANTENNAE AND CLOSED-CIRCUIT ELEC- TRONIC SYSTEM; AND REPEALING ORDINANCE NUMBER 6291. Be it Ordained by the Governing Body of the City of Salina, Kansas: Section 1. 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 compe- tent to provide community antennae 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 successors, lessees, and assigns, pursuant to K.S.A. 12-2006-14 for the full term of fifteen (15) years from the date hereof, the Supp. No. 22 1727 Art. III, ~ 1 SALINA CODE Art. III, ~ 2 nonexclusive right, authority, power and franchise to establish, construct, acquire, maintain and operate a community antennae and closed-circuit electronic sys- tem within the City of Salina, Kansas (hereinafter called the "city"), to render, furnish, and sell commu- nity antennae and closed-circuit electronic service from such system to the inhabitants of the city and its envi- rons, 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 commu- nity antennae and closed-circuit electronic system, in- cluding the right to enter and construct, erect, locate, relocate, repair and rebuild in, on, under, along, over and across the streets, alleys, avenues, parkways, lanes, bridges and other public places of the city, all towers, poles, cables, amplifiers, conduits, and other facilities owned, leased or otherwise used by the grantee for the furnishing of community antennae and closed-circuit electronic service within the city and environs thereof during the continuance of the franchise hereby granted. Section 2. Any pavements, sidewalks, or curbing taken up or any and all excavations made by the grantee shall be done under the supervision and direction of the gov- erning 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 inconven- ience 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 condition as before, with all convenient speed, by and at the expense of the grantee, which shall at all times make and keep full and complete plats, maps and records showing the exact 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 fix- tures, 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, Supp. No. 22 1728 e e e Art. III, ~ 2 APPENDIX E-FRANCHISES Art. III, ~ 4 and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. Section 3. It is expressly understood and agreed by and between the grantee and the city that the grantee shall save the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever, including legal fees incurred, resulting from negligence on the part of the grantee in the construction, operation, or maintenance of its elec- tric system in the city. The city shall notify the grantee's 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 as directed by the city and will provide thirty (30) days notice to the city of cancellation of the insurance policy. Section 4. The grantee shall have the authority to promul- gate such rules, regulations, terms and conditions of its business as shall be reasonably necessary to enable the grantee to exercise its rights and perform its services under this franchise and to assure an uninterrupted service to each and all of its customers. The grantee shall have the right and power to fix, charge, collect and receive reasonable rates for community antennae and closed-circuit electronic service furnished within the corporate limits of the city; provided however, the grantee shall file with the city a schedule of its pro- posed rates and charges for its proposed services, which such rates and charges shall be established as maximum rates for its services and may not be exceeded without the approval of the governing body of the city; provided further however, 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. SuPp. No. 22 1729 Art. III, ~ 5 SALINA CODE Art. III, ~ 10 Section 5. The city reserves the right of reasonable regula- tion of the erection, construction or installation of any facilities by the grantee and to reasonably designate where such facilities are to be placed within the public ways and places. Section 6. The grantee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the mov- ing of buildings. The expense of such temporary re- moval, raising or lowering of wires shall be paid by the person requesting the same and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such tempo- rary wire changes. Section 7. The grantee shall have the authority to trim trees upon the overhanging streets, alleys, sidewalks 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 grantee, all trimming to be done under the supervision and direction of the city and at the expense of the grantee. Sectio'n 8. 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 relocate its poles, wires, cables, underground conduits, manholes and other telephone fixtures at its own expense. Section 9. The grantee shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the city, and to such reasonable regu- lation as the city shall hereafter, by resolution or ordi- nance, provide. Section 10. In consideration for the rights, privileges, and franchise hereby granted, and as compensation to the city for the use of its public ways and places by the Supp. No. 22 1730 e e e Art. III, ~ ~10 APPENDIX E-FRANCHISES Art. III, ~ 11 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 effective, pay to the city a sum equal to three (3) per cent of the gross receipts from the sale of community 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, respec- tively. The term "gross receipts" as applied to sales of community antennae and closed-circuit electronic service, as used in this section, shall include service sold for domestic or residential consumption, and serv- ice for commercial or industrial consumption, provided, however, pursuant to the rules and regulations of the Federal Communications Commission there shall be ex- cluded revenues from "ancillary" or "auxiliary" serv- ices such as advertising, leased channels and program- ming supplied on a per program or per channel charge basis, or refunds or credits made to subscribers. Simi- larly, there shall not be included service to educational institutions not operating for profit, churches, and charitable institutions, as such users are construed by the United States Department of Internal Revenue Serv- ice under current revenue acts. Section 11. The grantee shall maintain a local business office for the purpose of providing service hereunder and for the investigation and resolution of all complaints re- garding community antennae or closed-circuit electronic service pursuant to procedures adopted by the city and grantee, for his purpose, from time to time. The city manager, or his designee, shall have primary responsi- bility for the continuing administration of this franchise and implementation of complaint procedures, and the grantee shall notify 6al2h subscriber of the procedures for reporting and resolving complaints at the time of initial subscription. Supp. No. 22 1731 Art. III, ~ 12 SALINA CODE Art. III, ~ 16 Section 12. As an inducement to grantee to continue to im- prove 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 opera- tion has been satisfactory. Section 13. It shall be the policy of the city to amend this franchise upon application of the grantee, when neces- sary to enable the grantee to take advantage of any developments in the field of transmission of television and radio signals which will afford it an opportunity to more effectively, efficiently or economically serve its customers, and any modifications required by the amendment of the rules and regulations of the Federal Communications 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 obligatory date is estab- lished, within one year of the adoption of such modifi- cation or at the time of the renewal of this franchise, whichever first occurs. Section 14. 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 indicating and describing the exact location of all of its lines and facil- ities within the city streets, alleys and public ways, including underground cables and equipment. Grantee shall annually thereafter 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 dur- ing the past calendar year. Section 15. Grantee shall assume all costs incurred by the city for publication of this ordinance. Section 16. Ordinance Number 6291 is hereby repealed as of the effective date of this ordinance. Supp. No. 22 1732 e e e Art. III, ~ 17 APPENDIX E-FRANCHISES Art. IV, ~ 1 Section 17. All provisions of this ordinance shall be binding upon the grantee and all successors, lessees and assigns of the grantee whether expressly stated herein or not, and all the rights, authorities, powers, grants and privi- leges secured by this ordinance to the grantee shall be held to insure to the benefit of the grantee and all successors, lessees and assigns of the grantee. Sedion 18. This franchise herein granted shall be subject to the applicable provisions of K.S.A. 12-2006-14. Section 19. This ordinance shall not take effect until pub- lished in the official city newspaper once a week for three (3) consecutive ~eks and until after the expira- tion of sixty (60) days from the date of final passage; provided however if a sufficient petition is filed and a referendum held on the ordinance as provided in K.S.A. 12-2001 in which case the ordinance shall become effec- tive 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. TELEPHONE (Published in the Salina Journal February 1, 1959) ORDINANCE NO. 6296 AN ORDINANCE DEFINING THE MANNER AND PLACE OF CONSTRUCTION OF THE LINES OF THE SOUTHWESTERN BELL TELEPHONE COMPANY AND PROVIDING FOR AN ANNUAL PAYMENT TO BE MADE TO THE CITY OF SALIN A, KANSAS. Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: Sectwn 1. The Southwestern Bell Telephone Company, its successors and assigns (herein referred to as "tele- Supp. No. 22 1732.1 Art. IV, ~ 1 SALINA CODE Art. IV, ~ 2 phone company") shall continue to operate its tele- phone system and all business incidental to or connected with the conducting of a telephone business and system in the City of Salina, State of Kansas (herein referred to as "city"). The plant construction and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the telephone company in said city shall 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 telephone company in the conduct of its business, and said telephone com- pany shall continue to exercise its right to place, re- move, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time require, along, across, or over, through, above and under all the public streets, ave- nues, 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. That the telephone company shall pay to the City of Salina, the sum of twelve cents ($0.12) per month for each main telephone stations located within the corporate limits of said city on the first day of January, 1964, for the period of January first to De- cember thirty-first, .1964, inclusive, and a like sum thereafter for a like period on the first day of January 1965, 1966, 1967, and 1968, being a five (5) year term ending December thirty-first, 1968, and for successive terms of like duration unless within sixty (60) days Supp. No. 22 1732.2 e e e Art. IV, ~ 2 APPENDIX E-FRANCHISES Art. IV, II 5 prior to the expiration of any five (5) year term, sixty (60) days notice is given by one party to the other of its intention to terminate the same at the expiration of the then current five (5) year term it being ex- pressly understood that each five (5) year term pro- vides for five (5) annual payments; said payments to be in lieu of all other licenses, charges, fees or impositions (other than the usual, general or special ad valorem taxes) which might be imposed by the city on the authority conferred by law. The telephone com- pany shall have the privilege of crediting such sums with any unpaid balance due said company for tele- phone service rendered or facilities furnished to said city. For the purposes of payment hereunder for any given year the number of such stations shall be deter- mined to be the number of main stations in the City of Salina, on December thirty-first; the city shall have full right to audit any and all of the company's records at any time to determine the validity of the number of said main stations. (Ord. No. 68744, S 1, 10-21-63) Section 3. The telephone company on the request of any person shall remove or raise or lower its wires tem- porarily to permit the moving of houses or other struc- tures. 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 com- pany may require such payment in advance. The tele- phone company shall be given not less than forty-eight (48) hours' advance notice to arrange for such tem- porary wire changes. Section 4. Permission is hereby granted to the telephone company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said city so as to prevent the branches of such trees from coming in contact with the wires and cables of the telephone company, all the said trimmings to be done under the supervision and direction of any city official to whom said duties have been or may be delegated. Section 5. Nothing in this ordinance shall be construed to require or permit any telephone, electric light, or power 1733 Art. IV, ~ 5 SALINA CODE Art. IV, ~ 8 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 he a pre- requisite to such attachments. Section 6. Nothing herein contained shall be construed as giving to the telephone company any exclusive privi- leges, nor shall it affect any prior or existing rights of the telephone company to maintain a telephone sys- tem within the city. Section 7. All other ordinances and agreements and parts of ordinances and agreements relating to the operation of a telephone system within said city are hereby re- pealed. Section 8. The said telephone company shall have sixty (60) days from and after its passage and approval to file its written acceptance of this ordinance with the city clerk, and upon such acceptance being filed, this ordi- nance shall be considered as taking effect and being in force from and after the date of its passage and approval by the mayor. Approved this 27th day of January, 1959. [The next page is 1759] 1734 e e e APPENDIX F CHARTER ORDINANCES (Published in the Salina Journal, April 2, 1965) ORDINANCE NO.1 CHARTER ORDINANCE EXEMPTING THE CITY OF SALIN A, KANSAS, FROM K.S.A. 79-1951 AND PROVID- ING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AUTHORIZING AND LIMITING TAX LEVIES IN ANY ONE YEAR ON EACH DOLLAR OF ASSESSED TANGIBLE VALUATION AND PRESCRIB- ING AN AGGREGATE LIMIT FOR ALL CITY WIDE TAX LEVIES. [Charter Ordinance No. One was amended and repealed by Charter Ordinance No. Three, set out hereinafter.] (Published in the Salina Journal April 15, 1966) CHARTER ORDINANCE NUMBER 2 A CHARTER ORDINANCE EXEMPTING THE CITY OF SALIN A, KANSAS, FROM THE PROVISIONS OF K.S.A. 17-4754 AND PROVIDING SUBSTITUTE AND ADDI- TION AL PROVISIONS ON THE SAME SUBJECT; DE- FINING THE POWERS OF THE CITY FOR THE PURPOSE OF AIDING IN THE PLANNING, UNDERTAKING AND CARRYING OUT OF THE URBAN RENEWAL PROJECTS LOCATED WITHIN THE CITY AND PROVIDING THE PROCEDURE FOR THE ISSUANCE AND SALE OF GEN- ERAL OBLIGATION BONDS OF THE CITY FOR THE PUR- POSE OF UNDERTAKING OR CARRYING OUT OF AN URBAN RENEWAL PROJECT OF THE CITY. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALIN A, KANSAS: Section 1. 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 Consti- 1759 Ord. 2, ~ 1 SALINA CODE Ord. 2, ~ 2 tution 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. The governing body of the City of Salina, Kansas, is hereby authorized and empowered for the purpose of aiding in the planning, undertaking or carrying out of any urban renewal project within its corporate limits, upon such terms, with or without consideration, as it may determine: (a) Dedicate, sell, conveyor lease any of its interest in any property or grant easements, licenses or other rights or privileges therein to a municipality; (b) Incur the entire expense of any public improve- ments' made by such public body in exercising the powers granted in this section; (c) Do any and all things necessary to aid or cooper- ate in the planning or carrying out of an urban renewal plan; (d) Lend, grant or contribute funds to a municipality; (e) Enter into agreements (which may extend over any period, notwithstanding any provision 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 furnishing of funds or other as- sistance in connection with an urban renewal proj- ect, and (f) Cause public buildings and public facilities in- cluding parks, playgrounds, recreational, com- munity, education, water, sewer or drainage facili- ties, or any other works which it is otherwise empowered to undertake to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways or other places; plan or replan, zone or rezone any part of the public body or make exceptions from building regulations; and cause administrative and other services to be furnished to the municipality. 1760 e e . Ord. 2, ~ 2 APPENDIX F-CHARTER ORDINANCES Ord. 2, ~ 5 If at any time title to or possession of any urban renewal project is held by any public body or gov- ernmental agency, other than the municipality, which is authorized by law to engage in the under- taking, carrying out, or administration or urban renewal projects (including any agency or instru- mentality 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 "mu- nicipality" 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. Any sale, conveyance, lease or agreement, pro- vided for in this ordinance may be made by the govern- ing body without appraisal, public notice, advertise- ment or public bidding. Section 4. For the purpose of aiding in the planning, under- taking or carrying out of an urban renewal project of an urban renewal agency, the governing body may (in addition to its other powers and upon such terms, with or without consideration, as it may determine) do and perform any or all of the actions or things which by the provisions of Section 1 of this ordinance, the gov- erning body is authorized to do or perform, including the furnishing of financial and other assistance. Section 5. For the purposes of this ordinance, or for the purpose of aiding in the planning, undertaking or carry- ing out of an urban renewal project within the city, the governing body may (in addition to any authority to issue bonds pursuant to K.S.A. 17-4751) issue and sell its general obligation bonds: Provided, that before any general obligation bonds may be issued under the urban renewal law, the city shall adopt a resolution, finding and declaring it necessary to issue such bonds, which resolution 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 1761 Ord. 2, ~ 5 SALINA CODE Ord. 3 relating to the provisions for protest as hereinafter 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 municipality, as determined by the vote cast for secretary of state at the last pre- ceding general election, is filed with the city clerk, the bonds shall not be issued, unless the governing body calls an election within the time and in the man- ner prescribed by K.S.A. 10-120 or any amendments thereto, and the proposition shall receive the favorable vote of a majority of the votes cast on the proposition. Section 6. This ordinance shall be published once a week for two (2) consecutive weeks in The Salina Journal, the official city newspaper. Section 7. 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 ref- erendum 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 ef- fective, if approved by a majority of the electors voting thereon. Adopted b' the governing body by not less than two-thirds (%) ~T L the members elect voting in favor thereof, and arm _, JY the mayor this 4th day of Apri'l, 1966. (Published in the Salina Journal, June 14, 1966) QH~R.TER ORDINANCE .NO. 3 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 DOLLAR OF AS- SESSED TANGIBLE VALUATION AND PRESCRIBING AN AGGREGATE LIMIT FOR ALL, CITY WIDE TAX 1762 e e e Ord. 3, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 3, ~ 1 LEVIES; AMENDING CHARTER ORDINANCE NO.1 OF THE CITY OF SALINA, KANSAS, AND REPEALING SAID ORIGINAL CHARTER ORDINANCE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS: Section 1. That Charter Ordinance NO'. 1 O'f the City O'f Salina, Kansas, is hereby amended to read as follQws: "That the City Qf Salina, Kansas, a city Qf the first class of less than 50,000 populatiQn, by the power vested in it by Article 12, SectiQn 5, of the CQnstitutiQn Qf the State Qf Kansas, hereby elects to' exempt and dQes exempt itseJf frQm, and makes inapplicable to' it, K.S.A. 79-1951, which is nO't applicable unifQrmly to' all cities Qf the first class and that legislature nQt having established classes Qf cities fQr the purposes of imposing tax limita- tiQns and prQhibitiQns, and prQvides substitute and additionaJ prQvisions as hereinafter prQvided. "The Governing BQdy Qf the City of Salina, Kansas, is hereby authQrized and empowered to levy taxes in each year fQr the fQllowing city purpQses, but said GQverning BQdy shall nQt fix a rate Qf levy in any Qne (1) year Qn each dollar Qf assessed tangible valuatiQn of the city in excelss Qf the fQllQwing rates: "General Operating Fund, which shall in- clude the fQIlQwing activities: General gQvern- ment; police department; fire departmnt; health and sanitatiQn; waste disPQsal; streets alleys and highways; maintenance Qf public buildings; swimming PQQl; parks, animal CQn- trol; street lighting; traffic signals and park- ing cQntrol; civil defense; airport; judgments; band; cemetery; general imprQvement (except imprQvements fQr which special assessments are made) ; and industrial fund . . . 20 mills. "PrQvided, hQwe,ver, that the mill levy fQr the library shall be outsidel the aggregate, tax levy prescribed by this sectiQn. 1763 Supp. No.2 Ord. 3, ~ 1 SALINA CODE Ord. S, ~ 4 .. Provided further, however, that the aggre- gate of all city wide tax levies of the city, ex- cept levies for the payment of bond and inter- est thereon, levies for fire and police depart- ment pension funds, and levies for the control and eradication of noxious weeds and levies authorized by other statutes to be outside of the aggregate is hereby limited to twenty (20) mills, less residue Sales Tax; provided, that the city may levy a consolidated levY for the purpose above set forth and to be known as the General Operating Fund and may be included in the budget as a single fund for the several functions of the city named herein." Section 2. Chartelr Ordinance No.1 of the City of Salina, Kansas, is hereby repealed. Section 3. This ordinance shall be published once a week for two (2) consecutive weeks in The Salina Journal, the official city newspaper. Section 4. 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 ef- fective if approved by the majority of the electors voting thereon. Adopted by the governing body by not less than two-thirds (:lIs) of the members elect voting in favor thereof and ap- proved by the Mayor this sixth day of June, 1966. (Published in The Salina Journal December 23, 1966 and December 30, 1966) CHARTER ORDINANCE NUMBER 4 --~. .~.- -_._-- A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-791 WHICH PROVIDES LONGEVITY PAY FOR REGULAR APPOINTED MEMBERS OF THE FIRE DE- PARTM~NT. Supp. No.2 1764 e e e Ord. 4, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 6 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALIN A, KANSAS: Section 1. That the City of Salina, Kansas, a city of the first class having a population of more than 25,000 inhabitants and not more than 50,000 inhabitants, 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. 13-791, which is not applicable uniformly to all cities of the first class, and which provides that the regularly appointed members of the fire department, after having completed three years service shall receive a longevity pay for each year in addition to three years the sum of two dollars per month over and above the base pay for firemen in such cities. Section 2. This ordinance shall be published once a week for two consecutive weeks in The Salina Journal, the official city newspaper. Section 3. 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 a majority of the electors voting thereon. Adopted by the governing body by not less than two-thirds of the members elect voting in favor thereof and approved by the mayor this 19th day of December, 1966. CHARTER ORDINANCE NO. 5 Editor's note-Charter Ord. No.5, adopted Jan. 16, 1967, was re- pealed by Charter Ord. No. 15, adopted Oct. 17, 1977. CHARTER ORDINANCE NO. 6 (First Published in The Salina Journal April 1, 1971) A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. Supp. No. 23 1765 Ord. 6 SALINA CODE Ord. 6, ~ 1 13-14a06, WHICH PROVIDES FOR MEMBERSHIP FEES AND CONTRIBUTIONS BY OFFICERS AND MEMBERS OF THE FIRE AND POLICE DEPARTMENTS FOR THEIR RETIREMENT SYSTEMS AND PROVIDING FOR RE- FUNDS UPON TERMINATION OF SERVICES WITH SAID DEPARTMENTS 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. 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 making inapplicable to it, K.S.A. 13-14a06 which applies only to cities of the first class and is not applicable uniformly to all cities in Kansas, and provides substitute and additional provisions on the same subject as follows, to wit: "13-14a06. Membership fee and contributions by officers and members of department; refunds; limita- tions. Every new officer and member of said police and fire departments shall be required to pay to the treasurer of said board a membership fee of five dollars, and there shall be deducted from the salary of every officer and member of each department not less than three percent nor more than ten percent of his monthly salary, the exact amount of which shall be determined by the Board of Commission- ers, which shall be paid into the respective pension funds. Any officer or member whose services for any reason what- soever, other than by transfer from the police to the fire department or from the fire to the police department, shall be terminated with the department shall be entitled, upon demand, to be paid within thirty days after such demand, the total amount of the deduction from his salary paid into said fund, less fifty percent: Provided, that in the event such officer or member shall renew his services with said Supp. No. 23 1766 e e . Ord. 6, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 6, ~ 2 department he shall, as a condition of employment, return to said fund the amount withdrawn. Provided further, that if any officer or member of either the police or the fire de- partment is transferred from one department to the other, then said officer or member shall notify in writing the Board of Trustees of the Pension Fund of which he was a member of his transfer and thereupon any accrued contri- butions made by him to the pension fund and any accumu- lated credits or benefits to which said member would have been entitled to prior to said transfer shall be transferred to the pension fund of the department to which he is trans- ferring, and upon application for retirement said member shall be entitled to compute his combined services with both departments in determining his eligibility for re- tirement." Section 2. This ordinance shall be published once a week for two consecutive weeks in The Salina Journal, the official city newspaper. Supp. No. 23 1767 e e e Ord. 6, ~ 3 APPENDIX F-CHARTER ORDINANCES Ord. 7, ~ 1 Section 3. 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 provided in Article 12, Section 5, Subdivision (c) of the Con- stitution of Kansas, in which case the ordinance shall become effective, if approved by a majority of the electors voting thereon. Adopted by the Governing Body by not less than two-thirds of the members elect voting in favor thereof, and approved by the Mayor this 29th day of March, 1971. CHARTER ORDINANCE NUMBER 7 (First Published in The Salina Journal April 1, 1971) A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-14a05, WHICH PROVIDES FOR THE DESIGNA- TION AND INVESTMENT OF MONEY DERIVED FROM TAXES AND ASSESSMENTS FOR THE POLICEMEN'S AND FIREMEN'S PENSION FUNDS, PROVIDING FOR A MINIMUM RESERVE FOR EACH FUND, FOR THEIR RETIREMENT SYSTEMS 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. 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 making inapplicable to it, K.S.A. 13-14a05 which applies only to cities of the first class and is not applicable uniformly to all cities in Kansas, and provides substitute and additional provisions on the same sub- ject as follows, to wit: "13-14a05. Designation of funds; investment. The amount of money derived from taxes herein levied and all money received from assessments, dues, donations for the benefit of such funds shall constitute funds to be Supp. No. 18 1769 Ord. 7, ~ 1 SALINA CODE Ord.8 known and designated, respectively, as the Policemen's Pension Fund and the Firemen's Pension Fund, which funds shall be devoted exclusively to and for the purposes hereinafter enumerated. All moneys derived from the taxes so levied and money received from other sources as above enumerated shall be paid into the Policemen's Pension Fund or the Firemen's Pension Fund, as the case may be, and shall be cumulative until a reserve fund of not l~ss than $10,000.00 shall be built up for each fund. The amount of each reserve fund over $10,000.00 shall be determined by the Governing Body of the City; when each reserve fund, as so determined, shall reach its maximum, further tax levies shall be made only for the purpose of maintaining each fund at said level. "All moneys accumulated under the provisions of this act shall be deposited by the treasurer in the same manner as other City funds: Provided, however, the Board of Trus- tees may, at their option, invest any of said reserve funds in any investments which are authorized for the investment of other municipal funds." Section 2. This ordinance shall be published once a week for two consecutive weeks in The Salina Journal, the official city newspaper. Section 3. 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 provided in Article 12, Section 5, Subdivision (c) of the Con- stitution of Kansas, in which case the ordinance shall become effective, if approved by a majority of the electors voting thereon. Adopted by the Governing Body by not less than two-thirds of the members elect voting in favor thereof, and approved by the Mayor this 29th day of March, 1971. CHARTER ORDINANCE NUMBER 8 (First Published in The Salina Journal November 2, 1973) A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. Supp. No. 18 1770 e e e Ord. 8, ~ 1 APPENDIX F~CHARTER ORDINANCES Ord. 9 12-14a05, WHICH DEFINES A BAND FOR THE PURPOSES OF USE OF BAND FUNDS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUB- JECT. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. 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 Kansas, hereby elects to and does exempt itself from and makes inapplicable to it the pro- visions of K.S.A. 12-14a05 and provides substitute and addi- tional provisions on the same subject as follows, to wit: "12-14a05. Definition of band. That the meaning of the word 'band' as used in this act shall be any musical group which in the opinion of the governing body of the City of Salina is capable of presenting worthwhile and entertaining band concerts or musical serv- ices." Section 2. This ordinance shall be published once a week for two (2) consecutive weeks in the Salina Journal, the official city newspaper. Section 3. 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 Constitu- tion of Kansas, in which case the ordinance shall become effec- tive if approved by a majority of the electors voting thereon. Adopted by the governing body by not less than two-thirds (%) of the members elect voting in favor thereof and approved by the mayor this 29th day of October, 1973. CHARTER ORDINANCE NO. 9 (First Published in The Salina Journal March 22, 1974) A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM K.S.A. 79-1951, WHICH PRO- Supp. No. 18 1771 Ord. 9, ~ 1 SALINA CODE Ord. 9, ~ 1 VIDES FOR A MAXIMUM RATE OF LEVY IN ANY ONE YEAR; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS 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. That Charter Ordinance No.3 of the City of Sa- lina, 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 Con- stitution of the State of Kansas, hereby elects to exempt and does exempt itself from and make inapplicable to it K.S.A. 79-1951, which is not applicable uniformly to all cities and to provide substitute and additional pro- visions 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 sanita- tion; waste disposal; streets, alleys and highways; maintenance of public buildings; swimming pool; parks; animal control; street lighting; traffic sig- nals and parking control; civil defense; airport; judgments; band; cemetery; general improvement (except improvements for which special assess- ments are made) ; industdal fund; noxious 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 supp. No. 18 1772 e e e Ord. 9, ~ 1 APPENDIX F-cHARTER ORDINANCES Ord. 10, ~ 1 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. Charter Ordinance No.3 of the City of Salina, Kansas is hereby repealed. Section 3. This ordinance shall be published once a week for two (2) consecutive weeks in the Salina Journal, the official city newspaper. Section 4. 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 elec- tors voting thereon. Adopted by the governing body by not less than two-thirds (%) of the members elect voting in favor thereof and approved by the mayor this 18th day of March, 1974. CHARTER ORDINANCE NO. 10 (First Published in The Salina Journal December 13, 1974) A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. 41-2702, WHICH PROVIDES IT TO BE UNLAWFUL TO SELL CEREAL MALT BEVERAGES AT RETAIL WITHOUT FIRST SECURING A LICENSE THEREFOR AND ESTAB- LISHING THE PROCEDURE AND LICENSE FEES THERE- FOR; 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. 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 Kansas, hereby elects Supp. No. 20 1773 Ord. 10, ~ 1 SALINA CODE Ord. 10, ~ 1 to and does exempt itself from and makes inapplicable to it the provisions of K.S.A. 41-2702 and provides substitute and ad- ditional provisions on the same subject as follows, to wit: "41-2702. Licenses; application to city or county; railway cars; notice to township; renewals; forms; fees; disposition of moneys. "No person shall sell any cereal malt beverage at retail without having first secured a license for each place of busi- ness as herein provided. In case such place of business is located within the corporate limits of a city then the appli- cation 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 commissioners in the county in which such place of business is to be located, except that the application for license to sell on railway cars shall be made to the director of taxation as hereinafter provided. The board of county commissioners in any county shall not issue a license without giving the clerk of the township board in the township where the applicant desires to locate, written notice by registered mail, of the filing of said appli- cation. The township board may within ten (10) days file advisory recommendations as to the granting of such license and such advisory recommendations 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 commissioners shall grant and issue renewals thereof upon application of the license holder, if he be qualified to receive the same and unless 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 township board may within ten (10) days file advisory recommenda- tions as to the renewal of such licenses or the refusal thereof with said board of county commissioners and such advisory 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 Supp. No. 20 1774 e e e Ord. 10, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 10, ~ 1 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 making application been convicted of a felony or any crime involving moral turpitude, or been adj udged 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 hundred sixty-five thousand (165,000) per- sons, 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 application 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 remain- ing ten percent (10%) he shall credit to the revenue administration fee fund. "The board of county commissioners of the several coun- ties 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 beverages in original and unopened con- Supp. No. 20 1775 Ord. 10, ~ 1 SALINA CODE Ord. 12, ~ 1 tainers, 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. This ordinance shall be published once a week for two (2) consecutive weeks in the Salina Journal, the official city newspaper. Section 3. 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 provided in Article 12, Section 5, Subdivision (c) of the Con- stitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon. Adopted by the governing body by not less than two-thirds (2/3) of the members elect voting in favor thereof and ap- proved by the Mayor this 9th day of December, 1974. CHARTER ORDINANCE NO. 11 Editor's note--Charter Ord. No. 11, adopted Dec. 9, 1974, was repealed by Charter Ord. No. 12, adopted May 12, 1975. CHARTER ORDINANCE NO. 12 (First Published in The Salina Journal May 16, 1975) A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. 1973 SUPP. 16-707, WHICH PROVIDES FOR THE LICENS- ING OF PAWNBROKERS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT AND REPEALING CHARTER ORDINANCE NUMBER 11. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. 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 Kansas, hereby elects to and Supp. No. 20 1776 e e e Ord. 12, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 12, ~ 1 does exempt itself from and makes inapplicable to it the pro- visions of K.S.A. 1973 Supp. 16-707 and provides substitute and additional provisions on the same subject, as follow to wit: "16-707 Licensing of pawnbrokers; application fee; disposi- tion. "No person shall engage or continue in business as a pawnbroker without first obtaining a license therefor. If his place of business is inside the corporate limits of any city of the first or second class, he shall obtain such license from the clerk of such city, and if it is outside the corporate limits of any such city, he shall obtain his license from the county clerk of the county in which his place of business is located. Application for such license shall be in writing and shall state the full name and place of residence of the applicant, or if the applicant be a partnership, of each mem- ber thereof, or, if a corporation or association, of each offi- cer, shareholder or member thereof, together with the ad- dress of the place or places where the business is to be conducted and the hours of the day and days of the week during which the applicant proposes to engage in the busi- ness of pawnbroking at each such place, and such other information as may be necessary to determine the appli- cant's qualifications for a license in accordance with the provisions of this act. Each applicant shall also submit with his application: (1) A statement that he is the holder of a valid registration certificate issued by the Director of Revenue pursuant to K.S.A. 79-3608 for each place of business for which application for license is made; and (2) A detailed inventory and description of all goods, wares, merchandise or other property held in pawn or for sale at the time of the application at each place of business stated therein, indicating whether the same was received in pawn or purchase as secondhand merchandise. Said application shall be in a form approved by the Attorney General. Each application shall be accompanied by a fee of not less than $25.00 nor more than $300.00, the exact amount of which shall be determined from time to time by an ordinance adopted by the governing body and such fee shall be paid an- I::lUpp. No. 23 1777 Ord. 12, ~ 1 SALINA CODE Ord. 13, ~ 1 nually upon renewal of the license. All such fees received by the city clerk shall be deposited in the city general fund, and all such fees received by the county clerk shall be deposited in the county general fund." Section 2. This ordinance shall be published once a week for two (2) consecutive weeks in the Salina Journal, the official city newspaper. Section 3. That Charter Ordinance Number 11 is hereby repealed. Section ~. 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 provided in Article 12, Section 5, Subdivision (c) of the Con- stitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon. Adopted by the governing body by not less than two-thirds (2/3) of the members elect voting in favor thereof and ap- proved by the Mayor this 12th day of May, 1975. CHARTER ORDINANCE NUMBER 13 (First published in The Salina Journal September 22, 1977) A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-1024a AND PROVIDING SUBSTITUTE AND ADDITION- AL PROVISIONS ON THE SAME WHICH RELATE TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING FOR SAID IM- PROVEMENTS. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That the City of Salina, Kansas, by the power vested in it by Article 13, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from Supp. No. 23 1778 e e e Ord. 13, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 13, ~ 3 and make inapplicable to it the provisions of K.S.A. 13-1024a and provide substitute 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 uniformly to all cities. Section 2. That the City of Salina, does hereby provide sub- stitute and additional provisions on the same subject as fol- lows, to wit: "13-1024a. General improvements and land therefor; bor- rowing money and bond issues; when election required. "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, wi.thin or without the city, for the establishment and construction of crema- tories, desiccating or reduction work, including the land necessary therefor, within or without the city, or for the improvement, repair or extension of any waterworks, sew- age 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 to the same from time to time, as the necessities of the city may require, the city may borrow money and issue i.ts 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 the 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 two hundred fifty thousand dollars ($250,000) in anyone year." Section 8. This Charter Ordinance shall be published once a week for two (2) consecutive weeks in The Salina Journal, the official city newspaper. SuPp. No. 23 1779 Ord. 13, ~ 4 SALINA CODE Ord. 14, ~ 2 Section 4. 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 provided in Article 12, Section 5, Subdivision (c) (3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon. Passed by the governing body by not less than two-thirds (2/3) of the members elect voting thereon this 19th day of September, 1977. CHARTER ORDINANCE NUMBER 14 (First Published in The Salina Journal October 6, 1977) A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS FROM THE PROVISIONS OF K.S.A. 41-719 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME WHICH RELATE TO THE CONSUMPTION OF ALCOHOLIC LIQUOR IN PUBLIC PLACES. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That 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 itself from and make inapplicable to it the provisions of K.S.A. 41-719 and provide substitute 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 uniformly to all cities. Section 2. That the City of Salina does hereby provide sub- stitute 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 streets, alleys, roads or Supp. No. 23 1780 e e e Ord. 14, i 2 APPENDIX F-CHARTER ORDINANCES Ord. 14, i 4 highways, or in beer parlors, taverns, pool halls or places to which the general public has access, whether or not an admission or other fee is charged or collected, or Upon property owned by the state or any governmental sub- division thereof or inside vehicles while upon the public streets, alleys, roads or highways; Provided, however, The limitations, aforesaid, shall not apply to real property leased by a city to others under the provisions of K.S.A. 12-1740 to 12-1749, both sections inclusive, and any amendments thereto, if such real property is actually being used for hotel or motel purposes or purposes incidental thereto, nor shall said limitations apply to any state owned or operated building 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 thousand (30,000) may by ordinance exempt certain property, title of which is vested in such city, from the provisions of this act. Any person 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 a. This Charter Ordinance shall be published once a week for two (2) consecutive weeks in The Salina Journal, the official city newspaper. Section ~. 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 provided in Article 12, Section 6, Subdi. vision (c) (3) of the Constitution of the State of Ka.nsas. 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 3ni day of October, 1977. SuPp. No. 24 1781 Ord. 16 SALINA CODE Ord. 17 CHARTER ORDINANCE NUMBER 16 (First published in The Salina Journal October 20, 1977) A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NUMBER 6 WHICH EXEMPTS THE CITY OF SALINA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-14(a)08 WHICH PROVIDES FOR PAYMENT UPON RE- TIREMENT TO CERTAIN MEMBERS OF THE POLICE DEPARTMENT AND FIRE DEPARTMENT AND PROVID- ING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT. BE IT ORDAINED by the governing body of the City of Salina, Kansas: Section 1. That Charter Ordinance Number 6 of the City of Salina, Kansas, be and the same is hereby repealed. Section 2. This ordinance shall be published once a week for two (2). consecutive weeks in The Salina Journal, the official city newspaper. Section 9. 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 referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (3) 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 17th day of October, 1977. CHARTER ORDINANCE NUMBER 16 Editor's note---'Charter Ord. No. 16, adopted May 15, 1978, was repealed by Charter Ord. No. 17, adopted June 18, 1979. CHARTER ORDINANCE NUMBER 17 A CHARTER ORDINANCE EXEMPTING THE CITY OF SAUNA, KANSAS, FROM K.S.A. 79-5011; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE Supp. No. 24 1782 e e e Ord. 17, ~ 1 APPENDIX F-CHARTER ORDINANCES Ord. 17, ~. 2 SAME SUBJECT; AND AUTHORIZING THE LEVYING OF TAXES TO CREATE A SPECIAL FUND FOR THE PUR- POSE OF PAYING UTILITY COSTS AND EMPLOYEE BENEFITS; AMENDING CHARTER ORDINANCE NUM- BER 16 AND REPEALING SAID ORIGINAL CHARTER ORDINANCE. BE IT ORDAINED by the governing body of the City of Salina, Kansas: Section 1. The City of Salina, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution qf the State of Kansas, hereby elects to exempt itself from and make inapplicable to it KS.A. 79-5011, and to provide substi- tute and additional provisions as hereinafter set forth in this charter ordinance. KS.A. 79-5011 is a part of the enactment of the legislature establishing an aggregate tax levy limitation applicable to this city but not applicable uniformly to all cities, and the legislature has not established classes of cities for the purpose of imposing aggregate limitations under said constitutional provision. Section 2. The provisions of KS.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 temporary 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 building com- mission; (e) Special assessments charged against the city-at-large; (f) Utility service costs, whether paid from a separate property tax levy fund of the city or from any other tax Supported fund; (g) Employee benefit costs. Supp. No. 24 1783 Ord. 17, ~ 3 SALINA CODE Ord. 17, ~ 6 Section 3. 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 retirement program, or to any other taxes authorized by state law to be levied in addi- tion 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 au- thorized to be levied in addition to or exempt from the aggre- gate levy limit of the city, shall not be used in computing any aggregate limitation under Article 50 of Chapter 79 of the Kansas Statutes Annotated. Section 4. 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 service by the city. Section 5. 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, unem- ployment compensation benefits, Kansas Police and Fire Re- tirement System, employee and officer liability protection and medical, health, hospitalization and life insurance, whether for the employee or his or her dependents. Section 6. Chapter Ordinance Number 16 of the City of Salina, Kansas, is hereby repealed. Supp. No. 24 1784 e e e Qrd. 17, ~ 7 APPENDIX F-CHARTER ORDINANCES Ord. 17, ~ 8 Section 7. This charter ordinance shall be published once each week for two (2) consecutive weeks in the official city newspaper. Section 8. 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 15, subdivision (c) (3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon. Adopted by the governing body by not less than two-thirds (%) of the members-elect voting in favor thereof and ap- proved by the Mayor this 18th day of June, 1979. [The next page is 1815] Supp. No. 24 1785 e <':ODE <':OMP AHA TIVE TABLE Note-This is a chronological and/or numerical listing- of the laws of the municipality used in this Code. Repealed or superseded laws and any omitted materials are not reflected in this table. Code of 1960 Section Code of 1960 Section Section this Code Section this Code 1-101-1-105 1-1-1-5 4-201 7-18 1-106 1-9 4-202 7-24 1-107 1-8 4-203-4-207 7-19-7-23 2-101 2-20 4-208 7-25 2-102 2-26 4-301-4-310 7-36-7-46 2-103 2-2J 4-312-4-317 7-48-7-57 2-104 2-22 4-401-4-411 7-68-7-78 2-105 2-25 4-412 7-80 2-106 2-23,2-24 4-14 7-79 2-107-2-109 2-27-2-29 4-501-4-507 7-91-7-97 2-110 2-31 5-101 8-3 2-111 2-30 5-102 8-5 2-201 2-78 5-103 8-7 2-202-2-204 2-75-2-77 5-104 8-8 2-205 2-79 5-105 8-4 e 2-301 2-91 5-106 8-9 2-302 2-92-2-94 5-107 8-10 2-303 2-103-2-109 5-109-5-116 8-11-8-18 2-304 2-115-2-119 5-201 8-29 2-305 2-125 5-202-5-205 8-31-8-34 2-306 2-131-2-134 5-206 8-36 2-307 2-140-2-165 5-207 8-37 2-308 2-171 5-208-5-211 8-39-8-42 2-309 2-96 5-213 8-35 2-401 2-80 5-214 8-1 2-402-2-404 2-42-2-44 6-101-6-103 6-1-6-3 2-406 2-97 6-104 6-5 2-501 2-46 6-105 6-6 2-502 2-47 6-106 6-4 2-601 2-49 6-7 2-602 2-51 6-107-6-116 6-8-6-24 2-603 2-48 6-201-6-206 6-35-6-47 2-604-2-606 2-52-2-54 6-207 6-48 2-607 2-50 6-50-6-55 2-701 2-1 6-208 6-59 2-81-2-805 2-2-2-6 6-209 6-56-6-58 2-901-2-905 2-55-2-60 6-210-6-212 6-60-6-62 2-906 2-45 6-214-6-219 6-63-6-68 3-102 5-4 6-301-6-303 6-79-6-81 3-107-3-111 13-1-13-5 6-305 6-83-6-85 e 4-101-4-104 7-1-7-6 6-306 6-87 1815 SALINA CODE Code of 1960 Section Code of 1960 Section Section this Code Section this Co~e 7-101-7-103 2-7-2-9 10-203 29-4 8-801-8-103 9-2-9-4 10-204 29-7 8-201 9-18 10-205 29-8 8-202-8-204 9-20-9-24 10-206 29-10 8-207 9-19 10-207 29-9 8-209 9-25 10-208 29-2 8-301 9-39 11-101-11-105 12-11-12-Hi 8-302 9-40 11-106-11-113 12-18-12-27 8-303-8-306 9-42-9-51 11-201-11-207 12-38-12-49 8-307 9-41 11-301 12-61 8-308 9-52 11-302 12-60 8-402 9-66 11-303-11-306 12-62-12-65 9-67 12-101 12-76 8-407 9-71 12-77 9-72 12-104-12-114 12-78-12-88 8-409 9-74 12-116-12-135 12-90-12-109 8-411 9-68-9-70 12-136 12-112 8-412 9-75 12-137 12-111 8-413 9-65 12-138 12-110 8-414 9-76 12-139 12-113 8-601 9-87 12-201-12-207 12-119-12-126 8-901 21-1 12-301 12-132 8-902 21-3-21-6 12-302 12-133 8-903 21-18-21-26 12-401 12-139 8-901 21-17 12-402 12-140 21-27-21-29 12-501 12-17 8-905 21-30-21-32 12-502 12-146 8-906 21-33 12-148 8-907 21-2 12-503 12-149 21-34 13-201 15-1 21-35 13-202 15-2 8-908 21-36 13-203 15-2 8-1001-8-1008 9-324-9-335 13-301-13-303 15-4-15-6 8-1101 9-347-9-349 13-401 14-13 9-356 13-402-13-405 14-15-14-23 8-1102 9-351 13-406 14-34-14-55 9-352 13-407 14-12 9-354 13-408-13-411 14-24-14-28 9-355 13-412 14-14 8-1103 9-346 13-701 14-105 8-1201-8-1207 9-367-9-373 13-702-13-704 14-108-14-125 9-101 10-1 13-705 14-135-14-170 9-102 10-2 13-706 14-126, 14-127 10-201 29-1 13-707 14-128 10-202 29-3 13-708 14-107 1816 e CODE COMPARATIVE TABLE Code of 1960 Section Code of 1960 Section Section this Code Section this Code 13-709 14-106 16-902 34-21 13-901-13-903 15-7-15-9 34-24 13-1001 15-11 16-903 34-22 13-1002 15-12 16-904 34-23 13-1003 15-10 34-25-34-27 13-1004 15-13 16-905 34-1 13-1101 15-24-15-29 16-906 34-28 14-101 17-1-17-4 16-907 34-2 14-102 17-5-17-7 16-909 34-3 15-101-15-106 19-1-19-18 34-4 15-107 19-20 16-1001 34-39 15-108 19-19 16-1002 34-43 15-201-15-203 19-31-19-33 16-1003 34-46 16-101-16-120 20-2-20-25 16-1004 34-44 16-202 20-36 34-47-34-50 16-203 29-38 34-67 16-204 20-39 16-1005-16-1009 34-51-34-56 16-205 20-42 16-1010 34-50 16-206 20-43 34-57 16-207 20-48 34-58 e 16-208 20-50 16-1011 34-60 16-209 20-53 16-1012 34-61 16-210 20-55 16-1013 34-87-34-89 16-211 20-68 16-1014 34-45 16-212-16-214 20-57-20-59 34-90-34-92 16-216 20-65 16-1015 34-93-34-96 16-217 20-64 16-1016 34-97 16-218 20-66 34-89 16-219 20-69 16-1017 34-99 16-301-16-306 7-108-7-115 34-100 16-501 8-1 16-1018 34-101 16-502 8-2 16-1019 34-102-34-106 16-503 8-3 16-1020-16-1024 34-62-34-66 8-4 16-1025 34-68-34-70 8-12 34-79 16-504-16-507 8-5-8-10 16-1026 34-79 16-508 18-13 16-1027-16-1033 34-71-34-78 16-509 18-11 16-1034 34-41 16-510 18-14 16-1035 34-80 16-601-16-603 3-5-3-7 34-81 16-701 7-126-7-129 16-1036 34-59 16-702 7-130 16-1038 34-40 16-801-16-804 26-1-26-6 16-1039 34-42 16-806 26-7 18-101 23-155 16-901 34-19 18-103 23-155 e 34-20 18-201 4-1 1817 SALINA CODE Code of 1960 Section Code of 1960 Section Section this Code Section this Code 18-202-18-204 4-4-4-6 22-105 28-11-28-14 18-205 4-3 28-16 18-206-18-208 4-7-4-9 28-17 18-209 4-13 22-106-22-110 28-18-28-22 18-210 4-14 22-201-22-205 28-33-28-37 18-211 4-12 22-301-22-307 28-48-28-60 18-212 4-10 22-309 28-61 18-213 4-2 23-102-23-105 23-1-23-4 18-214 4-11 23-301 23-147 18-301 23-153 23-401 23-24 18-302 23-153 23-402 23-29 18-401-18-404 15-40-15-44 23-403 23-21 18-405 15-47 23-404 23-25 18-406 15-46 23-405 23-32 18-407 15-45 23-406 23-31 19-101 24-1 23-407 23-19 19-102 24-2 23-408 23-27 19-103 24-3 23-409 23-28 24-4 23-410 23-20 24-13 23-411 23-23 19-104 24-5 23-412 33-3 24-6 23-413 3-3 24-8 23-414 3-4 19-105 24-7 23-415 23-30 19-106 24-9 23-416 32-4 19-107 24-16 23-417 23-22 19-108 24-10 23-418 32-5 24-11 23-419 32-6 19-1C9 24-14 23-501 23-44 19-110 24-12 23-502 23-43 19-201 24-17 23-503 23-57 19-202 24-18 23-504-23-507 23-45-23-48 20-101-20-104 25-15-25-18 23-508-23-511 23-50-23-53 20-201 25-1-25-3 23-512 23-56 20-202 25-4 23-513 23-49 21-101-21-103 27-1-27-12 23-514 23-55 21-104 27-23-27-26 23-515 23-54 27-30,27-31 23-601-23-605 23-68-23-72 21-105 27-29,27-33 23-606-23-608 23-90-23-92 21-106 27-46,27-47 23-609 23-96 27-49-27-51 23-610 23-80 27-110 27 -34 23-611 23-79 27-113 27 -67 23-612 23-81 22-101-22-103 28-1-28-7 23-613 23-89 22-104 28-9 23-614 34-80 28-10 23-618-23-623 23-73-23-78 1818 e CODE COMPARATIVE TABLE Code of 1960 Section Code of 1960 Section Section this Code Section this Code 23-624 23-109 23-1139 23-146 23-625 23-87 24-101 30-1 23-701 23-113 24-102 30-2 23-702 23-107 30-8 23-703 23-112 24-103 30-3 23-704 23-125 24-104 30-4 23-705 23-111 24-105 30-6 23-706 23-108 24-106 30-7 23-707 23-125 24-109 30-9 23-708 23-88 24-111 30-10 23-801 23-83 26-101 32-70 23-803 23-86 32-71 23-901 8-2 32-74 23-904 8-30 32-75 23-1001 23-82 32-78 23-1002--23-1004 23-93--23-95 32-79 23-1101 23-156 26-102 32-72 23-1102 23-157 32-73 23-1103 23-160 32-76 e 23-1104 23-161 26-103 32-77 23-1105 23-163 26-104 32-80 23-1106 23-89 26-105 32-81 23-1108 23-164 26-106 32-83 23-1109 23-165 26-107 32-82 23-1110 23-18 26-108--26-113 32-84--32-89 23-1111 23-149 26-133 32-1 23-1112 23-150 26-201--26-206 32-100--32-105 23-1116 23-110 26-301 32-116 23-1117 23-17 26-302 32-117 23-1118 33-4 32-122 23-1119 23-159 32-129 23-1121 23-134 32-130 23-1122 23-135 26-303 32-118--32-120 23-1123--23-1127 23-128--23-133 26-304 32-121 23-1128 32-1 32-124--32-128 23-1129 32-3 26-305 32-123 23-1130 23-152 32-131 23-1131 23-124 32-132 23-1132 23-127 26-306 32-141--32-147 23-1133 14-1 26-307 32-153--32-158 23-1134 7-7 26-308--26-310 32-133--32-135 23-1135 23-26 26-401 32-169 23-1136 32-7 26-402 32-170 23-1137 9-353 32-171 e 23-1138 34-5 32-180 1819 SALINA CODE Code of 1960 Section Code of 1960 Section Section this Code Section this Code 26-403 32-172-32-174 27-306 22-13 26-404 32-175-32-179 27 -307 22-31 32-182 27 -308 22-32 26-405 32-181 27 -401-27 -406 22-48-22-57 32-183 27 -407 22-46 32-184 22-47 26-406 32-190-32-193 27 -408-27 -413 22-58-22-64 26-408 32-185 27-414 22-119 26-501-26-503 32-231-32-236 27-414(a) 22-65 26-601-26-607 32-247-32-258 27 -415 22-57 26-608 32-260 22-120 26-609 32-8 27 -502-27 -508 22-267-22-273 26-610 32-261 27-601 22-67 26-611 32-259 27 -602 22-76 32-262-32-265 27 -603 22-77 32-267 27-701 22-78-22-82 26-612 32-268 27-702 22-83 26-701-26-704 32-9-32-12 27-704-27-706 22-86-22-89 26-801-26-804 32-23-32-26 27-801 22-90 26-901 32-279 27 -802 22-91 26-902 32-280 27 -803 22-93 26-1001-26-1006 32-286-32-291 27-804 22-94 26-1101 32-205 27-805 22-92 26-1102 32-206 27-806 22-95 26-1103 32-204 27 -807 22-96 32-208-32-212 27-808-27-810 22-98-22-100 26-1104 32-213 27 -811 22-104 26-1105-26-1107 32-215-32-218 27 -812 22-97 26-1108 32-214 27-901-27-904 22-105-22-109 26-1109 32-219 27-1001 22-101 26-1111 32-220 27-1002 22-102 26-1201 32-303 22-103 26-1202 32-304 27-1003 22-121 26-1203 32-302 27-1004 22-110 32-305 27-1006-27-1008 22-111-22-113 26-1301 9-350 27-1101-27-1106 22-211-22-219 26-1304 32-2 27-1109 22-8 26-1306-26-1308 32-37-32-43 27-1111 22-222 27-101 22-1 27-1112 22-220 27-202 22-4 27-1113 22-221 27-203 22-5 27-1114 22-223 27-204 22-9-22-11 27-1201 22-118 27 -205 22-12 27-1301 22-248 27-301-27-304 2-27-2-30 27-1302 22-249 27-305 22-33-22-35 27-1303 22-252 1820 e CODE COMPARATIVE TABLE Code of 1960 Section Code of 1960 Section Section this Code Section this Code 27-1304 22-250 27-2203 22-349 27-1305 22-251 27-2301--27-2303 22-169--22-171 27-1306--27-1308 22-253--22-255 27-2304 22-174 27-1401--27-1405 22-132--22-141 27-2305 22-181 27-1409 22-114 22-185 27-1410 22-147 27-2306--27 -2309 22-175--22-179 27-1414 22-146 27-2311--27-2313 22-182--22-184 27-1422 22-148 27-2314 22-186 27-1423 22-141 27-2315 22-187 27-1424 22-149 27-2316 22-189 27-1425 22-150 27-2317 22-190 27-1426 22-14 22-191 27-1427 22-152 27-2318 22-172 27-1428 22-141 27-2319 22-173 22-142 28-101--28-105 33-4--33-10 27-1429--27-1431 22-153--22-155 28-201--28-205 32-55--32-59 27 -1501--27 -1504 22-202--22-207 29-100--29-132 11-1--11-33 27-1601 22-208--22-210 30-106--30-108 35-3--35-9 27-1602 22-351 30-109--30-111 35-23--35-33 e 27-1603 22-352 30-112 35-10 27-1604 22-15 35-11 27-1701 22-156 35-34 27-1702 22-157 35-35 27-1703--27-1705 22-234--22-237 35-37--35-41 27-1706--27-1708 22-115--22-117 35-57 27-1709 22-16 30-113 35-42 27-1710 22-284 30-115 35-62 22-285 30-117 35-65, 35-66 27 -1801--27 -1821 22-286--22-306 30-118 35-67 27-1901--27-1906 22-307--22-313 35-68 27-2001 22-314 30-120 35-43 27-2101--27-2109 22-325--22-334 30-121 35-56 27-2201 22-344 30-122 35-59 27-2202 22-348 30-201--30-207 35-79--35-87 Ordinance Section Number Date Section this Code 1003 4- 2-65 ( Charter Ords.) App.F R 1576 1-12-60 (Health Dept.) App.D R 2608 4-24-62 (Civil Defense) App.C 5364 3-28-49 App. E, I 6291 12-10-58 App. E, III 6296 2- 1-59 App. E, IV e 6544 6-27 -61 1 35-1 2 35-2 1821 SALINA CODE Ordinance Section Number Date Section this Code 6545 6-27-61 35-54 2 35-55 3 35-60 4 35-61 5 35-63 6 35-64 7 35-11 6554 7-11-61 1 22-189 22-190 6573 10-31-61 1 32-217 6574 10-31-61 1 2-63 6591 1- 2-62 1 2-91 2 2-92-2-95 6592 1- 2-62 1 2-115-2-119 6593 1- 2-62 1-6 2-171-2-176 6594 1- 9-62 1-12 14-67-14-82 13 14-66 14-16 14-83-14-85 17-20 14-91-14-94 6597 1-30-62 1 35-60 6603 2-27-62 2-104 2-105 6606 3- 6-62 1 35-23-35-28 2 35-29 6607 3- 6-62 1 35-64 6613 4-11-62 (Zoning) App.A 6622 4-24-62 1 22-7 22-84 6637 7- 3-62 1 32-80 6666 10-30-62 1 9-2-9-4 6667 11- 6-62 1 20-58 6687 1-29-63 1 17-1-17-4 2 17-5-17-7 6694 3-26-63 1 6-48 6-50-6-55 6695 3-26-63 23-151 6699 4- 2-63 1 33-21 2 33-23 33-25 33-29 3 33-24 4-6 33-26--33-28 7 33-30 9 33-22 6700 4- 9-63 1 17-8 2 17-9 1822 e CODE COMPARATIVE TABLE (Rpld is abbreviation for Repealed) Ordinance Section Number Date Section this Code 6717 6- 3-63 1 35-60 6724 7- 8-63 8-29-8-42 6725 7- 8-63 8-1 8-3-8-5 8-7-8-18 6735 9- 9-63 11-1-11-34 6746 11- 4-63 22-188 6749 11-18-63 13-1-13-5 6750 12- 2-63 1 34-68-34-70 6751 12- 2-63 1,2 27 -54 (Subdivisions) App.B 6756 12- 9-63 1 27 -67 6761 1-13-64 1,2 23-158 6763 1-13-64 1 2-57 6781 4-20-64 1 App. A, 15 6782 4-20-64 1 App. A, 23 6803 8- 3-64 App. E, II e 6805 8- 3-64 1 9-1 6812 9-14-64 1-4 29-11-29-14 6814 9-14-64 1 22-333 6837 12-14-64 7-91-7-97 6839 12-21-64 1 32-218 6845 1-25-65 1 App. A, 11 6854 4-26-65 1-3 5-1-5-3 6858 6-14-65 1 15-3 6860 6-21-65 32-55-32-59 6861 6-28-65 1 20-42 6862 6-28-65 1 7-68 6863 6-28-65 1 34-50 34-57 34-58 6865 7-19-65 1 App. A, 15 6871 8- 9-65 6-79-6-88 6873 8-16-65 1 18-13 -6877 9-20-65 1 App. A, 9 6878 9-20-65 1 App. A, 15 6883 10-25-65 22-180 6890 11- 8-65 1-3 34-6--34-8 6891 11-15-65 1 3-1 2 3-2 6893 11-29-65 1-5 2-187-2-192 6894 12- 6-65 32-41 e 6895 12- 6-65 12-119-12-126 supt>. No.6 1823 SALINA CODE (Rpld is abbreviation for repealed) Ordinance Section Number Date Section this Code 6900 1- 3-66 1-4 16-1-16-4 5 16-7 6 16-22 16-54-16-78 7 16-8 8 16-23 9 16-24 10 16-21 11 16-19 12 16-20 13-17 16-32-16-43 18 16-5 19 16-25 20 16-26 21 16-6 6923 6-20-66 1 9-179 6924 6-20-66 1 12-76 12-77 6929 8- 1-66 2--5 17-10 6930 8-15-66 1,2 23-155.1 6944 11-21-66 Adopting Ordinance p. ix 6946 12-19-66 1 2-196 3-5 2-197-2-199 2 2-200 Char. Ord. No.4 12-19-66 App. F Char. Ord. No.5 1-16-67 App.F 6950 1-16-67 1 35-69 6951 1-16-67 1 35-44 6952 1-30-67 1 Rpld 9-289 6953 1-30-67 1 6-12.1 6954 1-30-67 1 9-307(2) 6970 4-10-67 1 12-126 6971 4-10-67 1 25-5, 25-6 6972 4-10-67 1 Rpld 9-73 6980 5-15-67 1 23-151.1 6981 6-19-67 1-7 App.E 6982 6-19-67 1-10 App.E 6984 5-29-67 1 16-4(14) 6985 5-29-67 1 16-61 6986 5-29-67 1 16-66 6987 5-2&-67 1 16-67 6988 5-29-67 1 16-73 6989 5-29-67 1 16-71 6990 6- 5-67 1 16-19 supp. No.6 1824 CODE COMPARATIVE TABLE (Rpld is abbreviation for repealed) Ordinance Section Number Date Section this Code 6991 6- 5-67 1 5-5, 5-6 6993 6-26-67 1 9-262 6994 6-26-67 1 9-314 6995 6-26-67 1 9-218 6996 6-26-67 1 9-281 6997 6-26-67 1 Rpld 9-290 6998 6-26-67 1 9-280 6999 6-26-67 1 Rpld 7-72 7000 6-26-67 1 7-73 7001 7-10-67 1 9-18 7002 7-10-67 1 Rpld 16-71 7004 7-24-67 1 22-335 7011 8-21-67 1-4 10%-1-10%-4 7018 11- 6-67 1 9-352 (2) 2967 (Res.) 11-27-67 1,2 App. C, ~ 3(a),(b) 7022 11-27-67 1 6-37 7023 11-27-67 1 21-23 7024 11-27-67 1 34-96 7025 11-27-67 1 7-91 e 7026 11-27-67 1 7-50(3) 7028 12- 4-67 1 20-50, 20-57 20-58,20-59, 20-68, 20-69 7033 12-18-67 1 5-7-5-9 7034 1- 8-68 1 App. A, 14a 7035 1- 8-68 1-11 9-384-9-394 7039 1-29-68 App. Al 7046 3-18-68 1 6-49 7047 3-18-68 1 6-22 7057 5-20-68 1-5 34-82 7060 5-27-68 1-5 9-8 7062 6- 3-68 1 34-89 7063 6- 3-68 1 34-96 7065 6-17-68 1 29-15-29-18 7066 6-17-68 1 29-20-29-38 7067 6-24-68 1 29-19 7070 7- 1-68 1 23-166 7077 8-12-68 1 9-260 7089 10- 7-68 1 31-17 7096 11-25-68 1,2 35-45 8002 1-27-69 1 9-179 8005 2-24-69 1 12-76 2 Rpld 12-82 8006 2-24-69 1 12-93 . 8007 2-24-69 1 12-122 Supp. No. 14 1825 SALINA CODE Ordinance Section Number Date Section this Code 8008 2-24-69 1 12-147 8017 4-14-69 1 2-7 8021 5- 5-69 1 9-324-9-329 2 Rpld 9-324-9-335 8023 5-19-69 1,2 22-150 8027 6- 2-69 1,2 20-39 8030 7- 7-69 1,2 App. A, ~ 15 8032 9- 4-69 1-5 12-1 8036 9-18-69 1,2 16-25 8037 9-18-69 1,2 16-26 3 16-27-16-29 8038 8-18-69 1 9-200-9-266 2 Rpld 9-199-9-328 8043 8-25-69 1,2 9-18 8044 8-25-69 1 9-25 8045 8-25-69 1,2 9-27 8047 9-15-69 1 9-200 8048 10- 6-69 1,2 6-42 (1) 8055 12- 8-69 1 App. A, ~ 3 8056 12-15-69 1 12-63(2), (3) 8059 12-22-69 1 2-197 8062 1-19-70 1 35-64 8071 3- 2-70 1 9-185 8073 3- 9-70 1 32-218 (5) 8075 3-23-70 1 35-55( 4) 8078 4-13-70 1 11-1-11-34 8079 4-20-70 1-6 2-206-2-211 8080 4-20-70 1-7 11%-1-11%-7 8087 6-15-70 1 21-29 8090 6-29-70 1 29-23 8091 6-29-70 1 29-25 (f) 2 29-25 (g) 8092 6-29-70 1 29-39 8095 7-20-70 1 22-67 2 22-74 8099 8-10-70 1 34-68 8104 9-14-70 1 9-352(1), (2), (5), (7) 8105 9-21-70 1 23-14 8107 10- 5-70 1-4 9-2 8108 10- 5-70 1 9-18 8114 10-26-70 1 23-68 8115 10-26-70 1 23-68.1 8116 10-26-70 1 23-68.2 8117 10-26-70 1 23-147 8118 10-26-70 1 23-147.1 Supp. No. 14 1826 e CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 8120 11- 9-70 1 34-90 8122 11-16-70 1-7 13-11-13-17 8124 11-23-70 1 9-200 8125 11-30-70 1 9-239.1 8126 11-30-70 1 9-239.2 8127 11-30-70 1 9-239.3 8128 11-30-70 1 12-76 8129 11-30-70 1 12-89 8134 12-28-70 1-9 23-171-23-179 8135 12-28-70 1 23-58 8138 1-18-71 1 6-50 8139 1-18-71 1 6-51 8140 1-18-71 1 6-61 8141 1-18-71 1 6-61.1 8143 2- 1-71 1 2-58 8146 3-15-71 1,2 9-63 8147 3-15-71 1 Rpld 9-7 8148 3-15-71 1 Rpld 9-26 8149 3-15-71 1 Rpld 9-27 e 8150 3-15-71 1 Rpld 9-28 8151 3-15-71 1 9-205.1 8152 3-22-71 1 9-145(4) Char. Ord. No.6 3-29-71 App. F Char. Ord. No.7 3-29-71 App. F 8153 3-29-71 1,2 6-55 8159 6- 7-71 1 9-166 (1) 8160 6- 7-71 1 9-205.2 8164 6-28-71 1 Added 8-29-8-50 2 Rpld 8-29-8-42 8180 11- 1-71 1 App. A, ~ ll-a 8181 11- 1-71 1 App. A, ~ 12-a 8182 11- 1-71 1 9-401-9-404 8184 2- 8-72 1-4 2-24(a)-(c) 8190 2- 7-72 1 28-60 8191 2- 7-72 1 28-58.1, 28-58.2 8192 2- 7-72 1,2 28-51 8197 3-27-72 1,2 9-146 8198 4- 3-72 1,2 9-179 8204 5- 8-72 1,2 App. A, S 11 (20) 8208 5-22-72 1 22-122 8209 5-30-72 1 16-1-16-76 2 Ch. 16 (note) 8210 5-30-72 1 Rpld 9-236 . Supp. No. 17 1827 SALINA CODE Ordinance Section Number Date Section this Code 8211 5-30-72 1 Rpld 12-78-12-81, 12-83-12-88, 12-92, 12-93, 12-96-12-112 8212 5-30-72 1,2 9-181 8213 5-30-72 1 Rpld 9-182 8214 5-30-72 1 Rpld 9-183 8215 5-30-72 1 Rpld 9-184 8216 5-30-72 1 Rpld 9-185 8217 5-30-72 1 Rpld 9-186 8218 5-30-72 1 Rpld 9-187 8219 5-30-72 1 Rpld 9-188 8220 5-30-72 1 9-7 8221 5-30-72 1 9-200 8222 5-31-72 1 12-78 8223 5-31-72 1 12-81 8224 5-31-72 1 12-80 8225 5-31-72 1 12-79 8226 6- 5-72 1,2 9-18 8229 6-19-72 1,2 34-68 8231 7-10-72 1,2 23-172 8232 7-17-72 1,2 34-68 8240 8-21-72 1 11-17 2 11-19 8241 8-21-72 1 27-1-27-15 8246 9-11-72 1 16-42-16-44 8247 10- 2-72 1 App. A, ~ 6(9) 8251 10-16-72 1 App. A, ~~ 3,25 8258 11-13-72 1 6-45 8259 11-20-72 1 Rpld 20-57 8261 12- 4-72 1 Rpld 12-40 8265 12-11-72 1 35-55 8271 12-18-72 1 34-68 8272 1-15-73 1 9-411-9-431 8273 2- 5-73 1 9-139 8274 2- 5-73 1 9-207 8275 2- 5-73 1 9-241 8287 6- 4-73 1-7 27-91-27-97 8290 7- 2-73 1 9-200 8305 7-17-73 1 31-17 8306 9-17-73 1-5 31-81-31-85 8309 10-29-73 1 16-1-16-8 16-19-16-31 Sup.!). No. 17 1828 e CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 16-33-16-37 16-54-16-68 16-70-16-76 8314 11- 5-73 1 9-145 (4) 8315 . 11- 5-73 1 31-86 8317 11-12-73 1 16lh-1-16lh-13 2 Rpld 2-206-2-211 l1lh -1-11 'h-'7 Char. Ord. No.8 10-29-73 App.F 8322 12-10-73 1 28-56, 28-56.1 8328 1- 7-74 1 9-18 8329 1- 7-74 1 9-440 8330 1- 7-74 1 9-63 8338 3- 4-74 1 21-29 Char. Ord. No.9 3-18-74 App.F 8345 4- 8-74 1 6-7 8348 4-29-74 1 27-1-27-3 2 Rpld 27-1-27-15 8358 7-15-74 1 16lh-25-16lh-27 e 8359 7-15-74 1 34-68 8364 8-26-74 1 16lh-28-16'h -31 8373 11-25-74 1 20-1 8374 11-25-74 1 20-9 8375 11-25-74 1 3-6 8376 11-25-74 1 7-22 8377 11-25-74 1 7-50 8378 11-25-74 1 7-68 8379 11-25-74 1 7-69 8380 11-25-74 1 7-91 8381 11-25-74 1 7-110 8382 11-25-74 1 7-127 8383 11-25-74 1 9-68 8384 11-25-74 1 9-132 8385 11-25-74 1 9-145(3) 8386 11-25-74 1 9-152 8387 11-25-74 1 9-216 8388 11-25-74 1 9-220 8389 11-25-74 1 9-247,9-250 8390 11-25-74 1 9-387 8391 11-25-74 1 9-417 8392 11-25-74 1 18-6 8393 11-25-74 1 20-38, 20-39 8394 11-25-74 1 20-42, 20-43, 20-50, 20-53, e 20-55, 20-58, Supp. No. 21 1829 SALINA CODE Ordinance Section Number Date Section this Code 20-59, 20-64- 20-66, 20-68, 20-69 8395 11-25-74 1 21-23,21-24 8396 11-25-74 1 29-26 8397 11-25-74 1 31-66 8398 11-25-74 1 32-209 2 Rpld 32-210 8399 11-25-74 1 33-26 8400 11-25-74 1 34-22 8401 11-25-74 1 34-54 8402 11-25-74 1 34-57 8403 11-25-74 1 34-89,34-96 Char. Ord. No. 10 12- 9-74 App. F Char. Ord. No. 11 12- 9-74 App. F 8406 12-23-74 1 9-179 8408 1- 6-75 1 9-25 8409 1- 6-75 1 9-40 8410 1- 6-75 1 9-67 8411 1- 6-75 1 9-163 8412 1- 6-75 1 9-203 8413 1- 6-75 1 9-346 8414 1- 6-75 1 9-368 2 Rpld 9-369 8415 1- 6-75 1 9-388 8416 1- 6-75 1 14-16 8417 1- 6-75 1 32-74 8418 1- 6-75 1 32-215 8419 1- 6-75 1 35-20(2) 8420 1- 6-75 1 App. A, ~~ 9, 10 8426 4-14-75 1 6-37 Char. Ord. No. 12 5-12-75 App. F 8433 5-19-75 1 28-48-28-68 8438 6- 9-75 1 22-65 8539 6-16-75 1 Rpld 6-50, 6-61, 6-61.1 3245 (Res.) 9- 8-75 1-10 App. C, ~~ 1-10 8454 9-18-75 1 App. A, ~ 9 8461 12- 8-75 1 20-57 8466 12-22-75 1 9-411-9-433 8468 1-26-76 1 9-69 8469 1-26-76 1 9-134 8470 1-26-76 1 9-225 8471 1-26-76 1 9-387 8476 3-22-76 1-6 2-54.1 Supp. No. 21 1830 e CODE COMPARATIVE TABLE Ordinance Section Number Date Section this Code 8477 3-22-76 1 35-64 8478 4- 5-76 1 App. A, ~ 14b 8479 4- 5-76 1 App. A, ~~ 9, 15 8480 4- 5-76 1 App. A, ~ 1 2 Rpld App. A, ~ 20 8482 4-19-76 1 20-39 8485 5- 3-76 1 21-1 21-12-21-19 21-30-21-32 21-43 2 Rpld 21-1-21-6 21-17-21-36 8488 5-24-76 1 llA-1,llA-2 llA_10, llA-ll llA-20-11A-22 llA-30-11A-31 llA-40, llA-50 llA-60-11A-M llA-70-11A-73 ", llA-80, llA-81 e 2 Rpld 16%-1-16JA.-13 16% -25-16%-31 8489 5-24-76 1 llA-90-11A-98 8492 5-24-76 1 App. A, ~ 21 8526 12-13-76 1 36-100-36-102 36-200-36-205 36-300-36-302 36-400-36-408 36-500-36-505 36-600-36-618 36-700-36-707 36-800-36-818 36-900-36-907 36-1000,36-1001 36-1100-36-1106 36-1200-36-1208 36-1300, 36-1301 8527 12-20-76 1 27-4 8531 1- 3-77 1 9-18 8532 1- 3-77 1 9-450 8533 1- 3-77 1 9-200 8534 1- 3-77 1 9-440 8535 1- 3-77 1 9-63 8539 1-31-77 1 20-75-20-79 e Supp. No. 24 1881 SALINA CODE Ordinance Section Number Date Section this Code 8540 1-31-77 1 35-54-35-69 8544 2-28-77 1-19 App. E, Art. III 8547 3- 7-77 1 2-196-2-200 3311 (Res.) 3-14-77 App. D, ~ 1 8552 3-28-77 1 7-91 8553 3-28-77 1 Rpld 9-401, 9-402, 9-404 8554 3-28-77 1-3 21-1(3)-(5) 8555 3-28-77 1 21-30(2), (3) 8556 3-28-77 1 23-175 8557 3-28-77 1 32-130 8558 3-28-77 1 App. B, ~ VI(E) (1) 8560 4- 4-77 1 22-150 8563 4-11-77 1 32-55 8583 8- 8-77 1 36-604(3)1 8584 8- 8-77 1 36-604A 8599 9-12-77 1 36-1000(2)(d) Char. Ord. No. 13 9-19-77 App.F 3339(Res.) 9-26-77 1-3 32A-11-32A-13 Char. Ord. No. 14 10- 3-77 App.F Char. Ord. No. 15 10-17-77 App.F 8605 11- 7-77 1 9-179 8619 1-30-78 1 35-5 8623 3- 6-78 1 2-206-2-216 8626 3-13-78 1 25-50-25-54 8630 3-27-78 1 36-610(2) 2 36-611(1) 3 36-612(2) 4 36-613(1) 5 36-614(1) 6 36-615(1) 7 36-616(1) 8 36-100(3) 9 36-1001 (3) 10 36-1301 (95a) Char. Ord. No. 16 5-15-78 App.F 8641 7- 3-78 1 35-26 8642 7- 3-78 1 35-29 8643 7-10-78 1,2 11A-72(6), (8) 8644 7 10-78 1 11A-72(9) 8645 7-10-78 1 11A-72(13) 8654 8-28-78 1 31-17 8657 9-11-78 1 36-402 Supp. No. 24 1832 CODE COMPARATIVE TABLE e Ordiaaaee Section Number Date SectiOR thiB Code 8863 9-25-78 1 36-403 2 36-907(2) 3 36-1301 (67a) 8664 9-25-78 1 36-600(1) S 36-602(2) 3 36-602(2) , 36-603(2) 5 36-604(2) 6 36-604A(2) 7 36-605(2) 8 36-608(1) 9 36-609 (1) 10 36-610(1) 11 36-611(1) 8668 10-16-78 1 22A-1-22A-5 8679 12-11-78 1,2 6-25, 6-26 8685 1-22-79 1 35-54-35-69 8688 2-26-79 1 App. B, ~ IV (B) (13) 8689 2-26-79 1 11A-93 e 8692 3- 5-79 1 11A-72 8703 3-12-79 1 36-602 ( 4) 2 36-603 ( 4) 87M 3-12-79 1 28-48 8707 3-26-79 1 22-180 8708 3-26-79 1 22-190 8713 5-14-79 1 6-55 Char. Ord. No. 17 6-18-79 App.F 8723 7- 9-79 1 Rpld 7-1-7-7 8724 8- 6-79 1 25-7-25-9 8730 8-13-79 1 Rpld 2-206-2-216 8734 8-13-79 1,2 App. B, ~ III (A)(1), (4) 8735 8-13-79 1 27-4 8736 9-10-79 1 11-1-11-4 2 Rpld 11-1-11-34 8740 9-10-79 1 Rpld 9-2 8741 9-10-79 1 9-18 8742 9-10-79 1 9-63 8743 9-10-79 1 9-163 8744 9-10-79 1 9-200 8745 9-10-79 1 Rpld 9-203 8746 9-10-79 1 9-205.1 8747 9-10-79 1 Rpld 9-235 e Supp. No. 26, Revision 1838 SALINA CODE Ordinanee BeetlOll Number Date Section thl. Cod. 8748 9-10-79 1 9-889 8749 9-10-79 1 9-440 8750 9-10-79 1 9-480 8754 10- 1-79 1 9-440.1 8755 10- 1-79 1 9-441-9-449.. 8757 10-22-79 1 11-15~2-181 8760 11-19-79 1 36-8AOO-36-8A99 8761 11-19-79 1 22-190 SO-8767 1- 7-SO 1 9-352(3) SO-8768 1- 7-SO 1 9-352(1)a Supp. No. 26. Revision 1884 e e e CODE INDEX A ABANDONED ICEBOXES AND SIMILAR CONTAIN- ERS Safety precautions upon abandonin~ ___mmmh___mmm__h__ ABA'M'OIRS Places where animals kept. See: Animals and Fowl ACCIDENTS Traffic. See that title ACCOUNTING Old records, destruction. See: Public Records AD VALOREM TAXES. See: Taxation ADMINISTRATIVE DEPARTMENTS. See: Depart- ments of City ADULTERY Indecency and obscenity. See that title ADVERTISING Going out of business sales. See that title Handbills, circulars and similar printed matter Placing in or on motor vehicles -----______m____m____________ Tearing down, defacing, mutilating when lawfully posted ---------------m-------___________________h_____m___________ Throwing, scattering on private property _m.._____________ Utility poles, fences and similar places Posting on --mm--_mh_______m____m_____m____m__________________ Licenses and license fees. See: Licenses, Certificates, Etc. Loudspeakers and sound trucks Hours of use regulated ___m_..._____ -____n________m__.__m__.m__ Licenses. See also: Licenses, Certificates, Etc. Fee m---------m--m_m______hm_m_______m____m______m______.__ Operation without ___m__._ _ .'_m___. m_________m_____m__________ Required _______.____m_ _m____m_ .-m______..__m___._________m_______ Obscene advertising. See: Indecency and Obscenity AFFIRMATION. See: Oath AFFIRMATIVE ACTION Equal opportunity and affirmative action. See that title AGREEMENTS. See: Contracts and Agreements AIDING AND ABETTING OFFENSES. See: Offenses Supp. No. 24 1835 Section 23-146 3-1 3-4 3-2 3-3 3-7 3-6 3-6 3-5 SALINA CODE AIR CONDITIONERS Installation regulated. See: Water and Sewers AIR POLLUTION Board of appeals Defined __ _____ _nmnm_ ___ nm_______________ mm___m_____m____n____ ___m Designated _m_______n__________m___ ________ ____m____m________________ Duties in general mmmnm________m_m___mmn_n__nm___nn_m_ Procedures n__n__m_____ _____dm__d__ _m___ __ _______m______mm___________ Building official Defined ____m_m_ .0____.0____ ________ .0______ __ _ m_m__md___m_md__ 00____ Duties en urn era ted ___mum_m _ _ .0.0.0_ _ ____n__nm__m______mmm__ Hearings by _____n__m____m__n_n____n____ n____n_______m______m_______ Interfering with n_m__hm_mn___nn__ n___nnn___m__mm__n____n Cinders, dust, fly, ash, noxious acids, etc. Definitions 00 _m_____m_m__m_n__n____ _m____n__m_ n_______m__d_n_n__ Dense smoke Aba tern en t 00 ______nm_mnmm___n___nm___ _ m__m ___.om __m___n _m__ Defined n__m_ _m____ m_m_____m_m_m___n____n___m__n_n_____ n___m____ Emission _n_nn_____m_mm_m__________m___ m__m_____m____m____ - --.0 Exceptions to prohibitions _ ______mmdm_m___mn_mmn__mn Ringlemann chart. See hereinbelow that subject Enforcement of provisions, interfering with m__m_m__n__ Equipment, devices, apparatus Annual inspection, certification .._m_mm_____nd_mm____h_ Grace period n____d__m__m m___dm -- _ _ - m___n ___m__mn______h --- Construction, reconstruction, addition, alteration, etc. __h____ _m____ m_ .0.0 ___nm - __ - m___ ___ - __ - mm___m_m m_____ ------ Inspections Duty of building official m n __m___ ____mnm__m_m__m_mm_ Fee s _ _ _ _ _ _ 00 m - __ - - m_ .0 __ --.0---- -.0- _m m_ ____ - ___ __m m____ __ - - -- - - - m m_ - --- Permit. See also: Licenses, Certificates, Etc. Fees m_m_ _nn___mm__m__m_m___ _ __ __.0__ no _ _nmn_m__mnm____n__ .0 Person, firm or corporation Defined __m___n_m_m______n _____m __ ______ _mm___________n___________m__ Ringlemann chart Adopted ______n_mn___m______m____n______ ___ __ ___mm__d___n _____m_m__ Defined ____m_mnn_________m__m __m___m___n_m mmnm______________ Dense smoke. See also within this title that sub- ject Use n_m________d_n___m__m__m___ 00 - ___ .om __ ___ ________m__d_____mnn_n__ Smokeless solid fuel Use of __m_mn____m_m________m___n__n_____ - _d____nd___n_m__mm_m Soot, cinders, noxious acids, fumes, etc. Abatement ______m_____________________________ n_____ ____m__n__________n____ Escape of nm___n__n_m____________ ___________ m__m_m_________m__________ Supp. No. 24 1836 Section 4-1 4-14 4-14 4-14 4-1 4-3 4-13 4-12 4-1 4-4 4-1 4-4 4-5 4-12 4-9 4-10 4-8 4-3 4-11 4-11 4-1 4-2(1) 4-1 4-2(2) 4-7 4-6 4-6 e e e CODE INDEX AIRPORT ZONING (Appendix AI) Appeals __m_____ ________________m__m m__ _ __m_ m ________________m_____m_____n Judicial review _m______m_mm__h___m n___m__m_mhh____mm___h_ Board of adjustment h_____m____ _m_________m_m____h__m____m_______ Appeals ___mm______n__m____m__m___________nn__m___ _________m____m_n Judicial review ____h____nhm___h ___________hm_____mmm__mm____m_ Commission Created _______m_______________m___m_____m_____m_mn__________m_n______n Duties __m________m______________________n_______ _ m__mm_m__m______mn_ Number of members; qualifications _m____mm_____m_m____ Conflicting regulations ___m mumm___ _mnmmm_____m__h_____m Definitions __m_mm___________n_______________ ___ ___mm_____n___m_mm_____ Effective date of provisions___m_______m_m_mmnm___oo__m_m Enforcement of provisions ______mmn________m__m__mm..m___m_ Hazard marking and lighting Permits or variances, etc. _ _____m__mmm_____m_m______nmhU Height limitations ______m__m_m__________h____________mm_____m_____m_ Judicial review ______m_ ______um_n___m__mmm__m_mmm_____m__m___ Nonconforming uses __m______m_________oo____ ____m_m___mnn___nn__h Abandoned or destroyed m______m_____mn__m_____________________m Penalties __________________mnmm_____n_______n ___ __m______m_m_________m____ Permits ___m___nmm_m_mh__m_ ____ ___nmm________m___________h__ Provisions Conflicting _____mm________moo_m_ __h___________mm__mmm_____m__n Definitions _____n___m_n_______________h_m_________m__mm_____________m_ Effective date ___m__________m__________m______h_____m________m______m Enforcement ___m_mhh_m_mm____m__ _nm___m_____m_____m_______ Penalties __moomm_m______m_____m___m___ ____mm____m__________m___n Severability _m_m___m_mnnm.. _ 00________ _n____m_______m_______n__n_ Short title ______m__m_m__________n ____nm___n______m__m________n_mh__ Severability of provisions ____mm__________mm_m_m______m___m___ Short title _mn__n__________________m_m_____________n_______m______n__mn Use restrictions ___________n____________n____________n______mn__n_____ Variances _____mm_m_____________h__n__________ _m_m_m_m____n__n_m______ Violations, penalties u_________m____ n_______m_m__mm_____________n_____ Zones established _m____m__m_______________. _m_m____m_mm____________ Zoning, other. See: Zoning Section 10 11 9 10 11 5-7 5-9 5-8 13 2 15 8 AIRPORTS AND AIRCRAFT Authority Created um_____m_m_______u_m_m..._m_m. __ m_____h___mhm_____mh_ 5-1 Management n___m_____m_nm___ __m__ ____nm_________m____________m 5-2 Subject to statutes _____m__m____m___ __m______mnm___m_____m__ 5-3 Board of directors m mnm_unm___mn ___ _m__mm____nm___n______ 5-2 Commission for airport zoning. See: Airport Zoning Police power extended over airport _mh_______mnmmmm_m 5-4 Supp. No. 24 1837 7(e) 4 11 6 7(c) 12 7 13 2 15 8 12 14 1 14 1 5 7(d) 12 3 SALINA CODE AIRPORTS AND AIRCRAFT-Cont'd. Rules and regulations Adoption and promulgation ___m__mu_________n____________n____ Viola tion, penalty _n ___u__n__________________n _n____________________ ALCOHOLIC BEVERAGES Alcohol, defined ______._ ___nm________m___n___um__h_______ ________m___ Alcoholic liquor, defined ___n_________________n___________________n_n__ Amusement places. See: Amusements, see also various amusement places as indexed Beer, defined ____n____n_m___m_________mn_______n______m_d_______h_____ Bicentennial center Consuming alcoholic liquor in h___m________h______n______m_m Authority to regulate ___________h________h__________.__________ Billiard halls. See: Billiards, Pool and Shuffleboard Blood tests for driving under influence. See: Traffic Cereal malt beverages Charter ordinance pertaining to mm_._m.m______h_d_h____ Consumption Hours and days ____n.______h_.n________h_m______________________ Public streets, etc. ______________h___m_m__m_________m_______ Definitions m____.__..m________._________n_______________________h___ Distributor Relationship of retailer to ________m________h__m_____ State license m___m___m______m_h________________._____ Election day sales ____._m_m_h______________________________n_____ Employees, licensee responsible for acts of ___m__m____ Gambling in premises m___________n__m__h___________________ Hours, days, sales and consumption regulated ____h_ Intoxication and disorderly conduct License revocation ________________h___mm_hn_________m______ Licenses and license fees. See also: Licenses, Certi- ficates, Etc. Acceptance of regulations, constitutes ___._______m____ Applications Responsibility of licensee __m_h_____n__m__h_h_____m Revocation m__d___ _ _________________h___m___m_ m_m_______m__ Appeals from n_m______________mm________________n__n Committing act that is grounds for _m_m__________ Re-licensing after __________________.m_______m___________ Manufacturer, relationship of retailer to ___m.--h-m___ Minors. See also within this title that subject Age, misrepresentation m_mh_m_m_____m__m_________________ Furnishing to __h_________n__m_m___________.n.nm_n____m_m_____ Loitering ____h______n_______ _h_____mm_________ ____mm__m__ Supp. No. 24 1838 Section 5-5 5-6 6-1(1) 6-1 (2) 6-1 (3) 6-25 6-26 App. F 6-48 6-49 6-35 6-67 6-68 6-48 6-65 6-56(7) 6-48 6-56 6-64 6-65 6-56 6-58 6-57 6-59 6-67 6-54 6-63 6-55 e e e CODE INDEX ALCOHOLIC BEVERAGES-Cont'd. Place of business Open to public and to police m_m___m____mmm_m___n_n__ Possession Alcoholic liquor in premises n______mm_m___m_mU__U__ General cleanliness and sanitation uum_m_h_mmmm_ Inspection of mm______n__m__mh__nmnm__m___mnn_mn_m__ Intoxication and disorderly conduct in _mmnn_nmm Responsibility of licensee _m__m__ __m_m_mh___mm_m Public places, consumption in nnm_m____n__mmmU_m_m Retailer Relationship to manufacturer, distributor, whole- saler nm_nmm ______m_n___m____mU_nhm______nm___n_____ Retailer's license Applications Action on, journal to show _om _ _________n__ Examinations, investigation of __ m mn______ _ Generally _m_n_m_um_mmm _ m . m_m__u 00___ m 00_ 00 __ __m __m Con tents ___m_hmm__mm_ _mn_nn_h _m____ mm m_n_hnn_ m_nn Fees __________nm_mm____n_____m_n_h_____m__mmnm___________________ Issuance m_____h__m_m___mm ____om n____n_mmn__nnmUmnnm Journal of board of commissions to show action on 'application m_m__mU_h___n_h_hmm_mn_mm_n__m Part of year _____mmmmnUh__mmmm__m_nnhm_m______m___ Partial fees ____________n_n_nn__n__m___n__n__m_n_h_n_m_m___m Persons ineligible for _m__mm_U_n___hmm__h__mnm____nm Posting __ ____nn___mn__nn_m_____n_m__U_hm_n____m_________mum Required; scope nmmmmnmm___mm_ummm_____n___mh___ Transferability nn_m_n_ _m__mm_m____hUm_m___mn_mn_h_ Zoning restrictions u__mmn_n______mm__hUmm_m__m__m__ Samples for analysis nm___m_m_m__m__n___m___nm_n__mm_ Sunday sales _m_m_____mm_n__nmn______n_nnm__m__mmm___n_ Wholesalers Relationship of retailer to _U_Umnn__mm_mmnn____m State license __n_n_n____n_m_h__h_mn_____mu____nnm___________ City retailer's licenses. See also within this title vari- ous types of licenses Penalty for failure to have _____n______n__m_hn_mmmm_m State retailer's license prerequisite to ___nh_mUm__mm Class B club licenses Applications Journal to show action on m_______n_____mm___m_mm____n_ Requirements n__nhn__n______n_______n__m__nm_n______________m Contents ______m_______m______n_m_m___n__n_____m____mm____m___n____ Payment, when _____h_m_______n__n_mm_nnn_m_mn_nnhh_mm__ Posting ________m_m___n__hhn__nn______m_________n___n__n___m__h__m Supp. No. 24 1838.1 Section 6-51 tl. 6-52 6-66 6-62 6-63 6-65 6-49 6-67 6-44 6-40 6-39 6-47 6-37 6-41 6-44 6-38 6-38 6-42 6-46 6-36 6-45 6-43 6-60 6-48 6-67 6-68 6-6 6-5 6-83 6-82 6-86 6-80 6-85 SALINA CODE .. ALCOHOLIC BEVERAGES-Cont'd. Trans! erability _____m _____m_______________ ____ ________________m_ __________ Violations, penalty mm____m n_______m_________m__________________ Cleanliness and sanitation Cereal malt beverage premises _________m_m___________________ Consumption Cereal malt beverages. See within this title that sub- ject Required _______________________________m_______________________________ Revocation ______________________m______m___ __mm_mm_____ State license, applicant to have __________________________________ -Tax levied ___________________________________________________________ Supp. No. 24 1838.2 Section 6-84 6-88 6-66 6-79 6-87 6-81 6-80 e e e CODE INDEX ALCOHOLIC BEVERAGES-Cont'd. Consumption in public places. See within this title: Public Places Days and hours of sale m_____________mm______m____hmmm_m_h_ Cereal malt beverages. See within this title that subject Definitions n___ _ nm__m____ mn_____ m __m_____m________mm_mmm___ Cereal malt beverages. See also within this title that subject Distributors Cereal malt beverages. See within this title that subject Defined __________________________________________m____________----- Violations by. penalty m_ ____mm _m____mm______m______m____ Distributor's license tax Levied _ ____ _ _ _____m__ _ __m__n_____________h___mm______________ State distributor's license prerequisite to city li- cense __ n____ __ _ ____ ____m__ __ __m_ 00__ _____m_________ ____m_______________ Violations, penalty _____n____mm______m____mmm_ _m___m_m_____ Driving under influence. See: Traffic Drugs Driving under influence. See: Traffic Drunkenness ______ __ _ _n_ __________________________m________m_____________m____ See also within this title various similar provisions Election days Cereal malt beverages. See within this title that subject Sales on __ ____ - __ - - - - - ___ ___ m_ __mm_____ ______________mm____m_________ Exceptions to prOVISIons _____m_____m______m_______m__m__m_______ Food establishments, entertainment in. See: Amuse- ments Ho I iday sales _ _ ___m______ __m________h_m______h_m__m__________ Cereal malt beverages. See within this title that subject Hours and days of sale m_m_m_____mm___m_____m_m_m________ Cereal malt beverages. See within this title that subject Incapacitated persons Furnishing, sale to m___hm_m____m_m____mm___________________ Penalty for violations __m__________m______m________h____m___m__ Intoxication and disorderly conduct Cereal malt beverage premises h_______m_______mmm____ Drun ken ness _ _ _____m______________m ________ m___ ___ __m_____m m______ Licenses. See also within this title various types Cereal malt beverages. See within this title that subject Supp. No. 23 1839 Section 6-7 6-1 23-110 6-63 23-110 6-1(4) 6-20 6-18 6-19 6-20 6-7(1) 6-24 6-7(3) 6-7 6-15 6-16 SALINA CODE ALCOHOLIC BEVERAGES-Cont'd. Class B club licenses. See within this title that subject General business regulations. See: Licenses, Cer- tificates, Permits, Etc. Malt beverages. See within this title: Cereal Malt Beverages Manufacture Defined mm mnh.nn...mmmmnm.h..__n__h_nm__n_h__ Exceptions _.m__m. hn.m__m._h____n__ _._. __n____mhm_. _ __ State license for _m..h_m_nmhmmmn__h_mmnmhm_hn Minors. See also that title Age, misrepresenting _mnhm._nm_mn____m_nnm_n___ Cereal malt beverage restrictions. See within this title: Cereal Malt Beverages Employing _mmhm__nm_.n_ ___n_____m _.___ ___mhmn__._________ _ m_ Penalties for violation .___m_m______mnm_h_mmn__h_____n Possession by mn_mmh.n___________n_n___nnm_m_n_hnm___ Purchases by hmmh_nm..n_____m_mnnn ___m.h_mnn_n_h__ _m_ Sales to mm__nh_______m_n_nm_n________m___m____m_______h_______n___ Open saloons .hmmm__nhhm_mm__n__nm__h_nm_..n_.____ Original package Defined h-____m______....mmm_.___m_h.h_mn_nn._.__ ._____ Sales in h.hUm._mmm_m_.___mUmhn.n_m_mh_nn_mU..h_.n_n_ Penalties. See within this title various offenses Physicians or dentists Exceptions to provisions Um._mmmhh_._hmnmmhnn__ Poolrooms. See: Billiards, Pool and Shuffleboard Possession Cereal malt beverages. See within this title that subject Exceptions _mnm_ m__hnm_mn___.__n_ ___ _00 __ _ 0000 m__._m__ ____ Generally __mhnmnn_____m ____ _mn____n__n n_h___n_____.hm ___ __ Minors. See within this title that subject Premises Cereal malt beverages. See within this title that subject Public places Consumption of alcoholic liquor in public places ____ Charter ordinance pertaining to .h______m.m_.____.__..._n. Retail premises Cereal malt beverages. See within this title that subject Entertainment in nn_m____nnmm__nm _ _ _.mnn_m_ SuPp. No. 23 1840 Section 6-1(5), (6) 6-24 6-2 6-12 6-9 6-16 6-14 6-13 6-12.1 6-23 6-1 (8) 6-17 6-24( 1) 6-24 6-21(2) 6-22 App. F 6-11 e CODE INDEX ALCOHOLIC BEVERAGES-Cont'd. Retail sales Cereal malt beverages. See within this title that subject e e Supp. No. 23 1840.1 e e e CODE INDEX- ALCOHOLIC BEVERAGES-Cont'd. Retailers Defined ........................................ Felons, employment of .......................... Retailer's license tax Levied ......................................... Retailer's premises Mixing drinks on ................................ Open saloons .........................;......... Sacramental purposes, wine for .................... Sales Cereal malt beverages. See within this title that subject Days and hours restricted ....................... Defined ........................................ Incapacitated persons ........................... Minors. See within this title that subject Original packages .............................. Saloons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sell at retail and sale at retail Defined ....;.. -.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shuffleboard places. See: Billiards, Pool and Shuffle- board Spiri tSi Defined ........................................ State licenses. See within this title various subject State retailer's license Prerequisite to city license . . . . . . . . . . . . . . . . . . . . . . . Required ....................................... Sunday sales ..................................... Cereal malt beverages. See within this title that subject Taxicab restrictions. See: Taxicabs "To sell" Defined ........................................ Transportation Exceptions ..................................... Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Violations. See within this title various offenses Search warrants. See: Police Court Wholesalers Cereal malt beverages. See within this title that subject Wine Defined ........................................ Sacramental ..................................- Supp. No. 25 1841 Section ' 6-1(10) 6-10 6-3 6-8 6-23 6-24(2) (b) 6-7 6-1(11) 6-15 6-17 6-23 6-1(12) 6-1 (13) 6-5 6-4 6-7(2) 6-1(14) 6-24 6-21(1) 6-1(15) 6-24(2) (b) SALINA CODE ALLEYS General definitions applicable to streets and sidewalks See also: Streets and Sidewalks Street encroachments, other regulations pertaining to public ways. See: Streets and Sidewalks Traffic. See that title Section 1-2 ALMS Soliciting. See: Vagrancy AMENDMENTS TO CODE. See: Code of Ordinances AMPLIFIERS Loudspeakers and sound truck licenses. See: Adver- tising AMUSEMENT DEVICES Licenses and license fees. See: Licenses, Certificates, Etc. AMUSEMENTS Alcoholic beverage premises. See: Alcoholic Bever- ages Arcades. See that title Billiards, pool and shuffleboard. See that title Carnivals, circuses and tent shows. See that title Dancing and dance halls. See that title Entertainment in food establishments Disorders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-95 Gambling ...................................... 7~95 Hours limited ................................... 7-94 Intoxicating liquor .............................. 7.95 General provisions relative to alcoholic beverage premises. See: Alcoholic Beverages Licenses Appeal from denial ........................... 7-92 Applications .................................. 7-92 Expiration ................................... 7-91 Fees ......................................... 7-91 Issuance ..................................... 7-93 Required ..................................... 7-91 Revocation ................................... 7-97 Suspension ................................... 7-96 Transferability ............................... 7-91 Sunday activities ............................... 7-94 Entertainment in retail alcoholic liquor establish- ments. See: Alcoholic Beverages Firework displays. See: Fireworks Supp. No. 25 1842 e e e CODE INDEX AMUSEMENTS-Cont'd. Minor restrictions. See within this title various sub- jects See also various amusements as indexed Municipal swimming pools. See that title Parks, playgrounds and recreation. See that title Public dances. See: Dancing and Dance Halls Recreation, other. See: Parks, Playgrounds and Rec- reation ANIMALS AND FOWL Baby chicks, dyed or colored ...................... Biting animals. See within this title: Impoundment of Animals Cages. See within this title: Places Where Animals Kept Cattle herds, milking. See: Milk and Milk Products Cruelty, overworking, torturing, etc. .............. Dog fighting. See within this title: Dogs Dyed or colored rabbits, baby chicks, etc. ........ Dead or diseased animals or offal, transporting. See: Streets and Sidewalks Diseased animals Impoundment of animals. See within this title that subject Dogs Confinement Rabies suspects .............................. Definitions ..................................... Disturbing the peace ........................... Dog fighting ................................... Female dogs Confinement while in heat .. . . . . . . . . . . . . . . . . . . . . Hobby breeder Permit required ................... . . . . . . . . . . . . Registration, vaccination. See within this subtitle that subject Imported dogs Certificate required for sale .................... Registration; transferring. . . . . . . . . . . . . . . . . . . . . . Impounding Killing, authorized, when ..................... Other animals. See within this title: Impound- ment of Animals Procedure, disposition, etc. .................... Rabies suspects ............................... Tranquilizer gun, use authorized .............. Supp. No. 25 1843 Section 8-14 8-2 8-14 8-40 8-29 8-42 8-30 8-49 8-46 8-48 8-47 8-37 8-36 8-40 8-37 SALINA CODE ANIMALS AND FOWL-Cont'd. Kennels Operating license required ..................... Registration, vaccination. See within this subtitle that subject Killing authorized, when .............;........... Licenses Purchase from city clerk,....... .... . .. . . . . . .. . Maintenance requirements ....................... Parks, dogs and other animals in. See: Parks, Play- grounds and Recreation Provisions Penalties for violations ........................ Public places or buildings, entering .............. Rabid animals, other Dogs bitten by ............................... . Rabies suspects Impounding, confining ......................... Registration, vaccination Commercial kennels, fees ...................... Exceptions to provisions ..................... Fees........................................ . Hobby breeders, fees .......................... Imported dogs ................................ Licenses Required, purchase .......................... Procedure for registration ...................... Reports ...................................... Required ..................................... Supp. No. 25 1844 Section 8-45 8-37 8-32 8-43 8-50 8-39 8-41 8-40 8-32(a) 8-34 8-32 8-32(b) 8-47 8-32 8-33 8-32 8-31 e e e CODE INDEX ANIMALS AND FOWL-Cont'd. Right of entry _____m_____m________uu_muu____uh_mm_____m_u____ Transient dogs h______uu_mm______m______hUUmum_mm_______ Generally m______m___ Impounding. See within this subtitle that sub- ject Other animals. See within this title: Running at Large Theaters, restaurants, stores, etc. Dogs en teri ng m_m_m_____ ____m_ h__hh ________hU_____m____________ Tranquilizer gun used to apprehend ___hm_m_m_mm___m_ Vicious dogs Eu thanizing, when m___m___ m_ m_ m_____ _m_____________um___m Impounding. See within this subtitle that subject Kee ping ____ m_ ____ ____ ____________m_____ _____ ___________m_h______ ------------ Violations, penalties m___m___m__m___m______mum________m_ Ducklings, dyed or colored _m_m _______um__ Emergency measures in event of rabies epidemic Fighting dogs. See within this title: Dogs Impoundment of animals Authorization Biting or diseased animals Destruction or treatment _m______m___u_ Dog provisions. See within this title: Dogs Failure to redeem __h_____m_mh__________m_m______________m General requirements h_ __m____mh_m___ Redemption and release, when Disposition Euthanasia, when _mm_m ____m____m____h___hU___ Dogs. See within this title that subject Fees ____________ _m m________u _____m________ __h__m_________________ ____b_m Notice __________________________m__________hU______m_________--------------- Redemption by owner __m__________m___________Uh ___m_________m_ Running at large. See also within this title that subject Sale; disposition of proceeds ________hm___________________m___ Milk and milk products. See that title Parks, in. See: Parks, Playgrounds and Recreation Pens. See within this title: Places Where Animals Kept Picketing, staking, hitching Streets or private property, near __ ______m________ Pigeons, keeping Places where kept Livestock, fowl, etc. Location, cleanliness, maintenance m___m_____m_m___m__ Riding horses m____________m___ ---------------- Supp. No. 22 1845 Section 8-44 8-34 8-36 8-39 8-37 8-38 8-38 8-50 8-14 8-1 8-5 8-16 8-18 8-15 8-17 8-18 8-8 8-5 8-5 8-7 8-9 8-11 8-11 8-13 8-W SALINA CODE ANIMALS AND FOWL-Cont'd. Rabbits, dyed or colored h__n__nhn m__n___mnnn_____mh________ Rabies control Biting or diseased animals. See within this title: Impoundment of Animals Rabies epidemic Dog regulations. See within this title: Dogs Emergency measures in event of ___________mn_ Restaurants, animals or pets in. See: Food Regu- lations Running at large Exemptions _ _ __ nm_________u n___m__n n_______nn ___ ________ Generally n m_m____ _ ____ m__m ____ _mm_m___m__m______...______m__ Impoundment of animals. See within this title that subject Tranquilizer gun used in apprehension, authoriza- tion __nmn________n_n_______________ ___ __m___n _____..nm_..____n_m__ Stables, milk barns, similar places Livestock other than cows kept in. See: Milk and Milk Products Stables, sheds, etc. See within this title: Places Where Animals Kept Traffic provisions, applicability. See: Traffic Tranquilizer gun. See within this title: Running at Large Dogs. See within this title that subject Trespassing on public or private grounds or side- walks n _ un___._ _m_nm_______nn________hnnm___h Section 8-14 8-1 8-4 8-8 8-6 8-10 ANNEXED TERRTIORY Classification. See: Zoning Plats, subdivisions, etc. See: Planning ANTENNAE. See: TV and Radio Towers and An- tennae Television antenna franchise __m________m_m____m____m__ App. E, Art. III APPLIANCES Gas burning appliances. See: Gas ARCADES Amusement permits, other. See: Amusements Defined n_ --n-n-_____n_m__n_____h______________mm________n____m________ Licenses and license fees. See also: Licenses, Certifi- cates, Etc. Age of licensees _m__n___m____m_n____n__m___m____________ Assignability __________________m________n______________m__________ Expiration _________________m_____________________________________ Supp. No. 22 1846 7-108 7-118 7-112 7-111 e CODE INDEX ARCADES-Cont'd. Fee __ - -_____mn____n ______ _m___m__ ___ -_n___________m__________m_m_______ Issuance, form of _______n______m__n____m_______m__________ Required -----________n___n_____n_____________m_______m_________ ________ Revoca tion ---------------__________________________n_________________________ e AREAWAYS Protection. See: Streets and Sidewalks ARTS COMMISSION. See: Salina Arts Commission ASSAULT AND BATTERY Assaulting an officer ____mh___n_____________n_______________ Battery, committing -------__m_n__________h____h__________ _________ Committing, assault ____n_____n _n_____ h___________________n_n____________ ASSEMBLIES Dogs entering public buildings. See: Animals and Fowl Places of amusement. See: Amusements Riots, inciting. See: Riots; see also: Disorderly Con- duct Unlawful assemblies --n_m________m____m__________n_________ ASSIGNATION. See: Indecency and Obscenity ASSOCIATIONS General definitions applicable to ___m_____h____h__m________ ASTROLOGlSTS Licenses and license fees. See: Licenses, Certifi- cates, Etc. ATTORNEY, CITY. See: City Attorney AUCTION ROOMS Licenses and license fees. See: Licenses, Certificates, Etc. e Supp. No. 22 1846.1 Section 7-110 7-114 7-109 7-115 23-43 23-147.1 23-147 23-113 1-2 e e e CODE'INti'EX AUCTIONEERS Licenses and license fees. See: Licenses, Certificates, Etc. AUCTIONS New goods, state law relative to ................... AUTHORITY. See: Officers and Employees AUTOMOBILE JUNK DEALERS. See: Junk and Junk Dealers AVENUES General definitions applicable to streets and sidewalks 1-2 See also: Streets and Sidewalks Section 23-148 AWNINGS Construction. See: Buildings B BAIL BONDS. See: Police Court BAKERIES Food regulations. See that title BANKS Depositories for city. See: Finances BANNERS Temporary banners over streets. See: Buildings BARBED WIRE' FENCES. See: Fences, Walls, Hedges and Enclosures BARRICADES Dangerous structures, as to. See: Fire Prevention BATTERY Assault and battery. See that title BA WDY HOUSES Indecency and obscenity. See that title BB GUNS. See: Firearms and Weapons BEER. See: Alcoholic Beverages BEES Keeping within city Permit required ................................. BEGGING. See: Vagrancy BELL TELEPHONE FRANCHISE ................... App. E, Art. IV 23-166 BETTING. See: Gambling Supp. No. 25 1847 \SALINA COPE BICENTENNIAL CENTER Alcoholic beverages. See that title BICYCLES Traffic. See that title BILLBOARDS. See: Signs and Billboards BILLIARDS, POOL, SHUFFLEBOARD, ETC. Amusement machines. See: Coin-Operated Machines and Devices Amusement places, other regulations. See: Amuse- ments Arcades. See that title Connecting rooms ............................... 7-76 Disorder or gambling. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 7-75 Hours of operation regulated. . .. . .. .. . .. .. . . . . . . . . 7-72 Intoxicating liquor, permitting. . . . . . . . . . . . . . . . . . . . . . 7-75 Similar provisions. See: Alcoholic Beverages Licenses. See also: Licenses, Certificates, Etc. Applications ................................... 7-70 Denial, appeal from ............................ 7-70 Expiration ..................................... 7-68 Fees ........................................... 7-68 Issuance. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-71 Section Supp. No. 25 1848 e e e CODE INDEX BILLIARDS POOL, SHUFFLEBOARD, ETC.-Cont'd. Miniature pool tables and other amusement devices Posting _u___________mm______.m____u__umu__________m___ ___m___________ Required ___ _______. ________m______________ ______m__m_____________mm________ Revocation _____________________m___________m_____m__m______m____________ Suspension _____m____________m__ ___m___________________________________________ Transferability ____m____________________m_m__________u__________m___ Minors, age of players m__________m________m____________________m____ See also: Minors Profane, indecent language _m____ ________________________________________ See also: Indecency and Obscenity Provisions Copy posted __ ______m_______________nn_________m_______________m_______m Riotous, disorderly conduct ______m_ _____m_ __________m____m______ Violations Generally __u_________m_____________m_mu___m_m_mu_________________ ______ BINDWEED. See: Weeds and Brush BLIND PEDESTRIANS. See: Traffic BOARD OF COMMISSIONERS. See: City Commission BOARDS, COMMITTEES AND COMMISSIONS Airport zoning commission. See that title Arts and crafts Salina arts commission. See that title Board of appeals, buildings. See: Buildings Board of appeals, plumbing. See: Plumbing Board of examiners, electricians. See: Electrical Code Board of examiners, plumbers. See: Plumbing Board of public welfare, amusements. See: Amuse- ments Building code advisory commission. See: Buildings City-county civil defense. See that title Community relations commission. See that title Convention and tourism committee Transient guest tax. See: Taxation .Cultural arts commission. See that title Departments, creation, etc. See: Departments of City; see also: City Commission Electrical code panel. See: Electrical Code Emergencies City-county emergency preparedness board. See that title Firemen's relief association. See that title Gas, various boards. See: Gas Highway commission. See: Traffic Housing advisory and appeals board. See: Housing Supp. No. 24 1849 Section 7-69 7-79 7-68 7-78 7-77 7-68 7-73 7-74 7-79 7-74 7-80 SALINA CODE BOARDS, COMMITTEES AND COMMISSIONS-Cont'd. Human relations commission. See: Equal Opportunity -and Affirmative Action Industrial development authority. See that title Joint city-county health department. See: Health and Sanitation Library board. See: Libraries Neighborhood centers board. See: Neighborhood Cen- ters Parks, playgrounds and recreation Salina park advisory board. See: Parks, Play- grounds and Recreation Planning Metropolitan planning commission. See: Planning Plumbing administrative organization, various author- ities. See: Plumbing Salina airport authority. See: Airports and Aircraft Tourism -Convention and tourism committee Transient guest tax. See: Taxation BOATS, DOCKS AND WATERWAYS Flood control. See that title BONDS Bail bonds. See: Police Court Building construction. See: Buildings Charter ordinances um____ ____mnuuu__un_ nnmun___um_mmm_ Contractors, licensees, etc. Surety ___n_mu______u_n___ mm_n__________mm______uuunn____mmnn Defined m____mm___numnm___mmnm____umnnm_mum_nm_nmnm Duties of treasurer. See: City Treasurer Investment of temporary idle funds. See: Finances Official bonds. See: Officers and Employees Old records, destruction. See: Public Records Surety Approval by city attorney m__mnm_mmm_mmmmm__m Generally ____n___mooooo___mo_____n_m_ooooomo____oo_oom_____ommmmo Principal and surety to sign __oooo_nm___moonmmmOOmmm Various types of construction work. See: Streets and Sidewalks BOOKKEEPING Old records, destruction. See: Public Records BOTTLING WORKS Food regulations. See that title Supp. No. 24 1850 Section App. F 2-7 1-2(2) 2-9 2-7 2-8 e e e CODE INDEX BOULEVARDS General definitions applicable to streets and sidewalks See also: Streets and Sidewalks BOUNDARIES OF CITY Annexed territory, classification. See: Zoning Markers, damaging or removing n_mmmn_m__ Section 1-2 28-17 BOWLING ALLEYS Amusements. See that title Licenses and license fees. See: Licenses, Certificates, Etc. BRIDGES General definitions applicable to streets and sidewalks 1-2 See also: Streets and Sidewalks Parking on. See: Traffic BRUSH. See: Weeds and Brush BUDGET Expenditures, etc. See: Finance BUILDINGS Air conditioners Installation. See: Water and Sewers Air pollution. See that title Antennas. See: TV and Radio Towers and Antenna Awnings, canopies and marquees Alleys, projecting over __ n_____n____m__ --_______m___m___m_____ Awning Defined --mm-m---mm_m_hn_____m_h__mm_h_____m__h_n_m_____ Fabric covered awning construction m----_____m_n___nm Regulated, generally mn----_________m_________________________h__n Classifications and definitions -----m-_m__m_____m_h__h_____ Existing structures, applicability nnm__m__m_h____nm__m Fire escapes or utilities, interfering with m__hmm_____h Marquees Defined --n------n---nn-m---mnm_______n_nn__mnnn_____n__n____n Regula tions for _______ -n-n------________n___n_m___m____n____n_____ "Other", defined --mm--------n--h_n____n___h____n_m__m___mn___n Permanent awning Defined -------h----n------m__m____m______mm_______h______m__n__m_ Regulations for _____hm__n_ ---m-----nnm__m__n_m______m_n_n Permits. See also within this title that subject Fees -h--m-mn-----------____m____mnmn___m_m_______m___mnmm__ Required ___ __h_____h____ _______m_h_ ___ h---h_hhh__nhmnn__hm_h_ Revoca tion _hm___h_______h_h_ --h--__n__nhm_m__h___hh_m_____h_ Projections over alleys --_m--m-----m____m_m_________hhh_mn_ Supp. No. 24 1850.1 9-60 9-39(1) 9-43 9-42 9-89 9-61 9-49 9-89(2) 9-47 9-39(7) 9-39(8) 9-48 9-40 9-40 9-41 9-60 e e e CODE INDEX BUILDINGS-Cont'd. Supported canopy Defined ...................................... Regulations for ............................... Suspended canopy Defined ...................................... Regulations for ............................... Venetian awning Defined ...................................... Regulations for ................. . . . . . . . . . . . . . . Violations ...................................... Banners. See within this title: Signs Barricades, warning devices. See: Streets and Side- walks Basement Construction under public ways. See: Streets and Sidewalks Board of appeals .................................. Air pollution equipment, duties regarding. See: Air- pollution Sign regulations. See within this title: Signs Bond or insurance Sign business, signs, etc. See within this title: Signs Moving of dwellings. See within this title that sub- ject Building code advisory board Code. See within this title that subject Compensation .................................. Created ........................................ Duties ......................................... Members, appointment, term ..................... Officers, bylaws ................................ Building department General matters pertaining to departments. See: Departments of City Building official Appointment ................................... Air pollution, duties as to. See: Air Pollution Authority to stop sandblasting work. See within this title: Sandblasting Electrical inspector, acting as. See: Electrical Code Office established ............................... Powers and duties in general ..................... Qualifications ................................... Tenure ......................................... Vacancies, filling ............................... Supp. No. 25 1851 Section 9-39(4) 9-46 9-39(5) 9-45 9-39(6) 9-44 9-52 9-1 9-8(5) 9-8( 1) 9-8(2) 9-8(3) 9-8(4) 9-21 9-20 9-24 9-23 9-21 9-22 SALINA CODE BUILDINGS-Cont'd. Bulkheads Construction under public ways. See: Streets and Sidewalks Cellars Construction under public ways. See: Streets and Sidewalks Certificate of occupancy. See: Zoning Certificates Fees. See also within this title that subject City Defined ........................................ Code Accumulative supplements adopted ............... Adopted ....................................... Building code advisory board. See within this title that subject Dangerous buildings. See within this title that sub- . ject Definitions for .................................. Electrical. See: Electrical Code Elevator Safety Code. See: Elevators and Elevator Installations Fire prevention. See that title Gas. See that title Housing. See that title One and two-family dwelling code. See within this title that subject Plumbing. See that title Signs. See within this title that subject Completion, restoration, extension of existing zoning restrictions. See: Zoning Corporation counsel Defined ........................................ Curb filling station. See: Streets and Sidewalks Dangerous buildings, abatement of Code adopted; copies on file. . . . . . . . . . . . . . . . . . . . . . Dangerous structures Fire prevention regulations. See: Fire Prevention Definitions. See also within this title various sub- jects as defined Department Inspectors. See within this title that subject Driveway construction. See: Streets and Sidewalks Elevators and elevator installations. See that title Excavations Zoning permit matters. See: Zoning Supp. No. 25 1852 Section 9"19(1) 9-18 9-18 9-19 9-19(2) 9-460 e e e COD~ INDEX BUILDINGS-Cont'd. Fees Electrical permits. See: Electrical Code License suspended if inspection fee not paid ..... jlayment of, generally ................. .... n ... . . . Permits. See within this title that subject Plumbing permits. See: Plumbing Fences, walls, hedges andepl::losures. See also that title Planted screens, standards. . . .. . , . . .. . . ... . .. .. . . Filling stations at curb. See: Streets and Sidewalks Fire prevention. See that title Flood protection works. See: Flood Control Food establishments, certain requirements. See: Food Regulations . Gas code. See: Gas Health and sanitation. Unhealthful structures. See: Health and Sanita- tion Hedges. See: Fences, Walls, Hedges and Enclosures House moving. See within this title: Moving of Dwell- ings Housing code. See: Housing Inspections Air pollution inspections. See: Air Pollution Fees. See also within this title that subject Notice of violations Building inspection department to issue ......... Inspectors Duties assigning. See: Safety Department Licenses Electrician. See: Electrical Code Fees. See also within this title that subject Mobile home craftsmen license. See: Mobile Home Contractors and Craftsmen Sign business. See within this title: Signs Mechanical code Adopted ........................................ Mobile home contractors and craftsmen. See that title Moving of dwellings Bond required .................................. Permits. See also within this title that subject Applications Contents ................................... Fees...................................... . Bond required ................................ Duties required of permittee ................... Supp. No. 25 laS3 Section 9-6 9-5 9-403 9-7 9-440 9-329 9-326 9-325 9-329 9-328 SALINA CODE BUlLDINGS-Cont'd. Issuance ..................................... Required ..................................... Permittee Duties required of ............................ Provisions Compliance with required ...................... Route approval. See: Streets and Sidewalks Nuisances. See that title Numbering. See: Streets and Sidewalks One- and two-family dwelling code Adopted ........................................ Parking areas, recessed. See: Streets and Sidewalks Pennants. See within this title: Signs Permits Air conditioners, permit to install. See: Water and Sewers Awnings, canopies and marquees. See within this title that subject Electrical. See: Electrical Code Fee schedule ................................... Fees. See also within this title that subject Fences, walls, hedges and enclosures. See that title Flood protection works, regulations regarding. See: Flood Control Gas. See that title Moving of dwellings. See within this title that subject Plat consideration. See: Planning Plumbing. See that title Sandblasting. See within this title that subject Signs. See within this title that subject Streets and sidewalks, various permits. See: Streets and Sidewalks Swimming pools. See that title Zoning matters. See: Zoning Planning commission. See: Planning Plats Planning commission regulations. See: Planning Plumbing. See that title Private swimming pools. See: Swimming Pools Projecting signs. See within this title: Signs Radio towers. See TV and Radio Towers and An- tennae Recessed parking areas. See: Streets and Sidewalks Sandblasting operations Authority to stop work .......................... Definitions ..................................... Supp. No. 25 1854 Section 9-327 9-324 9-328 9-324 9-450 9-25 9-373 9-367 e CODE INDEX BUILDlNGS-Cont'd. Dry sandblasting Defined ...................................... Precautions ................................... Permits. See also within this title that subject Application ................................... Defined ...................................... Section 9-367(2) 9-372(2) 9-370 9-367 (4) e e Supp. No. 25 1854.1 e e . CODE INDEX BUlLDINGS-Oont'd. Iasuance .----....-------------------------------------.. .----- Required __________________m_m____._________________________m -----..- Precautions required ________________________________~________m__.___. ----- Wet sandblasting Defined ___________.____m________m____._________.____.___________-. .____.m Precautions _....____m_______________.______m .______________.____m__m...__ Screening standards Standards for planted screens ______n.__.______________m_._. Setbaek lines Pmnning eonsideration. See: Planning SigllS (construction regulations) B(lard (If appeals ________._____m______...__.__..___n______.________ Bond or insurance Persons advertising their own bUl!1inesses _.m_n___m_ Si&:1\ busines'ses _m____m________________..___________.m_._m_ m_ m.. Oode Ad'l'lpted ____________________.m_._m______________.__.________ .__m___._ ..-- B(lard of appeals _m___._____________.__.._m.__.__m__m___u_..m EntQl'ceemnt -----------------.---------.------...--.-------------..-- Licens\:j for 'sign business .m_____________.___u__-m---_----__.-___.. Obscen(\ ma tter _m______m______m_________h__.___.___.______._.___.___ See 1\\'0: Indecency and Obscenity PermiVll. See also within this title thataubject Application . ___m____m..___________________.__-__.____._.._.___m___.__ Bond __.______. _m___m_____m___________________._m.____ __m___.m__.___ Exceptions ____._m__m__.__________m__m___--n_._.__.______um________ Fees _. ___._____________________________________________-.___------------ Licenses __ ________ _______m ______________ __._m_._--------___~__ -----______.____ Required _________________u______________...----._m.______.____-------- Projecting signs Defined ________________________________________..__.___..____..-------.------- Height, 'size and location ____m___u_____.._________m Temporary banners, pennants, etc. over streets ---- Qb3tructions to streets, generally. See: Streets 'and Sidewalks Violations ~-----------.--------------------- Snow and wind Design calculations _____.______._____._____-_____.__._m_____ Streetll ~nd sidewalkis. See also that title Signs :projeoting 'over; pennants, etc. Slle within this title: Signs Subdivi&ionlil. See that title Swimming pOols. See thf'.t fltle TV and radio tgwers &n4 antennae. See that title Supp. No. 22 1855 Section 9-371 9-368 9-372 9-367(8) 9-872(1) 9-408 9-65 9-70 9-69 9-63 9-65 9-64 9-68 9-75 9-66 9-68 9-66 9.67 9-68 9-66 9-71 9-72 9-74 9-76 9-27 SALINA CODE BUILDINGS-Cant'd. Unfit dwellings Designation, condemnation, other regulations. See: Housing Unhealthful structures, abatement. See also: Health and Sanitation Housing code. See: Housing Violations. See also within this title various offenses Notices of violations ---_____m______________________________m___ Walls. See: Fences, Walls, Hedges and Enclosures Wooden culverts or runway>s. See: Streets and Side- walks Section 9-7 BULK PLANTS Establishing limits of districts in which storage is re- stricted. See: Fire Prevention BUS STOPS Designation and use. See: Traffic BUSES Motor bus franchise __________________________________________ App. E, Art. II Traffic. See that title BUTANE. See: Liquefied Petroleum Gas c OABLE Underground wires required. See: Poles, Wires, Con- duits, etc. CAFES Food regulations. See that title CAGES Places where animals kept. See: Animals and Fowl OANV ASSERS. See: Peddlers, Canvassers and Solici- tors CARNIVALS, CIRCUSES AND TENT SHOWS Amusement permits, other regulations. See: Amuse- ments Oarnivals Defined _________________ License fees. See within this title: Licenses, Etc. Circuses Defined 7-18(1) 7-18(2) Supp. No. 22 1856 e e e CODE INDEX CARNIV ALS, CIRCUSES AND TENT SHOWS-Cont'd. License fees. See within this title: Licenses, Etc. Definitions ------------------------------------------------------------------ Gambling ------------------------------------------------------------------------ Lewd, indecent and obscene performances ----------------- Licenses. See also: Licenses, Certificates, Permits, Etc. Applications __________ ______________________________________m_________________ F ees ___________m_______m________________m________________________m__________m Cumulative ----------------------------------------------------------- Required __________m_____________________________________________------------ Transferability ____________________m_________________________m__________ Permits. See also: Amusements Required; compliance _______________________________m__________________ Tent shows Defined ---------------------------------------------------------------------- License fees. See within this title: Licenses, Etc. CASH BASIS ACT Duties of treasurer. See: City Treasurer CATS Amimal regulations. See: Animals and Fowl Supp. No. 14 1856.1 Section 7-18 7-24 7-25 7-21 7-22 7-23 7-20 7-23 7-19 7-18(3) e CODE INDEX CATTLE Animals regulated. See: Animals and Fowl CAUSEWAYS General definitions applicable to streets and sidewalks See also: Streets and Sidewalks CEMETERIES Employees --m-----nnn----n--n--mnmn______m__m_____mm_m__mm_n Management -------_--n_n_n----___n____nn__________n_____n_mn__m__ CEREAL MALT BEVERAGES. See: Alcoholic Bever- ages CERTIFICATES. See: Licenses, Certificates, Permits, Etc. CHARTER ORDINANCES Listed and set out__nm________n__m__ e CHICKENS Dyed or colored baby chicks. See: Animals and Fowl CHILDREN. See: Minors CINDERS Escape of. See: Air Pollution CIRCULARS Distributing, posting, scattering. See: Advertising CIRCUSES. See: Carnivals, Circuses and Tent Shows CITY Defined --_-n---n----n--n-----m____nn_______m___n_m___mm__m_____n___ Officers and employees. See that title Public records. See that title Seal of, description -_n-hn-n---n_m__mm_n_h_________h_m__n CITY ATTORNEY Assistant city attorneys Compensation and duties, assigning and setting __n Duties in general -m--mnn--h-_-____n_______h__h___n_nn_n Qualifications --nn_nn-__n____n__m______________h___________h_ Duties in general n-_--nn_______m__m_n_n_h___n_________________ Law department. See that title Qualifications __________________________________________________ Surety, approval. See: Bonds e CITY CLERK Accoun ts, keeping m------n__m__nnm_n_________________________n__ Appointments, recording --___n______n_____n______________________ Bond record, keeping m---_------_n_nhh____________________nh__ Supp. No. 23 1857 Section 10-2 10-1 App. F 1-2(3) 2-1 2-108 2-107 2-106 2-105 2-104 2-148 2-152 2-154 1-2 SALINA CODE CITY CLERK-Cont'd. Custodian of records, as ___m_____m______m_________________m___m_ Delegation of duties, authority ____mm__m_m_m_m_____mm Fees, collection and paying to treasury __nm_m_m_m_____ General duties relative to finances and finance de- partment. See: Finances Investment of temporary idle funds. See: Finances Official bonds of city officials. See: Officers and Employees Ordinance books and records Keeping; attesting _m_________mm_______________________________________ Ordinances, indexing m_m______m_m__m_m___n nm_ __m_m__m Code of ordinances. See also that title Other miscellaneous duties _m__m_m_m__mmmn-mm--m---- Papers filed with, marking _m_m___m_m_m_m_______m_m_m__ Records of orders and drafts Keeping ____________ _____m________m__________n_m___ ___________________m___ Repealed ordinances, marking _m____m_______m__m_m_m_m____ Similar authority and duties of treasurer. See: City Treasurer Special assessments and taxes Duty to record and certify _________m_m_____m__m_m____m___ Special meetings, keeping of records ___m_m__m_m______ Voter registration, duties _m_________m_____m_m__m_m_m_m__ CITY COMMISSION Boards, committees and commissions. See that title Chairman, vice-chairman, etc. __________m____m____m___mn____m_ Cited; how referred to __________m___m_______m_________m__m_m_____ Compensation of city employees, providing for ____m__ Composition and membership ___m_m_____m________________m___ Defined ____m_____m_________m_m____n___________________________m___________ Departments, creation. See: Departments of City General powers ______m_________nm______________m__________________________ Manager. See: City Manager Mayor Title of _ ___m_m_mm___ m__________m_m__m__________m___m_ Meetings Frequency ________________m____________m___n____________m_____nnnmm Open to public ____m____m_mn__m________m_____m_m__mn_________ Order of business __m_m___m________________m________________________ Records of special meetings, keeping. See: City Clerk Special meetings, calling __________m______m_m_____________m___ Time of ______ ______________m____m__________________________m________________ Officers of __n____ _____________________m____________m_m_m____________________ Offices of city, providing for ___________m_m________________________ Supp. No. 23 1858 Section 2-153 2-157 2-145 2-149 2-146 2-156 2-147 2-150 2-146 2-155 2-151 2-144 2-22 2-20 2-28 2-20 1-2 (1) 2-26 2-22 2-23 2-24 2-25 2-23 2-23 2-22 2-28 e e e CODE INDEX CITY COMMISSION-Co~t'd. Ordinances. See also: Code of Ordinances Pas sage of __ __ __________________________________________________________________ Or ganiza tion _____________________________________________________________________ Titles, duties D is tin cti on in ___________________________________________________________ CITY-COUNTY EMERGENCY PREPAREDNESS BOARD (Appendix C) Budget and expenditures _____________________________________________ Coordinator of ,salina-Saline County emergency preparedness department Authority and duties of __________________________________________ Pos i ti on created _________________________________________________________ Succession ___________________________________________________________________ Definitions ________________________________________________________________ Duties and powers ____________m_________________________________________ Necessity declared _m__________________________________________________ Organization of emergency preparedness _____________________ Organization of board --------------_________m___________________ Powers and duties _______________________________________________________ Purposes ____________________________________________________________________ Termination of board --------------------____________m___________ CITY ENGINEER Flood protection works, provisions as to. See: Flood Control Service department. See that title CITY MANAGER AIWoint~e~t -----------__________m__________________________________ S upervlslon ----------------_______m_______________ Boards, committees and commissions. See that title Bonds Fixing -----___________m__________m__m_m______________________________ Other matters pertaining to bonds. See: Officers and Employees Business of city, duty to administer _____m____________ City commission. See that title Civil service commission appointment, powers as to__ Compensation Fixing ____m___ ----------m____m___________________________m_m______________ Other matters pertaining to compensation of city officials. See: Officers and Employees Department of city. See that title Departments, officers, boards, etc. Authority and duties relative to _____________m_________________ SuPp. No. 20 1859 Section 2-75 2-29 2-78 2-77 (4) 2-76 2-77 2-27 2-22 2-21 8 5 5 6 2 4 10 7 3 4 1 9 2-76 SALINA CODE CITY MANAGER-Cont'd. Duties in general _____________________m___m_______________________ Finances, duties relative to _____________m_____________m_m____m_ Official bonds of city officers. See: Officers and Em- ployees Qualifications _______________________________________m_____m___________------- Term of office ____m__________________m__mm_m_________m_m_m_____ Warrants and checks Duty to countersign ________m________m_h________________m___m_____ CITY PERSONNEL. See: Officers and Employees CITY PLANNING COMMISSION. See: Planning CITY TREA'SURER Bonds. See also that title Cash basis act, duties under ---------------------------------------- Duties in general -------------------------------------------------------------- Effects of office, delivery to successor ___m_______________m Expenditures to be as budgeted _m_m____________________m_m____ Finance department. See: Finances Official bonds of city officers. :See: Officers and Em- ployees Quarterly financial report m_m________m___m_____m_______m____ Receipts and disbursements, procedure form________n______ Similar authority and duties of clerk. See: City Clerk Warrants, bonds, etc. Treasurer to deliver to clerk ________________m____________________ CITY UTILITIES. See: Utilities CIVIL DEFENSE Flood control. See that title CIVIL DISOBEDIENCE Curfew, imposing -------------------------------------- See also: Minors-- Disorderly conduct. See that title Emergencies Authority of mayor in _____________________m___________________ Failure to comply with proclamation and provisions imposed --------------------------------------------------------- Proclamation, effective time of _m________________________________ Termination of ------------------------------------------------------------- Riots. See that title CIVIL SERVICE Managers powers relative to. See: City Manager Supp. No. 20 1860 Section 2-77 2-77 2-75 2-75 2-79 2-161 2-158 2-165 2-162 2-163 2-158 2-164 10%-1 10%-1 10%-4 10% -2 10%-3 e CODE INDEX CLAIMS Destruction of certain public records. See: Public Records Finances. See that title e e Supp. No. 20 1860.1 e e . CODE INDEX CLAIRVOYANTS Licenses and license fees. See: Licenses, Certificates, Etc. CLASSIFIED SERVICE. See: Officers and Employees CLOUD COUNTY KANSAS North Central Regional Planning Commission. See: Planning CLUBS Alcoholic beverage licenses. See: Alcoholic Beverages COAL Air pollution regulations. See: Air Pollution COASTERS Use on roadway. See: Traffic CODE OF ORDINANCES* Altering or tampering with ____ __________________________________________ Amendments to code ---------------------------------------_____m____________ Attesting ordinances. See: City Clerk Catchlines of sections Effect ----------- --------_____ ---------------m-----------__________m___m__________ Numbering system explained. See preface to this volume Charter ordinances -----------------------------------------___mm_____ Definitions and rules of construction General definitions for code usage -----------m______mm______ Specific definitions of terms in various contexts. See specific subjects as indexed Designated and cited, how __________________________________________________ History note citations explained -------m___m_____mm___________ Indexing, duties of clerk. See: City Clerk New ordinances, effect ________________ ---------__mm___m_______________ Ordinance books and records Keeping. See: City Clerk Parenthetical and reference matter -n___mm___________m______ Passage of. See: City Commission Repealed Duties of clerk. See: City Clerk Effect ------_______m__________________________________ ---_____m____________________ Section 1-7 1-5 1-4 App.F 1-2 1-1 1-3 1-5 1-3 1-6 "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 adopting ordinance and preface which are to be found in the preliminary pages of this volume. SuPp. No. 17 1861 SALINA CODE CODE OF ORDlNANCES-Cont'd. Severa bili ty clause ...._.._..._ ._u____.u___.u.uuuu--- .u..._.____uuuu--. Violations Continuing . _.____.u__u__________u_u_u_m_____m_u._________u._u_______UU General penalty __u__ummu-------m--u ____n___ - ----------- n____. Specific penalties. See specific offenses as indexed CODES, TECHNICAL. See: Technical Codes COIN-OPERATED MACHINES AND DEVICES Amusement permits, other regulations. See: Amuse- ments Arcades. See that title Billiards, pool and shuffleboard. See that title Jukeboxes. See within this title: Music Machines Music machines Licenses. See also: Licenses, Certificates, Etc. Co n tent _____u______m__________u_____________u_______ _____________u_______._u_ Expiration ______u__________________________________________u__u___m_n.__ Fee __ ________nm__________u__________u_u_____ ____mm-------u.u-m---m-u- Required ______UUd_d____dm__._.u_____.____Uu___dum.u.m__u__u____ Transferability _____m_u______ Obscene, indecent words or music played .___.___.d._. Punchboards, slot machines, etc. See: Gambling COLLEGES Mobile home courts, proximity. See: Trailers and Trailer Parks Schools. See that title COLOR, NATIONAL ORIGIN OR ANCESTORY Human relations, unlawful practices regarding. See: Human Relations COMBUSTIBLES Establishing limits of districts in which storage is restricted. See: Fire Prevention COMMISSION. See: City Commission COMMITTEES. See: Boards, Committees and Commis- sions COMPREHENSIVE PLAN. See: Planning COMPUTATION OF TIME Code purposes, for _____________________m_____________u____m________m____u. CONCUBINAGE. See: Indecency and Obscenity CONDUITS. See: Poles, Wires, Conduits, Etc. CONTRACTORS Bonds. See that title Electrical contractors Code Supp. No. 17 licenses, etc. See: Electrical 1862 Section 1-9 1-8 1-8 7-129 7-128 7-127 7-126 7-129 7-130 1-2 (4) e CODE INDEX CONTRACTS AND AGREEMENTS Bonds of contractors, licensees, etc. See: Bond. Equal opportunity and affirmative action. See that title Purchasing. See that title Streets and sidewalks Various construction requirements, city contracts, etc. See: Streets and Sidewalks CONVENTIONS Convention and tourism committee Transient guest tax. See: Taxation CORPORATIONS General definitions applicable to COUNTY Defined e COUPONS Old records, destruction. See: Public Records Trading stamps. See that title COURT, POLICE. See: Police Court CRIMES. See: Offenses CROSSW ALKS. See: Traffic CULTURAL DEVELOPMENT Salina arts commission. See that title CURFEW Civil disobedience provisions. See: Civil Disobedience Minors. See that title D DAIRIES. See: Milk and Milk Products e DANCING AND DANCE HALLS Alcoholic beverage premises regulated. See: Alcoholic Beverages Amusements, regulations, other. See: Amusements Board of public welfare Authority _______________________________________________ Dances supervised by _______________________ Generally. See: Amusements Certain dances declared public _________ Certificate or permit Fee __________________________________ Giving dance without permit __________m_____________________ Issuance _______________________________________________________ Supp. No. 24 1863 Section 1-2 1-2(5) 7-45 7-39 7-38 7-41 7-46 7-41 SALINA CODE DANCING AND DANCE HALLS-Cont'd. Licenses. See within this title that subject Required, when ----------------------------------------------- Revocation -------------------------------------------------------------- Term, duration of ___________________________________m________ Disorderly conduct ___________________m___________m_________________ Illegal activities _________________________m________________________ Licenses and license fees. See also: Licenses, Certifi- cates, Etc. Applications for ----------------------------------------------- Certificate or permit. See within this title that sub- ject Expiration _______m_________________________________________ Fee ______________________________________________ Issuance Denial of ----------------------------------- Restricted ___________________________________________ Permit prerequisite to ----------------- Required ___________________________________________________ Restricted, when ___m_______ ------------------ Revocation _______________________________________ Transferability ----------------------- Permit. See hereinabove: Certificate or Permit Persons in charge of premises Illegal dances, permitting _m______m____________mm_ Notice required of -------------------- Police authority _m______________________________ Public dances Defined ------------------------------------------------------------- Showing of certificate required, when --------- Residences Proximity to --------------------------- Sunday dances ------------- Supervision --------------------------- Supervisor Appointment, designation, authority --------- DECENCY Offenses against. See: Indecency and Obscenity Supp. No. 24 1864 Section 7-37 7-43 7-43 7-47 7-47 7-60 7-66 7-60 7-62 7-66 7-61 7-48 7-66 7-63 7-64 7-42 7-42 7-44 7-36 7-37 7-49 7-67 7-39 7-44 e e e CODE INDEX DEFINITIONS AND RULES OF CONSTRUCTION General definitions for code __ ______n_n________________________ Misdemeanors, in reference to. See: Offenses Terms defined in various contexts. See specific sub- jects as indexed DELEGATION OF AUTHORITY. See: Officers and Employees DENSE SMOKE. See: Air Pollution DEPARTMENTS OF CITY Additional departmental employees, authorization Additional departments, creating________m Airport authority. See: Airports and Aircraft Boards, committees and commissions. See that title City-county health department. See: Health and Sani- tation City manager, authority and duties. See: City Man- ager City officers and employees generally. See: Officers and Employees Commission members interfering with _n__n_ Crea ted, listed _n_____________________________________________ m__m__n___m _ _ __ Cre a ti 0 n of ------------------n----------____________m________n __ Department of finances. See: Finances Directors Appointment m---n----_______n________________mn ___m _______ Duties in general; assignment of duties, etc. _m____ Electrical boards, authorities. See: Electrical Code Fire department. See that title Health department. See: Health and Sanitation Human relations department. See: Equal Opportunity and Affirmative Action Law department. See that title Meetings, keeping of records. See: City Clerk Mobile home craftsmen board of examiners. See: Mobile Home Craftsmen Park department. See: Service Department Personnel Appointment, supervision, general duties Composition specified -------____nnm___n_ Planning commission. See: Planning Plumbing administrative organization, various author- ities. See: Plumbing Public health. See: Health and Sanitation Refuse department. See: Service Department Safety department. See that title Supp. No. 21 1865 Section 1-2 2-97 2-96 2-31 2-91 2-30 2-93 2-95 2-92 2-94 SALINA CODE DEPARTMENTS OF CITY-Cont'd. Service department. See that title Street department. See: Service Department Supervision, generally ________m____________________m_________m_____ Waterworks. See: Water and Sewers DETECTIVES Merchant or private policemen. See: Police Depart- ment DIRTY LITERATURE. See: Indecency and Obscenity DISASTER RELIEF Flood control. See that title DISCRIMINATION Equal opportunity and affirmative action. See that title DISEASED TREES. See: Trees and Shrubbery DISMANTLED VEHICLES Inoperable vehicles. See that title DISORDERLY CONDUCT Civil disobedience. See that title Drunkenness. See: Alcoholic Beverages Elections, disturbing. See: Elections Engaging in _________________________________________n_______ _____m_______________ Fires, at. See: Fire Department Illegal activities at dances. See: Dancing and Dance Halls Municipal swimming pools. See that title Poolrooms and similar places. See: Billiards, Pool and Shuffleboard Riots, inciting ________________________________n____________________n. _____n______ DISTURBING THE PEACE Generally __.______________________________________________________________nmnm____ DOCUMENTS. See: Public Records DOGS. See: Animals and Fowl DRAINAGE Mobile homes and mobile home parks. See that title Plumbing code. See: Plumbing Water and sewers. See that title DRILLING Oil and gas. See: Oil and Gas Drilling Supp. No. 21 1866 Section 2-92 23-107 23-112 23-109 e CODE INDEX DRUGS Driving under influence. See: Traffic DRUNKENNESS Alcoholic beverage licenses, revocation. See: Alcoholic Beverages DRY CLEANING PLANTS Fire prevention regulations. See: Fire Prevention e e SuPP. No. 17 1866.1 e e e COPE..INPEX DUCKLINGS Dyed or colored for sale. See: Animals and Fowl E ELECTIONS Ballots Old records, destruction. See: Public Records Disturbing, interfering with.,'........... .'..... ..... Old records, destruction. See: Public Records Poll 'books; registration lists, etc. Old records, destruction. See: Public Records Prechlcts and/or ward(s) Annexed territory, precinct for ....,.............. City divided into precincts ...................... City to consist of one ward ....................... School districts of the city Out-of-city territory, in; voting in city pre- cincts ..................................;.' Voter registration Duties of clerk. See: City Clerk ELECTRIC LIGHT POLES. See: Poles, Wires, Conduits, Etc. ELECTRICAL CODE (Electricity) Apprentice electrician . Classification. See within this title: Electrical Me- chanics Board of examiners. See within this title: Electrical Mechanics CertIficates Electrical mechanics. See within this title that sub- ject Codes ad.opted .................................... Condemnation Defective or dangerous conditions ................ Unsafe items and materials ...................... Conduit .......................................... Contractors Bond required ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electrical mechanics. See within this title that sub- ject Insurance Required ................................... ... LiCenses. See also within this title that subject Display of ..........................,......... ~ .Fees ...............................:......... Supp. No. 25 1867 Section 2'3-108< 11-4 11.2 11-1 11~3 9-179,9-180 9c121 .9-120. 9-185 9-135 '... 9-134 9-133 9-132 SALINA CODE ELECTRICAL CODE (Electricity)-Cont'd. Persons exempt ............ . . . . . . . . . . . . . . . . . . . Required ..................................... Revocation and/or suspension. . . . . .. . . . . . . . .. . . . Scope .......................:................ Transferability ............................... Requirement, doing work without meeting ........ Current Certificate of approval required before setting meter ...................................... Turning off in case of fire ...................... Damages Liabilities construed ............................ Defective or dangerous conditions Inspection, condemnation, correction of ........... Electric fences. See: Fences, WaIls, Hedges and En- closures Electrical mechanics Apprentice electrician Classification ................................. Board of examiners Created; membership. . . . . . . . . .. . . . . . . . . . . . . . . Examination. See within this subtitle that sub- ject Meetings ..................................... Classes established .............................. Electricians, nonresident Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examinations' Applications Evidence to accompany ..................... Board to conduct ................... . . . . . . . . . . . See also within this subtitle: Board of Ex- aminers Reexamination after failure .................... Journeyman electricians Classification .............................. . . . Licenses. See also within this title that subject Expiration and/or renewal ....................... Fee schedule .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issuance ..................................... Nonresident electricians ....................... Revocation, suspension . . . . . . . . . . . . . . . . . . . . . . . . . Master electrician Classification ................................. Required, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nonresident electricians Licensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supp. No. 25 1868 Section 9-139 9-130 9-138 9-131 9"137 9-136 9-172 9-119 9-123 9-121 9-145(3) 9-146.1 9-147 9-145 9-145( 4) 9-148 9-149 9-150 9-145(2) 9-153 9-152 9-151 7-145(4) 9-154 9-145(1) 9-146 9-145(4) e e e CODE INDEX ELECTRICAL CODE (Electricity)-Cont'd. Elevators and elevator installations. See that title Examining board. See within this title: Electrical Mechanics Fences, electric. See: Fences, Walls, Hedges and Enclosures Fires Removal of wires, turning off current during '.m... Franchises n'.nm. 00.. nm.....nn..... n...h.hnm....hn..__......h__.mm. Inspections Alterations and changes m.nmmuhn...mm..nm__.mhm.m Approval of work ....m.h...n.n..n.h.m__hnm.__.hnh__n.mm. Authority . ..... .m..um.m..mhnm.nhnm.nh.m.h.m.m. nhhmh. Certificate of approval .h.mh.m...nhhm..h.hm...nm.mh... Concealing wiring before -.----_____m__n________________mm.__ Permits. See within this title that subject Right of entry to make m'n m__m...__...nm.mn..._m__hnm. Time for ...nnum.mh.m.___.nm.nmm.h.m.m.nn_____h__..m..m. Inspector Bond m......__h.h..n.h.m.h.mm.nh.. ..mnm.h... .h..h.n_m.......m Building offiCial acting as . m__.nmn__hn.mmm.mhnn Duties in general .m..m.U.n.mmh.mm.nhmn.nh..__hhm... Enforcement authority unnnhnh..n.._h...nmhh.....h..m..._m Inspections. See' hereinabove that subject Oath h"Uh.. ...... ...m.. ..nh..n.mh__..n.h.hnmm.h__.m.____.m..._m. Qualifications "'.'h..h,u'm -.h.........nh.m..h......n_... Questions deciding ...m....m. ..m..U____nm.__h. Right of entry 'mnm nn . U.m .....m...h.n.n__. Journeymen electrician Classification. See within this title: ElectriCAl Me- chanics Liabilities construed 00........ mn""n'm'n.n.. u.nnh.n___.mm____ Licenses. See also: Licenses, Certificates, Etc. Contractors. See within this title that subject Electrical mechanics. See within this title that sub- ject Supp. No. 24 1868.1 Section 9-119 App.E 9-171 9-167 9-166 9-172 9-170 9-169 9-168 9-109 9-110 9-111 9-112 9-109 9-108 9-118 9-169 9-128 e e e CODE INDEX ELECTRICAL CODE (Electricity)-Cont'd Existing licenses, continuation _______m__ Permits. See within this title that subject Master electricians Contractors. See within this title that subject Electrical mechanics. See within this title that sub- ject Licenses. See within this title that subject Mechanics. See within this title: Electrical Mechanics Meters By-passing to obtain current fraudulently. See: Utilities Prerequisites to setting ____n____ __m_____ ____ Mobile homes and mobile home parks. See that title National Electrical Code Adopted___n___n__ Panel - Amendments _________m______ Appeals to, procedure Composition and membership Created ______n__m______m____________h__n _mm___m_m____ ___ nmn___m_ Duties in general ___ _________________ ______nm_________ Grievances ___00 m___ ________ _ _____m_ m_ n_____mn ______ n _____ __mnn_____ Hardship cases m_ __m___n____mn____________n_____m ____m__m_n__ Quorum n_____________________n_n _n__m_______m__ ________m___m_m_nnn Permits Exceptions n__h__ m______mmm__mnm____ __moo _ m_m_ ____mom Failure to pay fee mmn__n ____nmnm___m_____mmn_____mm__ Fee schedule _m_m________m_m -___mmm_mn_mnm_m_h Fees Building requisites to payment of fees. See: Buildings Inspections. See within this title that subject Issuance Conditions to n________m_______ n____m_______ _h_mm____ m_____m___n Licenses. See within this title that subject Payment of fee ______m_n__mnm __mm____m_ m___m_nn___mnn Records _ _ _ _____on ___ _ m_ nm___m__m__m_____m___mm__m_ nm_m_ __ ____ Required ________n____n__ _____ ______m ____m___mm_n Poles, wires, conduits, etc. See that title Radio interference. See: Radios Safety code Adopted m_ _n _ __ _ _ _ _ _ _ _ __ n__ mm ___ n_m__n _ __n__ n__ _ m _ m______ _ _ n National electrical code. See also within this title that subject Supp. No. 22 1869 Section 9-122 9-172 9-179 9-117(3) 9-118 9-115 9-114 9-117 9-117(1) 9-117(2) 9-116 9-161 9-164 9-163 9-165 9-164 9-162 9-160 9-180 SALIN A CODE ELECTRICAL CODE (Electricity)-Cont'd. Service entrances Standards for Swimming pool requirements. See: Swimming Pools Unsafe items and materials Condemnation nm._ __m___m m_____n__ Utility provisions. See: Utilities Violations Generally _mm___m___ Wires Removal in case of fire --- ELEVATORS AND ELEVATOR INSTALLATIONS Bonds Contractor's licenses, insurance, bond --- Building codes in general. See: Buildings Code. See hereinbelow: Elevator Safety Code Contractors Licenses. See within this title that subject Definitions m_m__mm__ - Electrical wiring requirements Division of __m__m______nn____ _mm_m___ - m_n__________ Electrical code. See: Electricity Elevator Safety Code ____m___m_m__ Inspections n. m__m____ _ _________moo Insurance Contractor's licenses, insurance, bond Licenses Contractor's licenses, insurance, bond Other cities of equal population, issued by Revocation Permits Fees m_mmm___ n____mm___________m.m______.____ ____nm__mm_mm_.._ Required ___ Provisions Enforcement of _n___________m_____ Release of responsibility Safety code. See hereinabove: Elevator Safety Code Violations, penalty --- Supp. No. 22 1870 Section 9-181 9-120 9-124 9-119 9-387 9-384 9-390 9-389 9-391 9-387 9-387 9-392 9-393 9-388 9-388 9-385 9-394 9-386 e CODE INDEX ELLSWORTH COUNTY North Central Regional Planning Commission. See: Planning Section EMBEZZLEMENT Comm itting ---m___m_____m_____mum_m_______________n_ 23-17 EMERGENCIES City-county emergency preparedness board. See that title Civil disobedience provisions. See: Civil Disobedience EMERGENCY LEAVE Officers and employees. See that title EMPLOYEES. See: Officers and Employees EMPLOYMENT Unlawful employment practices. See: Equal Oppor- tunity and Affirmative Action ENCLOSURES. See: Fences, Walls, Hedges and En- closures e ENEMY ATTACK City-county civil defense. See that title ENGINEER. See: Service Department ENTERTAINMENT. See: Amusements ENVIRONMENTAL STANDARDS Mobile homes and mobile home parks. See that title EPIDEMICS City-county civil defense. See that title Health and sanitation. See that title Rabies emergencies. See: Animals and Fowl e EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION (Discrimination by reasons of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status) Administration of provisions __m____ -m___m___um_ Advertising u--------u---U____hU______m___m_h_____n_____m__ __________ __ ___u Affirmative management n_m_____n__u___um _m__m _um______ City manager Administration of provisions _mm____m_ u_ _mm_um___u Imp I em entation procedures muu______n___hm_m _m__u__mu__ Supp. No. 21 llA-90 llA-93 llA-94 llA-90 llA-97 1871 SALINA CODE EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION-Cont'd. Reports _____ ___m_m___ _____m_____m__________mn___________m___m_____m__ Training for upward mobility _m__________m__mm___m____ Complaints False, misleading or incomplete complaint, state- ment, response or report Submission of _m________________________________n____m___________ - ---- Fil ing of ____ _m_________________________________________________________________m Time f or __m_____________________m___________________m_________________m Procedures for processing _______m__m___________m___m________ Time for filing __m__________mm___m______________________________ Contracts. See within this title: Public Contracts Construction of provisions ______m___ _m____m__m_____m_____ Declaration of policy ______mm________m___m_____m__________m - - Definitions m __m___________________m____________mn__m___________________ Director of human relations. See within this title: Hu- man Relations Department Employment Unlawful employment practices. See within this title that subject Evaluation committee Advising department heads _m___m______m____n ________n_______ Established; composition; chairman ______m_____m____m____ Meetings; modifications of program ----------------- --------- Housing Unlawful housing practices. See within this title that subject Human relations commission Compos i tion m___m_____m____mm______________ ________m________ ----- - - --- Crea ted _m___________________________________________m_______m_________m___------ Members Appointment, term, compensation _______ n________ Powers and duties _____mm_ _m______________m_________m_m Quorum constituted ___m_____m___________m____m______m_ Human relations department Adminis.tering and enforcing provisions m_m_ Created _m________ ________________m_____m__m________ Director of human relations Duties, responsibilities and authority of ---------- Position created; appointment; salary ________mmn___ Implementation procedures __m____m____ _m___________________m_____ Miscellaneous provisions ________m_m____ _____m________m____m_____ Provisions Adminis tra tion of ________________________________________m________________ Cons tructi on of ___________m_____m______m____________________m_____m__ Invalidity in part __mh__m__________m______________________m___ Supp. No. 21 1872 Section llA-98 llA-96 llA-71 llA-70 llA-73 llA-72 llA-73 llA-80 llA-1 llA-2,llA-91 llA-95 (2) llA-95(1) llA-95(3) llA-10 llA-10 llA-10 llA-ll llA-10 llA-20 llA-20 llA-22 llA-21 llA-97 llA-80 et seq. llA-90 llA-80 llA-81 e e e CODE INDEX EQUAL OPPORTUNITY AND AFFIRMATIVE AC- TION-Cont'd. Public accommodation Unlawful public accommodation practices. See with- in this title that subject Public contracts Affirmative action -____mhnmm_____h.__h_.__nm__mh__.....__ Affirmative action plans _mm_mnnm_._mu_mh.n__h_n. Contract provisions ..hmm___mmh____mm__m_mn___m_._.__ Exemptions _.__._h..nn___mm__.__m___...___.hmh___ ___m___mh___ _un Generally ---------___..________m___.____.mmmh._.. ._h__mh__n_mh.__ _. Recruiting and advertising m__hh__h_mh.__h__m___mmh__hhh Reports _hhh__ --h.----____h______m____.__m_______m______..hh___ __ __On .___ __._ Selection standards m.nn_nhhmmm__.hm__m__ __m_m._ n .n_ Training for upward mobility_w nhnmm__n__h_____ Unlawful employment practices Exceptions _____m__._h_m_h___m__h _mm_____m_____n______m__m_ h__ Hiring practices; labor organizations; employment agencies; etc. _.mh___.______.__..nmn__mu__m___ h___m__hm Unlawful housing practices Action by person, owner, real estate broker, etc., prior to satisfactory adjustment, etc. ____.hm__..__ Financial assistance _____._..___m___h__m___h_hm___.____m_..__ _ Inducement, stimulation or threat in order to in. fluence sales __m_____.mm_________m_.______________n_____m ___. Owners, real estate brokers, real estate salesmen, etc. Refusing to sell, rent, lease, etc. _hhmmhh.hmn.__ Unlawful public accommodation practices Refusing, denying goods, services', facilities and accommodations _m__n___m__m__ mh_____m_m____hn_... m__ ETHNIC GROUPS Equal opportunity and affirmative action. See that title EXCAVATIONS AND FILLS Building permits in general. See: Buildings Certificate of occupancy requirements. See: Zoning Fencing of oil and gas drilling excavations. See: Oil and Gas Drilling Flood protection works. See: Flood Control Moving of dwellings, permits. See: Buildings Permits for. See: Streets and Sidewalks Plumbing code amendments. See: Plumbing EXPECTORATING. See: Spitting Supp. No. 26, Revision 1872.01 Section llA-62 llA-63 llA-61 llA-64 llA-60 llA.93 l1A-98 llA.92 llA.96 llA.31 llA.30 llA-50(4) l1A-50(2) llA-50(3) llA-50(1) llA-40 FENCES, WALLS, HEDGES AND ENCLOSURES Animals, keeping. See: Animals and Fowl Barbed wire fences ________________________________ 9-852(4),9-858 Barricades for dangerous structures. See: Fire Pre- vention Commercial and industrial fences ___________________________n_ Comer lots, fenc:ell on Dwelling plots, requirements when enclosing _____noun Electric fences _______________________________________________ Fences classified ---------------------------------- Front yard fences and hedges _______m________m________________m_ Hedges along streets, alleys, etc. ---------------------------- Junkyards, storage regulations. See: Junk and Junk Dealers Maintenance _______________________________________________n____ Obscene writing on walls, etc. See: Indecency and Obscenity SALINA CODE EXPLOSIVES Defined for traffic purposes. See: Traffic Establishing limits of districts in which storage is restricted. See: Fire Prevention Fire prevention. See also that title Transportation of nitroglycerin ________m_____mm________n__ Vehicles transporting, requirements. See: Traffic F FALSE FIRE ALARMS Fire regulations. See: Fire Department Turning in ________________________________________________________------ FALSE PRETENSES Obtaining property or other valuables by FARMERS Fruit and vegetable produce. See that title FELONS Alcoholic beverage restrictions regarding employment. See: Alcoholic Beverages Supp. No. 26, Revision 1872.02 Section 28-159 28-111 28-20 9-854 9-352(1)a 9-352 9-848 9-851 9-852 (1) 9-860 9-855 e e e CODE INDEX FENCES, WALLS, HEDGES AND ENCLOSURES- Cont'd. Oil and gas storage facilities. See: Oil and Gas Drill- ing Permits Building permits in general. See: Buildings Fee - __n__m___m _m_ mu__ __n _m_______ _m_m_ Required m_mm________ m_______ _um___ ___m____ ___n_____ Places where animals kept, cleanliness. See: Animals and Fowl Private swimming pools. See: Swimming Pools Prohibited fences m u_________u__u __u__________ Public property, erecting or maintaining on Rear yard fences and hedges _________________ __m ___m___ Removal of violating fences ___ --___________Um____ Retaining walls --_ _ n_____n__m ____ m__ ___n__mm Side yard fences and hedges __U___U__m_____ Spite fences _______u _________n Streets and sidewalks. See also that title Variations Violations declared nuisances Visibility at intersections, certain matters. See: Streets and Sidewalks Zoning, area exceptions and requirements. See: Zon- ing FILLING STATIONS Gasoline sales on street regulated. See: Fire Preven- tion Curb filling stations restricted. See: Streets and Side- walks Liquefied petroleum gas. See that title FILLS. See: Excavations and Fills FINANCES Admissibility of records Bonds Treasurer to deliver to clerk m_ ------m-m_nmmmu__mum Charter ordinances _nm__U__m__m -_m_m__mm__ mmmuu_m__ Checks Issuance u u __ _ m _ _ _m_ uu m u Manager to countersign. See: City Manager City clerk. See also that title Composition and personnel of departments desig- nated ------um--m-nm-m___m_mu__________u____u_m______m_m___ Effects of office, surrendering n_UU__Un Fees, collection and paying to treasury SuPp. No.9 1872.1 Section 9-346 9-346 9-352( 4) 9-349 9-352(3 ) 9-356 9-352(5), (6) 9-352(2) 9-347 9-352(7) 9-356 2-143 2-164 App. F 2-141 2-94 2-142 2-145 SALINA CODE FINANCES-Cont'd. General duties m __m_u_n__ - Moneys received by, disposition Oaths, authority to admister Voter registration by mu -- City manager. See that title City treasurer. See also that title Composition and personnel of departments specified General duties System for treasurer's records; inspection _u " Department Director of finance Designated __ General matters pertaining to departments. See: Departments of City FINANCIAL INSTITUTIONS Discriminatory practices deemed unlawful. See: Fair Housing Supp. No.9 1872.2 Section 2-143 2-142 2-143 2-144 2-94 2-153 2-160 2-94(5) (a) e e e CODE INDEX FINANCES-Cont'd. Purpose ___________________________________________________________________________ Supervision. See within this title: Director Depositories Designa tion ----------______ -----------------________m___ _______________________ Director Effects of office, surrendering ________ ---------------_____________m Official bond of city officials. See: Officers and Employees Supervision of departments by _m m___________ Warrants, checks, etc., issued by ______ Duties of city manager. See: City Manager Investment of temporary idle funds Au th oriza tion m____________________ _ ____________________ Custody and safe keeping -__m______________u_ Proced ure m______m____ ______m_ __________ __ _______ Records, keeping _________m___ ________________ Restrictions and limitations Securities Custody and safe keeping Sale Or transfer ____ ________m_______ Use of earnings ____________________________________ Old records, destruction. See: Public Records Payroll deductions. See: Officers and Employees Purchasing agent. See also: Purchasing Composition and personnel of departments speci- fied _________m______________________________ Receipts and disbursements Duties of treasurer m___ Warrants Is s ua nee _ _ m _ m _ __ ____ ____ _____ _ __ __ m_ _ m___ _m__ __m _ ___ _ _____ _ ____ _ __ Manager to countersign. See: City Manager Treasurer to deliver to clerk _______________________________ FIRE DEPARTMENT Charter ordinances relative to _____ Chief Command at fires ----------------------------__m_______m_m___m________ Records ____ _____________________ _____m____________________________ __________________ Regulations, making and enforcing --mm___________________m__ Reports __m_ ____ ____ __ __________ ___m__m____ _ ________ _____ ______ _ __ __ ____________ Res po nsibili ty __m___ _ _ _ ________ m___ ______ _______ _____________ ____ ____ Command a t fires _____m__________m_________ ----______m______m__________ ____ Dangerous structures, barricading. See: Fire Preven- tion Duties assigned by safety department. See: Safety De- partment Duties of members, generally Supp. No.8 1873 Section 2-140 2-159 2-142 2-141 2-141 2-187 2-189 2-188 2-192 2-188 2-189 2-190 2-191 2-94 2-158 2-141 2-164 Appendix F 12-15 12-18, 12-19 12-14 12-20 12-14 12-15 12-13 SALINA CODE FIRE DEP ARTMENT-Cont'd. Electrical current, turning off in emergencies. See: Electrical Code Fire alarms False alarms, giving ________________________________________________ ___m__ Off duty firemen to answer ________________m_________m_m____ Fire guard, police to act as _____________________m___m__________m___ Fire hydrants o bstructing _______m_m__________________m_______________________________ Firemen Obedience to orders _______________m____________m__________________m_ Firemen's relief association. See that title Fires Authority to remove structures to check __________m____ Disorderly conduct at _____m___ _m__________m_m_m__m_______m_ Firemen to attend _m___m_m___m_________m___m_____m________m__ Records mm___mm____m___________________m____m_________mmn___________ Off-duty firemen Duties __m__m__m__m__m__m______nm__m___m_mn__m___m___m____m Police Duties __n_______m__mmm_____m___m_m___mmm____ __m___n____.._____ Property, tools, equipment, etc. Damaging, taking, etc. ______m_m___m__m Protection outside of city limits Charges, contract agreements, etc. m_m__________m__m__ Recruits Qualifications of ___n__n____m_mm___m________________m_____m___._ Resisting, hindering firemen ___mmm__________m __nm_____________ Rules and regulations Making and enforcing __________________ _m____m_____mu_____m___ Supervision by safety department. See: Safety De- partment Uniforms, badges, etc. Employees to wear m__________mmm___m___m_m _____________m___ Vehicular equipment Authority to commander ..m__m___m_m___m_nm______m________ Traffic provisions regarding emergency equipment. See: Traffic Wires, removal during fires. See: Electrical Code FIRE ESCAPES Awnings, canopies and marquees interfering with. See: Buildings FlrRE HYDRANTS Obstructing ________________m__________m______ ___m_______________________________ See also: Traffic Rental service, water usage. See: Water and Sewers Water system property, damaging and interfering: with. See: Water and Sewers Supp. No. S 1874 Section 23-111 12-12 12-23 12-17 12-24 12-22 12-27 12-21 12-18 12-12 12-23 12-25 12-1 12-11 12-16 12-14 12-13 12-26 12-17 e e e CODE INDEX FIRE LIMITS Establishing limits 'Of districts in which storage is re- stricted. See: Fire Preventian FIRE PREVENTION Boiling pitch or tar Locati ans f or ___________________m____________________________________________ Buses, smoking on. See: Vehicles for Hire Cade Adopted ____________________________________________________________________________ Amendments, 'Omissions, added provisions ____m________ Building codes, other. See: Buildings Definitians m_______________________________________________________________________ Elect~ical code. See that title V ia lations ________________m_________m___________________________________________ Combustible trash Housing regulations. See: Hausing Dangerous structures A batementpracedure _________m___________________________________ Asses'sments for work done by city N'Otice, levy of _____________________________________________________________ Barricades, authority to erect _m___________m____________________ Building codes. See: Buildin~s Defects enumerated ___________________________________________ Health auth'Ority relative to unsafe 'structures. See: Health and Sanitation Housing code. See: Hausing Inspections Auth'Ority ta enter to make _______________________________________ Scope 'Of provisions ________m________________________________________ Dry cleaning plants Rules and regulatians adapted ____________________________________ Vi 0 lati 0 ns _________________________________m________________________________ Explosives. See alsa that title Defined for traffic purposes. See: Traffdc Establishing limits of district in which storage is prahibited within city ____________________________________ Vehicle's transporting. See: Traffic Fire extinguis,hers Mobile home courts. See: Trailers and Trailer Parks Fire p~atection outside city limits ___.________________________.___ Fireworks. See that title Flammable liquids Defined far traffic purposes. See Traffic Flammable liquids in 'Outside aboveground tanks Establishing limits 'Of districts in which storage is to be prahibited ___________________________________________ Supp. Na. 14 1875 Section 12-146 12-76 12-89 et seq. 12-77 12-113 12-63 12-64 12-65 12-62 12-61 12-60 12-132 12-133 12-79 12-1 12-80 SALINA CODE FIRE PREVENTION-Cont'd. Flammable or combustible liquids Prohibiting new bulk plants within city ______m_____m__ Garbage, burning. See: Garbage and Trash Gasoline. See also: Filling Sta.tions Sale on streets, other publdc places _m__m____________m__ Iruspections Air pollution equipment, apparatus. See: Air Pollu- tion Dangerous structures. See hereinabove ~hat sub- ject Liquefied petroleum gas. See also that title Establishing limits of district in which bulk stor- age is restricted _____m______________________________________m Moving of dwellings. See: Buildings Open fires, setting ____mm_____________mm_m__________m______m__ Housing regulations regarding trash burning. See: Housing Rubbish or trash fires ___h_____m_____mh______m___m__m_m____ Smoke producing equipment, inspection, etc. See: Air Pollution Smoki,ng on buses. See Vehicles for Hire Streets and other public places Fires prohibited on ___________________m___h__________um__________ Gasoline sales regulated ____________________________m_____m______ See also: Fdlling Stations FIREARMS AND WEAPONS BB guns Discharg,ing ______h__________________________________________mm Parent or guardian permitting carrying of _____m__ Carrying concealed m________m____________m_______________________ Oonveyance of weapons and contraband into jail. See: Prisons and Prisoners Discharge of i<irearms ________________umhdm__m_________ Fireworks provisions. See: Fireworks Hostile demonstrations with _m___m______m_____mm_____m_m Knucks Manufacturing, dealing in, carrying, etc. _________h_____ Nonpowder propelled guns Carrying ___________m___m____________________________________ Def,initions _____________________________u___________________d__________n____ Discharging _____________d__________m___h__________________________________ Possession by youth _d_________m____m_dm___d__m____________ Sale, transfer to youths __________________________________ Violations __________m_m______________________________ Tranquilizer guns, use in apprehending animals. See: Animals and Fowl Supp. No. 14 1876 Section 12-81 12-149 12-78 12-147 12-147,12-148 12-147,12-148 12-149 23-134 23-135 23-124 23-125 23-126 23-127 23~131 23-128 23-132 23-130 23-129 23-133 e CODE INDEX FIREARMS AND WEAPONS-Cont'd. Wounds, i-njuries, etc. Physicians to report ------------------------- Section 23-154 FIREMEN'S RELIEF ASSOCIATION Bylaws, rules and regulations ______________________ 12-41 Composition ____________________________________ 12-38 Disbursements, procedure for __________________ 12-44 Double benefits ____________~________________ 12-49 Funds Custody of _____________________________ 12-43 Investments _______________________ 12-46 Loans to city ________________________ 12-47 Purposes for which may be used _______________ 12-47 e e Supp. No. 24 1876.1 e CODE INDEX FIREMEN'S RELIEF ASSOCIATION-Cont'd. Statutory limitations on use of -------m_____h____h________ Trusts, held in _n____h__ __ --___n__ ---m_____m_nn______ Insurance, limitations on -n-n_n______nn Officers specified _____ _ _n____ Records ---m-n___n_nn_m_________ m___nm______________ m______n___n Treasurer, bond of -------u--------------n--u_m_n_____mm___________m___ e FIREWORKS Defined -_______________ nn-nm______u_n_n__ Displays, liability insurance required for Exceptions to provisions h__n_ Fire prevention code. See: Fire Prevention Manufacture of -- ------___________________________ ----u______n_____ Nuisance Declared; abatement _ _nn___n______ Seizure -----n_____u_u_u_____ -----u-u_nu___nu Storage, sale, use of ----------n_m_nn______u Unfired fireworks, disposal of -____n___u Violations Seizure ------ --------------n---___mm___nm__ ------______u__________ __ __________ FLIES Pest control. See that title . FLOOD CONTROL Flood protection works Building permits. See also: Buildings Withholding issuance _ City engineer Appeals from decisions of __________ -------______m______________ Review of plans for certain proposed construction or excavations ----n----nh_n_____________________________u________ Construction or excavations Permits. See within this subtitle: Permits for Con- struction or Excavations Governing body Findings of -nn---n-n________n______n_n__u Grade sheets, withholding nn_______________ Permits for construction or excavations City engineer to review plans for __ Issuance or denial ___ -_n____n___ Restricted or conditional permits __ Violations Penal ties -----------mm______u__ -nu___n______n -__n_n__u____ General ordinances, applicability -_____m__ Supp. No. 12 1877 Section 12-45 12-47 12-48 12-39 12-42 12-43 12-119 12-122 12-124 12-120 12-126 12-125 12-121 12-123 12-125 13-15 13-16 13-12 13-11 13-15 13-12 13-3 13-14 13-17 13-3 SALINA CODE FLOOD CONTROL-Cont'd. Lands included in corporate limits ---- -------------------------- Trespassing on, damaging, interfering with prop- erty ---------------- --------------------------- - ---------------------------------- Police power extended to system -- ---------------------- Regulations, manager to prepare __________m________ FLUORIDATION Water and sewers. See that title FOLLOWING. See: Preceding, Following FOOD REGULATIONS (Handlers, Establishments, Products, Etc.) Commissary Sale of products from ------- - ------------- Definitions Establishments. See within this title that subject Milk and milk products. See that title Vending machines. See within this title that subject Diseased employees. See within this title various sub- jects Establishments Animals, pets, in ------------------------------------- Dogs other animals in public buildings. See: Ani- mals and Fowl Bakery, defined ____________u______ - - _________________________u___ __u__________ Bottling, works --------------------------------------------------------------- Cleanliness of employees _____n________________________________________ Compliance with provisions ----------------------------------------- Definitions ------------------------------------ --------------------------------------- Diseased employees Generally ---- - ----- -------------------------------------------- ----------------- Measures authorized when disease suspected Notice of disease ------------------------------------------------------------- Doors and windows _________________________________________________________m Employee, defined _________________________________________ _______________ Enforcement, interpretation of provisions -------------- Entertainment in. See: Amusements Floors, maintenance --------------- ---------------. General cleanliness of premises n__________________ Grocery stores and meat markets, defined ------------------ Hand washing ____________________________ _________________________u_ Health officer, defined __n_ Inspections Examination, condemnation of products ---- Permit suspension, revocation --- - .---------------- Required ------------------------------------------- ----- -------------- ------- Second inspection after violation -- n________u_________ Supp. No. 12 1878 Section 13-2 13-4 13-1 13-5 14-107 14-50 14-13 14-13 14-51 14-12,14-34 14-13 14-26 14-28 14-27 14-38 14-13(3) 14-14 14-36 14-35 14-13 (4) 14-43 14-13(5) 14-19 14-21 14-20 14-21 e CODE INDEX e FOOD REGULATIONS-Cont'd. Itinerant restaurants Defined _______n___n___nnmn___ Permits, exemptions n_UUn_ Requirements, construction _ Lavatory facilities nmnmm___n Lighting ___mmnnn_nn__nn__nn__m Living or sleeping quarters ___ Lockers, dressing rooms nu_u_ Other establishments, defined Permits Applications _n___nnnnm_____nm______ Display of _ _U un____mmm______ Exemptions n__mm_mn_nn_____ Expiration and renewal _ Fees Disposition, payment into treasury nm_ Established m_m______mnn ___nm________ Issuance Prerequisites mm ___nnmmmm____ Itinerant restaurants mnnmmnmmn Persistent violations, for _m u_m____ mnw___ nn___nm _ Reinstatement __m___________n__n___hmn_m______________nmn_n____ Required mn___nn_n_________nn_______mmmmm________________n __m_ Section 14-13 (6) 14-15 14-55 14-43 14-39 14-54 14-53 14-13(7) 14-16 14-15 14-15 14-18 14-17 14-16 14-16 14-15 14-22 14-24 14-15 e Supp. No. 12 1878.1 e e e CODE INDEX FOOD REGULATIONS-Cont'd. Revocation or suspension Flagrant violations, for 00 -mm____h__h___m_____________m Removal of permit ___________ -----___m____________mm_____h___ Poisonous substances, use _00 _____m____h Refrigeration __n ______ ______00__ ---h--___________h_________m___m Restaurants, defined m____mh__h________________h_____m______ Sanitation requirements -h_____m_____mm_____m_______________ Soiled linens, coats, aprons ______h____m__m______ Storage, display of food and drink _______m_________ Toilet facilitiesm ____00 _ 00____ 00__ _m_____m____ ____ __mm Unwholesome, adulterated food or drink Examinations, condemnation of Sale of -hm_______m_ ________h_m__ Utensils and equipment, construction of ___ Cleaning, bactericidal treatment _______m____h Defined _______m______ ____ __ _ ______ __h____h_m m___ m_______ 00______ m_____ Storage, handling of ---m__h_mh____mn__h_m__h V en tila tion __m_ 00__ ____ _ 00___ _00 ____mn_md_n __h_nnmm_____ __________ Walls and ceilings, cleanliness m_____h_h__m_________mn Wastes, disposal of __m --m_____mm____mm________________h____ Water supply --mmh-m_____m________m______m___m_m__m__________h_ Wholesomeness of food and drink ___m_mn___m______m Food, defined ____n_____m ______nh_h___ ________00____00 n______mm____ ________ Handlers Diseased employees in food establishments. See within this title: Establishments Itinerant restaurants Permits. See within this title: Establishments Milk and milk products. See that title Pest control Establishments. See within this title that sub- ject Milk and milk products. See that title Vending machines. See within this title that sub- ject Poisonous substances, use. m_______m__n____m Restaurants. See within this title: Establishments Unwholesome, adulterated food, or drink S::de of _ _ _m_ moo _m m n_mm_ nn m __mm_____n___ See also similar subjects throughout this title Vending machines Auulterated, contaminated, etc. food or drink Freedom of ingredients from contamination 00 Ad ul tera ted, defined _n___________h _m_nm_h_____n___m______ ________ Adulterated, misbranded food or drink Dis pos i tio n ----m----m--__m____nn_h____m_h____m_m__h__________ Impounding, forbidding sale of n_mm____m__m 1879 Section 14-21 14-23 14-25 14-48 14-13(8) 14-34 et seq. 14-52 14-50 14-41 14-19 14-1 14-44 14-45 14-13(9) 14-46 14-40 14-37 14-47 14-42 14-49 14-105(5) 14-25 14-1 14-136 14-105(1) 14-122 14.121 SALINA CODE FOOD REGULATIONS-Cont'd. Prohibited ~nn ___nnn ____m________ _mm____mm____mmn___mnn See also similar subjects throughout this title Approved, defined m_mm____ Bulk vending machines Condensation prevention mnm_mnmn___ Protection of delivery tube and orifice m___ Cleaning Provisions to facilitate __mmnmm ________~____mnnmmnm Commissaries List, record of ___m_m_mnm_mm____m___m__m__ Commissary, defined ____n_m ____mm____mnnm__m___n Condensory units, sealing n__mm___m_m___mn _mm___mm_ Construction, sturdiness of ___________ __m___mm________nn Correction of violating conditions Orders requiring ___m___nm__ mU__mnmnm___m____ Defined ____mn________ ____________m__m__nnn_____________nmnm~__________ Definitions n _ m__mm_m_m___m___m __m_m___m_m__n See also within this title that subject Diseased employees ____m___________nn_m__m____________mm____m__ Measures authorized when infection suspected ---- Notice of disease or suspected disease mm Similar provisions. See within this title various subjects. Dispensing Milk, fluid milk products, etc. ____m__mm_____m__nm_n Doors and panel access opening Bulk vending machines ___m__m____m____nnn_mm_n Tightness _____~m_m_n__ __m__m___________m___m_____________nn______ Employees, cleanliness _______m__________unn____m_______m___m___ Employees, defined m____m_m______________________n__m___m________m Floors, requirements for mm____ m__mn_n__m___m__m___~__n General wholesomeness nm____m___________m____________________n__ Handling of products m~________ ____m_m__m_________mm_um__n Health authority, defined ______________n______ Right of entry _m nmm_m__m____m_ n_______m__m__m~n__nn Hot liquid food or beverage Defined mm_m__m_ ______________________nm__ Insect and rodent harborage, creating.- Inspections Authorized _____________________________m__ __________m_____ Right of entry to make ___m______ ___mmm_____. Samples, examining _____m_______m____m_____n____m~_____~________ Interior areas, inaccessibility _mm___ __m_______m~ Interior nonproduct contact surfaces mm n~_______mn___ Jurisdiction Sale of products outside _~________m_n Laws and regulations, compliance 1880 Section 14-119 14-105 (2) 14-157 14-157 14-151 14-113 14-105(3) 14-150 14-147 14-116 14-105(14) 14-105 14-126 14-128 14-127 14-140 14-157 14-148 14-170 14-105(4) 14-146 14-136 14-137 14-105(6) 14-124 14-105 (7) 14-145 14-123 14-124 14-120 14-154 14-153 14-107 14-135 e e e CODE INDEX FOOD REGULATIONS-Cont'd. Liquid wastes -----m_m___m_m__m______m__________ _m_m_____________ List of machines and commissaries -------_____m_m__________ Location CI eanliness ___ --_________m____m__________ __m_______m__________m________ Defined ______ __ ______ ____________________________________________ __________ ____ ____ Machine interior, accessibility ___m________________________________ Milk machines Cleanliness, filling of ---m--m_m__m_m___________m__m__m__ Dispensing milk in general -----------mm______m____um___ Milk regulations in general. See: Milk and Milk Products Misbranding, defined ----m-m____m_____m____________________m______ Multi-use containers, cleanliness ---m------______________mm Notice of changes in operations -----m___m_m_m___m__m___ Opening devices, construction of ---__m_m_m_______________m Openings, p rotecti on --------------m-______________________m___________ Opera tor, defined _______ --------m-----___________________________m________ Packaging of products --m------______________m_____m__ Dispensing m_________m__ --________mmm_____ Liquid products ___nm______ Temperature Permits Applications Investigation Required, contents Changes in operations, notice Compliance -- --m__________m____ -----__________m______ Correction of violations Issuance ___ __nm_____ Notice or order Action after hearing on Orders requiring immediate correction, etc. ________ Reinstatement __m___________ __mn____________ _mm__m_m__ Required _m_mm___m ___m_____m__________ Revocation and suspension m_ _____m_________________ Transferability m_mm____m__ ----------____m_____m___ Violations. See also within this subtitle various subjects Product contact surfaces Defined______mmn__ Protection of products during transportation Readily perishable foods Defined Manner of dispensing Parts in contact with Parts in contact with other than, cleaning Temperature 1881 Section 14-167 14-113 14-145 14-105(8) 14-124 14-141 14-140 14-105 (9) 14-142 14-114 14-159 14-156 14-105(10) 14-137 14-138 14-158 14-139 14-111 14-110 14-114 14-109 14-116 14-111 14-117 14-116 14-118 14-108 14-115 15-111 14-155 14-105 (11) 14-168 14-105(12) 14-138 14-142 14-143 14-139 SALINA CODE FOOD REGULATIONS-Cont'd. Samples of food, beverage, etc. Authority to take, examine mm__ Screening un___n __n________n_________m__ Check valves, when used ____ n___mn_____ Service connections n______mmm____m_m_____m Single service articles Single service containers ____ _nm_mmn_ _m___m_____mn Spoilage, contamination, adulteration Freedom from Storage compartments Drainage m_mnm_m____nm__ Storage containers Protection of openings into m______m_m________mn__ Storage .of products _m_nm_ nm___mn__nmmnm___mn Surrounding areas Cleanliness m___n___mnnn__ _______n_mnm____m_____ Maintenance of _________m_m_m_ _m______nmm___m___ Transporta tion of products _______mn____m__nm Temperature of perishables in transit mm Transportation of products or ingredients Cleanliness of employees m__mn__m_mm Protection of food, beverages, etc. during Unwholesome, adulterated food or drink. See also within this title that subject Ventilation louvers, openings, screening - Vermin, minimization __nn __mnm____m_______ Violations __nm_ Notice ____________m Permit action. See within this subtitle: Permits Waste containers ____m_m________ Waste removal Frequency; manner of disposal Liquid wastes mn__m__mnm_n Water Carbon dioxide or carbonated water Protection of water supply, etc. Check valves ______nmnnmnmn Conditioning devices Filters Ingredients Protection ____nnn Quality, source of Wet storage of products ___m__m_nm FORNICATION. See: Indecency and Obscenity FORTUNE TELLERS Licenses and license fees. See: Licenses, Certificates, Etc. 1882 Section 14-120 14-149 14-163 14-152 14-105(13) 14-144 14-136 14-158 14-156 14-137 14-145 14-146 14-137 14-169 14-170 14-168 14-149 14-147 14-106 14-125 14-166 14-165 14-167 14-162,14-164 14-163 14-161 14-161 14-160 14-162 14-160 14-137 e e e CODE INDEX FOWL. See: Animals and Fowl FRANCHISES Utility -m__m_____m_______m___m FREIGHT VEHICLES. See: Vehicles for Hire Section App.E FRUIT Entering enclosure to pick and carry away ___m__m_m___._ 23-21 FRUIT AND VEGETABLE PRODUCE License exemptions. See: Licenses, Certificates, Etc. FUEL Use of smokeless solid fuel. See: Air Pollution FUNERAL PROCESSIONS. See: Traffic G GAMBLING Amusement places. See various amusement places as indexed; see also: Amusements Billiards, pool and shuffleboard. See that title Carnivals, circuses and tent shows. See that title Cereal malt beverage premises. See: Alcoholic Bever- ages Devices, tables, places Keeping ----_______ ----------u----__m_________m__m_m_______________ Procedure for forfeiture --m-_______m________m_____________m______ General prohibition relative to -----__m_m___m___m_'__m________ Leasing premises for -----'----m--_m__m_______m__m__m__ Lotteries ----------------m--_m______m_m____m_ -----_m________________m____ Permitting on premises __ -m---,--________m_m__________m___ ____m__ Places declared nuisance Aba tement ----m--m-----_-------m-__m______________mm________m___um Punchboards, slot machines and similar apparatus Condemnation, destruction --m-----m-m_____________m_m___m__ Prohibited ----------m-----_m_______m____________m____m____ _______________ Seizure and confiscation -m---m_m___m__m_m___m_m_____u____ Similar provisions. See: Indecency and Obscenity GARBAGE AND TRASH Bills City collection service. See within this title that subject Burning of garbage -m_-----'m-________m_________m___m____m______ Open fires generally. See: Fire Prevention City collection service Commercial dwelling, defined m--m__m______m___n______m__ SuPp. No. 17 1883 23-74 23-78 23-73 23-76 23-82 23-75 23-77 23-94 23-93 23-95 31-50 31-11 SALINA CODE GARBAGE AND TRASH-Cont'd. Container Capacity, weight of __________________________m______________m___m Refuse sanitation. See also within this title that subject Def ini tions _________________m ____m_m___m________m________m_________m_ Dwelling unit, defined ____m_m__m___mmm_____mm____m__m__ Dwellings Contracts for service to ________m_________m________________m____ Multiple dwellings, defined _m____m___________m____m___m_____ Regulations, adoption m_____n__________mn_____m_ _md__m_m__ Sanitation department Crea ted __________________dmm_m___m___d__________m_______m______--- Du ti es ___m____m________________mmd________ ---- _______m_________ - __d_____ Service charges B illing ____m__m____________m__________m___m____________________m__----- Discontinuance of service for delinquency ____m_______ Due and payable, when ______m___m__m____m________________ Esta bl ished ___d_m____m________m_______m___m______m________m___ Funds derived from, handling _____m___________m_m_m____ Single family dwelling, defined n________m___________________ Special enterprises, defined ______________mn___n_m_________ Superintendent of sanitation Appointment _md__m___mm____________________ ____n_____d_____m____ Collection administered by __________m_______m____________m__ Landfills, duty to supervise _m_________________d___________ Other duties _m_m________________m_______________________m______ Containers Capacity, weight of d______nm__________________mn_____________ Refuse sanitation. See within this title that subject Dead or diseased animals or offal Transporting through streets. See: Streets and Side- walks Definitions. See within this title various subjects as defined City collection service. See within this title that sub- ject Refuse sanitation. See within this title that subject Disposal of refuse Refuse sanitation. See within this title that subject Solid waste disposal area. See within this title that subject Dwellings City c-ollection service. See within this title that sub- ject Food regulations, restaurants, etc. See: Food Regula- tions Supp. No. 17 1884 Section 31-22 31-11 31-11 31-20 31-11 31-23 31-12 31-12 31-18 31-19 31-18 31-17 31-21 31-11 31-11 31-13 31-14 31-15 31-16 31-22 e e e CODE INDEX GARBAGE AND TRASH-Gont'd. Food vending machine waste disposal. See: Food Reg- ulations Glass, other debris on roadway. See: Traffic Housing standards. See: Housing Littering General prohibition relative to _________d_____________________________ Park restrictions. See: Parks, Playgrounds and Rec- reation Similar provisions. See: Streets and Sidewalks Milk and milk products. See that title Mobile homes and mobile home parks. See that title Pest control. See also that title Storage to be inaccessible to vermin, etc. ______un_mum Private haulers Additional regulations, authorization ______________________ Age of licensees ----h---------________h________________________________m__ Liability insurance --------h--_________________________________h_________ Licenses Age of licensee ______hh___h______________________________ A pp Iica tion -----------______________h___________________________________ _ _ _ _____ Exemptions m---m--________________d_mm_______h______m____ ______ ___ Expira tion ---------m--__h______________________________________d_______m__ F ees ---------h---------________m___h______d__h_________________________ _ ______ Disposition of revenues _h___________d____h____________ ___________ Prorating m__________________________________ _________ _________________ Issuance, contents of ___________h_______________________________________ Liabil i ty insurance _____h_____ ___________________________________________ Registration decals for vehicles _________d____h______________ Required ______h_________h___h_____h__________ ________________ ______ Revocation --------------------m______h____hh_________h__________ ____ ___ ____ Transfer of vehicle registration -______m________u______ _ ____ Transferability ---_h_____h_________hd___________m___ ___________ ______ Registration decals for vehicles ______________ ___m______m_m__ Transfer of vehicle registration ______ Transportation standards ____________m______________________ Vehicle standards ____________________________________________________________ Refuse sanitation Ashes, defined ----------________h_____m_ _ ____ _____________ ________ ___m____ Authorized collector of refuse Defined ---------------____________m________________________________________ _______ Burning of garbage ---_______m_____m________________________________ Collections Frequ ency ----------m----________d_____________________________h________ __ ____ Removal by city, when ------h----__________________________m__ Commercial dwelling, defined____________________m____ Commercial enterprise Supp. No. 21 1885 Section 31-44 31-74 31-70 31-64 31-70 31-63 31-62 31-68 31-66 31-67 31-68 31-65 31-64 31-71 31-62 31-69 31-72 31-72 31-71 31-72 31-73 31-73 31-35 31-35 31-50 31-39 31-40 31-35 23-22 SALINA CODE GARBAGE AND TRASH-Cont'd. Defined ____m__m____________________________ Storage by __m______m__m_______m_______m____ Containers Cleaning ___mm______m____________________m____ _______________m_________ Construction, size, number of ____ m__m__m__ Disposal of refuse. See also within this subtitle that subject Spillage, prevention ____m____m_m_____m____ D ef ini tions _m_______________________________________ Disposal of refuse City to remove refuse, when _m__ Containers. See within this subtitle that subject Manner, approval mm____m_______________ m____m_____ Persons authorized to collect and dispose of ------ Unoccupied premises ____m_____________m_________________________m Draining, wrapping of refuse ___________ _____m_____________m Garbage, defined ________________m______________m__m________m___________ Occupants Duties in general _m__m__m__m_________m__m____________m____ Pest control Storage to be inaccessible to vermin _______m____m______ Refuse, defined ____m___________________________________________________ Rubbish, defined ____________________m_____________ ____m_____m___ Storage areas Cleanliness of _____________m___m____m______m_________ Storage facilities Adequacy of _____m_________________________________ ___m_m__m________ Unusual situations ______________m_________mm Vermin Pest control in general. See: Pest Control Storage to be inaccessible to ____m______________ Re gulations, adoption ________________________m________m____m_____ Sanitation department. See within this title: City Col- lection Service Service charges. See within this title: City Collection Service Solid waste disposal area Established _________________m__m______m_m__mmm ------ ------ ------- Fees Establishment of service fees _____m___m______ Removal of objects m__________m_______m__mm_m_____ Rules and regulations for use __m__m__ Service fees Establishment of m___m____m____m_______m___ Temporary suspension or waiver of _m___________ Use of area ___m________m____m_mm_______m______m_m Supp. No. 21 1886 Section 31-35 31-47 31-43 31-42 31-49 31-35 31-40 31-37 31-38 31-41 31-48 31-35 31-36 31-44 31-35 31-35 31-46 31-45 31-51 31-44 31-23 31-81 31-85 31-34 31-83 31-85 31-86 31-82 e e . CODE INDEX GARBAGE AND TRASH-Cont'd. Storage Refuse sanitation. See within this title that subject Streets and sidewalks Dumping refuse on. See: Streets and Sidewalks Superintendent of refuse Appointment, other matters. See: Service Depart- ment Superintendent of sanitation. See within this title: City Collection Service Trailer parks. See: Trailers and Trailer Parks Vehicles transporting Private haulers. See within this title that subject Standards _____ ___ _____ ___n m________________m_________mm___m_m__________ Weeds and brush. See that title GAS Air pollution provisions. See: Air Pollution A p p liance s _____m________m_m_m_m____________m_mm_____m_____m_ ________ Bond requiremen ts _______________m_________________________________ Gas fitters certification. See within this title that subject Building permits in general. See: Buildings Certificate. See within this title: Gas Fitter's Certi- fication City gas inspector Mobile home craftsmen board of examiners, mem- bership in. See: Mobile Home Craftsmen Code Adopted _______m _________mm_____ ______m mm________n _ _____________________ City codes, board of examiners to conduct examina- tions on contents of. See: Mobile Home Crafts- men Common vents Fuel burning appliances __________m__________________m_____m_ Drilling. See: Oil and Gas Drilling Establishing limits of districts in which storage is restricted. See: Fire Prevention Flues on vents __m_________mm_______m__m_________________________m___ Gas fitter's certification A pp lica tion ______mmm_____m_________ -__m_____________m________m_ _ _ Fee to accompany _____m_________________________________________ F 0 rf ei ture of m____n________m______m__________________m_m__m__ Bond and insurance requirements and exceptions _____ Extensions of license, bond and insurance ___________ Examination required _m___________m_____m__________________ Issuance of __________________ __________________________________________ Supp. No. 17 1887 Section 31-73 9-264 9-253 9-255 9-264 9-263 9-242 9-243 9-244 9-253 9-254 9-245 9-246 SALINA CODE GAS-Cont'd. License and certificate Current license prerequisite to permit ------------------- Examinations Renewal not subject to ___________________________________________ Expiration, renewal of _________m__________________________________ Extens ion of _________________________________________________________________ Fees Ren ew al ______________________________________________________________________ Issuance of ________________________ ------------------------------- Renewal; fees __________________________________________m_________ Plumber's examination, pertinent provisions. See: Plumbing Registration of certificate, fee ------------------------------------- Required --------------------------------------------------------------------------- Gas supplier Opening or closing service lines ________________________m_________ I nsur ance requirem en ts ------------------------------------------------------ Gas fitter's certification. See within this title that subject Interpretation of provisions _____m_________________________m_________ License Gas fitter's certification. See within this title that subject Licenses, certificates, permits, etc. See that title Liquefied petroleum gas. See that title Meters Lo ca tio ns ______ __________ __________________m__________________________________ Oil and gas drilling. See that title Permits Building permits in general. See: Buildings Plumbing code, other matters. See: Plumbing Provisions In terpreta tion of ___________________________________________m_m__m________ Safety pilot on appliances m_________mn_______mm___________________ Service lines Valves required, other standards __c___________________________ Standards adopted ----------------------------------------------------------- Swing joints Underground pipes ______________m_m____________________________________ Temperature and pressure release valves Water heaters to be installed with ________________m____________ Unions Standards _______________________________m_ __________________________________ Utility provisions. See: Utilities Venting Approved type vents required ----------------------------------- Supp. No. 17 1888 Section 9-252 9-251 9-249 9-254 9-250 9-248 9-250 9-247 9-241 9-256 9-253 9-240 9-257 9-240 9-265 9-256 9-255 9-266 9-260 9-258 9-262 e e e CODE INDEX GAS-Cont'd. Common vents ................................. Flues on vents ................................. Responsibility for ......;.......;................ Water heaters Exception, locations for .....;.................... Plumbing regulations. See: Plumbing Temperature and pressure release valves . . . . . . . . . . . GAS DISTRIBUTION SYSTEMS Mobile homes and mobile home parks. See that title GAS GUNS. See: Firearms and Weapons GENDER Word usage in code ............................... GOING OUT OF BUSINESS SALES Licenses Advertising Goods which may be advertised ................. Application for ................................. Fees.......................................... . Required ....................................... Time limitation ................................. Waiting period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GOVERNING BODY. See: City Commission GRADE MARKERS. See: Streets and Sidewalks GRASS Weeds and brush. See that title GREASE Drainage into waterways, etc. See: Water and Sewers GROCERY STORES Food regulations. See that title GROWERS. See: Fruit and Vegetable Produce GUNS. See: Firearms and Weapons H HANDBILLS Scattering, distribution. See: Advertising HANDICAPPED PERSONS Parking spaces for Parking, stopping and standing. See: Traffic Supp. No. 25 1889 Section 9~264 9-263 9-261 9-259 9-260 1-2(7) 20-78 20-76 20-75 20-75 20-77 20-79 HEAV;J'I{;AND SANITATION Alc9~wlic beverage premises. See: Alcoholic Bever- ages Animals, keeping. See: Animalsand Fowl Beekeeping. See that title Depar.tl!l'lent City-county board of health Joint resolution, powers and duti~'sprescribed by Diseased employee!; in food!esbi'l:iIishinents. See: Food Regulations Diseases Persons with certain diseases at municipal swim- ',"<JiJ.ing pool. See: Municipal Swimming Pools Dogs, vaccination. See: Animals and Fowl Fluoridation of water supply systems. See :'Water and Sewers Health <\epartment ., Defin~d ..................".. ....~ .... . , . . . .. .. . . . . G~~e;l'~l matters pertaining to departments. See: , ., 1)~partment of City Health. officer D~finEl'd ..................................... .'..... Housing standards. See: Housing Joint city-county health depa,rtn'll,!nt Budget and expenditure ....................... .App. D, Art. I, ~ 4 Effective date of resolution; . . . .' . . . .' .' .... . . ; ; .'. . App. D, Art: I, ~6 Financial agreement.......................... . App. D, Art. ,II Officers, chairmen, etc. .............. .....,... . App. D,Ait. I, ~ 3 Organization ...................... . . . . . . . . . . . .App. D, Art. I, ~ 1 Powers and duties............................. .App. D, Art. I, ~ 2 Termination .of ',. ::. : ;J'... . ..... . ; ;'. . . . . . ..... .;; . .App. D;Art. I, ~ 5 Milk and milk products. See that title Nuisances. See also that title Abatement at expense of city Authorization; asses~ment.of cos,ts ............ Measures to clean premises and abate nuisances, adoption ......................;.. .;.; . . . . . . Procedure for abatement ....................... Standing water ............. .,". . . . . . . . . . . . . . . . . . Unhealthful structures. See within this title that subject . . ... .... . . Refuse sanitation. See: Garbage and Trash Sewer connections. See: Water and Sewers' Standing water ................................. Nuisance, declared .............................. Supp. No. 25 SAlttNA C€>~E HAWKERS. See: Peddlers, Canvassers and Solicitors 1890 Section 2-125 15-1 i5~2 15-5 15:4 15-3 15-6 15-6 15-6 e e e CODE INDEX HEALTH AND SANITATION-Cont'd. Unhealthful structures Abatement Order requiring ........... . . . . . . . . . . . . . . . . . . . . Failure to comply with ...................... Building codes in general. See: Buildings Dangerous structures Fire prevention regulations. See: Fire Prevention Housing code. See: Housing Hearings Time, place of ................................ Housing code. See: Housing Notice Required ..................................... Service ....................................... Nuisances declared, when. . . . . .. . . . . . . . . . . . . . . . . . . Violations of certain provisions, penalty .......... HEA TING Gas. See that title Housing standards. See: Housing HEDGES. See: Fences, Walls, Hedges and Enclosures HIGHWAYS General definitions applicable to streets and sidewalks See also: Streets and Sidewalks HOGS Places where animals kept, etc. See: Animals and Fowl Supp. No. 25 1890.1 Section 15-28 15-29 15-27 15-25 15-26 15-24 15-13 1-2 e e e CODE INDEX HOLIDAYS Officers and employees. See that title HORSES Animals regulated. See: Animals and Fowl Traffic provisions regarding animals. See: Traffic HOSPITALS Wounds, injuries to persons, reporting m_________________m____ HOTELS AND MOTELS Transient guest tax. See: Taxation HOUSE MOVING. See: Buildings Permits for moving through streets. See: Streets and Sidewalks HOUSE NUMBERING. See: Streets and Sidewalks HOUSE TRAILERS. See: Mobile Homes and Mobile Home Parks HOUSING Access Means of --------------------_________________m______________________________ Appeals Housing advisory and appeals board. See within this title that subject Attached garages and nondwelling areas _m______________ Basements and celIars Dwelling units in basements and celIars _________________ Use and occupancy regulations _________________________ Bathing facilities Requirements __________________________________ Building code, other. See: Buildings Building inspector Responsibility for enforcement _______________ Service of complaint or order _______________________ Compliance with provisions Required ______________________________________ Conflict of provisions Effect of ----___________m___________________________ Definitions _______________________________ Drainage Requirements --------__________m____________ Emergency abatement _______________________ Enforcement of provisions Responsibility for ___________________________ Supp. No. 24 1891 Section 23-154 16-7,1 16-76 16-60 16-55 16-62,16-66 16-19 16-28 16-2 16-6 16-4 16-75 16-29 16-19 SALINA CODE HOUSING-Cont'd. Equal opportunity and affirmative action. See that title Floor area and ceiling height Requirements _____________________________________________ Garbage and trash. See also that title Receptacle requirements _m______m_______mm________________ Garbage and trash disposal. See: Garbage and Trash Heating Use and occupancy requirements ___________m___________ Housing advisory and appeals board Appeals Conduct of hearing appeals, procedure ---------- Decision of board, appeals from ___________m___~______ Effect of failure to appeal --------------------------- Form of appeals ------------------ Right of appeals ________________m_____________ Scheduling and noticing appeal for hearing ---- Scope of hearing ---------------------- Stay order --------------------------- Appointment of members ----------------- Decisions of board Appeals from ------------------------ Established ------------ Powers and duties --------- Procedure ------------------------ Inspections Authorized Kitchen sinks Requirements Lavatory facilities Requirements Lighting Use and occupancy requirements Lighting of toilets and bathrooms ---~ Maintenance and repair Natural light and ventilation requirements Nuisance Violations declared Owners, occupants Majn~nance and repair Responsibility generally Plumbing Maintenance PoliCf and purpose of provisions declared ---- Private awimmingpools. See: Swimming Pools Supp. No. 24 1892 Section 16-61 16-73 16-56 16-36 16-37 16-33 16-31(2) 16-31(1) 16-31(3) 16-34 16~35 16-30 16-37 16-30 16-30 16-31 16-21 16-64 16-68 16-59 16-72 16-8 16-57 16-5 16-8 16-7 16-70 16-3 e e e CODE INDEX HOUSING-Cont'd. Privies _m_______________________________m________________ Requirements. See: Water and Sewers Provisions Compliance required _m__n_____________________ ______m______mm_____ Enf orcem en t __.____m___________________________ _____m___ _______________m__ Policy and purpose declared ___mm___ _____m_____nm__m______ Recommendations, may make m______mnm___ ___m______m_____ Scope, applicability of use and occupancy regulations Short title cited m_________________________________mmm___ Stay order ____m____m_____m_m_______m___________________m___ Toilet facilities Use and occupancy requirements Unfit dwellings Conditions making structures unfit for human use or habitation _____________mm_m___ ______m._____ Designation, condemnation of __________________n__m____n__m__ Order to repair, remove or demolish _____________________.._ Procedure for repairs or demolition __m_m.m_______m__n_ Unlawful housing practices. See: Equal Opportunity and Affirmative Action Use and occupancy regulations Generally ________m______mmm___m____________ ___ ______________ Violations Notice of violations Contents of notice _____m__mm____m______m_ Required -------------_____m____________________m_m__m__ Service __m__________________________________m____m_____ Nuisance declared ______________m_______m_____ Water and sewers. See that title Water heating facilities Use and occupancy requirements _____._____m_____ Windows and doors Requirements mmm_ __________n________n_______ Zoning. See that title HUMAN RELATIONS COMMISSION Equal opportunity and affirmative action. See that title HUMAN RELATIONS DEPARTMENT Equal opportunity and affirmative action. See that title I ICE CREAM Milk and milk products. See that title Supp. No. 21 1893 Section 16-71 16-2 16-19 16-3 16-20 16-54 16-1 16-35 16-63, 16-67 16-27 16-24 16-25 16-26 16-54 et seq. 16-23 16-22 16-23 16-5 16-65 16-58 SALINA CODE ICE CREAM VENDORS Licenses and license fees. See: Licenses, Certificates, Etc. ICE REMOVAL. See: Streets and Sidewalks ICEBOXES Abandoned iceboxes and similar containers. See that title Supp. No. 21 1894 e e e OODE INDEX IMPROVEMENTS Comprehensive plan. See: Planning "IN THE CITY" Defined ____________m_______m____mm__m__h____m_m______m__________m____m INDECENCY AND OBSCENITY Adul tery ____m__m_____m___m_m___h____________m__m_____m_hhm__ Bawdy houses Frequenting _m_m_________m_n_________________________mm__________________ Keeper, person deemed as ____mm______m_____________________________ Keeping ____________m__m___mm__m_______mm__________m____________________ Leasing, letting premises for ____m_mm______m_____m_mhm Soliciting, inducing male persons to enter place of ____ Concubinage. See within this title: Prostitution Fornication. See within this title various subjects Gambling. See that title Illegal dances. See: Dancing and Dance Halls Indecent exposure _____m________________________m_______m__m___m__________ Lewd and lascivious behavior __m__________m_mmm________________ Indecent or obscene performances Carnivals, circuses and tent shows. See that title Lewd acts, committing or offering to commit _m________ Cohabitation, lewd ____m___mmm____________________________________ Lewd shows, exhibitions, advertisement, etc. Exhibiting, performing, etc. _____________________________________ Municipal swimming pools, restrictions. See: Munici- pal Swimming Pools Music machines, playing indecent words on. See: Coin-Operated Machines and Devices Obscene advertising ___m_m__m______________________________m______________ Obscene literature Distribution mmm_______________________________h_______________________m Pictures, postcards, other items _____m________m_m____________ Prohibited, generally __________________________mh_________________________ Pu blica tion _____________m______________m_____h_____m_________________ Purchase, requiring ____________________m_____________h_______________ Test, applica tion __m__m____mm_______________________________________ Obscene writings, picture on walls, structures, etc. ____ Peeping toms m__________m__m________________________________________m_m_ Perversion Lewd and lascivious behavior. See within this title that subject Offering to commit, etc. ____________________mm______________ Pimps and procurers for __h_______________________m__________________ Pimps and procurers m____m_______________m_m_______________m________ Prostitution. See also within this title that subject Supp. No. 17 1895 Section 1-2(8) Section 23-68 23-80 23-71 23-69 23-70 23-92 23-79 23-68.2 23-72 23-68 23-81 23-81 23-84 23-86 23-83(1) 23-84 23-85 23-83 (2) 23-87 23-88 23-72 23-89 23-89 SALINA CODE INDECENCY AND OBSCENITY -Cont'd. Profane, indecent language in certain amusement places. See: Billiards, Pool and Shuffleboard Prostitute Maintaining ____m_mnmmm_nm____m_n_m_m____mnmm__nn_ Prostitution Associating with undesirable persons. See: Vagrancy Committing, offering to commit mnmm__n__mm_m_mm_ Females, procuring and inducing for _________________m_____ Supp. No. 17 1896 Section 23-80 23-72 23-80, 23-90 e CODE INDEX e INDECENCY AND OBSCENITY-Cont'd. Keeping places for _____________________________________ Lewd and lascivious behavior. See within this title that subject Taxicab restrictions. See: Taxicabs Scandalous conduct __m________________________________ Signs, obscene matter on. See: Buildings Sodomy Lewd and lascivious behavior. See within this title that subject Street walking Generally _________________________________________________________________ Prostitution. See within this title that subject Telephone calls, indecent or threatening __________________m Unlawful cohabitation ___________________________________ Vagrancy provisions. See: Vagrancy INDUSTRIAL DEVELOPMENT AUTHORITY Compensation __m____________________________________ Created _________________________________________________________ Duties ____________________________________________________ Expendi tures -----------------________________________n__________ Approval, payment of ______h_________________________________ Desirabili ty ______________________mm_______________________________ Meetings __________________________________n_________________________ Membership ---------------------_______________m__________n___n_ Organization, officers of __mm_________________m____________________ Proceedings _______________ --------------________________________m____________m Records _m_______________________________________________________________________ Vacancies ___________________________m___________________m__n_m_____ e INOPERABLE VEHICLES Administrative procedures _____________________m_m_________________ Authority to regulate provisions _______m____m___________________ Definitions n_________________mm_____________________________________n Governing body, findings of _______m______________________ Motor vehicles, generally. See: Motor Vehicles Presumptions that vehicle is inoperable Enumeration of conditions -____________________________n______ Prohibitions Enumera ted -----------____________________________________nn_______ Screening Businesses to be in compliance with existing zoning regulations _______________m_____________m_ _ ________m______________m_ Temporarily disabled vehicles Provi sions ________________ ____________ ______n _ _____n_____m_________n___ Violations Penal ties n____ ______mm____________________n____n___n_____________n__ Zoning. See that title Supp. No. 12 1897 Section 23-91 23-68 23-96 23-151 23-68.1 17-4 17-1 17-7 17-8 17-9 17-8 17-6 17-2 17-5 17-6 17-6 17-3 23-177 23-179 23-172 23-171 23-176 23-173 23-175 23-174 23-178 SALINA CODE INSECTS Pest control. See that title INSPECTORS Service department. See that title INSTRUMENT MEN Service department. See that title INSURANCE Bail bonds, surety companies providing. See: Police Court Old records, destruction. See: Public Records Payroll deductions of officers and employees. See: Officers and Employees INTERST A TE COMMERCE License provisions. See: Licenses INTOXICATION AND DISORDERLY CONDUCT Alcoholic beverage premises. See: Alcoholic Beverages ITINERANT MERCHANTS. See: Peddlers, Canvassers and Solicitors ITINERANT RESTAURANTS Food regulations. See that title J JAIL. See: Prisons and Prisoners JOHNSON GRASS. See: Weeds and Brush JOINT AUTHORITY. See: Officers and Employees JUKEBOXES. See: Coin-Operated Machines and Devices JUNK AND JUNK DEALERS Automobile junk dealers Classified m_hm_ nh__ _mhhm.....hnhhhm.._mhmmh....._.hhh__ Automobile junk parts dealers Classified ''0 mnm hhhhmhmmmhmn.mn.__.__hhhh.m.m Classification of licensees 'nmmmm' n'm__ nhmnhm Collector's license. See within this title: Licenses Fencing, screening of junkyards n_m.Un.m.____mmhmnm__.n Inoperable vehicles. See that title Junk buyers Classification of _ _nmhmh___h Junk collector Classified ..nnm____mhmn Junk dealers Classification of mhhmm .__mh.____.hmm__h__mm..m______h Supp. No. 12 18gS Section 18-5(5) 18-5(6) 18-5 18-13 18-5(2) 18-5(3) 18-5(1) e e e CODE INDEX JUNK AND JUNK DEALERS-Cont'd. Junk, defined ------------------------------------------------------------------ Licenses. See also: Licenses, Certificates, Etc. Additional for separate place of business ------------------ Application ------------------------------------------------------------- S ubmission, approval ________ ____________________ ----- ------ ------------ Collector's license Required for each vehicle ------------------------------------------- Expiration --------------------------------------------------------- Fee schedule ---------------------------------------------------------------- Fees Payment, prorating, etc. -------------------------------------------- Required ------------------------------------------------------------------- Revocation and/or suspension ------------------------------------- Scope of --------------------------------------------------------------------- Paper junk dealers Classified ------------------------------------------- ----- ---- ------ ------ Reports to police ----------------------------------------------------------------- Storage Regulations for --------------------------------------------- ------------- ------ Time limitations on keeping of articles ------------------------ Unlicensed location -------------------------------------------------------- Zoning, as to --------------- ---------- ------------------------ -------------------- See also: Zoning JURISDICTION Police power extended over airport. See: Airports and Aircraft Police power extended to city property ----------------- JUVENILES. See: Minors K KANSAS, STATE OF. See: State KNUCKS. See: Firearms and Weapons L LAMPPOSTS. See: Poles, Wires, Conduits, Etc. Section 18-1 18-10 18-3 18-4 18-9 18-8 18-6 18-8 18-2 18-11 18-7 18-5(4) 18-14 18-13 18-14 18-12 18-13 LANES General definitions applicable to streets and sidewalks 1-2 See also: Streets and Sidewalks Supp. No. 12 1898.1 1-10 e e e CODE INDEX LA W DEPARTMENT City attorney. See also that title General matters pertaining to departments of city. See: Departments of City Personnel specified Police judge Powers and duties __mmm_m_mm_______mm_____n___ Purpose _ mm___umun_m nmm_mm_n__ LA WYERS City attorney. See that title LEWD AND LASCIVIOUS BEHAVIOR. See: Indecency and Obscenity LIBRARIES Board Appointment ___m__m_____m mmm__m Budget and tax levies _____m_mm__uu Chairman, secretary and treasurer uummn_m___umuu Compensation nnmm_____UUn m_mm____n__ Composition _m________m_mumUUn Corporate status, powers, title, etc. Mayor as ex officio member Meetings Date, place of un nn mmum_n Special meetings Calling _ nn mmum_ nmm_m____nn Notice of m__m_m_m ___mm_mm____m_m_mm_n_n_mumu Organization, officers of __ nnu_U___n Other city offices, members holding _mm______uumm_____ Powers and duties in general _u_______u_m____ Real property, dealing in _m__nm___ Residence of members _m_m____m_ Terms of members m _m______mum___ Number of terms on board limited _________mnm_n Treasurer Bond of ____m_______ Duties of____ Vacancies, filling Books, other property Damaging ______ __ mumm_m mm__mU_mu_____mm__ Failure to return books after notice _mmum___ Stealing, taking of Budget and tax levies _ ___n___ _mum Penalties Authorization m_ ___________ Use of library 1899 Section 2-94(1) 2-109 2-103 19-2 19-19 19-12 19-9 19-1 19-10 19-4 19-13 19-13 19-14 19-12 19-5 19-15 19-11 19-6 19-3 19-8 19-16 19-17 19-7 19-33 19-32 19-31 19-19 19-20 19-18 SALINA CODE LICENSES, CERTIFICATES, PERMITS, ETC. Advertising, various licenses. See: Advertising Alcoholic beverages. See that title Amusement permits. See: Amusements Applications Fee to accompany _ _mn_m_n____nnm___m_m__ __m_____m___nn Required _m______n____m_mm___m_____n______m________ _mnmm_________ Apprentice electrician. See: Electrical Code Arcades. See that title Automobile junk dealers. See: Junk and Junk Dealers Basements and cellars, constructing under public ways. See: Streets and Sidewalks Beer. See: Alcoholic Beverages Beginning business between due dates ___mm_m____m____nn Billiards, pool and shuffleboards. See that title Bonds of contractors, licensees, etc. Surety requirements. See: Bonds Buses. See: Vehicles for Hire Business subject to inspection 00__ Carnivals, circuses and tent shows. See that title Carrying, exhibiting mnm _m_mn__m_____n City clerk, duties relative to finances, etc. See: City Clerk; see also: Finances Coin-operated machines and devices. See that title Compliance _____m_m__________ __n______________m____mnmm__m__mnm__ Contents _m____________ m_m__mnnn_mmn_ m_mnmum_n_n Contractors Electrical contractors. See: Electrical Code Dairies. See: Milk and Milk Products Delinquencies Penalty _ m_m__m_____ _m_m________mm__________________ ________mnm__ Dog registration. See: Animals and Fowl Due dates Beginning business between __m__nnm_ mnmmnm_ Each place of business, separate license required Electrician. See: Electrical Code Entertainment in food establishments. See: Amuse- ments Exemptions m_____m_nm _______mnn_mnmnm___ __________________mn___ Producers, growers, etc. m_m nmm_m_mm Veterans __m_mu_m____m___n_nm__nn_ mmm_mmn Exhibiting ________m_______n__mm_m_m____mm___m_mm____m_____n___ Fee Advertising on street n____mmn________n______ m_mmm__ Amusement devices m_______n____________mn____m_____mn__nn____ Annual 0000___ _________mnn________m_ _______n_____nmnmmm_m________m Application, to accompany m______umm__ Arcades m n_mm_n__mm_mnmn_ _ mm__m________________n 1900 Section 20-3 20-2 20-9 20-12 20-13 20-1,20-23 20-7 20-10 20-9 20-16 20-19 20-19 20-11,20-13 20-11,20-13 20-66 20-58 20-8(1) 20-3 20-37 e SUPPLEMENT TO CODE INDEX e .( LICENSES, CERTIFICATES, PERMITS, ETC. Elevators and elevator installations. See that title e Supp. No. G 1900.1 e e e CODE INDEX LICENSES, CERTIFICATES, PERMITS, ETC.-Cont'd. Astrologists .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auction rooms or consignment auctions ........... Auctioneers .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auctions Vehicle auctions at wholesale. . . . . . . . . . . . . . . . . . . Beer.......................................... . Biannual ....................................... Billboards ...................................... Billiard or pool table ........................... Bowling alleys. . .. ... . . . . . . . . .. . . . .. . . . . . . . .. .. . Canvassers ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cereal malt beverages ........................... Circuses, carnivals and tent shows ............... Clairvoyants, fortunetellers, etc. ................ Clerk to receive and pay over .................... Dances, public .................................. Deposit of ...................................... Double, when . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electricians .................................... Fortunetellers .................................. Gas fitters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ice cream vendors ............................... Junk dealers. . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . ... . Loudspeakers ................................... Marble games .................................. Merry-go-rounds ................................ Mindreaders .................................... Mobile home courts ............................ Monthly ....................................... Museums ....................................... Music machines ................................. Opera houses ................................... Palmists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pawnbrokers ................................... Permits when not obtained in time ................ Photographers, itinerant ........................ Pinball machines ............................... Plumbers ....................................... Pool or billiard table ... . . . . . . . . . . . . . . . . . . . . . . . . . . Pool table, miniature ............................ Recovery by suit ............................... Refund ......................................... Scope .......................................... Shooting gallery ................................ Shuffleboard ................................... Skating rinks ................................... Supp. No. 25 1901 Section 20-48 20-39 20-38 20-69 20-40 20-8(2) 20-41 20-61 20-42 20-43 20-44 20-45 20-48 20-4 20-46 20-5 1-11 20-47 20-48 20-49 20-50 20-51 20-52 20-58 20-53 20-48 20-54 20-8(3) 20-55 20-56 20-68 20-48 20-57 1-11 20-59 20-58 20-60 20-61 20-62 20-25 20-15 20-36 20-64 20-63 20-65 <SALINA CODE LICENSES, CERTIFICA TES,PERMITS, ETC.-Cont'd. Street advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Street parades ......,.,......... ... . . . . . . . . . . . . Taxicabs ........................................ Theaters ....................................... Trailers. See within this subtitle: Mobile. Home : Courts ,Vehicle auctions ................................ Vehicles for hire ............................... Weekly .............................. ............ Flood protection works permit. See: Flood Control Food establishment permits. See: Food Regulations Food establishments, entertainment in. See: Amuse- ments Food vending machines. See: Food Regulations Forfeiture ..................... ...... ',' .. . . . . . .. . . . Freight vehicles. See: Vehicles for Hire Garbage haulers, private. See: Garbage and Trash Gas drilling. See: Oil and Gas Drilling General electrician. See: Electrical Code Going out of business sales. See that title Interstate commerce provisions ............. ... . . . . Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jukeboxes. See: Coin-Operated Machines and Devices Ju.Iikand junk dealers. See that title Loudspeakers and sound trucks. See: Advertising Master electrician. See: Electrical Code Mechanical contractors. See: Mechanical Code Merchant or private policemen. See: Police Depart" ment Milk' and milk products. See that title Mobile home craftsmen license. See: Mobile Home Contractors and Craftsmen Mobile homes and mobile home parks. See that title Moving of buildings. See: Streets and Sidewalks Music machines. See: Coin-Operated Machines and Devices Oil drilling. See: Oil and Gas Drilling Old records, destruction. See: Public Records Other regulations, effect ......................... . Paper and junk dealers. See: Junk and Junk Dealers Parade permits. See: Traffic Peddlers exemptions .............................. Penalties .Violations ...................................... Planning commission consideration of building per- niits. See: Planning Supp. No. 25 , .1902 Section 20-66 20-66 20-67 20-68 20-69 20-70 20_8( 4) 20-17 20-18 20-6 20-21 20-19,20-20 20-24 CODE INDEX e LICENSES, CERTIFICATES, PERMITS, ETC.-Cont'd. Plumber's licenses, certificates, etc. See: Plumbing Poolrooms. See: Billiards, Pool and Shuffleboards Posting, exhibiting ................................ Private garbage haulers. See: Garbage and Trash Private policemen. See: Police Department Procession permits. See: Traffic Section 20-11 e Supp. No. 25 e 1902.1 e e . CODE INDEX LICENSES, CERTIFICATES, PERMITS, ETC.-Cont'd. Producers, growers, etc. Exemptions Required -- mm_____m_m_____n__m___mn_________ Shuffleboards. See: Billiards, Pool and Shuffleboard Sign businesses. See: Buildings Sound trucks. See: Advertising State licenses. See also that title Swimming pools. See that title Taxicabs. See that title Tent shows. See: Carnivals, Circuses and Tent Shows Trailer parks. See: Trailers and Trailer Parks Transferability nm______mm___m__ Tree trimmer's license. See: Trees and Shrubbery Vehicle for hire. See that title Veterans exemptions Violations License not to authorize ________m__m________m _m___n______m_n_ Penalties __nn_m______n______n____________n_ ___nm___nn_mnn_m__m_ Wine. See: Alcoholic Beverages LIQUEFIED PETROLEUM GAS Fire prevention code. See: Fire Prevention Pipes and piping facilities. See: Gas Rules and regulations Adopted n______m_nn_________ __n ___mn_ ______nn_n_n_________m___________ Violations, penalty LIQUOR Driving under influence. See: Traffic Intoxicating beverages. See: Alcoholic Beverages LITTERING Circulars, handbills, advertising matter. See: Adver- tising Garbage and trash. See that title Refuse, depositing in parks. See: Parks, Playgrounds and Recreation Streets. See: Streets and Sidewalks LIVESTOCK Places where animals kept. See: Animals and Fowl LOANS Discriminatory practices deemed unlawful. See: Fair Housing LOITERING On grounds of schools or institutions deemed unlawful Trespassing. See that title Vagrancy provisions. See: Vagrancy Supp. No. 11 1903 Section 20-19 20-1 20-14 20-20 20-22 20-24 12-139 12-140 26-114 SALINA CODE LOTTERIES. See: Gambling Section LOUDSPEAKERS Hours of use regulated. See: Advertising Licenses and license fees. See: Licenses, Certificates, Etc. LUNCHROOMS Food establishments. See that title M MALICIOUS MISCHIEF AND VANDALISM Boundary or grade markers Damaging or removing n--n---..____________n_____n____ __n_____ House a,nd street numbers Damaging or removing ------m--m_m__m_m_nn__n_m__m_____ Injuring, damaging, destroying property of another Generally ---n---m--n----___m___n_mn_______m___________________n_n____ Library books, damaging. See: Libraries Park property, damaging. See: Parks, Playgrounds and Recreation Parking meters, inserting slugs in. See: Traffic Traffic-control devices, damaging. See: Traffic Water and sewer meters and facilities Tampering with. See: Water and Sewers Water system property. See: Water and Sewers MALT BEVERAGES. See: Alcoholic Beverages MANAGER. See: City Manager MANUFACTURERS Alcoholic beverages. See that title MAPS Comprehensive plan. See: Planning Flood control system. See: Flood Control Setback lines. See: Planning Zoning. See that title MARBLE MACHINES Licenses and license fees. See: Licenses, Certificates, Etc. MARQUEES Construction. See: Buildings MASTER PLAN. See: Planning Supp. No. 11 1904 23-17 23-18 23-23 CODE INDEX e MAYOR City commission. See that title Civil disobedience provisions. See: Civil Disobedience MEAT AND MEAT PRODUCTS Food regulations. See that title Places where animals kept. See: Animals and Fowl e MECHANICAL CODE Adopted ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Chapter 3, Table 3A ............... Bond requirement ................................ City codes, board of examiners to conduct examina- tions on contents of. See: Mobile Home Crafts- men Department of permits and inspections Inspection by ................................... Exemptions from new contractor fee ............... Inspections Concealing work before ......................... Department of permits and inspections, inspection by Required inspection and approval. . . . . . . " . . . . . . . . Insurance requirement for mechanical contractors ... License Mechanical contractor's license Application .................................. Established ................................... Fees. ........................................ Required ..................................... Records required ................................ Permit Required ...................................... MECHANICAL VENTILATION Housing, definitions and regulations regarding. See: Housing MEDICAL EXAMINATIONS Food employees. See: Food Regulations Health and sanitation. See that title Supp. No. 25 e 1904.1 Section 9-440 9-440.1 9-449.2 9-447 9-449.3 9-449 9-447 9-448 9-449.1 9-444 9-441 9-443 9-442 9-446 9-445 e e e CODE INDEX MERCHANT POLICE. See: Police Department MERRY-GO-ROUNDS Amusements. See that title Carnival, circuses and tent shows. See that title Licenses and license fees. See: Licenses, Certificates, Etc. MILITARY City-County civil defense. See that title MILK AND MILK PRODUCTS Barns, stables, etc. Floors and gutters Keeping of animals, generally. See: Animals and Fowl Other livestock in ___mnm_mnmmnn___ Water supply mmmmnmm_ n____m__mn_mnmnmnmmmnnm Brucellosis testing _m_mum___n_n___ __n____m___n_nmnmmmm Code. See within this title: Ordinance and Code Cows excluded from herds mmnnnm______ nm__mnn Definitions nn_____m nmnmnm___ Diseased animals Generally. See: Animals and Fowl Reactors Disposal of mmnn nmmnmmnnnnnnnmmnmnnm__mm_ Transporting through streets. See: Streets and Side- walks Food regulations. See also that title Grades permitted nnmmmmmnmmnu_ Health officer approval nmm_m Inspections and tests Additional, examinations _nmnnnmn Brucellosis mmnmmnm___mnnmn__mnm _m_____n_______mn______ Sanitarian to make Tuberculin __n____ Licenses Omitted statute prOVlSlOns mnmnmu_ u_u______m__m_______ Limits of routine inspection Definedu___ _m___mn____ m _ _m n_m_m__nmnm Ordinance and code Adopted _n_nn__m_nmnm__n_____ Pasturization, defined mnm __mm_m_ n_______mm_m_ Portion amendments m_____m____nn Portion omitted ____nun m_nnn_m_____m__mm_____n Statutes. See also within this title that subject 1905 Section 14-78 14-79 14-80 14-75 14-76 14-16 14-77 14-84 14-85 14-77 14-75 14-83 14-74 14-69 16-16(1) 14-70 14-73 14-72 14-71 SALINA CODE MILK AND MILK PRODUCTS-Cont'd. Pasteurization Defined _______u________ _________________mmu____m_nnn___ Milk to be certified, pasteurized or grade A pasteur- i ze d n _ _ m _ m _ m_ _ ___ m _ ____ m n .._nm __m__m_m_ ____moo n__ __ __ __ _ __ Requirements nn__ m______mnm ____m_m_m_mmmnm Penalty provisions, omitted from statutes ____m____ Permits Applications Examination m.mm_m_. _________m_m____ mm__mn nn .mn__m_ Fee s nnn .nm _ n _m____m_________n _.m_mmmm _m______m__ ____mm_ Issuance __nmmm____m_mm__h____ _ _____m___nm mm mm____ mm Required, contents __nnmm____nm__nmnn__ _____mnmm__u_ Required _mm__m._m_________ _m_mm_mm__m Permitted grades ____m_m__hm__ n__mmnm__m__ Police jurisdiction Defined Raw tanks Cleanliness of ______mm_____m____m_m__m____nn Statutes Ad opted __ _ _00 ____m__m________n______nn _m__n___um_m _____m_mm_ Omi tted prOVISIons mm___mun_mm__m_mm_mmnm_ ___m__u Ordinance and code. See also within this title that subject Tuberculin tests and certification mmmn m____mmm____m__ Unwholesome, adulterated food or drink. See: Food Regulations Vending machines for milk dispensing. See: Food Regulations MIND READERS Licenses and license fees. See: Licenses, Certificates, Etc. MINORS Alcoholic beverage regulations. See: Alcoholic Bever- ages Amusement places, various regulations. See: Amuse- ments ,See also different types of amusements Curfew Established mmU______n______n _u_m mn _______u_m_mm___m_ P aren ta I res ponsibili ty mm m___m_______u_____m_mmnnm_mn Driver's license regulations. See: Traffic Poolroom regulations. See: Billiards, Pool and Shuffle- board Traffic violations. See: Traffic MISDEMEANORS. See: Offenses 1906 Section 14-73 14-81 14-75 14-69 14-93 14-94 14-93 14-92 14-91 14-84 14-66 (3) 14-82 14-67 14-68, 14-69 14-74 23-149 23-150 e e e CODE INDEX MOBILE HOME COURTS Licenses and license fees. See: Licenses, Certificates, Etc. MOBILE HOME CONTRACTORS AND CRAFTSMEN Board of examiners for mobile home craftsmen Created; membership ____uum_____m_m_____m______m______mm____ Examinations Board to conduct; scope m____________m___m_________________m Meetings, h olding ______________________m__m__________m_________mm__ Bond requirement _____________m__________mm__mmm______________m____ Certificate of approval Required before setting meters or connection ------- Classes of mobile home craftsmen established m_ Contractors Required to employ master mobile home craftsmen Examinations. See also within this title: Licenses Board of examiners for mobile home craftsmen. See within this title that subject Gas. See that title Inspections Approval required _____________________m___________________________________ Calls for __________________________________________________m__m_____m_____ Concealing work before ___________________m_______m_______m______m Inspection department to inspect ________m__ __m______m____ Required ____m_____________________________m__m________________m____----------- Insurance _____________o______________________________________m__mm___m_______ Licenses Applications for craftsmen licenses ________m____m__________ Applications for mobile home contractors' licenses Bond requirement ____mm________ _______________________m__m___________ Fee s generally _________________m_________mm___m_____________________ Exp ira tion _______________________________m______________ __m__________________m Fees generally ______________________m_m_m___________m_m__m__ ------ - Insurance requirement _____________m________mm___m________________ Issuance mm_____________m_____________________m_________m__m_________m__ Required __________mm____m__________________________um__________mm___---- Revocation or suspension of mobile home craftsmen license _m_____m_____m________________m______m_____m______________----- Nonresident mobile home craftsman m__mm____m________m___ Permits Fees established _____m _ ____________m____________m_m____m____m_____ Payment of fees; failure to pay ____m______m__mm____ Record of permits required ____________________ mm_m___m______ Required ____m____________________________m________m____________m___mm_____ When not required mm__m_______m______m_______m______________ Plumbing. See that title Supp. No. 21 1907 Section 9-415 9-417 9-416 9-430 9-428 9-414 9-431 9-426 9-432 9-427 9-425 9-426 9-429 9-412 9-413 9-430 9-412 9-412 9-412 9-429 9-418 9-411 9-419 9-433 9-423 9-424 9-422 9-420 9-421 SALINA CODE MOBILE HOMES AND MOBILE HOME PARKS Addresses Posting. See within this title: New Parks or Park Expansions Alteration of systems of mobile homes ~~~~~ ~~~~u m___~u~~ Building permits Responsibility of mobile home park owner re D ef ini t ions ~~m ~~~~~~_____________m~ ~_~~____~m__~~ _~~__~ u ~ ~ ~ _ ~~ ~u ~~~~__~ ~~ _ ____ Drainage m___________________m__m____mu_____m___~~~mu__~_____ u_~~ Electrical distribution systems for mobile home parks Electrical service Responsibility of mobile home park owner _ Environmental standards _______________~ Expansions of park. See within this title: New Parks or Park Expansions Fire protection systems for mobile home parks __ New parks or park expansions. See also within this title that subject Garbage, trash and refuse Duty of mobile home park owner to provide for storage, collection, etc. mmmnm___u ___~_~~____~__ Gas distribution systems for mobile home parks nu__ General regulations applicable to mobile homes and owners. See within this title specific subjects Licensing of mobile home parks Expiration, renewal of license, renewal fee _~__ Fees _____mm________u___m_m____mumum_____~~_~~~ummm_m_~ License required m__m____ __u~_~mm_mmm___mm________m_____~~~_ Mobile home courts. See also: Licenses, Certificates, Etc. Posting license _m___ ______m____~_m____m_m__u____~~~_~~__~___~_~~nu~_ Revocation of license _~_~___~__mm~___~___mm~_u__m_m__m~_~~~_ Lighting New parks or park expansions. See within this title that subject Location of mobile homes ~~~m___nn~~__m_u___m~___~ Map of park Responsibility of mobile home park owner to keep Mobile home courts Licenses and license fees. See: Licenses, Certificates, Etc. Mobile home stands New parks or park expansions. See within this title that subject New parks' or park expansions Compliance with zoning m___m_m_~_mn ________~u.uu Construction standards _~~~____~um_~__.mu_____ Supp. No. 21 1908 Section 21-14 21-17(1)(h) 21-1 21-15(1) 21-19(3) 21-17(1)(c) 21-15 21-19(5) 21-17(1) (f) 21-19(1) 21-18(3) 21-18(2) 21-18(1) 21-18( 4) 21-18(5) 21-12 21-17 (1)(e) 21-30 21-32 e CODE INDEX MOVING OF DWELLINGS. See: Buildings MUNICIPAL COURT Police court designated as same. See: Police Court MUNICIPAL SWIMMING POOLS Disorderly and indecent conduct ___m__mm_ __________________ See also: Indecency and Obscenity Enforcement of provisions __________________________________________________ Persons prohibited ____________________________________ Enforcement of provisions ________________m___m________m__________ Recreation, other. See: Parks, Playgrounds and Rec- reation Rules and regulations ____________________________________m____________ MUNICIPALITY. See: City MUSEUMS Licenses and license fees. See: Licenses, Certificates; Etc. e MUSIC MACHINES. See: Coin-Operated Machines and Devices Licenses and license fees. See: Licenses, Certifieates, Etc. N NARCOTICS Driving under influence. See: Traffie Vagrancy provisions. See: Vagrancy NATIONAL ELECTRICAL CODE. See: Electrical Code NATURAL GAS Franehises ___________m_____________ NEIGHBORHOOD CENTERS Neighborhood centers board Annual report __________________________________ 'Created ______________________________________________ Duties and powers _________ Membership; appointment and term _________________________ Organiz.ation ________________________________________ NIGHTCLUBS Food establishments. See that title e NITROGLYCERIN. See: Explosives NOISE Loudspeakers and sound trucks Hours of use regulated. See: Advertising Supp. No. 24 1908.1 Section 25-17 25-16 25-15 25-16 25-18 App.A 22A-5 22A-l 22A-4 22A-2 22A-S SALINA CODE NOISE-Cont'd. Mufflers on vehicles. See: Traffic Music machines. See: Coin-Operated Machines and De- vices Quiet zones. See: Traffic NONPOWDER PROPELLED GUNS. See: Firearms and Weapons NORTH CENTRAL REGIONAL PLANNING COMMIS- SION. See: Planning NOTES Investment of tempor&r7 idle funds. See: Finanees NOXIOUS FUMES. See: Air Pollution NUISANCES Air pollution. See that title Fireworka restrictions. See: Fireworka Gambling places, abating. See: Gambling Health nuiaanees, abatement. See: Health and Sanita- tion Housing standards. See: Housing Mobile homes and mobile home parks. See that title PJaee. wilen ...i_I. kept, eleaftli_ See: Animals aDd Fowl Trees and shrobbery constituting, abatement. See: Trees and Shrobbery Unhealthful stroctures. See: Health and Sanitation Vaults, cesspools, etc. See: Water and Sewers Weeds and brosh. See that title NUMBER Word usage in code o OATHS Administration. See various officers as indexed ConstnJed _______________________________________________________________----- -- ----- Officers and employees. See that title OBNOXIOUS GROWTHS. See: Weeds and Brosh OBSCENITY. See: Indecency and Obscenity OCCUPATION TAXES. See: Licenses, Certificates, Per- mits, Etc. Supp. No. 24 1908.2 Section 1-2(10) 1-2(11) e CODE INDEX OFFAL Transporting through streets. See: Streets and Side- walks OFFENSES. See also specific subjects Aiding and abetting ------------_______________ 23-2 Arrest procedures of police. See: Police Department Attempts -----------------------------______m________________ 23-8 Merger of attempt with completed offeue ______ 23-4 e e Supp. No. 24 1908.3 Section e CODE INDEX MOTOR VEHICLES-Cont'd. Inoperable vehicles. See that title Junk collector's license on vehicle. See: Junk and Junk Dealers Licenses and license fees. See: Licenses, Certificates, Etc. Private garbage haulers. See: Garbage and Trash Taxicabs. See that title Traffic. See that title Transportation of alcoholic beverages. See: Alcoholic Beverages Vehicle auctions at wholesale Licenses and license fees. See: Licenses, Certifi- cates, Etc. e e Supp. No. 21 1908.03 e CODE IND~X MOVING OF DWELLINGS. See: Buildings MUNICIPAL COURT Police court designated as same. See: Police Court Section MUNICIPAL SWIMMING POOLS Disorderly and indecent conduct __m______m_ _____________________ See also: Indecency and Obscenity Enforcement of provisions -------____u_______m________________ Persons prohibited _______________________________________ Enforcement of provisions ---_u___m____________m________ Recreation, other. See: Parks, Playgrounds and Rec- reation Rules and regulations __m_________________________________________ 25-17 25-16 25-15 25-16 25-18 MUNICIPALITY. See: City MUSEUMS Licenses and license fees. See: Licenses, Certificates, Etc. e MUSIC MACHINES. See: Coin-Operated Machines and Devices Licenses and license fees. See: Licenses, Certificates, Etc. N NARCOTICS Driving under influence. See: Traffic Vagrancy provisions. See: Vagrancy NATIONAL ELECTRICAL CODE. See: Electrical Code NATURAL GAS Franchises -------------------_______m________________________________ App.A NIGHTCLUBS Food establishments. See that title NITROGLYCERIN. See: Explosives NOISE Loudspeakers and sound trucks Hours of use regulated. See: Advertising Mufflers on vehicles. See: Traffic Music machines. See: Coin-Operated Machines and De- vices Quiet zones. See: Traffic e NONPOWDER PROPELLED GUNS. See: Firearms and Weapons Supp. No. 18 1908.1 SALINA CODE NORTH CENTRAL REGIONAL PLANNING COMMIS- SION. See: Planning NOTES Investment of temporary idle funds. See: Finances NOXIOUS FUMES. See: Air Pollution NUCLEAR ATTACK City-County civil defense. See that title NUISANCES Air pollution. See that title Fireworks restrictions. See: Fireworks Gambling places, abating. See: Gambling Health nuisances, abatement. See: Health and Sanita- tion Housing standards. See: Housinc PlacelI when pO....ala kept, elell.,1i-.. See: Animals and Fowl Trees and shrubbery constituting, abatement. See: Trees and Shrubbery Unhealthful structures. See: Health and Sanitation Vaults, cesspools, etc. See: Water and Sewers Weeds and brush. See that title NUMBER Word usage in code ------------------------------------------------------------ o OATHS Administration. See various officers as indexed Construed ________m_m_____m___________m__________m__________m__________ Officers and employees. See that title OBNOXIOUS GROWTHS. See: Weeds and Brush OBSCENITY. See: Indecency and Obscenity OCCUPATION TAXES. See: Licenses, Certificates, Per- mits, Etc. OFFAL Transporting through streets. See: Streets and Side- walks OFFENSES. See also specific subjects Aiding and abetting ___m__m_____m__________n___mn________n____________ Arrest procedures of police. See: Police Department Attempts ___________nn______________________________mm____________________n__m_ Merger of attempt with completed offense ___m_mn____ Supp. No. 18 1908.2 Section 1-2(10) 1-2(11) 23-2 23-3 23-4 e e e CODE INDEX OFFENSES-Cont'd. Bawdyhouses. See: Indecency and Obscenity Compounding or concealing an offense ____n___ Criminal trespass N otice ------------------------------------____m_______________n________mmn____ Prohibited n_____________m______m____m_________n__________"_________________ Definitions and construction of terms Provisions relative to _m___n____ _m___m____ __ _____m______m____ Inoperable vehicles. See that title Misdemeanors State laws relative to m_____________m____m______m____ Morals and decency, against _mm__mm_________ See also: Indecency and Obscenity Property, against -_____________m_____m___________________ _m_n___m__ OFFICERS AND EMPLOYEES Administrative departments. See: Departments of City Airport authority. See: Airports and Aircraft Appointments Recording. See: City Clerk Assaulting an officer ____mn__m__m____ ___m______________m_ Assistants' and employees Appointment, removal, authority m_____m_____________ Authority Delegation of authority, construed m____m____m__ Joint authority, construed._m___________mm______ Board of commissioners. See: City Commission Boards, committees and commis'sions. See that title Bonds Amount, schedule of m---___m______m__nn_____m.______m A pproval ----------n-------___________________________nm__m___________ Claims brought against public officials and em- ployees. See within this title that subject Conditioned as specified m_____m______________m_____.m_______ Existing bonds, status --------___________________nm Filing ------------------m---___________________m__mm____m___ Kept in force, required _________m____ ___m.___nm ___m_____nn__ Premiums, payments ____m_______________________________ __ _ _____________ Special conditions _nmm___m_______ Taking office, given prior to _m__n________m____m_____________ Types of -n-------m---___________m_______m___m______n____.m Building official. See: Buildings Cemetery employees. See: Cemeteries Charter ordinances relative to ___m__mm__ Chief of police. See: Police Department Citizenship and residency requirements City clerk. See that title City commission. See that title Supp. No. 21 1909 Section 23-44 23-16 23-15 23-1 23-1 23-68 et seq. 23-15 et seq. 23-43 2-44 1-2(6) 1-2(9) 2-50 2-51 2-49 2-54 2-51 2-52 2-53 2-50 2-48 2-51 Appendix F 2-45 SALINA CODE OFFICERS AND EMPLOYEES-Cont'd. City engineer. See: Service Department City manager. See that title City offices, providing for. See: City Commission Claims brought against public officials and employees Adjusting, settling or defending Security, indemnification and payment of certain expenses incurred in m__m__mn____m_nm__m____n__m Classified service Created __nm_____________m____n___________nm____mn______m_____n__________ Rules, regulations of _______n________mm_____________n___mm_m____ Clerk of police court. See: Police Court Compensation Longevity pay Charter ordinances relative to ______m___nn_n_______mn Payroll deductions ___m___m_n_m_______n__m___________________________ Providing for. See: City Commission Rules, regulations relative to classified service ---- Community relations commission. See that title Creation of other offices ____ _______n_____m______n__________m Departments of city Various duties, personnel specified, other matters. See: Departments of City Destruction of old records. See: Public Records Director of finance. See: Finances Director of human relations department. See: Equal Opportunity and Affirmative Action Discrimination. See: Equal Opportunity and Affirma- tive Action Elections. See that title Electrical inspector. See: Electrical Code Emergency leaves _______________n___________________________ ________n________ Equal opportunity and affirmative action. See that title Fire department. See that title Health officers. See: Health and Sanitation Holding more than one office _________m____ _______m__________ Holidays ________ ___________m__________________________________________________________n Hours of work __m__________________________________n______________n_ 1m persona tin g n____m_n_____________________________________ ------------------ ---- Police. See: Police Department Industrial development authority. See that title Inspectors Service department. See that title Instrument men. See: Service Department Leaves Emergency leaves _______n__m______________nn____n________ Supp. No. 21 1910 Section 2-54.1 2-61 2-62 Appendix F 2-63 2-61-2-63 2-42 2-60 2-43 2-58 2-55 23-151.1 2-60 e CODE INDEX OFFICERS AND EMPLOYEES-Cont'd. Holidays __________m______________________m_____________m - ---------------------- Sick I eave ______m___________m___________m___________________________m___ ------ V aca tions _____________________________m________m______m_____________________ Longevity pay. See within this title: Compensation Mayor. See that title Oath. See also specific officers, boards, etc. Defined m__________________________________m____________m__________m___ -------- F il in g m_m___________________________________m________ - m____m - __m__ - --- --- - ---- Form _____________________mm______m__mm________ --- ----- --------- - --- Section 2-58 2-59 2-57 1-2 (11) 2-47 2-47 e e Supp. No. 21 1910.1 e e e CODE INDEX OFFICERS AND EMPLOYEES-Cont'd. Required um_m_nm_____h__nnn Official bonds. See hereinabove: Bonds Parole officer. See that title Payroll deductions. See within this title: Compensa- tion Personnel records, maintenance Police department. See that title Process, refusal to execute Resisting Rodmen. See: Service Department Salaries. See within this title: Compensation Sick leave Sunday leave policies Superintendent of sanitary department. See: Garbage and Trash Superintendent of waterworks department. See: Water and Sewers Treasurer. See: City Treasurer Vacations OIL Draining in waterways. See: Water and Sewers OIL AND GAS DRILLING Bond or deposit m_u_____ Conveyance of oil out of city_ Equipment, removal Liability insurance nm_____._n__m_.mm_______nn_______ Permits Applicant must have right to drill mmnm Applications; contents _n.n_.m.__m.hnmn. Filing; fees _ ._mm.n.m.m.n_.m.n Denial Drilling in other places than specified in permit 'n Duration of nnnnnmn. Issuance .. nnn __00 nn..mmnn.U__..m.m._ Location specified nn___u__m...___...mm Other matters pertaining to permits. See: Licenses, Certificates, Permits, etc. Refund of fee, when.__ n.mm Requirednn . .mm. Revocation of n n . . m.. u____...mm..nm____m.u Termination of . ___nm__u __ __ . .___unuu Rights of landowners mnm__n_m________m.__.n__m_.._ Storage Fencing of excavations and slush ponds __.nUnnhn Fencing of storage facilities . .___m.mm_m...._nn Temporary nn.mm_mm..mm__ Supp. No. 18 1911 Seet:on 2-46 2-56 23-56 23-57 2-59 2-58 2-57 24-3 24-16 24-15 24-4 24-10 24-2 24-5 24-7 24-9 24-12 24-6 24-9 24-8 24-1 24-13 24-11 24-14 24-16 24-17 24-16 SALINA CODE OPEN SALOONS. See: Alcoholic Beverages Section OPERA HOUSES Licenses and license fees. See: Licenses, Certificates, Etc. OR,AND Terms construed --- 1-2(12) ORDERS AND DRAFTS Records, keeping. See: City Clerk ORDINANCES. See: Code of Ordinances ORGANIZATIONS General definitions applicable to - 1-2 OVERGROWTH. See: Weeds and Brush OVERPASSES AND UNDERPASSES General definitions applicable to streets and sidewalks 1-2 See also: Streets and Sidewalks OWNER Construed 1-2(13) P PALMISTS Licenses and license fees. See: Licenses, Certificates, Etc. PAPER JUNK DEALERS. See: Junk and Junk Dealers PAPERS. See: Public Records PARADES AND PROCESSIONS Licenses and license fees. See: Licenses, Certificates, Etc. Permits. See: Traffic PARKING House trailers. See: Trailers and Trailer Parks Off-street. See: Zoning Traffic. See that title PARKS, PLAYGROUNDS AND RECREATIONS Amusements. See that title Animals in parks ___m_um.._m.._._u....m__u..u.u.um...uum Animals trespassing on public ways. See: Animals and Fowl Charter ordinances .um.....mmm.mum....m.muu._.m..m_._ Comprehensive plan. See: Planning 25-2 App. F Supp. No. 18 1912 e e e CODE INDEX PARKS, PLAYGROUNDS AND RECREATION-Cont'd. Department Composition and personnel specified ......... . . . . . . General matters pertaining to departments of city. See: Departments of City Inoperable vehicles, definitions applicable. See: In- operable Vehicles Municipal swimming pools. See that title Park advisory board. See within this title: Salina Park Advisory Board Planning. See that title Plants, flowers, shrubs, etc. Animals causing damage to plants, shrubs, etc. .. Damaging, injuring, picking, etc. ................. Property, fixtures, etc. Damaging, tearing down, etc. . . . . . . .. . . . . . . . . . . . . . Refuse, offensive matter Depositing ..................................... Litter regulations generally. See: Garbage and Trash Rules and regulations Adoption and promulgation ...................... Violations, penalties ............................... Salina park advisory board Annual report .................................. Appointment, terms of members .................. Chairman and other officers ..................... C9mposition .................................... Duties and powers .............................. Established .' . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . Powers and duties ............................... Sunset park Hours closed to general public ................... Exceptions ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver of provisions; written approval required. . . Superintendent of parks Appointment, other matters. See: Service Depart- ment Generally ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . PAROLE OFFICER Appointment ..................................... Compensation .................................... Duties in general ................................. Police court. See that title Position created .................................. Prisons and prisoners. See that title Supp. No. 25 , :1913 Section 2-94 25-2 25-1 25-3 25-4 25-5 25-6 25-54 25-51 25-52 25-51 25-53 25-50 25-52 25-53 25-7 25-8 25-9 2-94(2) (c) 29-12 29-14 29-13 29-11 SALINA CODE PARTNERSHIPS Genetal definitions applicable to . . . . . . . . . . .. . . . . . . . . PAWNBROKERS Charter ordinance pertaining to licensing of, etc. .... Fees for licenses. See: Licenses, Certificates, Permits, Etc. PEDDLERS, CANVASSERS AND SOLICITORS Licenses and license fees. See: Licenses, Certificates, Etc. Residential premises I:nvi~ation required prior to entering ............ Sales ~rom vehicles on improved streets . . . . . . . . . . . . . . Suppression by police ............................. PEDESTRIANS. See: Traffic PEEPING TOMS. See: Indecency and Obscenity PENNANTS Temporary banners and pennants over streets. See: Buildings PENS AND ENCLOSURES Fences. See: Fences, Walls, Hedges and Enclosures Places where animals kept. See: Animals and Fowl PENSIO'NS AND RETIREMENT Fire department Charter ordinances .............................. Firemen's relief association. See that title Payroll deductions of officers, etc. See: Officers and Employees Police benefit fund. See: Police Department Police department Charter ordinances .............................. PERMITS. See: Licenses, Certificates, Permits, Etc. PERSON Construed ........................................ PERSONAL PROPERTY. See: Property PERSONNEL OF CITY. See: Officers and Employees PERVERSION. See: Indecency and Obscenity PEST CONTROL Dairy barns, requirements. See: Milk and Milk Prod- ucts Diseased trees and shrubs. See: Trees and Shrubbery Supp. No. 25 1914 Section 1-2 App. F 23-153(1) 23-155.1 23-152(2) App. F App. F 1-2(14) e e e CODE INDEX PEST CONTROL-Cont'd. Food vending machine regulations. See: Food Regula- tions Garbage and refuse storage. See: Garbage and Trash Housing standards. See: Housing Milk and milk products. See that title Places where animals kept, cleanliness. See: Animals and Fowl Refuse sanitation. See: Garbage and Trash Tree trimmer's and treater's license. See: Trees and Shrubbery Unhealthful structures, abatement. See: Health and Sanitation Vaults, cesspools and similar l'ltructures. See: Water and Sewers Weeds and brush. See that title Section PETIT LARCENY Committing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23-24 Supp. No. 25 1914.1 - e e CODE INDEX PETROLEUM Establishing limits of districts in which storage is re- stricted. See: Fire Prevention Oil and gas drilling. See that title PHONOGRAPHS Loudspeakers and sound truck licenses. See: Adver- tising Section PHOTOG~APHERS Licenses and license ft!es. See: Licenses, Certificates, Etc, PHOTOGRAPHY Microfilming public records. See: Public Records Obscene literature, etc. See: Indecency and Obscenity PHRENOLOGISTS Licenses and license fees. See: Licenses, Certificates, Etc. PHYSICALLY HANDICAPPED, DISCRIMINATION Equal opportunity and affirmative action. See that title PHYSICIANS Wounds, injuries to persons, reporting 23-154 PICKING POCKETS. See: Stealing PIGEONS Places where animals or fowl kept. See: Animals and Fowl PIMPS AND PROCURERS. See: Indecency and Obscen- ity PINBALL MACHINES Licenses and license fees. See: Licenses, Certificates, Etc. PISTOLS. See: Firearms and Weapons PITCH Boiling pitch or tar. See: Fire Prevention PLANNED DEVELOPMENT DISTRICTS Zoning. See that title PLANNING Application for zoning certificates, variances, etc. See also: Zoning Fees _______________________________________________ Supp. No. 22 27-1 1915 SALINA CODE PLANNING-Cont'd. Charter ordinances m_n____m_nh_h___n__h__h_m_______________n____ Commission Created ____ Membership _________ Powers and duties _________________________ Comprehensive plan Amendments and additions m__m__m_____________n______________ Annual review and recommendations _____________________ Approvals _m_____h_L__m________________________________________h___________ Improvements covered by m__m________h___m__mn_________ Authorization __n____nn_________ _________m______________m________ .m_ Consideration, recommendation m__m_________m__n hmmm Development of plan outside city ______m____m___h_h_m Existing master plan, continuation __________m____hnm Filing _ ._n__________m_______________mmh__m____nn_______m______ Final adoption _m_m______n m____._mm____hh______m_h_________m__.___ Improvements, approval ______mnn__mm____m_____h_______m__ Purposes ___m___________________m______m____m______mnh________mnm___ Referral ____nh________ ___m____________mnm___mn______m__m____n______ Rights-of-way and land.s, acquisition m_____nmn Scope and content mmnm_____m____.mn________nn___hhm___ Signatures, attestationm m____mhm_ n_n_______m_____m Surveys, studies m___'_ __m_m__m__._m___n_m__m_.. mmm____ Master plan. See within this title: Comprehensive Plan Metropolitan Planning Commission. See within this title: Commission North Central Regional Planning Commission Compensa tion __________m_______________________m_________n_____nm Created _____________________________________________________________ Meetings _._m___m__m__m_n_.h________.__m__n__h_m___._______________ Membership ________.___n_.______m________n_h___________________ Name of commission _________________m____________m_m__.__m___ Powers, functions and duties _______m_________h____h____h_____ Qualifications of members _m_m_____________mm_m_____m__ Rules for transaction of commission business ____.nm Separability of provisions n___________m______m____________ Term of members _h___________________________hh_____m_____________ Plats and subdivisions Improvements Providing for ______m________________________________m_______m____ Security in lieu of ____m_________________m______m______ Joint city-county regulations m_____m___m___________________ Plats Building permits Fees __..____________________________________________________. Unapproved subdivisions; recording unapproved plats ____._______________________________________________.__________ Supp. No. 22 1916 Section App.F 27-1 27-2 27-3 27-31 27-32 27-26 27-33 27-23 27-27 27-34 27-35 27-29 27-28 27-33 27-30 27-26 27-34 27-25 27 -29 27-24 27-93 27-91 27-94 27-92 27-91 27-95 27-92 27-96 27-97 27-92 27-50 27-51 27-52 27-67 27-66 e e e CODE INDEX PLANNING-Cont'd. Plats required Approval Deadline for ............................... Endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees ........................ ........... .... Building permit ............................... 'Disapproval, notice ........................... Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submission ................................... Regulation~ Approval 'and adoption ........................ Contents ..................................... Hearings and notice required ................. Improvements, providing for ................... Prior regulations, continuation ............... Scope ........................................ Regulations authorized .......................... Territorial jurisdiction .......................... Setback lines Authorization ................................... Effect ......................................... Enforcement .................................... Establishment .................................. Hearings and notice ............................. Map, filing .................................,.... Modifications .................................. Ordinan'ce, filing ................................ Prior setbacks, continuation ..................... Variances ...................................... PLATS Planning. See that title PLUMBERS Licenses and license fees. See: Licenses, Certificates, Etc. PLUMBING Apprentice plumber Defined .............. ," . . . . . . . . .. . . . . . . . . . . . . . . Administrative authority Board of appeals secretary. See within this title: Board of Appeals Board of examiners. See within this title: Plumbers Defined ......'................................ '. . Back water valves ................................ Bathroom lights, outlets and switches. See: Electrical Code Supp. No. 25 1917 Section 27~62 27-64 27-65 27-66 27-63 27-60 27-61 27-48, '27-54 27-49 27-47 27-50 . 27-53 27.49 27-46 27-46 27-78 27-78 27-79 27-78 27-82 27-80 27-81 27-80 27-83 27-81 9-206(4) 9-201 9-239.1 SALINA CODE PLUMBING-Cont'd. Board of appeals Administrative authority Secretary of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment, term of office ...................... Chairman of ................................... Created ........................................ Determination of appeals ........................ Membership .................................... Procedures ..................................... Quorum ..............................,.......... Records, reports of ..................;... '. . . . . . . Rules' authorized ................................ Board of examiners. See within this title: Plumbers Bonds Gas fitters requirements. See: Gas Plumbers. See within this title that subject Certificate of qualification. See within this title: Plumbers Code Adopt"ed ....................................... Amendment .................................... City codes, board of examiners to conduct examina- . tions on contents of. See: Mobile Home Crafts- men Exceptions to inspection requirement ............. Conflict of provisions .............................. Drainage Below curb and also below main sewer level ....... Floor drains Standards ...................................... Gas fitter's examination Required ....................................... Grease Draining in waterways. See: Water and Sewers Housing standards. See: Housing Insurance Gas fitter's requirements. See: Gas :Plumbers. See within this title that subject Journeyman plumber Defined ........................................ License Plumbers. See within this title that subject Procedures of city, generally. See: License, Certifi- 'cates, Permits, Etc. Master plumber Defined ........................................ Supp. No. 25 1918: Section 9-227 9-228 9-232 9-226 9-230 9-226 9"233 9-229 9-231 9-232 9-200 9-205.1 9-205.2 9-202 9-239.3 9-237 9-214 9-206(3) 9-206(2) e e e CODE INDEX PLUMBING-Cont'd. Permits Air conditioning permits. See: Water and Sewers Building permits in general. See: Buildings Sewer connection permits and fees ............... Work not requiring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plumbers Apprentice plumber Defined ...................................... Board of examiners Administrative authority, secretary of board .... Appointment, term of ......................... Duties enumerated ............................ .Membership of .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum ...................................... Bond Duration of .................................. Requirements ................................. Certificate of qualification Exemption from examination. . . . . . . . . . . . . . . . .. . Expiration, renewal ........................... Fees........................................ . Fees to accompany application ................. Forfeiture of fees for failure to appear ........ Issuance ..................................... License prerequisite to doing work ............ Registration of ............................... Required, exceptions ..... . . . . . . . . . . . . . . . . . . . . Transferability, misuse ........................ Definitions ..................................... Employing plumber or plumbing contractor Defined ...................................... Exemption from examination .................... Gas fitter's examination Required ..................................... Insurance Required ....................................... Journeyman plumber Defined ...................................... License . Deadline for renewal .......................... Expiration, renewal of ......................... Prerequisite to doing work ..................... Renewal procedure, fee ........................ Master plumber Defined ...................................... Potable water piping, size of ....................... Supp. No. 25 1919 Section 9-204 9-205 9-206( 4) 9-209 9-210 9-212 9-208 97211 9-224 9-223 .97217 9-219 9-216 9-213 9-215 9-216 9-218 9-218 9-207 9-222 9-206 9-206(1) 9-217 9-214 9-225 9-206(3) 9-221 9-219 9-218 9-219 9-206(2) 9c234 SALINA GOPE) PLUMBINGc-Cont'd. ProWllions C~lict of .....,. . . . . . . . ., . .. . . . . . . . . . . . . . . . . . . . San~tary tap fee Standard size ............................. '. ... . Sewer connections. See: Water and Sewers Dl'~inllge below curb and below main sewer level .. Pl>>'~its and fees .......................... .,. . . " Sbndards , Piping, connections, etc. . . . . . . . . . . . . . . . . . . . . .. .. .. Swi1!\mjng pool requirements.' See: Swimming Pools Trap"inJtallations .......................... '. . . . . . . Uniform :plumbing code ~dopted ....................................... Valves and fittings. . .. . .. . . . . . . . . . . . . . . . .. . . . . . ., . Vau,lts, cesspools prohibited. See: Water and Sewers POlSONOUS' ;SUBSTANCES Use \n fopd establishments. See: Food Regulations POLE.~, :WJRES, CONDUITS, ETC. Awnings, canopie~, !lnd marquees interfering with uti!, ities. See: Buildings Building moving operations. See: Buildings. See also: Streets and Sidewalks Certain districts, poles in . . . . . . . .. . . . .. . .. . . . . . . . . . Fires, removal of wires during. See: Electrical Code Franchises ....................................... Moving of dwellings,. bond requirements. See: Build- ings. See also: Streets and Sidewalks Obstructions and encroachments in streets. See: Streets and Sidewalks Overhead wiring, electrical code standards. See: Elec- trical Code Painting of utility poles ........................... Posting of advertising restricted. See: Advertising Service entrances to buildings. See: Electrical Code Setback lines, planning matters. See: Planning Street lights at railroad crossings. See: Streets and 13idewalks Trees, branches, etc. Trimming of ................................... Underground wires required, when ................. Underground wiring, code requirements. See: Electri- ,cat-Code Utilities. See that title Wires in streets prohibited. See: Streets and Side- walks Supp. No. 25 192.0' Section 9,20~ 8,238 9-239.3 9~204, 9"234 .9-239 9,200 9-239.2 30"8 App.E 30-7 30-10 30-9 e e e CODE INDEX POLICE COURT Bail, bondsmen, similar sureties Licensee Bail bonds, limitation on amount outstanding Courtroom, sitting in spectator section Courtroom, loitering in mu _mU__Ummu Entering police department without request n_ Legal advice, employment of attorney _______ Obtaining authorization for use of particular at- torney mumu____u____mumm_umumm_ Police department, loitering in Police department, soliciting business at Recommending particular attorney mu_ Sale or acquisition of property; notice UUn Limitation on amount of outstanding bail bonds Referral of business for compensation m_Unu_mmmuu Surety companies providing Agents or employees License required _______muuu ____m___mu__m___m__ Compensation, presumption of receiving License; requirements mu_ Applicant; fingerprinting _mn Application, contents, filing, etc. Limitation on amount of outstanding bail bond _n Denial; issuance; examination of applications Fees; rebate __m____u____ m____numu__ _mmmmmu List; fee schedule; posting____nm___m___ Revocation; grounds for _mu_ Suspension n_n______m_ Clerk Duties __n__ mn_m___u__u n__mmmmn Fees and costs _m__ __nnmmum__ n___m_mmm Position created, appointment Court costs m __mmn_mmum_ Judge Designated as municipal judge Municipal court Jurisdiction __mmmmuu___ Police court designated as Municipal judge Jurisdiction m_____m_____u__mum_um______ Police court judge designated as mm Parole officer. See that title Prisoners, working. See: Prisons and Prisoners Provisions Applicability to police court or judge and municipal court or judge ____ u__uuhmummu Supp. No. 10 1921 Section 29-39 29-34 29-32 29-30 29-33 29-36 29-32 29-31 29-35 29-38 29-39 29-37 29-22 29-21 29-20 29-24 29-23 29-39 29-25 29-26 29-29 29-27 29-28 29-6 29-1 29-5 29-19 29-16 29-17 29-15 29-17 29-16 29-18 SALINA CODE POLICE COURT-Cont'd. Search vvarrants Direction and command regarding Generally ~~m~~~~~m~~ mmnmmmn Stolen property or alcoholic beverages _m_ Surety companies providing bail bonds. See vvithin this title: Bail Bonds Witnesses _n_~~__mnm POLICE DEPARTMENT Arrests. See also that title Bail. See vvithin this title that subject Court in session, vvhen___n Court not in session ~m____mmm General authority to arrest and detain Povver of arrest in general nnn State lavv violations Assaulting an officer Bail Admission of persons. to Cash deposit in lieu of m__m__ n___m Fee on tendering or making ____ Officers accepting duties Record of m~___mm~~_~_~m_m m________m Return of cash deposit Chief of police and municipality, duties Fee on tendering __ Officers accepting, duties Records __mm____m__ Benefit fund Assets m __m__m___ ___~_~____mmmn Created m__~__nm_~_______ - Determination as to use m__ ____~ _ _m__ m__n~_nnm_ Payments authorized _m____ Pension matters in general. See: Pensions and Re- tirement Purpose Cash deposit. See vvithin this title: Bail Chief of police Duties in general n__~_~___~_~m~m___~~ ~~_~_n___nn Regulations, making __ __m_mnm__ Specific duties. See vvithin this title various subjects Civil disobedience provisions. See: Civil Disobedience Complaint Entitlement to Duties assigned by safety department. See: Safety Department False calls and reports to mm mnnmm____~~~_n Fire guard duties. See: Fire Department Hours of duty nn _m~_nm~m__ Supp. No. 10 1922 Section 29-4 29-2 29-3 29-1 28-12 28-13 28-18 28-11 28-16 23-43 28-13 28-14 28-22 28-21 28-19 28-15 28-20 28-22 28-21 28-19 28-34 28-33 28-36 28-37 28-35 28-2 28-5 28-17 23-54 28-9 e e e CODE INDEX POLICE DEPARTMENT-Cont'd. Impersonating an officer _____m_m___mm_m_m___m_____ Merchant or private policemen. See within this title that subject Officers of city in general. See: Officers and Em- ployees Manuals Issuance, amending, revlsmg, obedience --------------- Merchant or private policemen Bond requirement ------------------------ Business address Change of ------------------------------------------ Change in personnel ----------- Change of business addreslt ---------------------- Change of vehicles ------------------------- Definitions _________________________________ Firearms __________________________________________ Identification _______________________________ Insurance requirement ---------------------------- Licenses Application --___________________________________ Approval or disapproval of ------------------- Expiration ____________________________________________ Fees ______________________________________m_____________ Renewal ---_______________________________________________ Requirements for generally ---------------- Revocation or suspension _____________h___________ Transferring ___________________________________________ Marking of vehicles _______________________________________ Permits Application -----_____________________________________________ Approval or disapproval of -------------------- Expiration _________________________________________________ Fees ________________________________________________ Renewal _________________________________h____________________----- Requirements for generally ________h___________ Revocation or suspension ___m______________m_____ Transferring _______hm______m_________m______________________ Provisions Additional to other licenses or permits ------- Radio equipment in vehicles ________m__h________________ Red lights and sirens ------------------------------------------ Uniforms ______h________________________________________________ Unlawful acts ______________m__________________ Vehicles Change of _____________________________________________ Marking __________h_____________________________________ Supp. No. 20 1923 Section 23-55 28-6 28-65 28-64 28-62 28-64 28-63 28-48 28-60 28-58 28-57 28-50 28-52 28-53 (c) 28-53 28-53(b) 28-49 28-55 28-53 (e) 28-66 28-51 28-52 28-54(c) 28-54(a) 28-54(b) 28-49 28-55 28-54(e) 28-56 28-67 28-68 28-59 28-61 28-63 28-66 SAUNA CODE POUCE DEP ARTMENT-Cont'd. Radio equipment in -------________________________m_____________mu Red lights and sirens _____________________________________________ Officers Du ties in general __mm _m___m_______m___mm_________________________ Impersonating an officer. See - hereinabove that sub- ject Suspension of --m-___________________________________________m_____________m__ Uniform. See within this title that subject Personnel Specified -----________________m___m___m________ _______________________________ Prisons and prisoners. See that title Process Officer refusing to execute _m___________________________m_m___ Search warrants. See: Police Court Regulations, authority to make _________________________m___________ Resisting city officer ___mu_h_m______m_m_m_u___hhm____hm___ Safety department. See that title Shifts, supervision ----------m___n_________________________________m____m Uniforms Merchant or private policemen. See within this title that subject Property of city, to remain as __m___u_m_____________m__n_m Required ---------_____________m___m______m__m__m____ ________________ Witnesses for trials, etc. Persons corruptly influencing --____m____________m_m____m_m POUCE JUDGE Law department. See that title Police court. See that title POUCE POWERS Airport, over. See: Airports and Aircraft Jurisdiction. See that title POLLS. See: Elections POOLROOMS AND BILUARD PARLORS Amusements. See that title Billiards, shuffleboard, etc. See that title Licenses and license fees. See: Licenses, Certificates, Etc. PORNOGRAPHY. See: Indecency and Obscenity PRECEDING, FOLLOWING Terms construed ------__m_______________hm____________m_______________m___ PRECINCTS Elections. See that title SuPp. No. 20 1924 Section 28-67 28-68 28-4 28-3 28-1 23-56 28-5 23-57 28-10 28-8 28-7 23-58 1-2416) e CODE INDEX PRISONS AND PRISONERS Contraband, weapons, etc. Conveying into jail to aid escape __m___mumm________mm Officer permitting conveyance into jail _m________uuuu_ Corruptly influencing a witness for trials, etc. Escapes and rescues___ ________m____uu___________m_m__ ____u_m__m__ Attempting to rescue _________mm________m_m_________m__muuu__ Conveying instruments in jail to aid ________mm_____m____ Jail, aiding escape from ________m_ ___ __ m_m__________m____m__ Jail or custody, breaking _____mum___ -------------------- Secti on 23-47 23-52 23-58 23-45 23-46 23-47 23-48 23-51 e e Supp. No. 20 1924.1 e e e CODE INDEX PRISONS AND PRISONERS-Cont'd. Meals for prisoners ___________________ Parole officer. See that title Persons escaping from police officer, etc. Aiding ______mmmnmnn___________________________________ Police court. See that title Police provisions, other. See: Police Department Witnesses for trials, etc. Persons corruptly influencing Working prisoners Confinement, supervision of Credit against fines and costs Refusal to work _________________m__________m ______________ PRIVATE POLICE. See: Police Department PRIVIES Housing standards. See: Housing Sewer regulations. See: Water and Sewers PRODUCE. See: Fruit and Vegetable Produce PROPANE. See: Liquefied Petroleum Gas Section 29-10 23-49 23-50 23-58 29-8 29-7 29-9 PROPERTY City property, taking. See: Stealing Criminal trespass. See: Offenses Definitions of various terms applicable to ____ mnmnnm Equal opportunity and affirmative action. See that title Littering. See: Garbage and Trash Loitering. See also that title Malicious mischief and vandalism. See that title Park property, damaging. See: Parks, Playgrounds and Recreation Personal property, construed ______m_____m_____________ Police power extended to city property _m___m_m Posting of advertising on private property, etc. See: Advertising Real property Construed __________n ___________m___m____mnu _ 1-2 1-2(15) 1-10 PROSTITUTION Bawdy houses. See: Indecency and Obscenity PUBLIC ACCOMMODATIONS Unlawful public accommodation practices. See: Equal Opportunity and Affirmative Action PUBLIC CONTRACTS Equal opportunity and affirmative action. See that title Supp. No. 21 1925 1-2(18) SALINA CODE PUBLIC DANCES. See: Dancing and Dance Halls PUBLIC RECORDS Admissibility of records, etc. _mm_m_mnmnn__mm______mn City clerk, various duties. See: City Clerk Destruction Certain records unaffected by authority to destroy Commissioner's minutes relative to ______ __mmmmnmn Commissioners to review ______mm___m_mn____ m ____mmm_ Destruction of certain old records ______________ n_______________ Personnel records, maintenance. See: Officers and Employees Photographing, microfilming, etc. _____m______m_ Storage or destruction of records after ____m___mm_on Records of temporary investments. See: Finances System for treasurer's records, etc. See: City Treas- urer Treasurer's records, inspecting. See: Finances; see also: City Treasurer PUBLIC SERVICE CORPORATIONS. See: Utilities PUNGHBOARDS Gambling prohibitions. See: Gambling PURCHASING Bonds of contractors, licensees, etc. See: Bonds Contracts and agreements. See also that title Finances. See that title Records, destruction of. See: Public Records PYROTECHNIC DISPLAYS. See: Fireworks Q QUIET ZONES. See: Traffic R RABBITS Dyed or colored for sale, etc. See: Animals and Fowl RABIES Vaccination of dogs. See: Animals and Fowl RACIAL DISCRIMINATION Equal opportunity and affirmative action. See that title RADIOS Interference, creating _______nmnm ____________u___m___nu____m_m Supp. No. 21 1926 Section 2-143 2-3 2-4 2-4 2-2 2-5 2-6 23-155 e CODE INDEX RADIOS-Cont'd.Section Loudspeakers and sound truck licenses. See: Adver- tising Television antenna franchise ______mm________________________________App. E, Art. III TV and radio towers and antennae. See that title RAILROADS AND TRAINS Crossings Moving of buildings, precautions. See: Streets and Sidewalks Property Interfering with, damaging, etc. ________________________________ Traffic. See that title Trains Climbing, jumping onto, clinging to, etc. ________m___m___ 23-26 23-26 RATS Pest control. See that title e REAL PROPERTY. See: Property RECEIPTS Old records, destruction. See: Public Records RECORDS. See: Public Records RECREATION Amusements. See that title Parks. See: Parks, Playgrounds and Recreation REFRIGERATORS Abandoned iceboxes and similar containers. See that title REFUSE. See: Garbage and Trash REGISTRATION Certificates, various matters pertaining to. See: Li- censes, Certificates, Permits, etc. Elections. See that title REPEALING CLAUSE. See: Code of Ordinances REPUBLIC COUNTY North Central Regional Planning Commission. See: Planning RESTAURANTS Dogs entering public buildings. See: Animals and Fowl Food regulations. See that title e RETAINING WALLS. See: Fences, Walls, Hedges and Enclosures Supp. No. 24 1926.1 SALINA CODE RETIREMENT. See: Pensions and Retirement RIDING HORSES Places where animals kept. See: Animals and Fowl RIOTS City-county civil defense. See that title Civil disobedience. See that title Diaorderly conduct. See that title Inciting _________m________________________ Unlawful assemblies. See: Assemblies Supp. No. 24 1926.2 Section 23-112 e e . CODE INDEX ROADS General definitions applicable to streets and side- walks ___ See also: Streets and Sidewalks RODMEN Servdce department. See that title RUBBISH. See: Garbage and Trash RUSSIAN KNAPWEED. See: Weeds and Bl"l18h S SABOTAGE City-county civil defense. See that title SAFETY DEPARTMENT Building depalltment inspectors. See also: Buildinp Duties of _________________________ Fire department. See also that title Supervi&ion, duties of ________________ General matters pertaining to departments. See: De- partments of Oity Police depalltment. See also that title Supervision, duties of Purpose _____________________ SALARIES Compensation of officers and employees. See: Officers and Employees SALINA AIRPORT AUTHORITY. See: Airports and Aircraft SALINA AIRPORT ZONING COMMISSION. See: Air- port Zoning SALINA ARTS COMMISSION Appointment, term of members ________________________ Bylaws Adopting, effective, etc. _____________________n___________ Composition ________________________________________________ Cultural development Purpose of commission ___n___________________ Director of arts Position created, appointment, salary Duties and powers ________________________________________________________ Established __________________________________________________.___------ Membership, generally ___________________________._____________ Officers _______________________________________________________----..--------- Supp. No. 22 1927 Section 1-2 2-134 2-133 2-132 2-181. 2-197 2-198 2-197 2-196 2-200 2-199 2-196 2-197 2-198 SALINA CODE SALINA ARTS COMMISSION-Cont'd. Organization _________________________________________________________________ Powers and duties ___________________________m______________________________ SALINA, CITY OF. See: Oity SALOONS Alcoholic beverages. See that title SALT Restrictions regarding depositing on streets. See Streets and Sidewalks SANITARY SEWERS. See: Water and Sewers SANITATION. See: Health and Sanitation SCHILLING SUBDIVISION Subdivision. See that title Tax provisions. See: Taxation SCHOOLS Loitering on grounds of schools or institutions. See: Loitering Precincts, voting in territory outside city but in school districts. See: ElectioDS Trespassing. See :that title SCREENING STANDARDS Fences, walls, hedges and enclosures. See that title Planted screens. See: Buildings SECURITIES Investment of temporary idle funds. See: Finances SEGREGATION Community relations commission. See that tiltle SEPTIC TANKS V,aults, ces'spools prohiibted. See: Water and Sewers SERVICE DEPARTMENT City engineer, inspectors, rodmen, instrument men, etc. ____________.______ Qualifications, duties of ____ Composiltion and personnel specified ____ General matters per,taining to deparlments. See: De- partments of City Purpose _____________________________________ Street department, park department, refuse depart- ment Composition and personnel specified Supp. No. 22 1928 Section 2-198 2-199 2-94(2/ 2-116 2-94(2) 2-115 --2-94(2) (b)--(d) e e e CODE INDEX SERVICE DEPARTMENT-Cont'd. Superintendent 9f parks Duties in general Superintendent of refuse Appointment, duties in general -------------------______u Superintendent of streets Duties in general ------------------------------------__________u_____ Section 2-118 2-119 2-117 SETBACK LINES Map, etc. See: Planning SEVERABILITY CLAUSE. See: Code of Ordinances SEWERS. See: Water and Sewers SEX DISCRIMINATION Equal opportunity and affirmative action. See that title SEXUAL OFFENSES. See: Indecency and Obscenity SHEDS Places where animals kept regulated. See: Animals and Fowl SHELTER City-county civil defense. See that title SHOOTING GALLERY Licenses and license fees. See: Licenses, Certificates, Etc. SHOPLIFTING Engaging in -----mm_________________________________u______________..____u___ 23-29 Stealing. See also that title SHRUBBERY. See: Trees and Shrubbery SHUFFLEBOARDS. See: Billiards, Pool and Shuffle- boards Licenses and license fees. See: Licenses, Certificates, Etc. SICK LEAVE OfDicers and employees. See that ti,tle SIDEWALKS. See: Streets and Sidewalks SIGNS AND BILLBOARDS Advertising. See also that title Banners, pennants, etc., over streets. See: Buildings Building construction regulations. See: Buildings SuPp. No. 22 1928.1 e CODE INDEX SIGNS AND BILLBOARDS-Cont'd. Licenses and license fees. See: Licenses, Certificates, Etc. Traffic signs, etc. See: Traffic Zoning restrictions. See: Zoning Section SKATES Use on roadway. See: Traffic SKATING RINKS Licenses and license fees. See: Licenses, Certificates, Etc. SLAUGHTERHOUSES Places where animals kept. See: Animals and Fowl SLOT MACHINES Gambling apparatus, etc. See: Gambling SMOKE, DENSE. See: Air Pollution SNOW REMOVAL. See: Streets and Sidewalks e SNUFF Sniffing and spitting. See: Spitting SOLICITORS. See: Peddlers, Canvassers and Solicitors SOOT Escape of. See: Air Pollution SOUND TRUCKS Licenses, hours of use regulated. See: Advertising SOUTHWESTERN BELL TELEPHO~E FRANCHISE App. E, Art. IV SPITE FENCES. See: Fences, Wali~, Hedges and En- closures SPITTING Public places, in . ....unmmm...mm....m.u_mm.-.-- Tobacco products and other filth .. ..mm_ um_mmm_._m 23-156 23-157 STABLES Places where animals kept regula~ed. See: Animals and Fowl STAGNANT WATER Nuisance, declared. See: Health and Sanitation STAIRWAYS Protection. See: Streets and Sidewalks e STAMPS, TRADING. See: Trading Stamps Supp. No.6 1929 SALINA CODE S~ATE Defined --------------------------------------------------------------------------------- STATE LICENSES Alcoholic beverage licenses. See: Alcoholic Beverages STEALING City property, taking -mn___mn_mm____m__h_m__________m________ Criminal trespass. See: Offenses Embezzlement. See that title Fruit picking. See: Fruit Petit larceny. See that title Picking pockets --u--n-__mm_____u____nn_______m_mn_____n___m_____n Search warrant provisions. See: Police Court Shoplifting n___m___m --m____m___m___nmh Taking property from person nn-_mn_m_m_m______m_n_m__n Taking, using property of another temporarily STOLEN PROPERTY Conviction of principal unnecessary nn________m_mnhm___m_ Receiving _n_m_____m__m___ __mm__m_____nm__m_nm Search warrants. See: Police Court STREET WALKING. See: Indecency and Obscenity STREETS AND SIDEWALKS Alcoholic beverages Consumption on public streets and thoroughfares. See: Alcoholic Beverages Alleys Awnings projecting over. See: Buildings Animals, picketing or staking. See: Animals and Fowl Areaways, protection _mnm___m___m_n___m____ Awnings, canopies and marques. See: Buildings Barricades, warning devices Excavations. See within this title that subject Removing, interfering with ---nn_____m____mm_nm___mm__ Use of sidewalk or paving protected by nn_____m__mm__ Basements Permit to construct in or under certain public ways Protection of stairways, areaways ___n___m_____m__m___n___ Bench marks and grades Adoption ___m_n -____m__n_m__mnm__m_ Bench marks established, locations nn_m____m__m_ Contour maps _n mn__ _m______m_mn_____ m___nm__mm_Umn_m_ Driveways, recessed parking areas, curb cuts, etc. See within' this title: Driveways and Recessed Parking Areas Existing grades _u________m____ m-___m____nnhmm__nmh_m__m_ Supp. No.6 1930 Section 1-2(20) 23-30 23-25 23-29 23-25 23-31 23-28 23-27 32-12 32-9 32-10 32-11 32-12 32-24 32-23 32-24 32-24 e CODE INDEX STREETS AND 'SIDEW ALKS-Cont'd. New grades -------------__________m_____________ -----------------_______m_m__ Recording of grades -n---------m-_____________m________________m____ Bonds. See within this title various types of construc- tion work Boundary or grade markers Damaging, removing, etc. Building construction Barricades and warning devices. See within this ti- tle that subject Obstructions and encroachments. See within this ti- tle that subject Section 32-25 32-26 23-17 e e Supp. No.6 1930.1 e e e CODE INDEX STREETS AND SIDEW ALKS-Cont'd. Building moving. See within this title: Moving Build- ings Building numbering. See within this title: Numbering of Buildings Bulkheads Permit to construct in certain places _m______ n____n__nn Canopies. See hereinabove: Awnings, Canopies and Marquees Cellars Permit to construct in or under public ways Protection of stairways, areaways n_m_____nn__mn__ Charter ordinances m__m__"nm"__mnm__ Comprehensive plan. See: Planning Concrete work Bonds n______ --_m___m____m__m __ ____ _ __m Amount, terms of n____n___mn_m Permit prerequisites. See within this subtitle: Per- mits Required; approval _mm___n_nn__ Sufficiency of nmm___ ___nm__m___n _nmn___m____m__ Completion of work Notice; inspection; disapproval, etc. ____m__m_________n___ Contractors with city, exemption for __m______mhn Licenses Bonds ______nm_ --m--------___mm___m_n_mm___m___n__ Expiration _ ---_-m---m_n_____m____nm_______n__n___n Fee ___n_n___ ----m---_n-__n______n___m_____________n_______m____n__ Permit prerequisites. See within this subtitle: Permits Required ---n-_n__m__m_n_m_h_m_mn____m_n__ m_______ Revocation _on _ __________n --mm__m____m__m__________m_____mn___ Permits. See also within this title that subject Applications and fees ___mm____mn_____mm______________ Bond prerequisite to _________m_________________________.__.__ Fees ----------.-----------_____m__.._____.n__n_m____._________________ License prerequisite to n-m_____m_____m__m______n________ Required ---------_-m---mnn_m____n____n'___mn__m_n__n_ _m_____ Plans and specifications Adopted, filing, amendments mnmm_m__m____'_m_nn_m Compliance with --nn.---__mm_..._nm_m.._m___m__.__m___m__ Sewers and other utility installations. See within this title that subject Sidewalks General procedure -_______n____m m---___m_m_m_m_n_h__m_m Locations ______m._n__ _ m_m-_--____m_m__________n__m__m____n_____ Property owners, petition m__mh_m____mm___mn SuPp. No. 19 1931 Section 32-11 32-11 32-12 App. F 32-212 32-213 32-212 32-214 32-219 32-204 32-212 32-211 32-209 32-208 32-219 32-215 32-216 32-215 32-216 32-215 32-217 32-205 32-206 32-218 32-207 SALINA CODE STREETS AND SIDEW ALKS-Cont'd. Surfacing and resurfacing public ways. See within this title that subject Violations _m_m__m__m__m__m_m_mn ___n_nn_m_ Construction. See within this title various types Corner visibility. See within this title: Visibility at Intersections Corners Recessed parking areas near. See within this title: Driveways and Recessed Parking Areas Culverts Wooden construction ____n_mn_m ___m__mmmmn_m---- Curb cuts Permits. See within this title: Driveways and Re- cessed Parking Areas Curbs Filling stations ______nn_ -- Dead or diseased animals or offal Depositing dead animals or filth in streets Transporting through streets __:_nm. Driveways and recessed parking areas Bonds Amount, execution, approval of nn Discharge of ____ __m_m_mm_m _n_____m___ Forfeiture Required __ Business driveway approach Defined City contracts Duties of contractors under - Concrete work licenses. See within this title: Con- crete work Construction requirements Business approaches, paving ____n_________ Compliance ____ Distance between recessed and existing curb faces Driveway approach, grade of n__m_ Grade of recessed parking area Height above gutter flow line__ Liability of city construed - -- Obstructing street or drainage Protection of public Corner, defined Corners, near_ Curb parking space Defined ________mum__u Curb return, defined Supp. No. 19 1932 Section 32-220 32-2 32-7 32-6 32-5 32-128 32-127 32-126 32-125 32-116(1) 32-134 32-142 32-141 32-146 32-143 32-147 32-144 32-145 32-144 32-145 32-116(2) 32-155 32-116(3) 32-116(4) e e e CODE INDEX STREETS AND SIDEW ALKS-Cont'd. Definitions Driveway approach, defined u Driveway approaches prohibited Driveway, defined _______ m__m_________m_ __m___m___mUUn Places u__ m_m__u___ mm________________uu __________________ Existing regulations _u __mUUmu___ _u__uu__n_________mu Grades _____mu__m___ mm__________u__ Maintenance ___u______ --__________uu______________u_______ _m_____U__nUU Outside sidewalk line, defined ___mu__ Parcel of land, defined ____mu_Um_u__u Permits for curb cuts Applications Content __mm___________ ______________u__________ Filing _______________ -_________u__________m____u Required __ ______m______________u ____m_________u Bonds. See also within this subtitle that sub- ject Amount, execution, approval ____m______m Issuance --------_______u__________m__m_____________________________ Required __ --u----------u--u--_mu__________u_uu_____u___uuu______ Revocation ___u___________u_____________ u_ _ u ______ ___u Work completion, time limits _n Recessed parking area Defined Prohibited, places Removal and reconstruction -_____________m____________ Resid"nt driveway approach, defined _ ___U___m________mu Surfacing and resurfacing public ways. See within this title that subject Violations ______________ Width and location Driveway approaches ___ Near corners _.m __uu_____ Parking spaces, number Wooden runways _ Work Supervision, rules and regulations Zoning restrictions _______ muu___m______ Encroachments. See within this title: Obstructions and Encroachments Awnings, canopies and marquees. See: Buildings Excavations Barricades, warning devices. See also within this title that subject Responsibility ____ Safety precautions u 1933 Section 32-116 32-116(6) 32-116(5) 32-129 32-132 32-154 32-133 32-116(7) 32-116(8) 32-119 32-120 32-118 32-128 32-121 32-117 32-122,32-123 32-124 32-116(9) 32-130 32-133 32-116(10) 32-135 32-156 32-155 32-157 32-2 32-131 32-130 32-253 32-239 SALINA CODE STREETS AND SIDEW ALKS-Cont'd. Bonds Amount, terms of m~nm~~~~_______~_~mm ~_~____m___~n____nn~_ Cancellation n__n__n__u___mn__n___~_____________h_n__________________n Required _ n_~___m__mm~mnm_m___ n_m_n_mnnm__~m____~nn Charges for refilling, schedule ___ - n___~__m__m_m_ City engineer, obedience to ___um___________m__m_____ Concrete work. See within this title that subject Deposit for cost of refilling nn____n___~nnn__nnn Filling, repair done by city m_nnnnnn______ Jurisdiction ~_u_nm nnnn___~______________nh_h_______________h__hh Liability hn____nu_~__n n__mn_______nnhn____________________h______hh__ Material, manner of excavating and filling - Monies received by city, disposition _on ~____n_m_~n Notice when ready for refilling Permits Applications Approval, filing of _m ~nn_mnhh___~__um_nnnmn Required nn______m__mn_________~hh __m____h____n___~__ Required _n _____m_n____mm___m__ Plans, specifications hn n_hm~mon_ Public service corporations Special provisions for hn___h__________h____h__h__Uhh___________ Sewers and other utility installations. See within this title that subject Street being paved, requirements when _________________n___ Street department, orders, etc. nm__m______n______m___ Violations __hn____~__O _________~nhh____h~__n_h_____h__mh____n__n__~___n Fences, walls, hedges and enclosures. See also that title Visibility at intersections. See within this title that subject Filling station Curb, at ~ Gasoline sales on streets, etc. See: Fire Preven- tion Fires, burning of trash, etc. on streets. See: Fire Pre- vention Franchises. See that title Garbage, burning, littering, other regulations. See: Garbage and Trash Gasoline filling stations. See within this title: Fill- ing Stations Gasoline, sale on streets. See: Fire Prevention Gutter flow line Driveway construction. See within this title: Drive- ways and Recessed Parking Areas 1934 Section 32-250 32-251 32-250 32-252 32-267 32-252 32-253 32-257 32-259 32-262 32-260 32-256 32-249 32-248 32-247 32-266 32-255 32-261 32-256, 32-257 32-268 32-7 e e e CODE INDEX STREETS AND SIDEW ALKS-Cont'd. Hedges along streets, alleys, etc. See: Fences, Walls, Hedges and Enclosures House and street numbers Damaging, removing ____u__uuum____u_mh_m___m_________u_u_ House moving. See within this title: Moving Build- ings House numbering. See within this title: Numbering of Buildings Ice. See within this title: Snow and Ice on Side- walks Improved streets Sales from vehicles restricted 0000 Intersections Visibility. See within this title: Visibility at Inter- sections Licenses Concrete work in streets and public ground. See within this title: Concrete Work Maps. See also that title Contour maps m_hum____mm_h__m_________ ___mh_______________u___ Bench marks or grades. See within this title that subject Marquees. See hereinabove: Awnings, Canopies and Marquees Merchandise Temporary storage on streets nn_____hn____ Moving buildings Bond requirements ____Uh_____n Certain streets, moving on _____n Curb line, extending over ___00 Height of buildings m_U_Uh_______n Notice to building inspector Permits Applications Approval ________m__hU_______u_____ ____u___________m__ Contents u--mu___m______m________m___um_h_mum_______________ Approval of route u__m_ n___m____m___U__hmu____________m_ Bond requirements --h---------_h_m__u___hm_u_mm_mn_____ Duration of m-mm--------_uum______h_U___u__m__m_____mu___ Fee -h---u---mh----hhhU_________h____________hum__m______u___mm_ Additional, when m-h-m--m___u_m__u_m_m___m______hhUh Issuance -------u-u-mu----_mm__um__h_____m___mh___m___hm__u N otice --u----u-----u---m____m_______uhm______m_____h____m__hhm_ Required -u----mu--------_h__m___m__m____m__h____h_U___u______m_ Special for certain places u-------u_m__u_u___mm_m____hu Planking required -h----mumu____m________mm_m___m__u Precautions at night _m_ --_______nmum___mn__m____m Supp_ No_ 1 1935 Section 23-18 23-155.1 32-24 32-39 32-77 32-81 32-84 32-79 32-78 32-72 32-71 32-73 32-77 32-76 32-74 32-75 32-76 32-78 32-70 32-81 32-85 32-83 SALINA CODE STREETS AND SIDEW ALKS-Cont'd. Precautions when building left in street m______mmm_ Railroad tracks, crossing ______m___m__ Route Approval ______________ ____m_mm________m_m_____m__m___ Special permits _____mmm____mmm___m_m_____________mm_ Time limitations on leaving building stand mm.______ Tree trimming __.mm_m___m_m_________m____ _______________mm_____ Utility wires, other structures, removal ___ _______mnmm Violations __n_m________ _____n_______ _n_m__m_m______m____ Numbering of buildings Assignment of numbers _______m____ ___m_____m___ Compliance, required m ------------------ Damaging, removing numbers ______mmm____mmm____ Displaying numbers mmm ____ _________n____m_m____m_m Distance allowed for each number _m__m__h __m_h_m_____ Even and odd numbers ____________ __________mm__ Size, dimensions of figures _____m_m ____________m____ Starting points ______m___m_mmm_____ ____m_____mm Obstructions and encroachments Aesthetic purposes Use of public property for nn______m____n Barbed wire fences, other fences. See: Fences, Walls, Hedges and Enclosures Barricades, warning devices. See within this title that subject Basement. See within this title that subject Building construction, in course of m_n Bulkheads. See within this title that subject Cellars. See within this title that subject Curb filling stations. See within this title: Filling Stations Excavations. See within this title that subject Notice and removal _mmm____n__mummmm__________ Prohibited _________________u_m_________ ____mm_mmm_______ Rod or stake, driving through pavement m__m__m_______n Temporary while receiving, shipping merchandise, etc. _m______ _ n_mm__________ Traffic. See also that title Visibility at intersections. See within this title that subject Wires, cable, etc. in streets _ n_m___m__m__m Removal, nuisance declared, etc. ____________n__m________m Utility poles, etc. See: Poles and Wires Offal. See within this title: Dead or Diseased Animals or Offal Off-street parking and loading. See: Zoning Oil, grease, etc. Draining into sewers. See: Water and Sewers Supp. No.1 1936 Section 32-82 32-88 32-73 32-81 32-87 32-86 32-80 32-89 32-104 32-100 23-18 32-105 32-102 32-102 32-103 32-101 32-41 32-40 32-38 32-37 32-8 32-39 32-42 32-43 e e e CODE INDEX STREETS AND SIDEW ALKS-Cont'd. Open fires on streets. See: Fire Prevention Parking regulations. See: Traffic Pavement Excavations in. See within this title: Excavations Rod or stake, driven through n__m__u__mum_____ Salt water on ______n_________mn_m___ n__mn____mm____ Sewer installation ahead of. See within this title: Sewers and other Utility Installations Surfacing and resurfacing public ways. See within this title that subject Permits. See also within this title various types as required Certain construction in, under streets and other pub- lic ways ------n-----------m--___m__________m____m_m_mm___nm_ Construction permits for buildings, various purposes. See: Buildings Driveways and recessed parking areas. See within this title that subject Fences, walls, hedges and enclosures. See that title Surfacing and resurfacing public ways. See within this title that subject Plans and specifications. See within this title various types of construction Poles, wires, conduits, etc. See also that title Projecting signs. See: Buildings Public ground Concrete work. See within this title that subject Qualification of workmen m-m_____mm___m___nnn Railroad crossings. See also: Railroads and Trains Construction Generally _ _ m___n____ nm___m_______m Waiver of requirements m Moving buildings over crossings. See within this title: Moving Buildings Street lights Assessment of costs _ Burning, time for __m Failure to install __n__u Installation by city Installation in general _n___m______ n__n_____n____ Necessity declared _nn____nm_____m Required ___nnn________ ___mm__m__ _m____m__m_____ Type n_______________nu __mm_________mn Recessed parking areas. See within this title: Drive- ways and Recessed Parking Areas. Refuse, dumping u-____m____m_____u____mnn_____m__m Similar provisions. See: Garbage and Trash 1937 Section 32-11 32-264 32-279 32-281 32-290 32-291 32-290 32-290 32-289 32-286 32-287 32-288 32-4 32-8 32-2 SALINA CODE STREETS AND SInEW ALKS-Cont'd. Restored surface, condition of m___umu_mm_ _mm__uuuu_u Runways, made of wood _m _mmm__m__ ___m_nn_m_m_m_ Salt water Pavement, depositing on __________m_u___n nnmmmum___nnn Setback lines Planning. See that title Sewers and other utility installations Certification, collection of assessments Compliance with other provisions mum_ Construction after deadline m_ ________mm____m_ Duty to lay, when __mm___m__ ___um__mn Laying by city Assessment of costs Notice by city Required m_ _____nm________m__mmmmn__un__ Permits, licenses, bonds. See within this title vari- ous applicable subjects Poles and wires. See that title; see also within this title various applicable subjects Sidewalks Animals trespassing regulated. See: Animals and Fowl Driveways and recessed parking areas. See within this title that subject Excavations. See within this title that subject General definitions ____n___um_m__ Snow and ice on sidewalks. See within this title that Sllbject Snow and ice on sidewalks Duty to remove _ ______n_mm ___m__mnm_mm_nn Failure to remove _____m__n_m__m____nn_____ Nuisance declared Removal by city and assessment of costs Salt water on pavement Stairways Protection of Street General definitions _______mu___ Street lights Railroad crossings. See within this title that sub- ject Superintendent of streets Duties, other matters. See: Service Department Surfacing and resurfacing public ways Bonds Amount, execution, approval ____n_____m_ ___nnn___mn___m Discharge of __ ____m_mn_umn_mnun ______um__mm_______mu 1938 Section 32-263 32-2 32-3 32-234 32-236 32-235 32-231 32-233 32-232 1-2(19) 32-303 32-304 32-302 32-305 32-3 32-12 1-2 (21) 32-178 32-177 e e e oonE INDEX STREETS AND SIDEW ALKS-Corit'd. Forfeiture '. . . ';" . ..' . ; . . . . . . . . . ., . . . . . . . . . . . . . . . Required ..................................;.. Terms ................... ............ ~........ Completion of work Deadline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . Definitions .....................;............... Existing platlSispecifications ............. 0 . . . . . Permits. See also within this title that subject Applications Contents ................................... Filing. .. . . . . . . . . .. ; . .'. .. .. . . . . ... . . . .. . . . . . Required ........... ..... .... . . . . . . . . . . . . . .. . . Issuance ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prerequisites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Required .................. '. . . . . . . . . . . . . . . . . . . Re.vocation ................................... Supervision of work Rules, regulations authorized ................. Violations ...................................... Temporary banners and pennants over. See: Build- ings Traffic. See that title Trees and shrubbery. See also that title Trimming during building moving operations. See wi.thin ihistitle: Moving Buildings Trespassing Animals on sidewalks. See: Animals and Fowl Utility installations. See within this title: Sewer and other Utility Installations Vehicle Sales from ..................................... Vehicles spilling loads Generally ............;... c.'. . . . . . . .'. . . . . . . . . . . . . Littering, similar regulations. See: Traffic Violations. See also within this title various offenses Visibility at intersections Exceptions ..........'. .', . , . . .. . . . .. . . . . .. . . . . . . .. . Notice, removal by property owner. . . . . . . .. . . . . . . Obstructions and encroachments. See within this title that subject Poles and wires. See that title Preexisting violations ........................... Prohibited ............. '0.:0 '. : . , .. . :. . ..., '0 . . .' . 0 . .'. Removal by city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trees and shrubbery. See also that title. Trees, fences, walls, hedges, etc., 'a.ii to .......... Supp, No. 25 1989 Section 32-176 32~175 32-175 32-182 32-169 32-184 32-173 32-174 32~ 172 32-179 32-171 32-170 32-180, 32~181 32~183 32~185 23-155.1 32-1 3'2-56 32-58 . 32-57 .32-55 32~59 32.;56 S4,LiINA ceDE STREETS AND SIDEW ALKS-Cont'd. WaTIling devices. See within this title: Barricades, Warning Devices Wa.ter and sewers. See also that title Sewers and other utility installations. See within t~is title that subject Weeds and blush. Spe that title Wires in streets. See within this title: Obstructions and Encroachments Wooden construction ............................,. Zoning, See also that title Recessed parking areas. See within this title: Drive- ways and Recessed Parking Areas SUBDIVISIONS (APPENDIX B) Comprehensive plan. See: Planning Definitions; words and phrases...................,. Design standards .................................. Final plats Generally ....................................... Jurisdiction, authority, purpose of provisions .... . . . . . Planning. See that title Preliminary plats Generally ............................."......... Procedures, outlined ... '.' .. . . . . . . . . . . . . . . . . . . . . . . . . . Schilling subdivision tax provisions. See: . Taxation Variances and implements. . . . . . . . . . . . .. .. . . . . . . . . . . SUNDAYS Dances on Sunday. See : Dancing and Dance Halls Leave policies of city employees. See: Officers and Employees SUNSET .PARK Parks, playgrounds and recreation. See that title SUPERINTENDENT OF PARKS. See: Parks, Play- grounds and Recreation . SUPERINTENDENT OF WATERWORKS. See: Water and Sewers SURETY Bonds. See that title SURETYCOMP ANIES Bail, bonds, providing. See: Police Court SURVEYS Comprehensive plan. See: Planning StiPP. No. 25 l-940 Section 32.2 II VI V I IV III VII e CODE INDEX SWEAR OR SWORN. See: Oath SWIMMING POOLS Municipal. See: Municipal Swimming Pools Section SWIMMING POOLS (Private) Backflow protection .............................. 25-37 Construction ...................................... 25-33 Current carrying conductors, location ............... 25-42 e Supp. No. 25 e 1940.1 e e e CODE INDEX SWIMMING POOLS (Private)-Cont'd. Definitions _ ------hhm.-.----______..__m...__m.hmmm_____hmhm.__..___ Design 'm._h.. -m.hh.--m..hhh._h._...hmm..___hh_mh...hh_._h._... Discharge system ...m..hm-h--_...m_._.__m__h__..h__.....h.hh__hm. Electrical code, compliance .h....m.h._h_.hm.h__...hhhm....__ Enclosure of pool hhh.h-h"hh___hh'm_h__hhmh.hh','hh...h'.h.. Existing pools ..--h.h-.---h..h--..hh._h_...._hhhh__.h.....h........h._h Fences, railings, etc. Grounding ..m.h___m '_m_ m_.mh .---..h._hhhh__.h..mh...h_._____._ Grounding requirements .h.-..m-.hh.h.mh.h...h.h.__h_h.___m__ Lighting facilities .mhhhh.m..mhh.m__m__.__.__h_...h_h__h._ Location of pool .-m...hh----.nh..h.hmh_..h_......h..._.h._hh_.h_ Maintenance 00__ ___ __.._ -h..m--_m.._hh..h._h._.____.............__..___..h. Materials Application _h__ ___h___oo ---mh.h.ommhmh__h___h_..h_"m_hh__ Easily cleaned, requirement ._h.__h____h_h_m__._.hh___.h.mm Plans .- --.-.hm-.h-...hmmm.hh..mhh.._hm.hm_.___._.m_h_..._h._h Required .h---.h..m..m_mh_.mh.....h_h...hh.h_hm_._m.h.__h_ _._ Waterproof construction required mmmm__h"__h._hhhh Plans -.h.--.hh..___...hh...___....h_n.._n....h_h_. _h.h._._ _._.m___......h._._ Plumbing code, compliance h..m..__m_oo__m___.____n____hmh___m Recirculation, filteration systems Required n.n_..h_n.hh__.____nh._m.._h..__hm_ _h_""__ hh.n___.m..h Safety equipment .---.-..--hhm.h....._.n.....__._oo._m.hhh__.__h..h._ Water supply ...--..h-h..h-.hm.hh.._h.__.h.._.___hm_hhh.._..___h_h.h SWINE Places where animals kept. See: Animals and Fowl T TAR Boiling pitch or tar. See: Fire Prevention TAXATION Ad valorem taxes Use of earnings from investments. See: Finances Investment of temporary idle funds. See: Finances Library, budget and tax levies. See: Libraries Licenses, certificates, permits, etc. See that title Schilling subdivision property .hm.....mh.m_..._.__h...._....._ Transient guest tax Collection .-.----------.-h---_._h_______._m__._m_.h_hm_m_._ Convention and tourism committee Established; membership; terms; duties h.__._._m___ Levied ----------.-----.----.--------m______m__m____________m_ Revenues used to promote conventions and tourism TAXICABS Cruising h._._hmh_._.h_ ..-..nm.....-._____..hh..n.h_m.__..m_m_.m...._. Supp. No. 24 1941 Section 25-29 25-33 25-38 25-41 25-45 25-47 25-43 25-43 25-40 25-44 25-35 25-31 25-32 25-31 25-30 25-32 25-31 25-39 25-34 25-46 25-36 17-10 32A-12 32A-13 32A-ll 32A-13 34-65 SALINA CODE T AXICABS-Cont'd. Definitions ____________n_______m_________m__________________n_n_m_n____m_m_ Scope of certain terms m___m__m______m___m______mm____nnm Doors, knobs and handles on m__m_________m__m..______________m__ Drivers' licenses. See within this title: Licenses (Driv- ers) Fares and rates Charging for certain time m_______m_m_______m________m_n____ Established _ _n_m__ ______ ___m__m_________n_________mn____m_______n Filing and posting ________n______________________________.___________ Refusal to pay fare _mnm____m__________m_____________m______m___ Violations regarding m_m___mm_m__________n______________m__m__ Funerals, weddings, etc. Exemption from provisions ___mm__m_________m_____n__m_nn Handles. See within this title: Knobs or Handles on Doors Illegal purposes Using taxicab for __n_m____________________m___m________m__m___m Inspection of vehicles ______m______________________m______________________ Fees m_ __________n_____________ _______m__________m_ n____m___________n__________ Inspections Licenses. See within this title that subject Meters. See within this title: Taximeters Insurance _____n___________n_____n__________n__________________________m______ Knobs or handles on doors __________m____m_________________________m_ Liability ____ __________________________________________________________________n_____ Licenses and license fees. See also: Licenses, Certifi- cates, Etc. Application Approval _________ ____m__m_________m______________________________________ Contents ____ ______ __________m____________mm_________________________m_ Required ____n__________________m_______________m________m___m____n_----- Residency of licensee n_m_______m____________________________________ S igning _________m__m__m___m___m___________________________ ------ Driving without or improper license -------------------------- Fees _______m_____________________n_________________________________n____ Identification _________________________________________________n__ Identification of interested parties _________n____n_________ Inspection of ____ ______ ______m_________________________________oo_m__nn Insurance ______________________________00___00___________________--- Issuance _____.____________.______________ Plate, other requirements. See: Vehicles for Hire Posting _m________________m_________n_____n_____n________n________--- Register of m___m____m______________mn_____________m__m________n Required nm____________________n_____________n_m___________m____m__m Revocation and/or suspension A uthoi"ization ______________m_____m_____________________________ Supp. No. 24 1942 Section 34-39 34-40 34-62(2) 34-76 34-68 34-68 34-78 34-70 34-41 34-80,34-81 34-53 34-54 34-52 34-62(2) 34-52 34-51, 34-55 34-44 34-44 34-45 34-48 34-50 84-57 34-61 34-48 84-61 34-52 34-51, 34-55 34-61 34-56 34-43 34-58 e CODE INDEX TAXICABS-Cont'd. Unfit vehicles _______________________________________m______m_ Vehicle and drivers license for violations m___m___m Signature _m_____________m_________m_____h_________m_________m_ Term, duration of _____m______m____h_________m______m___m________ Title certificate required __n___mmn_mm_______m____m______ Section 34-53 34-59 34-61 34-57 34-46 e e Supp. No. 24 1942.1 e e e CODE INDEX TAXI CABS-Cont'd. Transf era bility ~~~m~ - nn ~n~ ~~~~ n_ n~_ _ ~ _ _ ~~~~--~--~~~~~~~h nn~~~~~__~__~_ Vehicles covered by h~nh~~~~~_~___~nn ~nm_~~~~~_~m_~~_~_~_________~__~ Vehicles for hire, other. See: Vehicles for Hire Vehicular requirements for posting, etc. ~ ~~~mh_~_~~n___ Licenses (Drivers) Ability to drive, examination for ~ ~~~n~hh~n~_ ~~~n__________~ Age, residence of applicant n~~-~-~~_~~hh~~~~_~n ~~nh~nh~___n_ Applications Approval ~m~~ ~nmn -~~ ~_~_ n~~ n~~~~ _~ h~_ ~n~ ~h~~_~_ ~n_ n~_ __~nh~ ~~_~h Conte n t ~ ~ ~ - ~ ~ ~ ~~ _ m~ ~~~_ ~~ ~h_~ ~h_ _~__h~ ~ _~~_ _~~ _ h~~ _~h ~~ ~~ ~ ~ ~~ h_~ _~_~ ~~~_~_ Required ~-~ n--~nh_~_n_____~___~_n_h___~__ -__hn__ ______ -~--___n__m__ City geography, examination reg-arding -----n__n_____m__ Criminal record of applicant Investigation, report regarding' -h----m__nn_n___n__~____ Licensing of persons with ____on ----n-~-m-~-______nh_nn____ Examination and fee nn----------nh_n.____n__h__________n___________ Expiration, renewal m__n_n____________________________~_ ----n_____hh___ Fees Refunds, prorating ---h-~---n--~----n--n-n__________n_hnn__n___ Identification badges ----------h---h-nn--_n____h___m__hh___n____ Display of --- -------n--n--~-------n--~--m__n_____n___n____m______h__ Duplication of - ___h_ _n_____ _nmn _n__nnh_ ----__~nn_______~__~______ ReqUired -----~-- ~_~_____ _n_____ ____ _h_h__h_ ----h--h__h_____~_________n~__ Investigation, report on crimina! record of appli- cant --~~nnmhm__ -________~__ .nn_____~ _~_ __ -h~------___n_____________n__ Issuance -- -- - _ ---- ---- -- -_ _nmn______ __h_____ _ ~____n_ ________ ---n__n__h___ 0.__ Required _ -n---nn----------m____________________mn________h___ Revocation and/or suspension Appeals --------------_____n___ _0.___0._ .---h-nnhm_~__h_____n_h___ Au thoriza tion "~----__ ___m_____ ________~ _. _~ --mnhh_____ ~___ -nn___h__ Eligibility for new license after --~n-~--h___nn~_____~n_____ Grounds -.. -- _nh_~_ -~-- -------n---------____n_h_nh ________ --h_h___n ______ License taken up upon -----_____n_ --nnh___n_m_nn___________ Reports regarding -~------____n__n______________________________________ Traffic law knowledge Examination, report on -n---n---------nm______n__h_______h__ Tran sf era bili ty -_____m__ __________________ _ ____________________________ U nfi t persons -------- ____ ____ ____ ______ --h------n___n__nhhh~______________ Liquor Using cab to transport n-----nh---__h_n_____n___nnm______________ Maintenance of vehicles --nmh_____n____ ---h---__nnnn_______________ Manager Appointment -----~--~-~-n-------________________h_____________________n__n____ Name, filing ---mh___n_______h__ _____________________________________________ Meters. See within this title: Taximeters Operator, defined ___ ~--n------n-_________nn_______h__________________________ SuPP. No.6 1943 Section 34-49 34-47 34-62 34-93 34-90 34-94 34-88 34-88 34-93 34-91 34-92 34-89 34-96 34-97 34-98 34-99 34-101 34-98 34-91 34-94 34-87 34-106 34-103 34-105 34-102,34-108 34-104 34-104 34-93 34-100 34-95 34-81 34-53 34-63 84-63 84-40 SALINA CODE TAXICABS-Cont'd. Owner Arrangements considered single firm or owner ---------- Defined - ------------------------------- ----------------------------------------------- Manager. See within this title that subject Passengers Cruising, soliciting ____________ ---------- - ___nn -------------------------- Fares. See within this title: Fares and Rates Immoral purposes, use, permitting use of cab for, etc. -- --- ------------ ----------------------- -------- ---------------------------- Intermediate pickups without consent ------------------------ N umber 1 imi ta ti 0 n ------------------------------------------------------------ R~fusal to pay fare. See within this title: Fares and Rates Pool cab service A pplica ble provisions ________ _________ __________________________n______ Availability of _______n_____ ----------------------------------- Defined ---------------------------------- Fares , rates ------------------- ---------------------------------------------- Persons authorized to operate ------------------------------------- Provisions applicable to ----------------------------------------------- Prostitution Use of cab for immoral purposes ---------------------------------- General provisions relative to prostitution. See: Indecency and Obscenity Rates. See within this title: Fares and Rates Residency of licensee -------------------------------------------- Requirements for vehicles Frames for cards ------------------------ Knobs or handles on doors _________________________n______ Name and number on outside of cab -- n_________________ Stands Designation and use. See: Traffic Streets, defined n______________________________ Taximeters Connecting to drive wheel --- ------------------------------------------ Defined ___ ____ __ - __ ___ __________________ _______n________________________________ Fares. See within this title: Fares and Rates IlIum ina tion _________ --- _________n______ ----- -------------------------------------- Incorrect, unapproved __________________ ___________n___________________n Inspection, testing of ------------------------------------------------------ Main te nance -- ------------------------ - ------------ -------------------------------- Required Requirements for ---- ---------------------------------------------------- Signals - - ---------------- -- ------- -------------------- -------- -------- Telephones , restrictions ------------------------------------------------- Title certificate required, when - --------------------------------- Supp. No.6 1944 Section 34-64 34-40 34-65 34-80 34-69 34-79 34-82(5) 34-82 (4) 34-82(2) 34-82 (3) 34-82 (1) 34-82 34-80 34-45 34-62(1) 34-62(2) 34-62 (3) 34-39 34-72 34-39 34-73 34-72 34-77 34-74 34-67 34-31 34-75 34-66 34-46 e CODE INDEX T AXICABS-Cont'd. Traffic. See that title Unfit vehicles Opera ting _ ____ __ ______________________ _________ __________________________________ Vehicles for hire. See that title Violations. See also within this title various offenses Generally _ ______________________________ _________________________________ Section 34-53 34-60 34-42 e e Supp. No.6 1944.1 e CODE INDEX TELEPHONE CALLS Indecent, harassing ____________m__m______m___n __ _____m________________ Taxicab restrictions. See: Taxicabs Section 23-151 TELEPHONE COMPANY Franchise __m__mm____m_mm______________m_______m_m__m_____m______mApp. E, Art. IV TELEPHONE POLES. See: Poles, Wires, Conduits, Etc. TELEVISION Radio interference. See: Radios TELEVISION ANTENNA FRANCHISE ___________________m_App. E, Art. III TELEVISION CABLE Prohibited wires in streets. See: Streets and Side- walks Poles and wires. See: Poles, Wires, Conduits, Etc. TENANTS, OCCUPANTS Construed ___________m __m_m____________________________________________m__________ 1-2 (22 ) TENT SHOWS. See: Carnivals, Circuses and Tent Shows e TENTS Awnings, canopies and marquees. See: Buildings Temporary housing; housing standards. See: Hous- ing TERMITES Pest control. See that title THEATERS Amusement permits. See: Amusement Licenses and license fees. See: Licenses, Certifi- cates, Etc. Marquees, awnings, etc. See: Buildings THEFT Petit larceny. See that title Stealing, other provisions. See: Stealing TIME Computation of time for code purposes m____m___m__m__m__ 1-2(4) TOBACCO Spitting tobacco products, other filth. See: Spitting TOILET FACILITIES Cesspools, septic tanks, etc. See: Water and Sewers Housing standards. See: Housing e Supp. No. 24 1945 SALINA CODE TOILET F ACILITIES-Cont'd. Plumbing. See that title Restaurants and similar places. See: Food Regula- tions TOURISM Convention and tourism committee Transient guest tax. See: Taxation TOY VEHICLES Use on roadway. See: Traffic TRADING STAMPS Regulated __hu_____m__u________m_m_____u____u_m____h____m_____hm___u__ TRAFFIC Accidents Damage to vehicle, involving ___m_m_m____mm__u_mu___u Death or personal injury, involving _mm_umum_m________ De bris causing __uuu__u____m_____hh_____m________uuu______________,_ See also within this title: Littering Regulations Debris resulting from, removal ___nmhm__mmu_____________ Fixtures on highways Duty on striking m____m___________mh_mmh__m_mmnn_____n Information and aid Duty to give _u___mn___m_______h__u___m_u____nnm______m_m___ Reports Driver incapacitated _m___mmnu__________m_muuu____________ Filing; confidential nature of uu__hu__umm______m_m__m Generally uu___u___u________________u___u_uu_________m_______u_u______ Unattended vehicle Duty on striking __h_______________m_____m_u________u_____umn_____ Alcoholic beverages. See within this title: Intoxicating Liquor or Narcotic Drugs All night parking. See within this title: Parking, Stopping and Standing Alleys Defined ___mm_____n________h____U_u___uu_____u_u_______u_______mmu____ Stopping when emerging from mm___m_____mumm______u____ Parking, stopping and standing. See also within this title that subject Vehicle emerging from ____m_hmn____Umm___m_______________uu__ Ambulances Accidents. See hereinabove that subject Authorized emergency vehicles. See within this title that subject Supp. No. 24 1946 Section 23-158 22-267 22-266 22-16(2) 22-16(3) 22-270 22-268 22-272 22-273 22-271 22-269 22-1(1) 22-138 22-111 e CODE INDEX TRAFFIC-Cont'd. Angle parking. See within this title: Parking, Stopping and Standing Animals and animal-drawn vehicles Applicability of provisions nn _m_______mnm_mm- Arrest procedure. See within this title: Violations Section 22-12 e e Supp. No. 24 1946.1 e e e CODE INDEX TRAFFIC-Cont'd. Authorized emergency vehicles Defined __mum _m m__m__m______m _mumu_mn Duty of other vehicles upon approach Exemptions, privileges of ____m________ m__n______mm_____mun Fire apparatus. See also within this title that sub- ject Speed regulations. See within this title that sub- ject Backing of vehicles Limitations on um m___nmmmmm_um_uum___n Backup lamps. See within this title: Equipment on Vehicles Barricades- Removing, interfering with. See: Streets and Side- walks Bicycles Applicability of provisions uu nn_____Uu____nm_m____u___ Clinging to moving vehicles m__um Defined Manner of riding on Riding on sidewalk in business district Sidewalks Duties when riding on ___ ____nm._____um________ Violations, procedure. See within this title: Viola- tions Blind pedestrians. See within this title: Pedestrians Blocking. See within this title: Obstructions Blood test. See within this title: Intoxicating Liquor or Narcotic Drugs Bottles on roads. See within this title: Littering Reg- ulations Brakes Equipment requirements. See within this title: Equipment on Vehicles Bridge Parking on. See within this title: Parking, Stop- ing and Standing Passing on. See within this title: Overtaking, Meet- ing and Passing Special speed limitations. See within this title: Speed Regulations Building Stopping when emerging from m___ ___u_mm__ Building moving operations Precautions. See: Streets and Sidewalks Bus, school. See within this title: School Bus 1947 Section 22-1 (2) 22-113 22-10 22-121 22-12 22-206 22-1(3) 22-207 22-209 22-210 22-138 SALINA CODE TRAFFIC-Cont'd. Bus stops Use. See within this title: Parking, Stopping and Standing Buses Defined __u Business district Bicycles, riding on sidewalks Defined ___________________ _ _______nm Speed regulations. See within this title that sub- ject Careless driving Reckless driving. See also within this title that subject Children driving. See within this title: Driver's Li- censes Coasters Clinging to moving vehicles ___ __nnnm_______n Use on roadway ___________ _____n_______m__n Collisions. See within this title: Accidents Commission. See within this title: Highway Commis- sion Crosswalks Defined ___ ______________n______n__ Designation. See within this title: Traffic-Control Signs, Signals and Devices Intersections. See also within this title that sub- ject Parking on. See within this title: Parking, Stopping and Standing Pedestrians. See also within this title that sub- ject Crossings Railroad. See hereinbelow: Railroads and Trains School crossing guard. See within this title that subject Curb loading zones Designation of loading and unloading zones Marking and use of ____n _m__mm________m_____m__n__m Passing on. See within this title: Overtaking, Meet- ing and Passing Daylight saving time. See within this title: Official Time Standard Definitions See also within this title various subjects as de- fined 1948 Section 22-1(4) 22-209 22-1(5) 22-77 22-206 22-15 22-1 (7) 22-151 22-152 22-1 e e e CODE INDEX TRAFFIC-Cont'd. Parking meter definitions. See within this title: Parking Meters Reckless driving Department Defined Highway commission. See also within this title that subject Divided highways Driving on m_ Double parking. See within this title: Parking, Stop- ping and Standing Drivers Applicability of provisions Defined Driving mechanism obstructed, driving when --- Persons riding on part of vehicle not designed for passengers _______nnmn Driver's licenses Applications Referral; action on m__ Children Necessity to license, as to Permitting to drive m_n Restricted licenses m___m_mn Restricted licenses, applications - Required - ____m______ Unlicensed operator, permitting driving by Use of vehicle when license revoked, cancelled or suspended m___n__n____n__ Driveways Parking in. See within this title: Parking, Stopping and Standing Private road or driveway. See within this title that subject Stopping when emerging from Driving Passenger interfering with view or control of ve- hicle m___m___. _ _ _nm________m_____ ______m__n_n Drugs. See within this title: Intoxicating Liquor or Narcotic Drugs Elevated structures Parking on. See within this title: Parking, Stop- ing and Standing Special speed limitation. See within this title: Speed Regulations Emergency vehicles. See within this title: Authorized Emergency Vehicles 1949 Section 22-76(1 ) 22-1(8) 22-97 22-9 22-1(10) 22-202 22-204 22-32 22-31 22-30 22-32 22-32 22-27 22-29 22-28 22-138 22-203 SALINA CODE TRAFFIC-Cont'd. Equipment on vehicles Additional lighting equipment on certain vehicles m_ Animal-drawn vehicles Lamps and other equipment on _______m_ ___m_____m__ Auxiliary lamps ____ m____mnhm___h -___m____m___mnm_h________h Back-up lamps _ ---_m__m___m__n___m_ -m______m____m Bicycles, lamps on _mm____h___m__m__ ___h____m_____ Brakes on vehicles Equipment required Performance ability Clearance lamps Color of h_h___h -n--mhh____n_m___m____mh_m____m____oo__m Mounting _____ --m--m--m-_____m___hn_m__m____m____m___ Visibility ____ ------h---hm__m_____h______mm______________m_________ Compliance hm_h______ ------hm_n__nhm___m_____m Exemptions ---nn--m--_mnm_____m__h___hh______m__m Flashing lights, use restricted ____________ Fog lamps __m --m--n__m___m__mmmh___m____m___m ___mm_m__n Generally -n--__m______nnm____m__________m moo__m__n ________h_____ Head lamps and other lamps Additional equipment ____nm_____m _m_nhm_m___m_______m Mounted height of nh_______mn____n_hm______ _m______h__m__ Number of driving lamps required or permitted Obstructed light ---------nmn_mn__h___m_m__m____h__ Required, generally m----mh-nm___m___m__mmhmn__m_m Selling, using lamps or devices m_______m__m_____m Special restrictions h-m-----____mm__m_____m__________m__m__ Sunset hours, time when turned on ___hm___m____m_n Visibility distance _______m___ m----m_nm___m____m_nm__m Horns and warning devices __ -___________h____n_n_ Lighted lamp required, when -----_m____m__m____m_______m__ Marker lamps Visibility ---mhm--m----mmm_nm__hm___mmmm__mhn Mechanical signaling devices ---m______m__nn__m_____m_m__ Mirrors _ um---m-h-m_m____________m__h_mm__mm_____hh_ M ufflers --------------n-___h___h_____m____________m__n____m____h___________ Multiple-beam road-lighting equipment ___m_____m_m_n Noise. fumes, devices for prevention of ___m____h__________ Parked vehicles, lamps on --m____m_m____m____m_____m_m____ Pole trailers, lamps on h--h_m_hm___m______________m___m___,_ Projecting load, lamps or flags on m__m____m_h______mm__ Red lights, use restricted ---nm_m__m_______h___m_____n__m__ Reflectors ____ ___m_______m_ ----______m_______h___m_ ____nm_________m_ Color of ---------------________m______hh_oo__h_______________________m_____ Mounting ---_____n__m___m_______m____m__ _mnnh_h__h Visibility _h n__u_n_____u -----mm_u_n____h_mm__m_ 1950 Section 22-289 22-297 22-298 22-290 22-296 22-307(1) 22-307(2) 22-290 22-291 22-292 22-284 22-285 22-305 (3) 22-298 ( 4) 22-284 22-289 22-286 22-304 22-293 22-287 22-306 22-305 22-286( 1) 22-286 22-308 22-286 22-292 22-299 22-310 22-309 22-301,22-302 22-309 22-295 22-289 ( 5 ) 22-294 22-305 22-288 22-290 22-291 22-292 e e e CODE INDEX TRAFFIC-Cont'd. Road-lighting equipment Alternate ___m_m__m_ Multiple-beam nnumnm___ Safety hitches, drawbar connections, etc. See with- in this title: Size, Weight and Load of Vehicle Side marker lamp Color ____nm___ Mounting m______umn Signal lamps and devices ___nUm__ Turning movements. See also within this title that subject Size, weight and load restrictions. See within this ti- tle: Size, Weight and Load of Vehicle Spot lamps Tail lamp Adcitional equipmentmu Tire equipment Restrictions mmmmn Tires and wheels on vehicles. See also within this title that subject Trucks and other heavy equipment Additional lighting equipment Vehicles transporting explosives - Windshield wipers nn Windshields Unobstructed, required Excavations Parking alongside or opposite. See within this title: Parking, Stopping and Standing Explosives Defined __ _____uumm_ __mmu__um_ Nitroglycerin, transporting uu______ __mmmnn Requirements for vehicles transporting - Farm tractor Defined Fire department Emergency vehicles. See within this title: Authorized Emergency Vehicles Other provisions. See: Fire Department Fire hydrants Obstructing. See: Fire Department Parking near. See within this title: Parking, Stop- ping and Standing Fire station entrance, blocking. See within this title: Parking, Stopping and Standing Flags Projecting loads. See within this title: Equipment on Vehicles 1951 Section 22-303 22-301,22-302 22-290 22-291 22-299 22-298 22-288 22-289 22-313 22-289 22-314 22-312 22-311 22-1(11) 23-159 22-314 22-1(12) SALINA CODE TRAFFIC-Cont'd. Flammable liquid Defined __________n ----mn---_m___nnn___m___mn____m_n_____ Flashing signals. See within this title: Traffic-Control Signs, Signals and Devices Equipment on vehicles. See hereinabove that sub- ject Following too closely Funeral processions. See within this title: Parades and Processions Garbage haulers vehicles, standards. See: Garbage and Trash Glass on highways. See within this title: Littering Regulations Grade Passing on. See within this title: Overtaking, Meet- ing and Passing Guide dog provisions. See within this title: Pedes- trians Hazards Speed, reducing. See within this title: Speed Regu- lations Head lamps. See within this title: Equipment on Ve- hicles Highway commission Defined Department. See also within this title that sub- ject Traffic-control signs, signals and devices. See within this title that subject Hills and grades Turning on. See within this title: Turning Move- ments Unattended vehicles, leaving. See within this title: Parking, Stopping and Standing Hitchhiking. See within this title: Pedestrians Horns and warning devices. See within this title: Equipment on Vehicles Ice removal. See: Streets and Sidewalks Impoundment and removal of vehicles Nuisance vehicles ___n___m____________nn Persons parking on private parking without per- mission. See within this title: Parking, Stopping and Standing Intersections Blocking __mm__n__ m____n_m__n m__nn_______________________ Obstructions. See within this title that subject 1952 Section 22-1(13) 22-98 22-1 (6) 22-14 22-112 e e e CODE INDEX TRAFFIC-Cont'd. Crosswalks. See within this title that subject Defined ___nmU_________u_ ________uun_n Manner of turning at _m_m_mmn __________m_______u Turning movements. See also within this title that subject Overtaking at. See within this title: Overtaking, Meeting and Passing Pedestrians. See within this title that subject Right-of-way n_ ______Unmmu ____ ___m_mn See also within this title that subject Stop and yield intersections Authority to designate uu ___u____mmn___ Lettering of stop signs ___u_____m_____m__ Obedience to mm ____mnm_______ n_______mmn__ Traffic-control signs, signals and devices. See with- in this title that subject Turning movements. See within this title that sub- ject Intoxicating liquor or narcotic drugs Blood test Additional tests, entitlement to Arresting officer to direct Consent to submit to n_mmm____ Evidence of intoxication m_nmUm Other evidence, submission m___m_n - -----------00 Refusal to take test _ _ ____n__n___m____u Report of Withdrawing blood, person authorized ___n___nm____ Driving under influence ___ ___________muu_m_m Evidence of intoxication Presumptions ___n___nmm ___m_n_mmm ___m____mn___mu_mu Lamps. See within this title: Equipment on Vehicles Laned roadway Defined Driving on _m ___nm_nn__ Lanes Changing of ___m_mmn_m ___ummun Marking. See within this title: Traffic-Control Signs, Signals and Devices Licenses (vehicle) Driver's licenses. See within this title that subject Required mmnn__ ___nm_mnmm_ Tags Altering, defacing _mmm_ ____uummmmm Cleanliness, visibility of mm_mm_n____m__mmm___m___ Displaying on wrong vehicle n____muummum__m_ Required _mnm__mU_____m _____mum__mm___um____ 1953 Section 22-1 (14) 22-99 22-108 22-132 22-134 22-136 22-73 22-69 22-68 22-74 22-75 22-70 22-71 22-72 22-67 22-74 22-1(15) 22-96 22-120 22-33 22-34 22-34 22-35 22-33 SALINA CODE TRAFFIC-Cont'd. Liquor. See within this title: Intoxicating Liquor or Narcotic Drugs Littering- regulations Glass, other debris on highway Private garbage haulers, transportation regulations. See: Garbage and Trash Vehicles spilling, leaking, sifting loads. See within this title: Size, Weight and Load of Vehicle Loads on vehicles Equipment requirements. See within this title: Equip- ment on Vehicles Size, weight and load of vehicle. See within this title that subject Meeting of vehicles. See within this title: Overtaking, Meeting and Passing Metal tires. See within this title: Tires and Wheels on Vehicles Minors Driving. See within this title: Driver's Licenses Parental responsibility for violations. See within this title: Violations Mirrors. See within this title: Equipment on Vehi- cles Motor-driven cycles Defined ___n__m____ _m__n_____m____________ Motor vehicles. See also that title Ddinitions ___.______m___m Impoundment and removal of vehicles. See within this title that subject Regulated. See within this title specific types Motorcycles Clinging to moving vehicles __ nnm_________m_____________ Defined __.____ ----__mm______m__.______m______mm Manner of riding on ------m--m_______________________________m____m_ Moving buildings, approval of route, etc. See: Streets and Sidewalks Moving vehicles Boarding, alighting from __ ___n_______.____m Persons clinging to ---m-------______m_____________m_____m_______m____ Mufflers Equipment on vehicles. See within this title that subject Nails and similar items. See within this title: Littering Regulations Narcotics. See within this title: Intoxicating Liquor or Narcotic Drugs Nitroglycerin, transporting m_____________________ 1954 Section 22-16 22-1 (18) 22-1 22-206 22-1(17) 22-207 22-205 22-206 23-159 e e e CODE INDEX TRAFFIC-Cont'd. Noise Mufflers and other equipment. See within this title: Equipment on Vehicles Quiet zones m~~~nnm~nnn..m...._nnm__.._..m___m_n.m_n.n.__m Nuisances Impoundment and removal of vehicles. See within this title that subject Obstructions Intersections, blocking mm.mn_.nm.m_n.m.._m.___nn Parking, stopping and standing. See also within this title that subject Slow speed impeding traffic ..m..mmnmmm__m.m_._m_'_ Snow and ice. See: Streets and Sidewalks Speed regulations. See also within this title that subject Trains blocking streets. See within this title: Rail- roads and Trains Official time standard Defined .....m......n__..n...mnnn._.m...m...mn__n.............n..m' Official traffic devices. See within this title: Traffic- Control Signs, Signals and Devices One-way roadways Driving on .mmm___.nnnmm.m.m..mnmn........mm...mnm.n One-way streets Parking, stopping and standing. See within this ti- tle that subject Operator. See within this title: Driver Overtaking, meeting and passing Crest of grade, curves, other hazardous places .._n.__ Driving through funeral - processions. Set. witlun this title: Parades and Processions Left side Limitations m__.nnm.n....___.._n...___..n...___....n....n..___._.__ Passing on Right side Duty to keep to m_.mn.mnn.._nm.___m_________nm__.n.._nm Overtaking, passing on ___.m_n_.n___n______.._._n.._.._n Rotary traffic islands .m___._n___m..._m...m___.n._____..____.. Turning movements. See also within this title that subject Vehicles proceeding in opposit~ dlrection Meeting of .___...____nm.nmnn....nm.__._..n. ....___nnm.mm~n Vehicles stopped at crosswalk mn._n_.___n_...n___n___.mm Owners Defined _______.__.n....n....n......_._.......n___... _...___....'...n..n...... Supp. No. 22 1955 Section 22-115 22-112 22-86 22-1(20) 22-95 22-92 22-\f2 22-91 22-90 22-93 22-95 22-94 22-213 22-1 (23) SALINA CODE TRAFFIC-Cont'd. Parades and processions Driving in -----------m__mnm_m__n__m______m______________nu______ Driving through -----m-___m_m___mm_____________m__um__ Funeral processions Pennant or escort required for __m_u___m__ Permits Required _ __m________u_nu Parking meters Coin deposits Required _m_______u ----u----__u___m__m_____u______u___mm_m_______ Construction u--m---_m_m___mu__u______________mm_____m___m_m__ Defined ----------n-------_______u___m____u_m________uu_____m_n____m______ Front wheel to be against curb ____um__mm_____m_ Holidays, operation on ___mu_____nmum_m_mm__ Improper parking, penalties -__nu_mm____u_m_m___mmm__ Installation u--m--_m___m___m___m__m_______m____u_m_mm____n_m_ Location _____ -----------m-------m__m___m__m_u__n____u___m__m_u____n Maintenance ------m----m---____mn_____nmmm_m_mu________u___m__ Procuring --u-------nn--____________________n__mu___________m_______m______ Provisions declared supplemental ___mm__nm_______m_m____ Receipts, purpose of -m_n___n_m_mn_nn_____mmmm_m_m___ Spaces Marking __u___ ---m---____m____un___m__m_u__________m____m____m_ Stalls Designation __ __ --m--_m_m___mm___mm___m_u_____m_____m__n Par king in m--____mm_____m_mn___m_____________m_m_________________ Violations Penalty u----uu___________m___m__u_______m________uu__m_u____________ Zones Esta blishment -----_m___u___mu____n______n__________m_____um_____ Parking, stopping and standing Alley, stopping when emerging from _m___m_m____m_n Angle parking -m-__mm____m________m_mm__n__m___u Arterial streets at night Parking of certain vehicles on prohibited Bridge, upon -n----mu------___________m_nnu_______n_m___m____mm__ Crosswalks, near m____nm____m_mmn_______ __mm_mm___ Definitions m_____~u_mm___m____m ___m_u_nu_______ Dcuble parking Defined --m---__u_________m___m_m______________________m_______ Elevated structure, upon ----um___m__m_____m_____m___m____m_ Emergency vehicles Duty to stop for u------m--m--____m_______mm_mm_m____m_m Privileges and exemptions. See within this title: Authorized Emergency Vehicles Excavations Alongside or opposite -m______umn_m________m__u Supp. No. 22 1956 Section 22-236 22-237 22-235 26-234 22-182 22-177 22-169 22-181 22-178 22-180 22-1 ~5 22-177 22-176 22-176 22-173 22-172 22-175 22-179 22-179 22-190 22-174 22-138 22-147 (3) 22-150 22-143(13) 22-143 (6) 22-1 22"1 (9) 22-143(13) 22-114 22-143(11) e e e CbDE INDEX TRAFFIC-Cont'd. Fire apparatus. See within this title that subject Fire hydrants Obstructing, other regulations. See within this title: Fire Department Fire station entrance Blocking ..................................... Hand and arm signals ........................... Handicapped persons, parking spaces for Designation of by board of commissioners ....... Exact location Designation of by city manager .............. Unauthorized parking prohibited ............... Illegally stopped vehicles, removal ............... Impoundment and removal of vehicles. See within this title that subject Loading and unloading zones. See also within this title: Curb Loading Zones Designation ........: . . . . . . . . . . . . . . . . . . . . . . . . . Marking and use .............................. Manner of parking regulated ..................... Mobile home requirements. See: Trailers and Trailer Parks Moving another's vehicle into prohibited areas .... Nighttime parking Parking of certain vehicles on arterial streets ... Off-street parking and loading. See: Zoning One-way streets ................................ Overtime parking offenses ....................... Parallel parking ................................ Parking of certain vehicles (trucks, tractors, mobile homes, buses, etc.) Regulated in residential areas; nighttime parking Private property without permission .............. Penalty ...................................... Removal of vehicle ............................ Property line and curb line, between ............. Quiet zones .................................... . Repairing, washing vehicles on streets ........... Roadway side or another vehicle .................. Safety zones, in ................................ Separate offense, each hour over ................. Signaling devices ...... . . . . . . . . . . . . . . . . . . . . . . . . . . Signals required, when .......................... Signs for parking time limits .................... Traffic-control signs, signals and devices. See also within this title that subject Supp. No. 25 1957 . Section 22-143(10) 22-106 22-159 22-160 22-161 22-140 22-151 22-152 22-147 22-144 22-150 22-147(2) 22-146 22-147.1 22-150 22-153 22-154 22-155 22-143(15) 22-115 22-157 22-143(12) 22-118 22-146 22-107 22-105 22-53 SALINA CODE TRAFFIC-Cont'd. Specific locations Regulations for ............................... Spot lamps on vehicles. See within this title: Equip- ment on Vehicles Starting parked vehicles ......................... Stop and yield signs Other regulations. See within this title: Traffic- Control Signs, Signals and Devices Stop or yield intersections Duty when entering .......................... Stop sign, near ................................. Taxicab ::;tands Designation and use ........................... Marking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Through highway Authority to designate ......................... Time limits Marking of vehicles in violating areas .......... Traffic-control signs, signals and devices Near ...... ............... .... .... ........... Trucks, tractors, etc. Parking certain vehicles on streets in residential areas .................................... Parking of trucks generally ................... Unattended vehicles Duties upon leaving ........................... Violations Penalty, generally ............................ Parks, playgrounds and similar places Speed regulations. See within this title that sub- ject Parkways Use restricted; operation of vehicles on ........... Passing of vehicles. See within this title: Overtaking, Meeting and Passing Pedestrians Bicycle provisions. See within this title: Bicycles Blind or incapacitated persons Duty of driver when encountering ............. Impersonating ................................ White cane or walking stick; guide dog Rights of persons when not using ............ Coasters, roller skates, toy vehicles Use. ..... ... ................................. Control signal legend ........................... Supp. No. 25 1958 Section 22-145 22-104 22-110 22-143(7) 22-141 22-142 22-132 22-148 22-143(7) 22-150 22-149 22-156 22-158 22-208 22-220 22-222 22-221 22-15 22-215 CODE INDEX e TRAFFIC-Cont'd. Crossings Certain vehicles to stop at all crossings . . . . . . . . . . Crosswalks. See also within this title that sub- ject Crossing at other than in ........... . . . . . . . . . . . Overtaking vehicles stopped at ................. Right half, duty to use ....................... Right-of-way ................................. Dashing into traffic ............................. Defined ........................................ Hitchhiking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intersections. See also within this title that subject e Supp. No. 25 e 1958.1 Section 22-252 22-216 22-213 22-218 22-212 22-214 22-1 (25) 22-219 e e e CODE INDEX TRAFFIC-Cont'd. Persons doing road work, applicability of provisions Regulations applicable to ___m______m______________ ______m_nn____ Right-of-way. See also within this title that sub- ject Crosswalks, at _ ____mm__m_____ ___mn__ Roller skates, sleds and similar devices Use, clinging to moving vehicles, etc. __n___mnnn Safety zones. See within this title that subject School crossing guard. See within this title that sub- ject Sidewalks. See also within this title that sub- ject Violation of certain provision Penalty ---mnnm_m__m_n__mhm_m___m____m _. _n__m___m_n_ Wait or don't walk signals -m----m-_m___m___mm__n_mn___ Walk facing traffic, duty _m____ ---n______m______mn________ Walk signalsn__h______mm_m --__m__________m__m Person, defined -----__m_______nm_n___ nmmm_m___nnm________n__ Play streets Driving on ____ -mm----__mm_nmmm__m____m________m_______m___ Pneumatic tires. See within this title: Tires and Wheels on Vehicles Pole trailer Defined Police officer Defined ------------____ --_______m________m____ m_______n______n__ n___m _m__ Obedience to -- --m-----m-----mm__m______mm_________m_nn___ School crossing guards. See within this title that subject Police vehicles. See within this title: Authorized Emergency Vehicles Private road or driveway Blocking. See within this title: Parking, etc. Defined -----m--------m__m______________m____________mm_____ .m___________ Emerging from. See within this title: Parking, Stop- ping and Standing Projecting loads Passenger vehicles. See within this title: Size, Weight and Load of Vehicle Provisions Applicability to public employees --n-m_m__m_m_m____ Applicability to vehicles, persons doing road work Areas open to public vehicular travel, applicability Conformity to street plans m-m__mnm_n____m______m________ Obedience to __m m---mnn_m__m_mm_h_______m__m_m__m_m____ Real property owners, interfering with m_____m_mm__ ~_. ---------------- ------- --------.-------------- ____ ____u __________ Supp. No. 20 1959 Section 22-11 22-211 22-212 22-206-22-210 22-223 22-215(2) 22-217 22-215(1) 22-1 (26) 22-119 22-1 (28) 22-1 (29) 22-5 22-1 (30) 22-9 22-11 22-3 22-2 22-4 22-13 SALINA CODE TRAFFIC-Cont'd. Quiet zones _~~__~m_m_____m_m_u_m_mm_____U Railroads and trains. See also that title Crossings Backing trains or cars across ---- Building moving operations. See: Streets and Sidewalks Construction. See: Streets and Sidewalks Moving heavy equipment over m____u_m__um_u Overtaking. See within this title: Overtaking, Meeting and Passing Vehicles to stop at _~m_m~mmm Defini ti ons _ u _~ u_ ______ uu__u~ u_um _mu__~ u__ ___m _u__u_u ~ u Parking on or near crossings. See within this title: Parking, Stopping and Standing Railroad sign or signal Defined ______n_mu_ __m_m_~u__u_muuum_u__u____mm__m_~~__ Signal indicating approach of trains Obedience to um____~ _n_mm_n_~ Stop signs at Placement and height of ~m____m___n__n_m____ Traffic-control devices, other. See within this title: Traffic-Control Signs, Signals and Devices Trains blocking streets _uum~m~___u_nmn_ n___m_n__~_m Real property owners Provisions interfering with rights of __ _.___m_____ Reckless driving Careless driving Defined _______mmn Prohibited, penalty for m___m_U _nm_m_n_um Residence district Defined _____m_______ ___ un_ _uuuu___. _m____u_m ~_____m_~_m______nn Speed regulations. See within this title that sub- ject Right-of-way Authorized emergency vehicles. See within this title that subject Crosswalks. See also within this title that sub- ject Defined ___m_mu_____u_u_ _________uu__m_um_m_u_muuu____m__m_ Intersections. See also within this title that sub- ject Generally m___m__.____m_mm_n_mm____u_m___muu__nn__u__n Pedestrians. See also within this title that sub- ject Stop or yield intersections uu____mm_m___umm_mnm-m Supp. No. 20 1960 Section 22-115 22-255 22-253 22-249,22-250 22-1(31)-(33) 22-1(32) 22-246 22-251 22-254 22-13 22-77 22-76(1) 22-76(2) 22-1(34) 22-1(35) 22-108 22-110 e e e CODE INDEX TRAFFIC-Cont'd. Turning mo'vements. See also within this title that subject Vehicle entering highway from alley or private road --------------------------------------------_________________ Vehicles turning left ____n_____________________________________ Yielding, generally ________________________________________________ Road tractor Defined ____________________________________________________ Road work, persons doing. See within tM. title: Pe- destrians Roadway Defined _________________________________________________________________ Walking on. See within ,this title: Pedestrians Roller skates Clinging to moving vehicles _______________________________ Use on roadway _________________________________________________________ Rotary traffic islands Passing around ____________________________________________________________ Rubber tire. See within this title: Tires and Wheels on Vehicles Safety ~one Defined ___________________________________________________________ E sta blishment -------------------------------------------____n______n______ Obstructing. See within this title Parking, Stopping and Standing Pedestl1ians. See within ,this title that subject Traffic-control ,signs, signals and devices. See with- i,n this title that subject School bus Defined _ _m__n__________________________________________________________________ Grade crossing regulations. See within this title: Railroads 'and Trains School crossing guard Appointment _______________________________________________________ _________ Obedience to _____________________________________________________________ School crossing sign Obedience ____________________________________________________ School zones Marking and designation ----------__________n_______________ Speed regulations. See within this title that sub- ject Traffic-control ,signs, signals and devices. See with- in this title that subject Semi-trailers De:1iined _______________________ SuPp. No. 14 1961 Seotion 22-111 22-108 22-108 22-1 (36) 22-1(37) 22-206 22-15 22-95 22-1(38) 22-56 22-1(39) 22-6 22-7 22-8 22-66 22-1(40) SALINA CODE TRAFFIG-Cont'd. Sidewalks Bicycles on Duties of rider --------------------------------------------------- In business district ----------------------------------------------------- Blocking. See within this title: Parking, Stopping .and Standing Defined ------------------------------------------------------------------------------- Driving vehicles upon ------------------------------------------ Opereting v~hicles on ----------------------- ------------------------- Pedestrians. See within this title that subjecrt Signals. See within this title: Traffic-Control Signs, Signals and Devices Size, weight and load of vehicle Compliance ________________________________________________________m--------- Excess loads, authority to require removal -------------- Exemptions from provisions --------------------------------------- Gross weight -------------------------------------------------------------- Height, generally ----------------------------------------------------------- Length of vehiicle, generally --------------------------------------- Projecting loads Lamp or flag. See within this title: Equipment on Vehicles Passenger vehicles ---------------------------------------------------- Spilling of load ----------------------------------------------------------- Trailers and towed vehicles Drawbar connections and safety hitch ------------------ Weighing of vehicles, authority _________________m__________ Wheel and axle load ----------------------------------------------- Width of vehicle Generally -------------------------------------------------------------------- Skates Clinging to moving vehicles ------------------------------------- Sleds Clinging to moV'ing vehicles ----------------------------------- Slow speed. See within this title Speed Regulations Snow removal. See: Streets and Sidewalks Solid tires. See within this title: Tires <and Wheels on Vehicles Speed regulations Bridge or elevated structure S.pecial speed limitation ---------------------------------------- Business distr,icts ---------------------------------------------------- Emergency vehicles ---------------------------------------- ------- See also within this title: Authorized Emergency Vehicles Limits, chang,jng -------------------------------------------- Minimum speed, establishing ------------------------------ Parms, in vicinity of ----------------------------------------- Supp. No. 14 1962 Seotion 22-210 22-209 22-1(41) 22-122 22-208 22-325 22-334 22-326 22-333 22-329 22-329 22-328 22-330 22-331 22-334 22-332 22-327 22-206 22-206 22-87 22-79(1) 22-89 22-83 22~87 22-79(3) e e e CODE INDEX TRAFFIC-Cont'd. Reasonable and prudent speed required ________hmmm_ Reduction of speed when hazard exists __mm__mh___ Residence districts ______h_____h_mm____n___m_________m___m____ School zones Flashing warning lights, obedience _n_n_____hm____m Generally __ _ _______m__n_h___m________ ____h_h_num__m_______m__ Slow speed impeding traffic _ _____h_m_m_ Speed limits established, generally ____mh___m_ State highway commission Variation of speed limits by ___ __________m___m______m__m Violations, charging _____m____ ___ mhm__m____________mm____ Standing. See within this title: Parking, Stopping and Standing Stopping of vehicles. See within this title: Parking, Stopping and Standing Street plan Regulations to conform to _00__ _m_____h__m_mh__m___m_ Streets and highways Definitions 00 _m ______ ___m_____mm__ m_____m__m_m_m__m Driving on divided highways_____________________________m_h___ House building moving operations. See: Streets and Sidewalks Regulated. See also within this title various types of public way Right side, duty to keep to Generally __________m____m_h___________ _______m_n__m_________m______ Vehicle emerging from alley or private road _____m__ Tacks on roadway. See within this title: Littering Reg- ulations Taxicab stands Use. See within this title: Parking, Stopping and Standing Taxicabs. See also that title Time standard. See within this title: Official Time Standard Tires and wheels on vehicles Certain restrictions. See within this title: Equip- ment on Vehicles Metal tire, defined m____ Parking to curb. See within this title: Parking Me- ters Pneumatic tire, defined _m_m__mnh__mm_______h___ Solid tire, defined ___mm_ m__mnm________m________ Wheel and axle loads. See within this title: Size, Weight and Load of Vehicle Supp. No. 20 1963 Section 22-78 22-80 22-79(2) 22-85 22-84 22-86 22-79 22-81 22-82 22-2 22-1 22-97 22-90 22-111 22-1 (16) 22-1(27) 22-1 (42) SALINA CODE TRAFFIC-Cont'd. Through highway Defined m_n____u_ _________nm__m_m____mu_____u__u___mm_u_______ Streets and highways in general. See within this title: Streets and Highways Through streets Traffic-control signs, signals and devices. See with- in this title that subject Towing of vehicles Impoundment of vehicles. See within this title that subject Trailers. See within this title that subject Toy vehicles Clinging to moving vehicles _m__mm__mmm__mn_________m Use on roadway __n____ nm__m___m___m___mm__m_____mm_ Traffic-control signs, signals and devices City manager Duties generally _________________m________m_____m_m______________ Use of streets for other purposes Designating; placement of appropriate signs or devices indicating m________________________u_______________ Color signals _unm_m_m_____m_nm___nm__u Connecting links, local powers regarding - _____mmnm Crosswalks. See also within this title that sub- ject Designation ____mm_m___m__ ___m_mm____m__mm__m_________ Definitions __m_mm__nm__,m ___m__ __m_mu_m__m_m_u__u___ Erection, authority __m_m__m__m__ unu___m________mmumm Fixture on highways, striking. See within this title: Accidents Flashing u______m__________u_______m__u_m_m___m____U_______mm__m__ Location mm___mh_mm___m_n mm____ _m __uum _______ ____m_ _ _ Highway eommission Local power subje.-t to __m_______ mm____m______m______ Interfering with _____'m____mm__mn_n____m__________m_m_u Lanes, marking _m__u_____m____m'-------mu__------__-m__-----m-._-- Location _m___m__:m____m_u_m______u__nn__________ __m_ m_____n _m____ Maintenance, responsibility mm______,_nm____m____m___ Obedience _m___m_______m_mu_mm________u______mmm_______m____u__ One-way streets Signs required for _mm_______m_________m___mm__mmummu l'arking meter zones, spaces. See within this title: Parking Meters Parking time limit signs ___m__mmmm-__m-----mu-mnm- Pedestrian-control signal legend. See within this title: Pedestrians Supp. No. 20 1964 Section 22-1 (47) 22-206 22-15 22-50 22-65 22-58 22-49 22-55 22-1- 22-48 22-60 22-61 22-49 22-64 22-57 22-59 22-51 22-46 22-52 22-53 e CODE INDEX TRAFFIC-Cont'd. Placement _ ___ _______n_______n_ Quiet zonet _m_m_m ___m____mnu__um_ _m_____mm_uum__ Railroad crossing street lights. See: Streets and Sidewalks Section 22-51 22-115 e e, Supp. No. 20 1964.1 e e e CODE INDEX TRAFFIG-Cont'd. Railroad sign or signal. See also within this title: Railroads and Trains Interfering with -------------------------------------------------------- Safety zones. See also within this title that subject Establishment ________ _________________________n_________________________ School crossing sign. See within this title that sub- ject School zone flasher warning lights. See within this title: Speed Regulations School zones Marking and designation -- ___m____n___________________________ Signal legend n________________n____________n------------nn------------n---- Signs necessary to enforcement, when ___n___________________ State regulations, conformity --------------------------------------- Through street intersections __________________n____m-__________-- Trains, signals indicating approach. See within this title: Railroads and Trains Turning markers. See within this title: Turning Movements Turning signals. See within this title: Turning Move- ments Unauthorized m____ __n__nmn___m__m____m_n___________m____U Removal ________m_m_______ ________________________m_____n______n__n____n Vehicular equipment, signal lights, etc. See within this title: Equipment on Vehicles Trailers and other towed vehicles Definitions ________________________n__m_______________________ _______n_____m__ Regulations. See also within this title specific types Size, weight and load of vehicle. See within this title that subject Trains. See within this title: Railroads and Trains Truck tractor, defined __m__n______m______________________--___--___m--- Trucks Alleys, use __n________n_________________________mn______________________________ Defined _____________n______________m_______________________________________m______ Parking, stopping and standing. See also within this title that subject Spilling of loads. See within this title: Size, Weight and Load of Vehicle Through truck traffic Certain streets, on __________m________________________--___--___----_- Tunnels Overtaking, meeting and passing. See within this title that subject Parking in. See within this title: Parking, Stopping and Standing Supp. No.4 1965 Section 22-64 22-56 22-66 22-58-22-60 22-47 22-48 22-54 22-62 22-63 22-1 22-1(51) 22-114 22-1(50) 22-335 SALINA CODE TRAFFIC-Cont'd. Turning movements Changing Ian es __________________________________________________________________ Crest of grade, on ____________________________________________________________ Curves, on __________________________________________________________________________ Hand and arm signals ______________________________________________________ Hills, on ______________________________________________________________________________ Intersecti ons ____________________________ __________________________________________ See also within this title that subject Markers, placemen t ________________________________________________________ Obedience to turn signs and markers _________________________ Overtaking of vehicles. See within this title: Over- taking, Meeting and Passing Right-of-way Vehicles turning left at intersection ________________________ Signal lamps and devices. See within this title: Equipment on Vehicles Signals required, when ____________________________________________________ Turning markers o bedi ence to ________________________________________________________________ U-turns ______________________________________________________________________________ Unattended vehicle Duty on striking. See within this title: Accidents U-turns ____________________________________________________________________________________ Turning movements. See also hereinabove that sub- ject Vehicles D efin ed ________________________________________________________________________________ Driving restrictions. See within this title: Drivers Equipment. See within this title: Equipment on Vehicles Impoundment and removal of vehicles. See within this title that subject Licenses. See within this title that subject Motor vehicles. See within this title that subject Regulations. See within this title various types View obstructed, driving when ________________________________________ Violations Arrest procedure _______________________________________________________________ Bicycles Police to take up, when ________________________________________________ Children Parental responsibility for ________________________________________ Vehicles, bicycles used by __________________________________________ Failure to appear; procedure upon __m___________________________ General prohibition relative to ____________________________________ Parties to offenses ______________ ________________________________________ Supp_ No_ 4 1966 Section 22-120 22-100 22-100 22-106 22-100 22-99 22-101 22-102 22-109 22-105 22-102 22-103 22-103 22-1 (52) 22-202 22-346 22-352 22-351 22-352 22-346 22-245 22-348 e e e CODE INDEX TRAFFIC-Cont'd. Penalties Established ________________________________________mu__________________uu Persons owning or controlling vehicles Offenses by _______m__________m___________~_u_u________mm_____________ Reckless driving. See within this title that sub- ject Record and report of m_____nm_______m_mnm________________________ Warning devices Removing, interfering with. See: Streets and Side- walks Weight of vehicle. See within this title: Size, Weight and Load of Vehicle Wheels on vehicles. See within this title: Tires and Wheels on Vehicles White cane provisions. See within this title: Pedes- trians Windshield wipers. See within this title: Equipment on Vehicles Yards Parking in. See within this title: Parking, Stopping and Standing Yield intersections Duties when entering ________n_____________nm_m____mn________m Yield right-of-way. See within this title: Right-of- Way TRAILERS Mobile home contractors and craftsmen. See that title Mobile homes and mobile home parks. See that title Supp. No. 21 1967 Section 22-347 22-349 22-350 22-110 e e e CODE INDEX TRANQUILIZER GUNS Use in apprehending animals. See: Animals and Fowl TRANSIENT VENDORS. See: Peddlers, Canvassers and Solicitors TREASURER. See: City Treasurer TREASURY. See: Finances TREES AND SHRUBBERY Criminal violations Dead trees, limbs, etc. Removal Diseased trees and shrubs Cutting or removal Notice requiring __________________________________________________________ Failure to comply with _ ____________________________ General infection, powers of city in case of _m____________ Fencing, screening of junkyards. See: Junk and Junk Dealers Fruit, maliciously picking, etc. ____________________________________ Hedges. See; Fences, WaIls, Hedges and Enclosures Injuring, destroying, damaging, etc. Maintenance Right of city _ n_____ _ ---______u__________ Moving af bUildings, tree trimmings for. See: Streets and Sidewalks Parkings Rights of property owners over plants in Pest control, other regulations. See: Pest Control Planting, maintenance, treatment and removal Authority to regulate ----------------__mm___________________ Plants in parks, damaging. See: Parks, Playgrounds and Recreation Property owners Rights of Removal Authority Dead trees Diseased trees and shrubs. See hereinabove that subject Notice _ _____ _. ____ Failure to comply with Trimmers and treaters Bond and insurance _________ ----u----------u______________uu_u_________ Defini ti ons _ --- ---__ --------------------------m--_________________m__ Exemptions __________________________________________________ SuPp. No. 11 ----_._----~.------_._------------------- -- ---- - ----- --------------------~------ - -------------------------------------- n. -- --------------------------------_____M_____~ --.____n______~_____________.__ - ---------..------------------ 1969 33-41 33-42 33-42 23-21 33-3 88-10 33-3 33-1 83-2 33-1 83-5 33-6 33-7 33-27 38-21 33-22 Section 38-8 33-5 SALINA CODE TREES AND SHRUBBERY-Cont'd. Licenses Applications Approval of Required Bond and insurance Expiration Fee _m______n_nm___n_________n________ Granting or revocation Required Transferability ____u_ - Persons, defined ---- Pests, defined -------- Trimming Notice required _________ __nn_n___n_ ____________ _____m_______________ Owners, occupants, etc, duties ------- Trimming of trees for utility purposes. See: Poles, Wires, Conduits, Etc. Vegetation, other. See: Weeds and Brush Violations Criminal _____________________n___________n______n_____________-- ________n__n__ Nuisance declared, abatement n___ --- - - - ------ Weeds and brush. See also that title TRENCHING. See: Excavations and Fills TRESP ASSING Loitering. See that title On grounds of schools or institutions deemed unlawfuL TRUCKS Traffic. See that title TUNNELS General definitions applicable to streets and sidewalks See also: Streets and Sidewalks Parking in. See: Traffic TV AND RADIO TOWERS AND ANTENNAE Electrical code. See that title Maximum height, location of Poles and wires. See that title Television; radio, etc. See also those subjects U UNDERGROUND CABLES, ETC. See: Poles, Wires, Conduits, Etc. UNDERGROWTH. See: Weeds and Brush UNDERP ASSES AND OVERPASSES General definitions applicable to streets and sidewalks See also: Streets and Sidewalks Traffic provisions. See: Traffic Supp. No. 11 1970 Section 33-25 33-24 33-27 33-29 33-26 33-28 33-23 33-30 33-21(d) 33-21(2) 33-6 33-4 33-8 33-9 23-114 1-2 9-87 1-2 e e e CODE INDEX UNFIT DWELLINGS Designation, condemnation, other provisions. See: Housing URBAN RENEWAL Buildings codes. See: BUildings Charter ordinances ~~_~~~~~~~~__~~~~~~_~~~~~__~_~~~~~~~_~~~__~~~~__~~~__~~__~~~_~ Housing standards. See: Housing Unhealthful structures. See: Health and Sanitation Zoning. See that title UTILITIES Bills Old records, destroying. See: Public Records Cable television Tamp ering with ~~~~--~~~~--~~~--~~~~~~--~--~--~~~~~~--~~~~~~~~~m__~~~~~~ ~~~~~ Television. See also that title City refuse collection. See: Garbage and Trash Company's right of entry and inspection ~__~~__~~~~~_____~~~~~~~ Director of utilities Water and sewers. See that title Electricity. See also that title By -passing m eters ~~m----~m--~~~__~__~__m__~___~~____~_~~~~~_~__~__m~~ Discontinuing service for fraud ~~~~~~~__~~~__~~~~~~__~~~__~~~~____~ Tampering with meters, wires, etc. __~~~~~~~~~~~~~~~__~~~~~__~~~~ Excavations in streets. See: Excavations Fran ch i s e s ~__~m___~ -~~~~~~~~~~~~ ~~~~~~ ~~~~~ --~~--~~~~__~~~m~~~ _ _~__~~__~~ ~~~ ~__~ See also that title Gas and gas fitters. See also: Gas By - pas s ing me ters ~~~~~~~__~__~____~__~~~~~~__~____~~__~~__~~~~~~__~~~~~~__ ~~~ Discontinuance of service for fraud ~_~~__~~_____~_~~_~__ Meters, pipes, etc. Tampering wi th ~_m--_~~_~~--~-~-~~~~_~~~~___~~~~~~_~~~_~~__~~~~~~m__~_~ Meters Tampering wi th _~~____~~~~__ ~~~~~~~~__~~~~_~__~~~~___~~____~~~____~~_~__~_~__~_ Unlawful device as prima facie evidence against cons u m er ~~_~~~~~~~ __~___~ ~_~~~~__~~~~____~_~~_~__~~~~____~___~ ~______~___~~~_~ Moving of dwellings, bond requirements. See: Build- ings Poles, wires, conduits, etc. See that title Subdivision design. See: Subdivisions Systems Waterworks system and sewage disposal system combined. See: Water and Sewers v VACANT LOTS Inoperable vehicles, definitions applicable. See: Inop- erable Vehicles SuPp. No. 17 1971 Section App.F 30-5 30-4 30-2 30-6 30-1 App.E 30-2 30-6 30-1 30-1 30-3 SALINA CODE VACATIONS Officers and employees. See that title VACCINATION Dogs. See: Animals and Fowl VAGRANCY Begging, soliciting alms ~~~~__~~~~~nmn~~~n_~~n~~~nm~_~~~~~~m~_ Defin ed n~~~_~_~~__~n_~~~~~n_~~~~~~~~~_~_~~_~_n______n_________~n_n__~n__~_______~__ Loitering about property without permission ~n_n~_~_______ Narcotics establishments Loitering in ____~n_n____n____m___nm_~___n_n_n_~mn__~nm_~~n__~_nn Narcotics, possession ~_~_______~_nnmn_n__~_~n_n_nn_n___.~mn_nm__ Undesirable persons, associating with _~~_~~_~_~n~n_~~___n~~~__ Violations , penalty n__~__mn~_~m_~____~mnn__~__~n~_~nm_~~_~~_~~nn~_~ VANDALISM. See: Malicious Mischief and Vandalism VEGETABLES. See: Fruit and Vegetable Produce VEHICLES FOR HIRE Articles left in vehicles Disposition of ~m__~_~n__~n__ n~_~m___~~~~_~__~__m_~~_~~___~m_~~__n~___ Bus systems Fuel tax, reimbursement Application and approval ~n_nnn~n_n__~_~n__~mn_nnm__~n Declared lawful ~n__~__mnn__~__~_~_~~m_~_~n___~nn_n______~m~~~___ Fund or payment of _~n____~_~__~__m__n______~_nn_~~n___~~__~nn_ Generally _~nmnmnm_~__~n__m____~____~_~~n______n_~__~___n___n_n__ Buses Smoking, lighting matches, lighters on ~m_~~n___~ Traffic provisions. See: Traffic Franchises ~~__~n__~n____~mn~_~n_n~_~___n__mn_n_~~n____~~n_~__~__~_~__~nn~_ Freight vehicles Exemptio ns ____~_n_______~~~n~n__~_~__~_~___m_~n___n_nn~nn__~n_n_----- Licenses. See also within this title: License Plates Age of licensees ____~___m_~___n__~n__~__n__~___mn_____n~n_n______ Assignability _~_~~~n~_~_~~n_nnm__________n_n_~~__m_____m_~_nmn_ Content ~__~m_~__~_n_~_~~_n_~_n_n__~n_n_nm___nm_~__~~m_~_~~_~_----~- Exemption _~_nmn__~n__~__m_n___n_~______~_______~_n_n__mn_nn_n Fees Amount _~n_____~n_nn_nn_nm________..___n_n___mmn_n___nmmn Prorating ~_____nm_~____~m_n_~nn__~_n___n~nm_____m_~mmn_n Receipt _~_______n______n___nmm__n_n____nn_n__~m___nmmn__~__ Issuance mnm_~mn_n___n_nn__~________n_n____~_nm_____m__~m___n Required n~n___n_______m_____~n_n_nn__~__mm___n_____________~______n Revocation _________n_________nnn__~n___n_n______n_n______n_n______--~ Violation _m____~mm___nmn___n__mn~__m_n_________nn____n___n_n_ Supp. No. 17 1972 Section 23-164 23-160 23-162 23-161 23-161 23-163 23-165 34-1 34-7 34-6 34-8 34-6 34-5 App. E, Art. II 34-20 34-26 34-25 34-21 34-20 34-22 34-23 34-24 34-21 34-19 34-27 34-28 e CODE INDEX VEHICLES FOR HIRE-Cont'd. License plate Required ________________________________________________________________ Revocation when wrongfully displayed ----------------- Wrong vehicle, displaying on ------------------------------------------ Licenses. See within this title various types of vehicles for hire See also: Licenses, Certificates, Etc. Motor bus franchises __________________ Pool cab service. See: Taxicabs Taxicabs. See that title Traffic. See that title Section 34-2 34-4 34-4 App. E, Art. II e e Supp. No. 17 1972.1 e CODE INDEX VEHICLES, MOTOR. See: Motor Vehicles VENDING MACHINES Food vending machines. See: Food Regulations VENDORS Licenses and license fees. See: Licenses, Certificates, Etc. VENDORS, ITINERANT. See: Peddlers, Canvassers and Solicitors VETERINARIANS Animals regulations. See: Animals and Fowl VIADUCTS General definitions applicable to streets and siedwalks 1-2 See also: Streets and Sidewalks Traffic provisions. See: Traffic VIOLATIONS General penalty clause, other matters pertaining to. See: Code of Ordinances w e WALLS. See: Fences, Walls, Hedges and Enclosures WARDS Elections. See that title WARRANTS Countersigning. See: City Manager Finances. See that title Records, destruction. See: Public Records WATCHMAN Merchant or private policemen. See: Police Depart- ment e WATER AND SEWERS Air conditioners. See within this title: Water Conser- vation Authority to fluoridate water supply. See within this title: Fluoridation of water supply system Barricades, warning devices Removal, etc. See: Streets and Sidewalks Cesspools. See within this title: Vaults, Cesspools, Etc. Charges and rates for service Air conditioners, surcharge, etc. See within this title: Water Conservation Supp. No. 22 1973 Section SALINA CODE WATER AND SEWERS-Cont'd. Bills, billing Billing and collection, generally ______________________ Corrections and refunds ______________________________________ Delivery of Department not responsible for; duplicates _____ Deposits applied to payment of ____________________________ Nonpayment Disconnection of service for ____________________________ Payments of acrounts Service not furnished until ___________________ Regulations to secure payment ______________________________ Bulk sales of water Charge for ---------______________m___________________________ Consumer Defined -___________m_m_____m________________________________________ Cost records _____________________________________________ Covenant not to decrease rates ------------___~__________n______ Definitions Consumer definitions and classifications _________m Discontinuance of service Nonpayment of bilI ________"________ Violations, for _______________________________________________ Free ,service ________________________________________________________________ Hydrant rental --------------m--------______________________________m_ Meters Combined reading of multiple meters _________________ Meter failing to register Charge when _________________________________________________ Petty cash fund. See also within this title: Combined Departments Created ________________________________________________ Refunds ____________________ Revenues Deposit, use of ____________________________________________ Scope of provisions ---_____________m_______________________ Service, furnishing Payment of accounts required _______________ Sewerage rates established --_______m___________m___ Water not discharged to sewers Reduction in sewer charge, when ______________ Water rates established ___________________ Water used by city Charge for __________________ City officers Right of entry -----------------------_______n_________________m____m______ Supp. No. 22 1~74 Section 35-64 35-66 35-65 35-27 35-64 35-67 35-68 35-58 35-44 35-4 35-62 35-44 35-64 35-9 35-63 35-59 35-69 35-57 35-5 35-66 35-3 35-54 35-67 35-60 35-61 35-55 35-56 35-10 e e e CODE INDEX WATER AND SEWERS-Cont'd. Coznbined departznents Adzninistra tion _m_________________________m m_m__m____m________m__ Director of utilities. See within this title that sub- ject Petty cash fund Audit and restoration of __m___n_m_m_________________m____ Checks on, certification _mm___m_____________m_____m______ Crellted _____________________m_m_______m__________m___n_____________--- Deposits, disbursl\znents frozn _________m_m_m_________m__ Regulations declared contractual _________mm__m____________ Systezns cozn bined ____m___n________m_________ ____________m_m_______ Connections Charges and rates for service. See within this title that subject Sewer connection permits and fees. See: Pluznbing Definitions Water conservation. See within this title that sub- jeet Departznent of waterworks Cashier Bonds of city officials. See: Officers and Em- ployees Superintendent Official bonds of city officers. See: Officers and Employees Departznents Combined. See hereinabove: Combined Departments Created _m____________m______________m_______________m______________________m General matters pertaining to city departments. See: Departments of City Office znanager. See also within this title that sub- ject Purpose m_____m____________________________ ------------------------------------ Director of utilities Duties in general ___________m_________________h________________m__m___ Personnel specified _____m__m____mm_________________ __________m_n Right of entry ______________________________n____m________m_m___mm__ Diacharges into sanitary sewers pluznbing code aznendznents. See: Plumbing Facilities Taznpering with _____m_m______________m__m________m___mm_m_m Fire hydrants. See also that title Daznage to water systezn property. See within this title: Water System Property Hydrant rentals _____m_____________________________m_____m_m____________ Supp. No. 22 1975 Section 35-2 35-8 35-7 85-5 35-6 35-9 35-1 2-172 2-94(6) 85-10 35-11 35-59 2-171 2-171 SALINA CODE WATER AND SEWERS-Cont'd. Fluoridation of water supply system Authorized ----m-.-------------._____m____m.______m______________m_________ Food establishment water supply. See: Food Regula- tions Meters. See also: Utilities Charges and rates for service. See within this title that subject Tampering with ________m___________________________________________________ Water service. See"also within this title that subject Mobile homes and mobile home parks. See that title Moving of dwellings, permits. See: Buildings Nonavailability of public water Effect as to housing. See: Housing Office manager Department personnel specified m.__.m. .m...._m__m__...__ Duties in general m__m.___m.m.mm.m..__m____m____m______.__ Oil, grease and similar items Draining into sewers, rivers or other waterways m. Permits Sewer connection permits and fees. See: Plumbing Petty cash fund. See within this title: Charges and Rates for Service Plumbing code amendments. See: Plumbing Plumbing permits. See: Plumbing Rates. See within this title: Charges and Rates for Service Salt water on pavement. See: Streets and Sidewalks Sewer connection permits and fees. See: Plumbing Sewer connections Connection by city --..____nm....m...m.__m .______m__.m..mn____ Assessment of costs .-----.mn.__.__.m___m__.m.m__.______.m_ Plumbing permits and fees. See: Plumbing Required, when m.m.m__________________m____________________m___. Vaults, cesspools. See within this title that subject Sewer rates. See within this title: Charges and Rates for Service Sewer service Applications when area not served with city water Streets, sewers and other utility installations in. See: Streets and Sidewalks Subdivision design. See: Subdivisions Superintendent of sanitary sewer collection system Designated, personnel specified in department __.m__ Duties in general --.____.____.m.m__m.____.m...__._______.___.__.____. Superintendent of sewage disposal Duties in general m.m.__._.m_____.________m_____m..._m._____m__. Supp. No. 22 1976 Section 35-45 ~5-1l 2-94(6) 2-174 23-152 15-8 15-9 15-7 35-12 2-94(6) 2-176 2-175 e e e CODE INDEX WATER AND SEWERS-Cont'd. Office designated, personnel specified ____m__m___m___m Superintendent of water system Department personnel specified m_ __mm______m______mm_ Duties in general h___h_m____m___m__m__nm_____mh__m_____nnn Swimming pools. See that title Systems , combined __mm_____m_n_____________________ ________n____mmn Tapping charges. See within this title: Charges and Rates for Service Toilet facilities, housing standards. See: Housing Toilet facilities in restaurants, etc. See: Food Regula- tioIUl Trailer courts. See: Trailers and Trailer Parks Vaults, cesspools, etc. Defined _________________mm__n_______m_______n__n__n__ m_____m___n_____m Notice and abatement m__m_m____mm___m_____m_m____m_m_ Nuisance declared when sewer available __mm_mm_____ Prohibited ____m_n_____m__ _____m____n____ __m__________m____m_h________ Supp. No. 22 1976.1 Section 2-94 2-94(6) 2-173 35-1 15-10 15-12 15-11 15-11 e e e CODE INDEX WATER AND SEWERS-Cont'd. Violations Certain health regulations, penalty Water conservation Air conditioners Inspection and notice nn Permit required to install, fee Persons permitted to install Surcharge for nn__ Types of Back siphonage n_ Definitions ______n__n____ Priorities established Violators, as to Waste of water Wasting water, generally -- Water service Abandoned service lines, tapping or plugging Application for service Required ___m__m__m____m Areas not served, application for sewer service --- Charges and rates for service. See within this title that subject Consumers furnishing water to others Deposits Accounts _____m______ _____nm_m __m Application to payment of bill Basis of Interest on Refunds _m__n Required Unclaimed deposits, forfeiture Discontinuance of service Nonpayment of bills. See within this title: Charges and Rates for Service Right to cut off water Fluoridation, authority for Interrupted services, liability Liability of city nmn______m Meters. See also within this title that subject Accessibility Damaging Hot water, steam, etc. Responsibility nn Installation Authority nm__m__m Furnishing m_mmmn__n Generally --00- S'Upp. N U. 7 Section 15-13 35-82 35-81 35-82 35-84 35-80 35-85 35-79 35-86 35-83 35-31, 35-87 35-31 35-33 35-23 35-12 35-42 35-25 35-27 35-27 35-26 35-28 35-24 35-29 35-32 35-45 35-32 35-32 35-39 35-41 35-40 35-35 35-35 35-36 1977 SALIN A CODE WATER AND SEWERS-Cont'd. Location - nn__________ n___n___n_____n__m________nm_ Dirt, rubbish in meter or meter box __ Obstructing n_nm___ Required nn ___n_ n______n__n____n n____n_m__m Separate meter for each consumer nnn n_m__n Thawing, frost damage_____________m Plumbing, maintenance n_______nn____n______ Repairs of equipment, right to cut off water __ Unlawful use of water Wasting water _____On Water supply system Fluoridation, authority for ____ _______nnm__ Water system property, hydrants, etc. Damaging, tampering with Malicious mischief and vandalism. See also that title Wood culvert or runways. See: Streets and Sidewalks WATERWAYS Flood control. See that title WEAPONS. See: Firearms and Weapons WEEDS AND BRUSH Bindweeds _ n_____n________ Conditions prohibited Cutting by city Costs and assessments City may bear costs, when ___ __n___ ________ ___n_ Reports, records, collection, etc. Interfering with _nn ____nm____ n___n____nmn__n_ Required ___ _n___n_____ ___m_________n_____ ---_____nn_______m__m__ Diseased plants. See also: Trees and Shrubbery Exceptions to provisions Junk grass n_n___n_____ Nuisances. See also that title Declaration _nm______ n__m__nm__hm Russian knapweed Violations, penalty __ WELFARE Board of public welfare, amusements. See: Amuse- ments WELLS Oil and gas drilling. See that title WHISKEY. See: Alcoholic Beverages &upp. No.7 1978 Section 35-37 35-38 35-39 35-34 35-42 35-41 35-31 35-32 35-43 35-31 35-45 23-32 15-46 15-40 15-45 15-44 15-43 15-42 15-46 15-46 15-41 15-46 15-47 e CODE INDEX WHOLESALERS Alcoholic beverages. See that title WINE. See: Alcoholic Beverages Section WITNESSES Corruptly influencing witnesses __nu_________________n_____mm____ 23-58 WORDS AND PHRASES General definitions and rules of construction _____on - - 1-2 Terms defined in various context. See specific subjects as indexed WORK OPPORTUNITIES Equal opportunity and affirmative action. See that title WRECKED VEHICLES Inoperable vehicles. See that title WRECKING YARDS. See: Junk and Junk Dealers WRITTEN, IN WRITING Terms construed _n__._________________________n______________________ ---- e y YARDS Fences, walls, hedres and enclosures. See that title Zoning. See that title z ZONING A.1 Agricultural district Regulations for -.-..------------------------------------------ Access to lots ------------.---------------------------------------- Accessory uses. See within this title: Uses Administrative provisions ------------------------- Administator. See within this title: Zoning Adminis- trator Amendments Action by governing body _______n________________._________ Application for Fees ______________________________________________________________----- Form of -------.--------------------------------------------------------- Authority _________.__.---------------------------------~----- Findings of fact and recommendation of planning commission __________________________________________ Flood plains ------..------------------------------------------- Initiation of _____________________nn________________________________________ e Supp. No. 22 1979 1-2(23) 36-600 36-405 36-1200 et seq. 36-205 36-1202 36-202 36-200 36-204 36-812 36-201 SALINA CODE ZONING-Cont'd. Planned development district ---------________m___________ Planning commission Findings of fact and recommendation of ____________ Public hearings on _________________________________________________ Appeals Board of zoning appeals. See within this title that subject Board of zoning appeals Powers and duties, appeals, etc. _____________________________ Buffer screens Fences, walls, hedges and enclosures. See that title Building moving operations. See: Streets and Sidewalks Bulk regulations Public utility facilities Bulk regulations for ______________________________________ Requirements, generally ______________________________________________ Yards. See within this title: Yards and Other Open Spaces C-1 Restricted business district Regulations for ________________________________________________ C-2 Neighborhood shopping district Regulations for _______________________________________________ C-3 Shopping center district Regulations for _______________________________________________ C-4 Central business district Regulations for __________________________________________ C-5 Service commercial district Regulations for ____________________________________________________ C-6 Heavy commercial district Regulations for _________________________________________ Certificates Occupancy certificates. See within this title that subject Zoning certificates. See within this title that subject Charter ordinances _____________________________________ Comprehensive plan. See: Planning Conditional use permits Fees for application for ________________________________________ Flood plains zoning districts. See within this title that subject Conditional uses. See within this title: Uses Dance halls, proximity to residents. See: Dancing and Dance Halls Definitions Generally _________________________________________________________________________ U sage _____________________________________________________________________ Supp. No. 22 1980 Section 36-706 36-204 36-203 36-1201 36-504 36-500 36-608 36-609 36-610 36-611 36-612 36-613 App.F 36-1202 36-1301 36-1300 e e e CODE INDEX ZONING-Cont'd. Districts Enumerated ----------------------------------------------------------------.---- Establishment of ____________________________________________________ Specific requirements. See within this title specific districts Zoning map _____________________________m____________________________ District boundaries on ---------------------------- Driveways and recessed parking areas. See: Streets and Sidewalks Enforcement of provisions, generally _______________m__ Fences, walls, hedges and enclosures. See that title Fire districts. See: Buildings Flood plains zoning districts Amendments to regulations _________________m__________________ Conditional use permits Board of zoning appeals Consideration in granting --------------------- Standards for issuance --------------------- Conditional uses --------- Engineering criteria Adoption of __m________________________________________________ Establishment of Nonconforming uses ---------------- Permitted uses Provisions, generally ----- Purpose ______________________________ Statutory authorizations ------------------------- Variances -------------------------------------- Violations ------------------------------- Warning and disclaimer of liability -------------- Height regulations TV and radio towers and antennas. See that title Heritage conservation district Purpose .-------- Certificate of appropriateness review Commission Created Membership Officers Purposes _------- Financial support --- Heritage conservation plan ---- Heritage landmark, demolition or removal Permitted uses Public hearing Conduct of hearing .- Notice of hearing Supp. No. 26 1981 Section 36-300 36-300 36-301 36-302 36-1200 36-812 36-809 36-808 36-807 36-805 36-804 36-811 36-806 36-803 36-801 36-800 36-810 36-813 36-802 36-8AOO 36-8A09 36-8A02 36-8A03 38-8A05 36-8A02 36-8A06 36-8A07 36-8A10 36-8A01 36-8A08(b) 36-8A08(a) SALINA CODE ZONING-Cont'd. Terms of office _______ Home occupations ____________________ 1-1 Industrial park district Regulations for ________ 1-2 Light industrial district Regulations for ________________________ 1-3 Heavy industrial district ____ Regulations for --------_____m_________ m_m___________________ Intersections Obstructing visibility at --_____m_____ Junk yards Nonconforming _______________ Loading. See within this title: Off-Street Parking and Loading Lots Number of structures and uses on zoning lots _ Public utility facilities Lot size requirements for Lots of record Nonconforming ________________.________________ Map. See within this title: Zoning Map MH Mobile home park district Regulations for --_________m_____________________ Nonconforming uses, bulk and signs Applicability of provisions _m__m__________________m____ Flood plains ______________________________________ Lots of record, nonconforming ____________ Open storage yards, outdoor display or junk yards Signs, nonconforming -m----_________________m Signs. See also within this title that subject Status of conditional uses -_m_m______________~_______m_______ Structures, nonconforming Uses, nonconforming ____________________________ Obstructions Permitted obstructions in required yards ___________ Occupancy certificates _____________________ Fees for application -------m----______________m_m___ Planning. See also that title Off-street parking and loading Off-street loading, generally -----__m________m_ Off-street parking, generally _____________________________ Open land Yard requirements for Open spaces. See within this title: Yards and Other Open Spaces Parking. See within this title: Off-Street Parking and Loading Supp. No. 26 1982 Section 36-BA04 36-404 36-614 86-615 86-616 86-616 86-505 36-1105(8) 86-405 36-504. 86-1101 86-606 86-1100 86-811 36-1101 36-1105(3) 86-1105 86-1104 36-1102 36-1108 36-503 36-1200 36-1202 36-1001 36-1000 86-501 e e e CODE INDEX ZONING-Cont'd. Penalties. See within this title: Violations Permits Conditional use permits. See within this title that subject Signs. See within this title that subjeet Permitted uses. See within this title: Uses Planned development district Amendments Approval for planned development Procedure for securing ______________ Establishment of district Procedure, generally _______________________________ Final development plan Application for approval of __________________ Section 36-706 36-703 36-703 36-706 Supp. No. 26 1982.1 e e e CODE INDEX ZONING-Cont'd. Preliminary development plan Generally __________________________ ______________________________________ Status of after approval _________________________ Provisions, generally ____________________________________ Purpose _______________0______________________ Recording ________________________________0________ Standards and criteria for ______________________________________ P1anning. See that title Planning commission. See also: Planning Amendments. See within this title that subject Provisions Conflict with public and private provisions _____________ Intent and purpose ________________________________________________________ In terp reta tion __ __ __ ___m ____om _ _ _____________m____________ _____________ Reservations and repeals __________h_h__h_____________________m__m Savings provisions ____h____________mm___________mm________m Separability __________ _______m______________________________m______m_m__ Title _____________ _________________h___m_____________________________m_________ ____ Violations. See within this title that subject Public utility facilities Lot size requirements and bulk regulations for _ ____ R Single-family residential district Re gu lations for _____ ______ m________________ __________________________ _ _ _ m R-1 Single-family residential district Re gula ti ons for _________m____________________________________ ___m_________ R-2 Multiple-family residential district Re gula ti ons ____________ _______h________________________m___________________. ____ R-2.5 Multiple-family residential district Regulations for __h___________m_________________m____m_________h_______ R-3 Multiple-family residential district Re gula ti ons for __ _______________________m______ __________________________ _____ RS Single-family residential suburban district Regulations for Scope of control _m____m_______________________O_______OOO________ Sewers. See within this title: Water and Sewers Signs Classification of signs Functional type ____mO_______________________O______O_________ Structural type ____m__________________m__m___________ District regulations __________h_____h________m_______________ Exemptions from requirements ____mm_________m_________m N oI1conformingsigns ____mm___________________________ Permits. See within this subtitle: Zoning Certificate (Sign permit) Signs standards, generally m__________________m____________________ Zoning certificate (sign permit) Exemptions from requirements ____________________m_____ Supp. No. 23 1983 Section 36-703 36-704 36-701 36-700 36-707 36-702 36-1204(2) 36-101 36-1204(1) 36-1206 36-1205 36-1204(3) 36-100 36-504 36-602 36-603 36-604 36-604(A) 36-605 36-601 36-102 36-905 36-906 36-907 36-903, 36-904 36-1105 36-902 36-904 SALINA CODE ZONING-Cont'd. Generally ____m___m Required Subdivisions. See that title Temporary uses. See within this title: Uses TV and radio towers and antennas. See that title U University district Regulations for _m_m__mh___ _______m__ ___h_mnnu____ Uses Accessory uses Conditional use permits. See within this title that subject Conditional uses Status of Nonconforming uses Permitted uses Specific use requirements. See within this title spe- cific districts Temporary uses Utilities Public utility facilites. See within this title that subject Variances Fees for application for mn_mu_ Flood plains mnm_________m___m ____mn_______________h_m_ Violations Abatement and injunctive relief _ mmmu Flood plains. See within this title that subject Penalties, generally mnmnmm __mmmhnn__m_m______hhh Visibility at intersections Obstructing 00___00 Water and sewers Facilities, generally Yards and other open spaces Allocation and disposition of required yard or open space Restrictions on Open land Yard requirements for umm __m_nm_m______________mm_ Permitted obstructions in required yards _____mmmu Zoning administrator Enforcement officer m___mmm______________m _______m_u__ Zoning certificates mnnm ___mm_______nn________m_______n____u.. Fees for "application __mm_n__m_mm_m_mhm_m__h Planning. See also that title Zoning lots. See within this title: Lots Zoning map _________mu_ ______mmnnmmnmmm____ District boundary zones n_nn____hm__nm___ Supp. No. 23 1984 Section 36-900 36-901 36-607 36-402 36-401 36-11 04 36-1103 36-400 36-403 36-1202 36-810 36-1203 36-1203 36-505 36-406 36-502 36-501 36-503 36-1200 36-1200 36- 1202 36-301 36-302